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HomeMy WebLinkAboutOrdinance 14806 ORDINANCE NO ~~~~ AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADOPTING NEW CONTRACTING AUTHORITY AVAILABLE UNDER STATE LAW; AUTHORIZING IMPLEMENTATION BY THE CITY MANAGER, REVISING THE COUNCIL APPROVAL AMOUNT TO $25,000; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1 Section 2-9 ("Contract execution, change orders") of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended, and after said amendment, shall read as follows Sec. 2-9. Contract execution; change orders. (a) Except as otherwise provided herein, all contracts, including claim and lawsuit settlement agreements, to which the city is a party shall be approved by the city council prior to execution by the city manager As used m this section, the term "city manager" shall also include "assistant city manager " (b) The city council hereby adopts and the city manager is authorized to implement: (1) Use of the eight best value selection criteria for eligible transactions as authorized by state law; (2) Use of electronic bid and proposal processing, provided that appropriate rules for procedure and security have been adopted and implemented, (3) Use of the online reverse auction procedure where authorized and appropriate, (4) Use of any the various methods of contracting authorized by subchapter "H" of chapter'271 of the Texas Local Government Code as appropriate; (5) Use of Interlocal contracts with entities outside the state of Texas where authorized and advantageous to the Crty (c) Any contract mvolvmg an expenditure of twenty-five thousand dollars ($25,000 00) or less of city funds maybe executed by the city manager without city council approval, provided that sufficient funds have previously been appropnated by the city council. (d) Any contract or other legal instrument for the sale, purchase or lease of real property shall be approved by the city council pnor to execution or acceptance by the city manager; provided, however, that leases of city property for a term not exceeding thirty (30) days and mvolvmg an amount not exceeding twenty-five thousand dollars ($25,000 00) maybe executed by the city manager without city council approval. Provided further, that any contract or other legal instrument for the lease, license or use of facilities at the Will Rogers Memorial Center or the Fort Worth Convention Center maybe executed by the city manager without city council approval. (e) Any contract for which the best value selection criteria are not authorized, that is submitted to competitive bids and is proposed to be awarded to a bidder other than the lowest bidder shall be approved by the city council before execution by the city manager (f) Where any individual change order pertaining to a public works contract involves an increase or decrease in cost of twenty-five thousand dollars ($25,000 00) or less, the change order maybe approved and executed by the city manager upon the written recommendation of the director of the department responsible for such work and without the necessity of city council approval, provided, however, that sufficient funds have previously been appropnated for payment of such added cost. (g) Any contract for the purchase of electricity maybe executed by the City Manager without City Council approval provided that (i) the term of any such contract does not exceed twenty-four (24) months and (ii) sufficient funds have previously been appropnated by the City Council for that purpose. SECTION 2. This Ordinance shall be cumulative of all ordinances of the City, except where the provisions of this Ordinance are ~n direct conflict with the provisions of such other ordinances, m which case the conflicting provisions of such other ordinances are hereby repealed. SECTION 3. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment or decree of any court of competent ~urisd~ction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. 2 SECTION 4. This Ordinance shall be in full force and effect upon its adoption. ADOPTED AND EFFECTIVE ~0 ~ ! D< APPROVED AS TO FORM AND LEGALITY ity torney ~ j,,,y 3 City of Fort Worth, Texas ~1-~Aya~r And aunc~l an~t~rlun~cAfiion C C DATE REFERENCE NUMBER LOG NAME PAGE ` 10/9/01 P-9465 REVISED 13RAISING 1 of 2 SUBJECT AMENDMENT OF CITY CODE TO ADOPT NEW PURCHASING AND CONTRACTING _ AUTHORITY AND RAISING THE CITY COUNCIL APPROVAL LIMIT TO $25.000 RECOMMENDATION It is recommended that the City Council 1 Adopt the attached ordinance amending Section 2-9 of the City Code, and 2. Authorize the City to utilize new contracting and purchasing authority granted under state law; and 3 Authorize the City Manager to execute facility use agreements for the Fort Worth Convention Center facilities without City Council approval in the same manner as currently provided for the Will Rogers Memorial Center DISCUSSION The opportunities presented by Legislative amendments to the state purchasing statutes were presented to the Governmental Relations Committee on August 9, 2001, and forwarded to City Council via Informal Report No 8350 on August 28th For a brief recap, the Legislature authorized raising the dollar limit for governing body approval to $25,000, use of the eight best value selection criteria, use of electronic bid and proposal receiving, use of the online reverse auction procedure, and use of interlocal contracts with entities outside the state of Texas. Staff also proposes to include amending language to authorize the City Manager to sign contracts or other documents for the use of the Fort Worth Convention Center facilities without City Council approval in the same fashion as currently authorized for the Will Rogers Memorial Center Adoption of the attached ordinance will amend the provisions in the City Code that deal with these matters and will authorize staff to implement the changes necessary to take advantage of the opportunities offered by the legislation City of Fort Worth, Texas ~I~A~o~ And C,aunc~il C,o11~t1~1up1CAt'1a11 DATE 10/9/01 REFERENCE NUMBER P-9465 REVISED LOG NAME 13RAISING PAGE 2 of 2 SUBJECT AMENDMENT OF CITY CODE TO ADOPT NEW PURCHASING AND CONTRACTING AUTHORITY AND RAISING THE CITY COUNCIL APPROVAL LIMIT TO $25,000 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material effect on City funds. CB.k y Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~OV~® Charles Boswell 8511 { ~~ OU~~~~ Originating Department Head: r " ~Cj 9 2041 Jim Keyes 8517 (from) 1 ~ ~ Additional Information Contact: "` ~' """ ~ ~` City Secretary of tRe d;:ry o; Fort Wort1<, Texas Hugh Davis 7765 ~dopt~d Urd~nanZe Flo, ~~~(©