HomeMy WebLinkAboutordinance.council.016-18 ORDINANCE No.16
(Series of 2018)
AN ORDINANCE OF THE ASPEN CIYT COUNCIL ADOPTING CODE
AMENDMENTS TO THE PROCUREMENT CODE, TITLE 4,SECTIONS 4.04.050
THOUGH 4.04.120.
WHEREAS, Title 4 of the Aspen Municipal Code sets forth authority, rules
and regulations that govern the procurement, management, control and disposal of any
and all supplies, services and construction to be procured by the City; and,
WHEREAS, the City's current thresholds and approval for purchases were
established in 1991;and
WHEREAS,the Aspen City Council met in work session on May 22, 2018; and
provided general direction to make changes to the current thresholds to recognize the effect
of inflation on the price of goods and services; and
WHEREAS,the City Council agreed that the threshold amounts be increased every
five years as determined by the change in Consumer Price Index. The limits will increase in
conjunction with inflation,rounded up to the nearest thousand dollars; and,
WHEREAS, the City Procurement Code ensures:
• To maximize the purchasing value of public funds, to codify and standardize
the City's purchasing rules and regulations;and,
• To provide safeguards for maintaining a procurement system of quality and
integrity;and,
• To increase public confidence in the procedures followed in public
procurement; and,
• To foster effective, broad-based competition within the free enterprise
system.
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for streamlining the procurement process for greater efficiency and savings; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN COLORADO THAT:
Section 1: Sections 4.04.050 (v) Definitions, shall be deleted and replaced with the following:
(v) Public notice shall mean any publication reasonably calculated to inform
responsible bidders or offerors. Public notice shall occur for a reasonable time and
may be disseminated through any means of mass communication including but not
limited to, newspapers, other written publications, posting, television, radio, other
broadcasting media,websites, and electronic billboards.
Section 2: Sec. 4.04.070 (b). Specifications. Shall be deleted and replaced with the following:
(b) Preparation. Before appropriate approvals are obtained in accordance with Section
4.08.040 above, for a procurement in excess of twenty-five thousand dollars
($25,000.00), the Procurement Officer shall cause to be prepared written
specifications detailing the City's requirements for the supplies, services or
construction.
Section 3: Sec. 4.08.040 (a), (b), (c). Approvals. Shall be deleted and replaced with the
following:
No procurement shall be made without the prior written approvals required to be made in
accordance with this section. The following shall be the approval limits in effect in 2018.
After 2018, these limits will be adjusted annually, corresponding with changes in the CPI:
(a) City Council. All procurements subject to the terms of this Chapter in excess of
fifty thousand dollars ($50,000.00) shall be approved by City Council by motion or
resolution. -
(b) City Manager. All procurements subject to the terms of this Chapter in excess
of twenty-five thousand dollars ($25,000.00)shall be approved by the City Manager.
(c) Department heads. Department heads shall have the authority to approve
procurements in an amount which does not exceed twenty-five thousand dollars
($25,000.00), without the prior approval of the City Manager or City Council; provided,
however that sufficient funds are available in the department head's department budget
for the item(s)purchased.
All dollar approval amounts listed above shall be increased every five years by the percentage
increase in the CPI, as measured by the national CPI for all Urban consumers (CPI-U)
rounded up to the nearest $1000. Such increase shall be calculated for the prior year and the
amount increased on the January I'of each subsequent year.
Section 3: Sec.4.08.050. Formal contract procedure. Shall be deleted and replaced with the
following:
Except as otherwise provided herein, all procurement in excess of fifty thousand dollars
($50,000.00),or whenever a department head or City Manager requests the same, shall be
purchased by a formal written contract approved as to form by the City Attorney. Unless the
department head seeking approval from the City Manager explains the lack of a need for same,
all procurement in excess of ten thousand dollars ($10,000.00) shall be purchased by formal
written contract approved as to form by the City Attorney and executed by the City Manager or
his/her designee. (Code 1971, § 3-12; Ord. No. 46-1991, § 1)
Section 4: Sec. 4.12.010. Methods of source selection; affirmative action goals. Shall be
deleted and replaced with the following:
For any procurement not exceeding twenty-five thousand dollars ($25,000.00)the
preference given pursuant to this Subsection 4.12.010(b)(1) may be in an amount not to
exceed ten percent(10%) of the total price.
Section 5: Sec. 4.12.020 (c). Competitive sealed bidding. Shall be deleted and replaced with
the following:
(c) Public notice. Adequate public notice of the Invitation for bids shall be given a
reasonable time prior to the date set forth therein for the opening of bids. If a state
or federal law or regulation controls the procurement process for any particular
purchase, adequate public notice may be mandated by applicable state or federal
laws or regulations. In the absence of exigent or emergency circumstances described
in Section 4.12.060 (Emergency procurement), adequate notice shall mean
publication of a public notice which summarizes the Invitation for bids in a
newspaper of general circulation, the City's website, or website specified for public
notification, for two (2) consecutive weeks with the last publication being not more
than one (1)week prior to the date set forth therein for the opening of bids.
Section 6: Sec. 4.12.030 (c). Competitive sealed proposals. Shall be deleted and replaced with
the following:
(c) Public notice. Adequate public notice of the Request for Proposals shall be given in
a reasonable time prior to the date set forth therein for the receipt of proposals. If a state
or federal law or regulation controls the procurement process for any particular
purchase, adequate public notice may be mandated by applicable state or federal laws
or regulations. In the absence of exigent or emergency circumstances described in
Section 4.12.060, (Emergency procurement), adequate notice shall mean publication of
a public notice which summarizes the Request for Proposals in a newspaper of general
circulation, the City's website, or website specified for public notification, for two (2)
consecutive weeks with the last publication being not more than one (1) week prior to
the date set forth therein for the opening of bids.
Section 7: Sec. 4.12.040(a) . Small purchases. Shall be deleted and replaced with the
following:
(a) Small purchases. Any procurement not exceeding twenty-five thousand dollars
($25,000.00) may be made by the Procurement Officer by negotiation without formal
competition for the purchase of supplies, services or construction; subject, however, to the
approval process required by Section 4.08.040.
Section 8: Sec. 4.12.060 (c). Emergency procurement. Shall be deleted and replaced with the
following:
(c) A full written report of the circumstances of all emergency purchases over fifty
thousand dollars ($50,000.00) shall be made by the City Manager to the City
Council. The report shall be received by the City Council at a regular meeting and
such report shall be open to public inspection. (Code 1971, § 3-18; Ord. No. 46-
1991, § 1)
Section 9:
Any Scriverner's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 10: Effect Upon Existing Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 11: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 12: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23`d day of July 2018.
Ater.
qi�AaMannling, City C erk Steven Ska on, Mayor
FINALLY, adopted, passed and approved this 13 1h day of August 2018
Att t:
InAaMailkg, City CI rk Steven Sk dron, Mayor
Approved as to form:
Ja6es R. True, City Attomey