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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