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Home My WebLink Aboutordinance.council.003-14 ORDINANCE NO. 3 (Series of 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 4 OF THE ASPEN MUNICIPAL CODE, PROCUREMENT CODE. WHEREAS, Title 4 sets forth requirements for the expenditure of public funds through the procurement of goods and services; and WHEREAS, The City's procurement policy specifies different levels of review and Council involvement, based on the amount of proposed purchases; and WHEREAS, The current review thresholds were initially established in 1991, while changes in circumstances during the past 24 years, including the effect of inflation justifies review"and modification of certain threshold limits set forth in the procurement code; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO;THAT: Section 1: The City Council hereby amends Title 4, of the Asperi Municipal Code to.read as follows: Sec. 4.08.040. Approvals. 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 2014. After 2014, 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 twenty-five thousand dollars ($25,000.00) 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 ten thousand dollars ($10,000.00) 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 ten thousand dollars ($10,000.00), 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 each year 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. . 1 Such increase shall be calculated for the prior year and the amount increased on January 1 S of each subsequent year. No procurement shall be divided so as to avoid the approvals that would otherwise be required by the above. (Code 1971, § 3-11; Ord. No. 46-1991, § 1) Sec. 4.08.050. Formal contract procedure. Except as otherwise provided herein, all procurement in excess of twenty-five thousand dollars ($25,000.00), 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 two thousand dollars ($2,000:00) shall be purchased by formal written contract approved as to form by the City Attorney and executed by the City Manager. (Code 1971, § 3-12; Ord. No. 46- 1991, § 1) Sec. 4.12.060. Emergency procurement. (c) A full written report of the circumstances of all emergency purchases over twenty-five thousand dollars ($25,000.00) 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) Sec. 4.12.120. Contract performance and payment bonds. (a) When required; amounts. When a construction contract is awarded in excess of one hundred thousand dollars ($100,000.00) or it is deemed necessary by the Procurement Officer or the City Manager, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract: (1) A performance bond or other security satisfactory to the City, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the City; and (2) A payment bond or other security satisfactory to the City, executed by a surety company authorized to do business in this state or otherwise.secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. Section 2: 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. 2 Section 3. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. Notice A'public hearing on the ordinance was held on February 24, 2014, in the Rio Grande Meeting Room, Aspen, Colorado, fifteen(15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 10'h day of February 2014. Steve Skadron,Mayor ATTEST: i h City Clerk FINALLY,adopted,passed and approved this 24 day of Februa , 20141. Steve kadron,Mayor ATTEST: APPROVED AS TO FORM: -72 G a Ilrrr-Keen, City Clerk James R. True, City Attorney 3 Ad Name: 9935949A T—AI N°T Customer: Aspen (LEGALS) City of ORDINANCE#3, S ie of 2 PUBLIC HEARING reading a#3, Series of 2019 was adopted ua first reading at the City Council meeting February 10, 0 Your account number: 1013028 2019. This , if adcpted,will adopt a oxle artendwnt regarding procurement code. The pub- lic hear,m this orduiazxQ is scheduled for Feb- ruary rury 29, 2019 at 5:00 p.m.City Hall, 130 South PROOF OF PUBLICATION TTo sea. To see the entire text,90 to the city's legal notice website http://w .asperpitkin.ccn/DEpartmnts/Clerk/Ie- gal-Nbtios/ IF you would likea copy FAXed or e-veiled to you, call the city clerks office,929-2657 :1:1 1 M Published in the Aspen Times Weekly on February 13, 2019. [99359991 STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin,State of Colorado,and has a general circulation therein;that said newspaperhasbeen publishedcontinuouslyand uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under • Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 2/13/2014 and that the last publication of said notice was in the issue of said newspaper dated 2/13/2014. In witness whereof,I have here unto set my hand this 02/13/2014. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 02/13/2014. �►►�- 9 Pamela J.Schultz,Notary Public i Commission expires:November 1,2015 'gyp .8 PAMELA J. SCHULTZ 6ty Canmis W Expires 11101/1015