HomeMy WebLinkAboutORD 2017-10 - Authority to ContractORDINANCE NO. D01 -1 -ID
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS,
AMENDING SECTION 4.08.010 OWTHE CODE OF ORDINANCES
RELATING AUTHORITY OF CITY MANAGER AND CITY STAFF
TO CONTRACT; PROVIDING A SEVERABILITY CLAUSE;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to State Law and the City of Georgetown Home Rule Charter, the City
Council may delegate certain authority to approve contracts to the City Manager;
WHEREAS, the City Council desires to update and clarify delegation of authority to contract to the
City Manager and City Staff; and
WHEREAS, updating the delegation of authority will assist the City and the public in conducting
the City's purchasing and contracting affairs.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
Section 1. The meeting at which this ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. Chapter 4.08, Section 4.08.010 the Code of Ordinances is amended as shown below.
Sec. 4.08.010. - Delegation of Contracting Authority
A. Except as specifically 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.
This Section may not be construed to delegate authority to approve or execute, without City
Council action, any contract, contract amendment, change order or other legal instrument that is
required by State Law to be approved by the City Council.
B. The City Council hereby authorizes the City Manager to approve and execute the following by
administrative action without further City Council action:
1. A contract for expenditures in the City Council approved budget for which the contract
amount does not exceed the amount which requires compliance with state competitive
procurement laws, provided that all such contracts and expenditures are in compliance with
the City's annual budget and the City's fiscal and budgetary policy.
2. A change order to a contract required by state law to be procured through either competitive
bid or competitive sealed proposal that increases or decreases the contract price by $50,000
or less, provided that the original contract price may not be increased by more than twenty-
five (25) percent, and provided that a change order may only make necessary changes to
plans or specifications after the performance of the contract has begun or increase or
decrease the quantity of good and services.
{00009166 / / PURCHASING / POLICIES / 01/13/20171
Ordinance Number: apl'l - 10 Page 1 of 3
Description: Authority to Contract
Date Approved: a 114 2017
3. A contract amendment to a contract not required by state law to be procured through
competitive bid or competitive sealed proposal modifying the scope of services and
increasing or decreasing the contract price by $50,000 or less, provided that the original
contract price may not be increased or decreased by more than twenty five (25) percent of
the original contract price.
4. A change order or contract amendment modifying a contract originally approved pursuant
to Sec 4.08.010 (13)(1), provided however that the total contract price as amended cannot
exceed $50,000.
5. The exercise of a renewal option, if the expenditure required during the renewal term is
$50,000 or less.
C. The City Manager may delegate authority granted under this Section to the extent allowed by this
Code, the City Charter, or State law. The City Manager may make rules and procedures, which
are not in conflict with this Code, the City Charter, or State law, concerning the form and
substance of administrative actions necessary for the contracting and change order process.
D. All contracts or expenditures in excess of the amount that requires compliance with the state
competitive procurement laws must be approved by the City Council, even if they are included in
the City Council -approved budget.
E. If a method of procurement other than competitive sealed bidding or competitive sealed proposals
is allowed by law, the City Manager or designee shall have the authority to determine whether to
use an alternative method of procurement. If the City Manager or designee is considering using a
method other than competitive sealed bidding, the City Manager or designee shall make such
determination before notice is given. If the competitive sealed proposals requirement applies to
the contract, the City Manager or designee shall consider the criteria described in State Law to
determine the best value for the City.
F. The City Council hereby authorizes the City Attorney to approve an agreement for outside
attorney legal services for $25,000 or less provided that sufficient funds have previously been
appropriated by City Council. Any other agreement for outside attorney legal services must be
approved by Council.
Section 3. If any provision of this ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this
ordinance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are hereby declared to be severable.
Section 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This ordinance shall become effective in accordance with the provisions of the Charter of the City of
Georgetown.
100009166 / / PURCHASING / POLICIES / 01/13/2017)
Ordinance Number: Q01-7—ID Page 2 of 3
Description: Authority ty C ntract
Date Approved: &I I Li 2017
PASSED AND APPROVED ON FIRST READING on the A day of .� UWJ 2017.
PASSED AND APPROVED ON SECOND READING on the A day of�rjntUa! , 2017.
ATTEST: THE CITY OF GEORGETOWN:
Shelley Now , City Secretar Dale Ross, Mayor
APPROVED AS TO FORM:
dG�
Charlie McNabb, City Attorney
(00009166 / / PURCHASING / POLICIES / 01/13/2017)
Ordinance Number: CDC21-7 -1 D Page 3 of 3
Description: Authority to CQutract
Date Approved: Q I I t} 2017