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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