Loading...
OR 96-764 City Manager to make purchases, execute contracts & approve change orders AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 96764 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COPPELL CITY CODE BY AMENDING SECTION 1-5-6 TO PROVIDE AUTHORITY TO THE CITY MANAGER TO MAKE PURCHASES, EXECUTE CONTRACTS AND APPROVE CHANGE ORDERS ON BEHALF OF THE CITY; PROVIDING A POLICY REGARDING PURCHASING AUTHORITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 7.09 of the Home Rule City Charter of the City of Coppell provides that the City Council may, by ordinance, confer upon the City Manager general authority to contract for expenditures without further approval of the City Council for all budgeted items not exceeding limits set by the City Council; and WHEREAS, the City Council has determined that efficient operation of the City would be enhanced by delegation of authority to the City Manager to make purchases, execute contracts, and approve change orders on behalf of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 1-5-6 of the Code of Ordinances of the City of Coppell, Texas, be, and the same is hereby, amended to read as follows: "SEC. 1-5-6 AUTHORITY TO PURCHASE, EXECUTE CONTRACTS, AND APPROVE CHANGE ORDERS A. The City Manager or his designee shall make all purchases for the City. He may purchase or provide for the purchase of all personal property necessary for the function of City Departments, Boards, and Commissions. B. All purchases of personal property and contracts for construction, repair, services (other than personal or professional), high technology procurements, or any other lawful municipal purpose that require an expenditure of $15,000 or less, regardless of the source of funds or whether for consumables, recurring expenses, capital outlay, or replacement shall be made by the City Manager upon such competitive basis as he may deem necessary and advisable. If the expenditure is more than $3,000, the City Manager shall follow the procedures for contacting disadvantaged businesses prescribed in 1 AGG08301 section 252.0215 of the Texas Local Government Code, as amended. All such purchases and contracts may be made by the City Manager as provided in this subsection without further City Council action. C. A contract for personal or professional services requiring an expenditure of $15,000 or less may be authorized by the City Manager or his designee by administrative action, without further City Council action. A contract for personal or professional services requiring an expenditure exceeding $15,000 must be authorized by the City Council. D. For purchases of personal property and contracts for construction, repair, services, or any other lawful municipal purpose requiring an expenditure exceeding $15,000, and required by state law to be competitively bid, the City Manager or his designee shall follow the procedures set forth in Chapter 252 of the Texas Local Government Code. E. For purchases of personal property or contracts for construction, repair, services, or any other lawful municipal purpose requiring an expenditure exceeding $15,000, but not exceeding $50,000, and required by Chapter 252 to be competitively bid, the City Manager or designee shall tabulate the bids and select a vendor or contractor with the lowest responsible bid. The City Council, or City Manager, when authorized to contract for the City, shall have the right to reject any and all bids. F. In the case of high technology procurements, within the same dollar limitations as D above, the City Manager, or City Council, as the case may be, may follow the competitive sealed proposal procedure as authorized by Chapter 252. Contracts for insurance that require an expenditure of more than $5,000 from one or more municipal funds, shall be awarded after following the procedure prescribed by Chapter 252 for competitive sealed bidding. G. No expenditure exceeding $15,000 may be made without competitive bids except when the expenditure falls within one of the general exemptions outlined in section 252.022 of the Texas Local Government Code, provided however, that in the event of an emergency expenditure, such emergency shall be declared by the City Manager and approved by the City Council, or may be declared by the City Council in its resolution authorizing execution of the contract. H. The City Manager, with the written concurrence of the City Engineer, is authorized to approve change orders on City construction and engineering contracts without further approval from the City Council, so long as the change will not increase the cost to the City by more than $25,000, provided 2 AGG08301 that the original contract price may not be increased by more than twenty-five percent (25%), or decreased by more than twenty-five percent (25%) without the consent of the contractor, and further provided that, in the event of an increase, there are budgeted funds to cover such cost increase." SECTION 2. To provide for the efficient operation of City administration and to assure that a high performance level of services to the citizens is maintained, responsiveness to the people is provided, and accountability in municipal government is assured, the City Council of the City of Coppell, Texas, adopts the following policy regarding the authority of the City Manager to make purchases, execute contracts, and approve change orders, for the City of Coppell, Texas: "The City Council of the City of Coppell, Texas, has granted actual and express authority to the City Manager of the City of Coppell, Texas to make purchases, execute contracts, and approve change orders for the City of Coppell. Consequently, the City Manager has implied authority to do that which is proper, usual, and necessary to the exercise of the authority that has been expressly delegated to the City Manager by Ordinance, including, but not limited to, appointing the Purchasing Agent or some other designee to sign such purchase orders, contracts and change orders on behalf of the City Manager where the City Manager is authorized to do so by Ordinance." SECTION 3. That all ordinances and provisions of the Code of Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. AGG08301 SECTION 5. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ;,;(~' -- ". ,I APPROVED: ATI'EST: APPROVED AS TO FORM: 4 AGG08301