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HomeMy WebLinkAboutORD 2026-44 - Amendment to Ch. 4.08 "Authority of the City Manager and City Staff to Contract"ORDINANCE NO. Z.0ZG -q4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING SECTION 4.08.010, TITLED "AUTHORITY OF THE CITY MANAGER AND CITY STAFF TO CONTRACT," OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown (the "City") routinely procures goods and services necessary to provide municipal services and carry out public purposes; and, WHEREAS, state law authorizes local governments to use certain cooperative purchasing programs, including programs established under Texas Local Government Code Chapter 271, Subchapter D and Subchapter F, to promote efficiency, economy, and compliance with competitive procurement requirements; and WHEREAS, the City Council of the City of Georgetown (the "City Council") desires to delegate authority to the City Manager or the City Manager's designee to make purchases and execute contracts through such cooperative purchasing programs when the purchase or contract is authorized by state law and sufficient funds have been appropriated and are available in the adopted budget; and, WHEREAS, The City enters into many contracts, agreements, and similar documents that are routine in nature or are for certain categories or types of items that have already been approved through the budgeting process, and the City Manager and his or her designee should be authorized to negotiate and enter into these contracts and documents, in accordance with the guidelines established herein, in the interest of efficiency of administrative governmental operations in the City; and, WHEREAS, the City Council further desires to clarify and update authority for approving change orders to City contracts after legislative changes to prior statutory language governing change -order dollar limits; and, WHEREAS, the City Council finds that delegating contracting and change -order authority for budgeted items, when authorized by state law, will promote efficient municipal operations while preserving the City Council's authority over appropriations and policy direction. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: 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. Ordinance No.: Ana '% - H 4 Page 1 of 5 Description: Amendment to Chapter 4.08 Date: T( Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 4.08, "Authority of the City Manager and City Staff to Contract," is amended to read as follows: "Section 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 or the City Manager's designee 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 $50,000.00 or less, provided that the original contract price may not be increased by more than 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 goods or services. 3. A contract for the purchase of goods or services through local purchasing programs and cooperative purchasing programs that the City has been approved to be a participant of, provided that the funding for the contract is appropriated in an approved budget. 4. 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 $100,000.00 or less, provided that the original contract price may not be increased or decreased by more than 25 percent of the original contract price. 5. A change order or contract amendment modifying a contract originally approved pursuant to Subsection 4.08.010.B.1., provided however that the total contract price as amended cannot exceed $100,000.00. Ordinance No.: a 0 2 % �{ t{ Page 2 of 5 Description: Amendment to Chapter 4.08 Date: 6. The exercise of a renewal option, if the expenditure required during the renewal term is $100,000.00 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, except as otherwise provided in Subsection 4.08.010.13.3. 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 $100,000.00 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 4. 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. Any portion of this Chapter that is not being amended by this ordinance shall remain valid and in full force. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED ON FIRST READING ON THE 25TH DAY OF AUGUST 2026. PASSED AND APPROVED ON SECOND READING ON THE $DAY OF SEPTEMBER 2026. Ordinance No.: ZC) 2-(0 yy Page 3 of 5 Dcscription: Amendment to Cha er 4.08 Date: ip�yv� i4%�p,2(p ATTEST: CITY OF GEORGETOWN Robyn Den lore, City Secretary J sh chroeder, ayor APPROVED AS TO FORM: Skye Wsson, 6ity Attorney Ordinance No.: Ap2(o — tj 4 Page 4 of 5 Dcscription: /Amend��m,,en"t to Chapter 4.08 Date: g5 fZW Wv OeX'A.,2OL(o Ordinance No.:.2O2 G- 4 4 Page 5 of 5 Description: Amendment toChapter4.08 Date: gaz(o CHAPTER 4.08 AUTHORITY OF CITY MANAGER AND CITY STAFF TO CONTRACT 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: 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 $4950,000.00 or less, provided that the original contract price may not be increased by more than 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. 3. A contract for the purchase of goods or services through local purchasing programs and cooperative Purchasing programs that the City has been approved to be a participant of provided that the funding for the contract is appropriated in an approved budget. 43. 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 $100,000 or less, provided that the original contract price may not be increased or decreased by more than 25 percent of the original contract price. 54. A change order or contract amendment modifying a contract originally approved pursuant to Subsection 4.08.010.B.1., provided however that the total contract price as amended cannot exceed $100,000.00. 6-. The exercise of a renewal option, if the expenditure required during the renewal term is $100,000.00 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:,c(:uL u:, theiwisc u1uvideU u) Subsection 4.08.010.B.3.- 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. The City Council hereby authorizes the City Attorney to approve an agreement for outside attorney legal services for $100,000.00 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. Secs. 4.08.011, 4.08.012. Reserved. CHAPTER 4.08 AUTHORITY OF CITY MANAGER AND CITY STAFF TO CONTRACT 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. 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 $3-050,000.00 or less, provided that the original contract price may not be increased by more than 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. 3. A contract for the purchase of roods or services through local purchasing, programs and cooperative purchasing programs that the City has been approved to be a participant of, provided that the funding for the contract is appropriated in an approved budget. 45. 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 $100,000 or less, provided that the original contract price may not be increased or decreased by more than 25 percent of the original contract price. 54. A change order or contract amendment modifying a contract originally approved pursuant to Subsection 4.08.010.B.1., provided however that the total contract price as amended cannot exceed $100,000.00. 65. The exercise of a renewal option, if the expenditure required during the renewal term is $100,000.00 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, except ds otherwise pruvided Subsection 4.08.010.B.3.. 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. The City Council hereby authorizes the City Attorney to approve an agreement for outside attorney legal services for $100,000.00 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. Secs. 4.08.011, 4.08.012. Reserved.