HomeMy WebLinkAbout2024 Ordinance No. 0141
BY AUTHORITY
ORDINANCE NO. 14 COUNCIL BILL NO. 10
SERIES OF 2024 INTRODUCED BY COUNCIL
MEMBER NUNNENKAMP
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 4-1-3-1 TO
MODIFY CONTRACTING APPROVAL REQUIREMENTS FOR SERVICES,
MATERIALS, EQUIPMENT
WHEREAS, Englewood’s City Charter (Charter) Section 111 provides that “the City Manager
shall be responsible for contracting for and purchasing all supplies, materials, equipment and contractual
services required by any department, office or agency of the City. The purchasing officer shall be the City
Manager or such person as the City Manager may designate;” and
WHEREAS, Charter Section 113 limits the purchasing officer’s authority to purchase supplies,
materials or equipment without a competitive bid, to those purchases in an amount of $25,000 or less,
unless otherwise prescribed by ordinance; and
WHEREAS, Charter Section 116 limits the purchasing officer’s authority to purchase supplies,
materials or equipment for capital improvements without a competitive bid, to those purchases in an
amount of $50,000 or less, unless otherwise prescribed by ordinance; and
WHEREAS, in Ordinance No. 14, Series of 2019, City Council last increased the City’s
competitive bidding and contracting dollar thresholds, recognizing “failure to modify spending limits to
conform to inflation results in unnecessary costs to the City, including the necessity to retain additional
procurement personnel to generate requests for proposals on low budget items or standard items, and
filling City agendas with requests for approval of purchases of relatively small budget items and standard
items”; and
WHEREAS, inflation has increased significantly since 2019, and therefore the City is
experiencing the same issue it experienced in 2019, when it last raised its bidding and contracting
thresholds; and
WHEREAS, in study session, City Council evaluated this issue and reviewed contracting limits
of surrounding cities, and concluded the City of Englewood’s bidding and contracting thresholds require
revision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
SECTION 1. Amendment of Englewood Municipal Code
Section 4-1-3-1 of Englewood Municipal Code is hereby amended to read as follows (new provisions
underlined; removed provisions struck through):
4-1-3-1: - Contracts for Services, Materials, EquipmentPurchases Without Bids.
A. The City Manager is authorized to purchase, and execute contracts for, commodities,
equipment, devices, machinery, materials and parts, supplies, and services, including capital purchases
of equipment and services less than $125,000 without sealed, competitive bids. upon the open market
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or through negotiations and without receiving sealed, competitive bids therefor, in the following
general situations as follows:
1. In amounts over not exceeding ten thousand dollars ($10,000.00), the City Manager shall
obtain two written quotes, an optimal source justification, or, if the lowest and best bid available to the
City in the City Manager’s opinion, neither bids nor quotes shall be required;
2. In amounts not exceeding hundred fifty thousand dollars ($50,000.00), upon solicitation and
receipt of two (2) written quotes or upon providing documentation supporting a purchase through an
optimal source.
3. In amounts not exceeding one hundred thousand dollars ($100,000.00), pursuant to any a
general bid or purchase contract of the United States Government, State of Colorado, other a
governmental jurisdiction, or governmental/not-for-profit cooperative purchasing organization, at the
prices, terms and conditions contained therein (hereafter “Cooperative Purchase Agreement”), when, in
the opinion of the City Manager, the cooperative purchase price is deemed to be the source of the
lowest and best bid available to the City, or upon providing documentation supporting a purchase
through an optimal source.
B. If the project and/or contract has been budgeted by City Council and the contract amount is
equal to or less than the budgeted authority, the City Manager is authorized to purchase and execute
such contracts over $125,000 but less than $250,000 with sealed competitive bids, an optimal source
justification, or a Cooperative Purchase Agreement.
C. The City Council shall approve all such contracts over $125,000 if unbudgeted, or over
$250,000 if budgeted, after a sealed, competitive bid, except City Council may: is authorized to
purchase commodities, equipment, devices, machinery, materials and parts, supplies, and services,
including capital purchases of equipment and services, upon the open market or through negotiations
and without receiving sealed, competitive bids therefor, in the following general situations as follows:
1. In amounts exceeding one hundred thousand dollars ($100,000.00), the City Council
may approve such contracts by motion without waive competitive bidding for any professional
or technical services, a Cooperative Purchase Agreement, or services of/on behalf of the City's
regulated public utilities, for reasons deemed if in the best interests of the City; and
2. In amounts exceeding one hundred thousand dollars ($100,000.00), the City Council
may, by Resolution, approve such contracts with a purchase through an optimal source, if the .
The Resolution shall describes provides information concerning the specific benefits to the City
for utilizing the optimal source.
D. Calculating Dollar Thresholds.
1. The annual aggregated amount of a contract calculated by fiscal year will be used to
calculate the total amount of the contract for authorization requirements. For a multi-year contract
which the City may terminate at or within one year, the amount of the first year of the contract
will determine authorization requirements.
2. City Council shall approve all contract amendments increasing the total contract
amount by twenty-five (25) percent, if the total amended amount exceeds the thresholds
requiring City Council approval under (C) above.
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E.C. The City Manager shall establish prescribe rules, regulations and effective and efficient
purchasing policies necessary to control purchasing activities in an effective and efficient manner in
accordance with the Home Rule Charter and Englewood Municipal Code of the City of Englewood.
Such policies, as updated, Any administrative purchasing policy, or revisions to a purchasing policy,
shall be provided to the City Council for informational purposes.
SECTION 2. Procurement Policy
City staff shall amend the administrative Procurement Policy to conform to the amendments made to
EMC § 4-1-3-1 above, and provide a copy to City Council for informational purposes.
SECTION 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application of this
Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance
or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with
this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the
City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order
which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for the
health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This
Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s
official website, or both. Publication shall be effective upon the first publication by either authorized
method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to
execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City
Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the
absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced
documents. The execution of any documents by said officials shall be conclusive evidence of the
approval by the City of such documents in accordance with the terms thereof and this Ordinance. City
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staff is further authorized to take additional actions as may be necessary to implement the provisions of
this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable
by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law,
violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1.
Introduced and passed on first reading on the 8th day of April, 2024; and on second reading, in identical
form to the first reading, on the 6th day of May, 2024.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second
reading on the dates indicated above; and published two days after each passage on the City’s official
website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after
first publication on the City’s official website.
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