In this article:
(1) ALTERNATIVE DELIVERY METHOD means one of the methods authorized by Chapter 2269 of the Texas Government Code, as amended, for contracting for facility construction.
(2) CITY EXPENDITURE means the payment of money by the city directly to a vendor or contractor pursuant to a city-awarded contract in consideration of goods furnished to or services performed on behalf of the city, or in consideration of the accomplishment of some other lawful public or municipal purpose, regardless of the source or nature of the funds used by the city to make payment and regardless of the form of contract used.
(3) COMMUNITY DEVELOPMENT ITEM means the purchase, by competitive sealed proposal as required in Section 252.021(d) of the Texas Local Government Code, as amended, of goods or services pursuant to a community development program established under Chapter 373 of the Texas Local Government Code, as amended, in which the source of the city expenditure for the purchase is derived exclusively from an appropriation, loan, or grant of funds from the federal or state government for community development purposes.
(4) DIRECTOR means the director of the department designated by the city manager to administer this chapter or the director's authorized representatives.
(5) FACILITY has the meaning given that term in Chapter 2269 of the Texas Government Code, as amended.
(6) GENERAL SERVICES means insurance (including insurance-related services such as claims adjustment and policy administration), technical services related to the purchase of a high technology item, or other types of manual, physical, or intellectual labor performed on behalf of the city and purchased for a lawful municipal purpose. The term does not include personal services, professional services, planning services, or facility construction.
(7) GOODS means supplies, equipment, or other personal property, including but not limited to high technology items, purchased and used for a lawful municipal purpose.
(8) GOVERNMENTAL CONTRACT has the meaning given that term in Chapter 2252, Subchapter A, Texas Government Code, as amended.
(9) HIGH TECHNOLOGY ITEM means an item of equipment, goods, or services of a highly technical nature, including but not limited to:
(A) data processing equipment and software and firmware used in conjunction with data processing equipment;
(B) telecommunications equipment and radio and microwave systems;
(C) electronic distributed control systems, including building energy management systems; and
(D) technical services related to those items listed in Paragraphs (A) through (C) of this subsection.
(10) LOCAL BUSINESS means a business with a principal place of business within the city.
(11) NONRESIDENT BIDDER has the meaning given that term in Chapter 2252, Subchapter A, Texas Government Code, as amended.
(12) PERSONAL SERVICES means any service personally performed by the individual with whom the city has contracted.
(13) PLANNING SERVICES has the meaning given that term in Section 252.001, Texas Local Government Code, as amended.
(14) PRINCIPAL PLACE OF BUSINESS means:
(A) the headquarters of a business or the primary executive or administrative office of a business from which the operations and activities of the business are directed, controlled, and coordinated by its officers or owners; or
(B) an established office, plant, store, warehouse, or other facility where the majority of the business' operations and activities are conducted and located, except that a location solely used as a message center, post office box, mail drop, or similar service or activity that provides no substantial function to the business is not a principal place of business.
(15) PROFESSIONAL SERVICES means those services defined as professional services under state law applicable to municipal purchases or contracts, including but not limited to services provided by accountants, architects, artists, attorneys, auditors, construction managers, court reporters, doctors, engineers, interior designers, optometrists, real estate appraisers, registered nurses, land surveyors, scientists, and teachers.
(a) There is hereby created a division of the city manager's office to be known as the office of procurement services, the head of which shall be the director of procurement services who shall be appointed by the city manager and who shall be a person professionally competent by experience and training to manage the office. The office will be composed of the director of procurement services and such other assistants and employees as the city council may provide by ordinance upon recommendation of the city manager.
(b) The director of procurement services shall perform the following duties:
(1) Direct and administer the office of procurement services.
(2) Serve, or designate a person to serve, as the city purchasing agent.
(3) Except where otherwise directed in this code, supervise all purchases by the city, other than real property, in accordance with this article and state law.
(4) Sell personal property of the city not needed for public use.
(5) Keep accurate inventories of all property under the director's supervision.
(6) Maintain the store rooms and warehouses placed under the director's supervision.
(7) Perform such other duties as are assigned by the city manager. (Code 1941, Art. 27-1; Ord. Nos. 13104; 17157; 18094; 19312; 21674; 24243; 24410; 25047; 25819; 27697; 30654)
(a) Except as provided in this section, if the director determines that preparation of plans and specifications is necessary and practical for the purchase of goods, general services, or facility construction, the director shall require the preparation of the plans and specifications in cooperation with the department concerned. The plans and specifications must be approved by the director of the department concerned. If the plans and specifications are approved, the director shall keep a copy of the plans and specifications on file in the director's office and make the copy available for public inspection in accordance with the state law requirements governing the retention of records. The director may dispose of any plans and specifications that have been on file in the director's office in accordance with the state law requirements governing the disposal of records.
(a) Pursuant to Chapter XXII, Section 2(b) of the city charter, the city council shall, by ordinance, establish rules under which a contract may be let without city council approval. This section is established for that purpose. To the extent that this section, the city charter, or another provision of this code does not delegate approval authority for a particular contract, contract amendment, or other legal instrument, it is presumed that the contract, contract amendment, or other legal instrument must be approved by the city council.
(b) This section may not be construed to delegate authority to approve, without city council action, any contract, contract amendment, or other legal instrument that is required by state law to be approved by the city council.
(c) This section does not apply to:
(1) the city’s furnishing of ambulance service; water, wastewater, storm water drainage, or sanitation utility service; or any other similar municipal service to customers inside or outside of the city;
(2) a contract, contract amendment, or other legal instrument for which approval authority is separately delegated by the city charter or another section of this code; or
(3) the city’s grant of, or other action relating to, any license, franchise, permit, or other authorization pursuant to its regulatory powers.
(d) The city manager is authorized to approve the following by administrative action, without further city council action:
(1) A contract for the purchase of goods, general services, or facility construction, or for any other lawful municipal purpose not specifically described in this subsection, that requires a city expenditure not exceeding $100,000, except that no formal administrative action is required for the purchase of non-legal advertising placement (media buys).
(2) Except as provided in Paragraph (3), a change order to a contract required by state law to be procured through competitive bid, competitive sealed proposal, or an alternative delivery method that increases or decreases the contract price by $50,000 or less, provided that the original contract price may never be increased by more than 25 percent.
(3) A change order to a contract for facility construction (public works project) required by state law to be procured through competitive bid, competitive sealed proposal, or an alternative delivery method that increases or decreases the contract price by $100,000 or less, provided that the original contract price may never be increased by more than 25 percent.
(4) A contract for personal, professional, or planning services requiring a city expenditure not exceeding $100,000, except that no formal administrative action is required to execute a contract for real estate appraisal services requiring a city expenditure not exceeding $50,000.
(5) An amendment to a contract not required by state law to be procured through competitive bid, competitive sealed proposal, or an alternative delivery method, which amendment increases the contract price by $100,000 or less or causes any decrease in the contract price, except that approval of the city council is required on an amendment that increases the contract price by $100,000 or less if:
(A) the original contract price does not exceed $100,000 and the amendment increases the total contract price to an amount greater than $100,000; or
(B) the original contract price exceeds $100,000 and the amendment increases the original contract price by more than 25 percent.
(6) The exercise of a renewal option of a contract required by state law to be procured through competitive bid, competitive sealed proposal, or an alternative delivery method, if the city expenditure required during the renewal term does not exceed $100,000 or the renewal amount specified in the resolution approving the original contract.
(7) The exercise of a renewal option of a contract not required by state law to be procured through competitive bid or competitive sealed proposal, if the city expenditure required during the renewal term does not exceed $100,000 or the renewal amount specified in the resolution approving the original contract.
(8) A contract with an intergovernmental agency pursuant to Chapter 791 of the Texas Government Code, as amended, that generates less than $100,000 of revenue and does not require a city expenditure of upfront costs or other types of funding in excess of $100,000.
(e) All contracts, contract amendments, or other legal instruments (except purchase orders for supplies and equipment and change orders as described by Chapter XXII, Section 1 of the city charter) must be signed by the city manager and approved as to form by the city attorney. Purchase orders for supplies and equipment must be signed by the director. Subject to the restrictions provided by this code, the city charter, or state law, change orders may be approved by formal administrative action or may, as the city manager directs, be signed by the director of the department designated by the city manager to administer the contract that is the subject of the change.
(f) The city manager may delegate the 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 and the administration of contracting and change order processes.
(a) Except as otherwise provided by this section, all purchases of goods, general services, or facility construction under this section must be made by the director after giving reasonable opportunity for competition under procedures that are established by the director, with city manager approval, and that are consistent with the purpose of this section.
(b) If the city expenditure for the purchase of goods, general services, or facility construction exceeds $3,000, price quotations from not less than three independent vendors or contractors, if available, must be secured. If three independent vendors or contractors are not available, the director shall secure such price quotations as will, in the director's judgment, ensure that the city is purchasing the property or contracting for the best quality at the lowest possible cost. If the city expenditure for the purchase of goods, general services, or facility construction exceeds $3,000, the director shall follow the procedures for contacting disadvantaged businesses prescribed in Section 252.0215 of the Texas Local Government Code, as amended.
(c) The director may, with prior authorization by city council resolution, purchase goods, including high technology items, through a cooperative purchasing program established pursuant to Chapter 271, Subchapter D, F, or G, Texas Local Government Code, as amended, or through a cooperative purchasing program established by interlocal agreement pursuant to Chapter 791, Texas Government Code, as amended. Authorized participation in a cooperative purchasing program satisfies the requirements of this section.
(d) The city manager may establish procedures for purchasing goods, general services, or facility construction under this section through electronic means, including but not limited to the Internet, to the extent the procedures do not conflict with state law, the city charter, or other provisions of this code.
(e) A contract for facility construction that requires a city expenditure not exceeding $50,000 must provide that, in lieu of requiring performance and payment bonds, no money will be paid to the contractor for any work under the contract until the final completion and acceptance of the work by the city.
(f) The director may use a service order for minor services under $3,000, including mail and delivery services, repair, restoration, and remediation services necessary for a timely and efficient response to equipment failure or facility damage. (Ord. Nos. 12755; 13104; 14885; 15279; 16801; 17700; 17777; 18850; 19312; 20061; 22434; 24243; 25819; 28705; 30828)
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