(a) Except as otherwise 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 by the city manager. As used in this section, the term
CITY MANAGER shall also include assistant city manager.
(b) The city council hereby adopts and the city manager is authorized to implement:
(1) Use of the best value selection criteria for eligible transactions as authorized by state law;
(2) Use of electronic bid and proposal processing, provided that appropriate rules for procedure and security have been adopted and implemented;
(3) Use of the online reverse auction procedure where authorized and appropriate;
(4) Use of interlocal contracts with entities outside the State of Texas where authorized and advantageous to the city.
(c) Except as otherwise provided in this section, any contract or other legal instrument for the sale, purchase or lease of real property shall be approved by the city council prior to the execution or acceptance of the city manager. The following may be executed without city council approval:
(1) Leases that:
a. 1. Involve an annual city expenditure amount not exceeding $50,000; or
2. Involve the city as landlord; and
b. 1. Have a month-to-month term; or
2. Have a term not exceeding 31 days; and
(2) Licenses, except for those that involve use of public right of way for a period in excess of six months.
(d) Provided that sufficient funds have previously been appropriated by the city council, the city manager may execute the following without city council approval:
(1) Any contract or purchase order involving an expenditure of $100,000 or less of city funds, provided that the contract award otherwise complies with applicable state law;
(2) Any amendment or change order to a contract or purchase order involving an expenditure of $100,000 or less of city funds, except that the city manager may not execute any of the following without city council approval:
a. An amendment or change order that causes the total expenditure under the contract or purchase order to exceed $100,000 or any subsequent amendment or change order that causes the total expenditure under the contract or purchase order to exceed $100,000 since the last amendment approved by the City Council;
b. An amendment or change order to any non-public works contract or purchase order over $50,000 that is subject to the competitive procurement requirements under Tex. Local Government Code Chapter 252; or
c. An amendment or change order to any public works contract over $50,000 that is subject to the competitive procurement requirements under Tex. Local Government Code Chapter 252, and that was originally advertised before September 1, 2011.
(3) Any contract or other legal instrument for the lease, license or use of facilities at the Will Rogers Memorial Center;
(4) Any contract or other legal instrument for the lease, license or use of facilities at the Fort Worth Convention Center;
(5) The vacation of a water, sanitary sewer, public or quasi-public utility or drainage easement;
(6) Temporary and permanent easements granted to the city and valued at less than $100,000;
(7) Consent agreements for encroachments into public property which comply with the Building Code § 7-47 adopting, among other things, Chapter 3210 of the International Building Code; and provided further, that the city manager may authorize the building official and development services director to execute such agreements;
(8) Any contract for the purchase of electricity provided that:
a. The term of any such contract does not exceed 120 months; and
b. Sufficient funds have previously been appropriated by the city council for that purpose.
(9) Any contract for an emergency procurement. An EMERGENCY PROCUREMENT is defined as a procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the city's residents or to preserve the property of the municipality; a procurement necessary to preserve or protect the public health or safety of the city's residents; or a procurement necessary because of unforeseen damage to public machinery, equipment or other property, and is exempt from the competitive procurement requirements pursuant to Tex. Local Government Code Chapter 252, as amended; and
(10) Any contract or other legal instrument for the construction and/or maintenance of a stormwater management facility in accordance with all standards and ordinances then in force and effect.
(11) Any contract or other legal instrument necessary to provide public assistance from funds available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, as may be amended, or from funds available under the Consolidated Appropriations Act of 2021, as may be amended.
(e) Any contract for which the best value selection criteria are not authorized, that is submitted to competitive bids and is proposed to be awarded to a bidder other than the lowest bidder shall be approved by the city council before execution by the city manager.
(Ord. 20533-12-2012, § 1, passed 12-11-2012; Ord. 21284-06-2014, § 1, passed 6-10-2014; Ord. 22556-12-2016, § 1, passed 12-13-2016, eff. 1-1-2017; Ord. 23946-11-2019, § 1, passed 11-19-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 24166-04-2020, § 1, passed 4-29-2020; Ord. 24719-02-2021, § 1, passed 2-23-2021; Ord. 24830-05-2021, § 1, passed 5-11-2021)