PowerPoint Presentation (added 10/04/2024)*
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Updates to City Code Chapter 2, Article V, Division 2, Purchasing Procedures October 8, 2024 Presented by: Connie Schneider, Procurement Administrator Why are Changes Needed? 2 • Last comprehensive update occurred in 2001 • Keep up with inflation – $50,000 in 2001 now worth over $88,000 • Consistency with other cities • Recent Court challenges • Real estate authorities are missing or confusing 3 Council Approval Limits in Other Cities City/Town Population Spending Threshold Threshold Updated Phoenix 1,644,000 $250,000 2023 Mesa 496,401 $100,000 2023 Chandler 253,458 $100,000 2022 Scottsdale 249,950 $25,000/$50,000 2023 Glendale 246,709 $50,000 2001 Gilbert 242,354 $100,000 2016 Tempe 185,038 $100,000 2017 Peoria 168,101 $100,000 2017 Surprise 134,085 $50,000 2007 Avondale 84,025 $100,000 2006 Buckeye 68,453 $250,000 2022 Overview of Proposed Changes 4 • Scope (Sec 2-137) – Identifies contracts not subject to procurement rules • Definitions (Sec 2-138) – Adds definition of City real property, person and suspension • Materials Manager/Finance Director (Sec 2-139) name changed throughout Overview of Proposed Changes 5 • Formal Purchase Procedure (Sec 2-145) – Changes dollar threshold for formal procurement/ Council approval of contracts valued at $100,000 or more – Limits routine contracts for goods and services to 5- Year Term • Excludes Linking Agreements, legal services, construction and real property contracts • Gives Council discretion to grant longer term Overview of Proposed Changes 6 • Formal Purchase Procedure (Sec 2-145) – Bid protest procedure codified • Previously a City administrative policy only • Gives longer period to appeal (15 days after award or 7 days after discovery of facts for objection) • Provides for Hearing with defined procedure – Eliminates competitive bidding requirements for small purchases (less than $10,000 cost) Overview of Proposed Changes 7 • Cooperative Purchasing (Sec. 2-149) – Finance director can administratively amend Linking Agreement without going back to Council if underlying cooperative agreement is amended • Suspension and Debarment (Sec 2-152) – City’s current policy is codified • Change Orders (Sec 2-156) – City Manager’s approval authority increased to $100,000 Overview of Proposed Changes 8 • Construction Contracts (Sec 2-155) – Finance director delegates Title 34 procurements – Clarifies multiple City departments can use same professional services contractor/contract. – Also clarifies City departments cannot spend more than $500,000 a year in the aggregate on single professional services contract. – Caps individual job-order contracts at $1Million, consistent with state law. Overview of Proposed Changes 9 • Real Property Purchases (Sec. 2-166 – 2-170) – Distinguishes City’s right to sell real property and personal property and adopts rules for each type – Clarifies City can sell, lease or give right to occupy or use City real property without engaging in competitive bidding process – Clarifies Council has sole, unreviewable discretion to consider, take or reject all bids and offers for City real property – Clarifies PSA can vary from terms and criteria of RFP. Overview of Proposed Changes 10 • Personal Property (Sec. 2-171 and 2-173) – Allows Finance director to sell off surplus with an original value of less than $100,000 – Any sale of personal property with an original value of $100,000 or more requires Council approval. – Applies same rule/dollar limits to offers from third parties to purchases of surplus or obsolete personal property. Council Feedback and Questions?