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Home My WebLink About11-10-11-2d - Resolution - 11/10/2011RESOLUTION NO. 11 10' 11 2d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTING PROCUREMENT PROCEDURES TO BE USED BY COLLEGE STATION UTILITIES FOR EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of College Station, Texas, is a home -rule municipality; and WHEREAS, the City of College Station, Texas, owns an electric utility referred to hereinafter as College Station Utilities or CSU; and WHEREAS, Section 252.022(c) of the Texas Local Government Code exempts from the requirements of Chapter 252 expenditures by a municipally owned electric utility made in accordance with procurement procedures adopted by a resolution of its governing body that sets out the public purpose to be achieved by those procedures; and WHEREAS, the City Council of the City of College Station deems it to be in the best interest of the citizens of College Station to adopt by resolution procurement procedures applicable to CSU as provided in Section 252.022(c); and WHEREAS, the City Council of the City of College Station desires to establish procurement IL procedures for CSU to meet the public purposes of protecting and enhancing the ability of the City to provide reliable energy - related products and services on a competitive basis, continuing to provide, on a fair and equitable basis, a mechanism for acquiring materials and services at reasonable and competitive costs from suppliers, adding value to the City and its citizens, and managing and operating the City's electric systems on a sound and efficient business basis; and WHEREAS, the City Council of the City of College Station further finds that these procurement procedures will benefit the public purposes, the citizens of College Station, and the customers and ratepayers of CSU by providing for purchases to conform with applicable laws while assuring that procurements are both beneficial and cost effective for CSU and its customers and fair and equitable to suppliers; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby determines that all purchases by CSU of materials and services or any other items otherwise subject to the procurement provisions, including but not limited to Chapters 252 and 271 of the Texas Local Government Code and Chapter 2267 of the Texas Government Code shall hereafter be made in accordance with the procurement procedures as set out in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. PART 2: That the City Council hereby finds that the procurement procedures adopted hereunder will allow the City to efficiently obtain quality goods and services at a reasonable cost and, more specifically, to meet the public purposes of protecting and enhancing the ability of the City to provide reliable energy - related products and services on a competitive basis, continuing to provide, on a fair and equitable basis, a mechanism f( competitive costs from managing and operatir business basis. r acquiring materials and services at reasonable and suppliers, adding value to the City and its citizens, and the City's electric systems on a sound and efficient PART 3: That the City Council may supplement or amend the procurement procedures adopted herein from time to time as may be appropriate and desirable in order to continue to operate and manage the City's electric systems in a manner consistent with the purposes enumerated herein and in the interest of the City and its citizens. PART 4: If any provision of the procurement procedures adopted herein is declared invalid, the City Council resolves that the other provisions shall remain in full force and effect. PART 5: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of Wove Irr , A.D. 2011. ATTEST: \LZ-4 - I A,.k nleij� City Secreta APPROVED: City Attorney APPROVED: vc- MAYOR EXHIBIT "A" Procurement Policies & Procedures for CS Electric Utility Public Purpose The public purpose to be served by the CSU Procurement Procedures and Authority set forth herein shall be to obtain and maintain for the electric utility at all times a sufficient and uninterrupted supply of best quality materials and services at the lowest practicable cost for the benefit and best interests of the City of College Station and its citizens. Furthermore, these Procedures are intended to allow the City to protect and enhance its ability to provide reliable energy - related products and services on a competitive and financially sound basis by obtaining safe, reliable, and timely delivery of materials, equipment and supplies, and performance of services on a fair and equitable basis from all interested parties. These Procedures are adopted pursuant to the general exemption from competitive bidding or proposals provided for municipally owned electric utilities in Section 252.022 of the Texas Local Government Code. Scope of Procedures The City of College Station's Purchasing Procedures, as amended from time to time, as well as all other applicable state and federal laws including but not limited to Chapters 252 and 271 of the Texas Local Government Code and Chapter 2267 of the Texas Government Code apply to CSU procurement, except as specifically set forth otherwise in these Procedures. The City Manager or his designee may adopt additional processes and guidelines consistent with these Procedures to ensure the uniform and consistent application of these Procedures. CSU Purchasing If the City Manager determines it to be in the best interest of the City Policies and based upon the public purpose and authority recited above, the City Procedures Manager may approve and authorize one of the procurement methods listed below for the purchase of materials and services for CSU, such materials and services to include, but not be limited to, construction projects, software, electronic hardware and the procurement of insurance: ➢ Competitive Bidding; ➢ Best Value Bids; ➢ Competitive Sealed Proposals; ➢ Construction Manager Agent; ➢ Construction Manager at Risk; ➢ Job Order Contracting; or ➢ Design Build Page 1 of 3 Once the procurement method is determined by the City Manager, the procedures outlined in Chapters 252 and 271 of the Texas Local Government Code and Chapter 2267 of the Texas Government Code and as provided by all other applicable state and federal procurement laws shall apply. Award of a contract pursuant to one of these procurement methods must be made as required pursuant to the statute for such procurement method. Cooperative The Interlocal Cooperation Act, Chapter 791 of the Texas Purchases Government Code authorizes local governments to contract directly with other governments to increase their efficiency and effectiveness. As allowed by statutory provisions on participation in cooperation agreements, including Texas Local Government Code Chapter 271 Subchapter D, purchases of goods and services pursuant to this Act satisfy the requirement of CSU to solicit competitive bids or proposals. If the City Manager determines it to be in the best interest of the City, the City Manager may authorize the participation in a contract awarded by another local government as required under Chapter 252 of the Texas Local Government Code for purchases related to the electric utility. e xceptions to In addition to the general exemptions listed in Section 252.022 of Procedures the Texas Local Government Code and notwithstanding anything to the contrary herein, the City Manager may authorize the procurement of materials and services in a manner independent from any requirement of Chapter 252 and of these Procedures, to meet a compelling business reason under the circumstances and in the manner described in this sub -part. The following describes some of the conditions under which a finding of Compelling Business Reason may be deemed to be appropriate: ➢ The procurement is necessary to meet a critical need for materials or services necessary to restore or maintain the reliability or safety of the electric systems, or a major component or related business operation; ➢ The procurement is necessary to respond to fluctuating market conditions wherein potential delays in the normal and routine procurement process governed by these Procedures would adversely affect CSU's ability to obtain quality materials and /or services at a commercially reasonable price; ➢ The procurement is necessary to protect the competitive Page 2 of 3 j interests or position of CSU; ➢ The procurement is necessary to prevent or mitigate significant financial loss to the City due to inherent delays in the normal acquisition process; or ➢ The City seeks to enter into, renew, extend or modify a strategic alliance or partnership agreement entered to improve CSU's inventory control process or business efficiencies under such terms as may be provided in the alliance or partnership agreement. 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