Res 063-2009 4/21/2009 . �
RESOLUTION NO. ��
Resolution Authorizing The City Manager To Determine The Methods
Of Purchasing That Provides The Best Value For The Municipality
And Electing To Utilize The Methods Of Purchasing Authorized
Pursuant To Texas Local Government Code Chapters 252 And 277
WHEREAS, alternative methods of purchasing can result in better purchasing
value for governmental entities by allowing representatives of the City, architects,
engineers, and contractors to collaborate to eliminate unnecessarily expensive aspects
of improvements;
WHEREAS, Tex. Local Gov't Code § 252.021(c) provides that the governing
body of a municipality that is considering using a method other than competitive sealed
bidding must determine the method of purchase that provides the best value for the
municipality and further provides that "The governing body may delegate, as
appropriate, its authority under this subsection to a designated representative";
WHEREAS, these alternative methods of purchasing include:
(1) the reverse auction procedure, as defined by Tex. Local Gov't Code §
2155.062(d),
(2) competitive sealed proposals as described in Tex. Local Gov't Code §§
252.021 (high-tech) and 277.116 (buildings governed by building codes),
(3) design-build contracts for buildings as described in Tex. Local Gov't
Code § 271.119;
(4) construction manager contracts for buildings as described in Tex.
Local Gov't Code § 271.117 and 271.118; or
(5) job order contracts for the repair, rehabilitation, or alteration of
facilities, as described in Tex. Local Gov't Code § 271.120;
WHEREAS, such delegation is implicit in the City Manager system of
government and the delegation of authority to the City Manager in the City of Wichita
Falls City Charter and Code, but an express delegation of power is desired by the City
to ensure the validity of future performance and payment bonds; and
WHEREAS, the City Council will continue to be the final authority in the selection
of contractors and awarding of contracts, and this delegation of authority does not
increase the City Manager's contract authority.
�- �
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City hereby authorizes the use of alternative methods of purchasing as
authorized pursuant to Tex. Local Gov't Code §§ 252.021 and 277.112, and the City
Council elects to have Chapters 252 and 277 of the Local Government Code supercede
conflicting local regulations and charter provisions in accordance with the aforesaid
sections and Tex. Local Gov't Code § 252.002. The City Manager is authorized to
make the determination of inethod of purchase that provides the best value for the
municipality.
PASSED AND APPROVED this the 21st day of April, 2009.
<�
MAYOR
ATTEST:
.
i Clerk