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HomeMy WebLinkAboutbocc.ord.003.2007AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDING THE 2005 PITKIN COUNTY PROCUREMENT CODE Ordinance No. Q~.3 - 2007 RECITALS 1, The Board of County Commissioners adopted the 2005 Pitkin County Procurement Code (the "Code") by Ordinance 26-2005 The Code was amended in February 2006 by Ordinance 03-2006. 2. Staff has requested an amendment to the Code provisions to allow for the extensions of existing contracts when it is in the best interest of the County. 3. Section 3-104 Sole Source Procurement will be amended to add a new paragraph (2) to read as follows: (2) the County Manager determines that extension of an existing contract is in the best interests of the County due to one or more of the following circumstances: (a) an offer by the existing contractor to provide, in return for renewal of the existing contract, capital improvements that will provide a significant benefit to a County asset (b) a determination by the County Manager after investigating the prevailing market for the relevant Goods, Services, or Construction that re-bidding the contract would result in higher costs or lower returns to the County than those enjoyed under the existing contract. Any decision to extend a contract under this subsection (2) shall document the circumstances justifying the extension, and such documentation shall be treated as a public record pursuant to the Colorado Open Records Act. 4. The Board finds that the requested amendment is in the best interest of the citizens of Pitkin County. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners that Section 3-104 Sole Source Procurement of the 2005 Pitkin County Procurement Code is hereby repealed and reenacted as follows: 3-104 SOLE SOURCE PROCUREMENT A contract may be awarded for Goods, Services, or Construction without competition after: (1) the Procurement Officer determines in writing, with appropriate approval, that there is only one source for the required Goods, Services, or Construction; or OrdinanceDD 3 -2007 Page 2 (2) the County Manager determines that extension of an existing contract is in the best interests of the County due to one or more of the following circumstances: (a) an offer by the existing contractor to provide, in return for renewal of the existing contract, capital improvements that will provide a significant benefit to a County asset; (b) a determination by the County Manager after investigating the prevailing market for the relevant Goods, Services, or Construction that re-bidding the contract would result in higher costs or lower returns to the County than those enjoyed under the existing contract. Any decision to extend a contract under this subsection (2) shall document the circumstances justifying the extension, and such documentation shall be treated as a public record pursuant to the Colorado Open Records Act. INTRODUCED, READ AND ADOPTED ON ARCH 28, 2007 AND SET FOR CONFIRMATORY PUBLIC HEARING ON ~ L f , 2007. NOTICE OF CONFIRMATORY UBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON ~IR IL $~ , 2007. CONFIRMED AT A PUBLIC HEARING ON ~rR/L ~~ , 2007. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE ~"~'~ DAY OF 2007. r1a~. THIS EMERGENCY ORDINANCE IS EFFECTIVE MARCH 28, 2007. ATTEST: COUNTY MANAGER: ~ Hilary l tcher BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO ~.. . .. ~ __ Michael M. Owsley Chair Date: ~i APPROVED AS TO FORM: / > John M. E Co ager