HomeMy WebLinkAbout05846ORDINANCE NO. 5846
AN ORDINANCE ESTABLISHING CRITERIA AND
PROCEDURES FOR THE AWARD OF MANAGEMENT
AND CONCESSION CONTRACTS
WHEREAS, the City periodically enters into contracts with
third parties to manage or operate certain City facilities and
activities, and
WHEREAS, it would be in the best interest of the City and
its citizens for the City Council to establish criteria and procedures
with respect to the award of such contracts, NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council does hereby find and determine that the
purchase of services for the operation or management of City's
concessions or facilities including, without limitation, City Park
Golf Course and Restaurant, Walkingstick Golf Course and Restaurant,
Airport Restaurant, and concessions and facilities within City's
public parks and other buildings constitutes the purchase of
professional or technical services exempt from the competitive
bidding procedures and requirements of Section 7 -29 of the Charter
of the City.
SECTION 2.
No contract for the operation or management of any of City's
concessions or facilities shall be awarded except in compliance
with the following:
(a) The Director of Purchasing shall, on the basis of
requests for proposals prepared in consultation with the Director
of the Department concerned and approved by the City Manager,
solicit and receive proposals from qualified persons. The Director
of Purchasing and the Director of the Department concerned shall
open and analyze the proposals and present the proposals and their
analysis to the City Manager. The City Manager after consultation
with the Director of the concerned Department shall either (i)
recommend to the City Council approval of the proposal which he
determines to be in the best interests of the City, (ii) direct
that further negotiations be entered into with any or all of the
proposers, or (iii) reject all proposals and direct the Director of
Purchasing to obtain additional proposals.
(b) In determining which proposal is in the best interests
of the City, the City Manager shall consider: (i) the background,
qualifications and experience of the proposer, (ii) the financial
ability of the proposer to comply with and perform the contract,
(iii) proposer's past performance of obligations under contracts
with the City, and (iv) the proposal's economic or other benefits
to the City.
(c) Contracts shall not be for a term in excess of five
(5) years unless the City Council for cause, such as substantial
capital contribution required by the proposals, approves a contract
for a term of more than five (5) years.
(d) Contracts shall not be renewable nor contain any right
of first refusal. Upon the expiration of the initial term or
earlier termination of a contract, request for proposals for another
contract shall be obtained and awarded as set forth in (a) above.
(e) The City Council may by Resolution exempt the management
or operation of a specified City concession or facility from the
requirements of Section 2 of this Ordinance.
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SECTION 3.
This Ordinance shall become effective upon final passage.
INTRODUCED November 22 , 1993
By JOHN CALIFANO
Councilperson
APPROVED:
Pre si ent of t e City Council
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