TITLE 010

Article 010.060 Prohibited Gifts to City Officials
                                    010.060.010    Title
                                    010.060.020    Definitions
                                    010.060.030    Prohibited Gifts
                                    010.060.040    Enforcement

ARTICLE 010.010

Definitions and Rules of Construction

010.010.010 Definitions.

In the construction of the Municipal Code and of all ordinances and resolutions passed by the City Council, the following definitions shall apply unless such construction would be inconsistent with the manifest intent of the City Council and unless the context otherwise requires:

Building Official or Building Inspector means the Building Inspector of the City of Glenwood Springs or his/her assistants.

Charter, the Charter, this Charter or Municipal Charter means the Charter of the City of Glenwood Springs, Colorado as it exists at the time of the adoption of this Code or as it may be subsequently amended.

City, the City, this City or City means the City of Glenwood Springs, in the County of Garfield and State of Colorado.

City Clerk or Clerk means the City Clerk of the City of Glenwood Springs, Colorado or his/her duly appointed deputy.

City Manager, Manager means the City Manager of the City of Glenwood Springs or his/her designee.

Code, this Code or Municipal Code means the Municipal Code of the City of Glenwood Springs, Colorado, 1983 Edition, as designated in Section 010.020.010 and as it exists at the time of adoption or as it may be subsequently amended.

Council, this Council, the Council or City Council means the City Council of the City of Glenwood Springs, Colorado.

County, the County or this County means Garfield County, Colorado.

Legal holiday means New Year's Day, Presidents' Day, Memorial Day, Independence Day, Colorado Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.

Month means a calendar month.

Newspaper of general circulation means a newspaper printed at regular intervals, available by paid subscription to any resident of the City and generally available within the City limits with or without charge, possessing a diverse potential reader base measured by the geographic region of its circulation area, and containing news of a general character and interest to the community. (Ad 22-09 §2)

Oath shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

Official newspaper means a newspaper of general circulation in the City.

Planning and Zoning Commission, Zoning Commission or Planning and Zoning Commission means the Planning and Zoning Commission of the City of Glenwood Springs.

Preceding, following mean next before and next after, respectively.

Publication, published or publishing have the same meaning as publication, as defined in Section 13.17(c)(8) of the Municipal Charter.

Roadway means that portion of a street or alley improved, designed or ordinarily used for vehicular traffic.

Sidewalk means any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

State, the State or this State means the State of Colorado.

Street means any highway, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway in the City, dedicated or devoted to public use which shall exclude an alley.

Written or in writing includes any representation of words, letters or figures, whether by printing or otherwise.

Year means a calendar year.

(Code 1962 §§1.4, 21.1; Code 1971 §1-3)

010.010.020 Rules of construction.

(a) Catchlines of sections. The catchlines of the several Titles, Articles, sections, paragraphs and subparagraphs of this Code are intended as mere catchwords to indicate the contents of the same and shall not be deemed or taken to be titles of such sections, nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Code 1971 §1-4)

(b) Computation of time. In computing any period of time prescribed within this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half-holiday shall be considered as other days and not as a holiday. (Code 1971 §1-3)

(c) Gender. A word importing the one (1) gender only shall extend and be applied to such other gender as appropriate. (Code 1971 §1-3)

(d) Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise declared. (Code 1971 §1-3)

(e) Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular. (Code 1971 §1-3)

(f) Officers, boards, etc. Whenever reference is made to any officer, board or commission, the same shall be construed as if followed by the words "of the City of Glenwood Springs." (Code 1971 §1-3)

(g) Owner. The word owner, applied to a building or land, shall include any part owner, joint owner, tenant in common or joint tenant of the whole or of a part of such building or land. (Code 1971 §1-3)

(h) Person. The word person shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. (Code 1971 §1-3)

(i) Severability of Parts of Code. It is hereby declared to be the intention of the City Council that the titles, articles, sections, subsections, paragraphs, subparagraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, subparagraph, paragraph, subsection, section, article or title of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, subparagraphs, paragraphs, sections, articles and titles of this Code since the same would have been enacted by the City Council without the incorporation into this Code of any such unconstitutional phrase, clause, sentence, subparagraph, paragraph, subsection, section, article or title. (Code 1971 §1-9)

(j) Tense. Words used in the past or present tense include the future, as well as the past and present. (Code 1971 §1-3)

(Code 1971 §§1-3, 1-4, 1-9)

ARTICLE 010.020

In General

010.020.010 How Code designated and cited.

The ordinances embraced in this and the other titles and articles shall constitute and be designated as the Municipal Code of the City of Glenwood Spring, Colorado, 1983 Edition, and may be so cited or as the Glenwood Springs Municipal Code, 1983 Edition or as the Glenwood Springs Municipal Code. (Code 1971 §1-1)

010.020.020 Publication; used as evidence.

This Code is hereby ordered published in bound looseleaf form and copies thereof, duly certified by the City Clerk and the Mayor, shall be received without further proof as prima facie evidence of the provisions of this Code in all courts and administrative tribunals of this State. (Code 1971 §1-2)

010.020.030 Corporate seal.

The corporate seal shall consist of a circular plate and disc bearing the following inscription: The City of Glenwood Springs, Colorado in circular form and the word Seal across the center of the plate and within the circular inscription. (Code 1962 §2.3; Code 1971 §2-1)

010.020.040 Notice of claim against City.

Any person claiming to have suffered an injury by the City, or by an employee of the City while in the course of his/her employment for the City, shall file a written notice of such injury in accordance with the laws of this State as they exist now or as they may be amended from time to time. Nothing in this Section shall be deemed to be a waiver of sovereign immunity as it may exist at the time of the injury. (Code 1971 §1-17)

010.020.050 Amendments or additions to Code.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. When subsequent ordinances repeal any title, article, section or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances and shall be considered as part of this Code until such time as this Code and subsequent ordinances are adopted as a revision to this Code or as a new Code by the City Council. (Code 1971 §1-5)

010.020.060 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1) Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness; (Code 1971 §1-6)

(2) Any appropriation ordinance or ordinance providing for the levy of taxes, for an annual budget, or for the appointment of salaries, vacation, sick leave, holiday schedule, retirement plan or any other condition of employment for City officers and employees; (Code 1971 §1-6)

(3) Any ordinance authorizing the sale, purchase or lease of property by the City; (Code 1971 §1-6)

(4) Any ordinance annexing territory to the City or discontinuing territory as a part of the City; (Code 1971 §1-6)

(5) Any ordinance granting any franchise; (Code 1971 §1-6)

(6) Any ordinance creating or assessing any local or general improvement district; (Code 1971 §1-6)

(7) Any ordinance dedicating, accepting, naming, establishing, locating, relocating, opening, paving, widening or vacating any street or other public way in the City; or (Code 1971 §19-1)

(8) Any ordinance adopting or amending the zoning map of the City. (Code 1971 §1-6)

(Code 1971 §§1-6, 19-1)

010.020.070 Code does not affect prior offenses, contracts, etc.

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code. (Code 1971 §1-7)

Editor's Note: The effective date of this Code is June 1, 1984 at 12:01 a.m. See Ordinance 17-84 §5.

010.020.080 General penalty for violations of Code, continuing violations.

Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any provision of this Code by performing an act prohibited or declared to be unlawful by this Code or by failing to perform an act required by or otherwise made mandatory by this Code shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by incarceration not to exceed one (1) year or by both such fine and incarceration. Any person under eighteen (18) years of age convicted of violating any provision of this Code, except the provisions of the Model Traffic Code as adopted in Title 120, may be punished by a fine of not more than one thousand dollars ($1,000.00). Any person under the age of eighteen (18) years convicted of violating any provision of the Model Traffic Code as adopted in Title 120 may be punished by a fine of not more than one thousand dollars ($1,000.00) or by incarceration not to exceed one (1) year, or by both such fine and incarceration. Each person violating any provision of this Code shall be guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued or permitted by such person, and he/she shall be punished accordingly. (Code 1971 §1-8; A 46-83 §1)

010.020.081 Contempt of Court.

Any person eighteen (18) years of age or older found in contempt of court by failing to perform an act required by or otherwise made mandatory by this Code or the Municipal Court shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by incarceration not to exceed one (1) year or by both such fine and incarceration. Any person under eighteen (18) years of age found in contempt of court by failing to perform an act required by or otherwise mandatory by this Code or Municipal Court, may be punished by a fine of not more than one thousand dollars ($1,000.00) and juvenile detention not to exceed ten (10) days. (Ad 1-05, §2)

ARTICLE 010.030

Election Provisions

010.030.010 Voting wards.

The following shall be the boundaries for the voting wards for all municipal elections:

VOTING WARD 1:	All that area southerly and westerly of a line starting at the intersection of the westerly City Limits line southerly of the Colorado River, extended north, and the centerline of the Colorado River, then easterly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Grand Avenue (State Highway 82), then southerly along the centerline of Grand Avenue to the intersection of the centerlines of Grand Avenue and 14th Street, then westerly along the centerline of 14th Street to the centerline of Coach Don Miller Drive, then westerly and southerly along the centerline of Coach Don Miller Drive to the intersection of the centerline of Coach Don Miller Drive and the northerly line of the parcel of City owned land located at 1477 Riverside Drive (Kline Family LLC Parcel) extended easterly , then westerly along the northerly line of the parcel of City owned land located at 1477 Riverside Drive to the centerline of the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersections of the centerlines of the Roaring Fork River and 27th Street, then westerly along the centerline of 27th Street to the intersection of the centerlines of 27th Street and Midland Avenue, then southerly along the centerline of Midland Avenue to the intersection of the centerline of Midland Avenue and the southerly line, extended easterly, of the parcel of land platted as Riverview Terrace.
VOTING WARD 2:	All of that area northerly and westerly of a line starting at a point on the centerline of the Colorado River, said point being south of the western most point on the City Limits line northerly of the Colorado River, then easterly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Devereux Road, then northerly along the centerline of Devereux Road to the intersection of the centerlines of Devereux Road and State Highway 6, then westerly along the centerline of State Highway 6 to the intersection of the centerlines of State Highway 6 and Traver Trail, extended southerly, then northerly along the centerline of Traver Trail to the intersection of the centerlines of Traver Trail and Transfer Trail, extended southerly, then northerly along the centerline of Transfer Trail to the intersection of the centerline of Transfer Trail and the City Limits line located on the westerly line of Lot 2, Section 4, T.6 S., R. 89 W., 6th PM
VOTING WARD 3:	All that area northerly and easterly of a line starting at the intersection of the centerline of 14th Street, extended easterly, and the easterly City Limits line, then westerly along the centerline of 14th Street to the intersection of the centerlines of 14th Street and Grand Avenue (State Highway 82), then northerly along the centerline of Grand Avenue to the intersection of the centerlines of Grand Avenue and the Colorado River, then westerly along the centerline of the Colorado River to the intersection of the centerlines of the Colorado River and Devereux Road, then northerly along the centerline of Devereux Road to the intersection of the centerlines of Devereux Road and State Highway 6, then westerly along the centerline of State Highway 6 to the intersection of the centerlines of State Highway 6 and Traver Trail, extended southerly, then northerly along the centerline of Traver Trail to the intersection of the centerlines of Traver Trail and Transfer Trail, extended southerly, then northerly along the centerline of Transfer Trail to the intersection of the centerline of Transfer Trail and the City Limits line located on the westerly line of Lot 2, Section 4, T.6 S., R. 89 W., 6th PM
VOTING WARD 4:	All that area southerly and easterly of a line starting at the intersection of the centerline of 14th Street, extended easterly, and the easterly City Limits line, then westerly along the centerline of 14th Street to the centerline of Coach Don Miller Drive, then westerly and southerly along the centerline of Coach Don Miller Drive to the intersection of the centerline of Coach Don Miller Drive and the northerly line of the parcel of City owned land located at 1477 Riverside Drive (Kline Family LLC Parcel) extended easterly , then westerly along the northerly line of the parcel of City owned land located at 1477 Riverside Drive to the centerline of the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the easterly line of Rosebud Cemetery, extended south.
VOTING WARD 5:	All that area southerly and westerly of a line starting at the intersection of the centerline of Midland Avenue and the southerly line, extended easterly, of the parcel of land platted as Riverview Terrace, then northerly along the centerline of Midland Avenue to the intersection of the centerlines of Midland Avenue and 27th Street, then easterly along the centerline of 27th Street to the intersection of the centerlines of 27th Street and the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the easterly line of Rosebud Cemetery, extended south, then north along the extended easterly line of Rosebud Cemetery to the intersection of the extended easterly line of Rosebud Cemetery and the centerline of South Grand Avenue (County Road 154), then southerly along the centerline of South Grand Avenue and County Road 154 to the intersection of the centerline of County Road 154 and the southerly line of the Deerwalker Subdivision, extended north, then southerly along the southerly line of the Deerwalker Subdivision to the intersection of the southerly line of the Deerwalker Subdivision and the Roaring Fork River, then southerly along the centerline of the Roaring Fork River to the intersection of the centerline of the Roaring Fork River and the south line of Section 27, T.6 S., R. 89 W., 6th PM

(Code 1971 §1-19; R & Re 32-85 §1; A 45-88 §1; A 15-09 §2)

010.030.020 Write-in candidates, cancellation of election.

(a) No write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the City Clerk by the person whose name is written in at least twenty (20) days before the day of the election indicating that such person desires the office and is qualified to assume the duties of the office if elected.

(b) At any municipal election, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there is no more than one (1) candidate per office to be filled at such election, including filing affidavits of intent as potential write-in candidates, the City Clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and declare the candidates elected. Upon such declaration, the candidates shall be deemed elected. Notice of cancellation shall be published if possible, in order to inform the electors of the municipality, and notice of such cancellation shall be posted at each polling place and in no less than one (1) other public place.

(c) If offices are contested in some but not all of the wards of the City and there are no offices at large to be contested or other matters to be determined on a City-wide basis, the City Council may authorize the partial cancellation of the election within those wards where no matter is being contested according to the procedures set forth in Subsection (b) hereof.

(Code 1971 §1-19; R & Re 42-89 §1; A 24-91 §1)

ARTICLE 010.040

Finance

010.040.010 Approval of legal instruments.

(a) The City Council shall approve all unbudgeted legal instruments entered into by the City and all budgeted legal instruments involving the commitment or expenditure of funds in excess of ten thousand dollars ($10,000,00). Each such legal instrument shall be signed by the Mayor, attested by the City Clerk, approved as to substance by the City Manager and approved as to form by the City Attorney.

(b) The City Manager shall approve all budgeted legal instruments entered into by the City involving the commitment or expenditure of funds in the amount of ten thousand dollars ($10,000.00) or less. Each such legal instrument shall be signed by the City Manager, attested by the City Clerk, and approved as to form by the City Attorney.

(Code 1962 §7.3-7; Code 1971 §2-19; A 6-96 §1)

010.040.020 Contents and signing of warrants and checks.

All warrants or checks drawn upon the City must be signed by the Mayor and countersigned by the Director of Finance stating the particular fund or appropriation to which the same is chargeable and the person to whom payable. (Code 1962 §15.9; Code 1971 §2-30)

010.040.030 Accounts of utilities.

Accounts shall be kept for each public utility owned or operated by the City, distinct from other City accounts, and in such a manner as to show the true and complete financial result of such City ownership and operation, including all assets, liabilities, revenues and expenses. (Code 1962 §15.2; Code 1971 §2-32)

010.040.040 Requirements, limitations and procedures for issuance of refunding bonds.

(a) Except as hereinafter specifically provided to the contrary, bonded indebtedness and other bonded obligations of the City shall be refunded in accordance with the Constitution and laws of the State and the Municipal Charter, as the same now exist or as may, from time to time, be amended. General obligation bonds of the City may be refunded, and general obligation refunding bonds may be issued for the purpose, as provided in C.R.S. Title 31, Article 21, Part 2, as amended and as hereinafter modified.

(b) The separate requirements of determinations and certificates thereof required by Sections 31-21-202 and 31-12-205, C.R.S,. as amended, shall not be applicable to the issuance of refunding bonds of the City. The ordinance authorizing the refunding bonds shall include and constitute such determinations.

(c) No bonds may be refunded under the provisions of this Section unless the holders thereof voluntarily surrender said bonds for immediate exchange or immediate payment or unless said bonds either mature or are callable for redemption prior to their maturity under their terms within twenty (20) years from the date of issuance of the refunding bonds, and provisions shall be made for paying or redeeming and discharging all of the bonds refunded within said period of time. To the extent that the provisions of Section 31-21-211(8), C.R.S., as amended, or any other provision of otherwise applicable law, would require a shorter period or limit such refunding to bonds maturing or being redeemable within a shorter time, said provisions shall be inapplicable to the issuance and refunding of bonds by the City, and the provisions of this Subsection shall control and govern.

(d) Refunding bonds issued pursuant to this Section may be exchanged for bonds being refunded or shall be sold, in accordance with the provisions and requirements of Section 10.5 of the Charter.

(e) All actions heretofore taken by the officers and members of the City Council not inconsistent with the provisions of this Section relating to the authorization, sale, issuance and delivery of refunding bonds, be and the same are hereby ratified, approved and confirmed.

(f) All ordinances or parts thereof in conflict with this Section are hereby repealed, but this action shall in no way operate to revive any ordinance previously repealed.

(Code 1971 §2-4)

010.040.050 Contracts and expenses to be within appropriations.

No contract shall be made by the City Council and no expense shall be incurred by any officer or department of the City, whether the object of the expenditure shall have been ordered by the City Council or not, unless an appropriation shall have been previously made concerning such expense, except as otherwise provided in the Charter. (Code 1962 §15.7; Code 1971 §2-31)

010.040.060 General Fund contingencies.

The City Council shall maintain within the unappropriated General Fund balance a line item for General Fund contingencies, monies from which shall serve to defray the costs of unforeseen emergencies. Appropriations and disbursements from General Fund contingencies shall be made in accordance with Section 9.9 of the Charter, shall be authorized by ordinance and shall require affirmative approval of five (5) or more members of City Council. (Ad 10-86 §1)

010.040.070 Disposition of unclaimed property.

(a) Definitions. Unless otherwise required by context or use, words or terms as used in this Section shall be defined as follows:

City Manager means the City Manager of the City or his/her designated representative.

Owner means a person or entity, including corporation, partnership, association, governmental entity other than the City, or a duly authorized legal representative or successor in interest of the same, which owns unclaimed property held by the City.

Unclaimed property means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges or fees, that is held by or under the control of the City and which has not been claimed by its owner for a period of more than sixty (60) days after it became payable or distributable, after the City received the item for safekeeping, or after a case has been finally disposed, if the item is kept as evidence. Unclaimed property does not include abandoned motor vehicles. (Ad 11-92 §1; A 31-99 §1)

(b) Procedure.

(1) Prior to disposition of any unclaimed or abandoned property having an estimated value of fifty dollars ($50.00) or more, the City Manager shall send a written notice by certified mail to the owner. The last known address of the owner shall constitute adequate and reasonable notice. The notice shall include a description of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held by the City. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the City Manager with a written claim for the return of the property within thirty (30) days of the date of the notice, the property shall become the sole property of the City, and any claim of the owner to such property shall be deemed forever forfeited.

(2) Prior to the disposition of any unclaimed or abandoned property having an estimated value of less than fifty dollars ($50.00), or having no last known address of the owner, the City Manager shall cause a notice to be published in a newspaper of general circulation in the City. The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held by the City. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that, if the owner fails to provide the City Manager with a written claim for the return of the property within ten (10) days after the date of the publication of the notice, the property shall become the sole property of the and any claim of the owner to such property shall be deemed forfeited.

(3) If the City Manager receives a written claim within the ten-day claim period, the City Manager shall evaluate the claim and give written notice to the claimant within ten (10) days thereof whether the claim has been accepted or denied in whole or in part. The City Manager may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property.

(4) In the event that there is more than one (1) claimant for the same unclaimed or abandoned property, the City Manager may, in his/her sole discretion, resolve said claims himself/herself, or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action.

(5) In the event that all claims filed are denied, the unclaimed or abandoned property shall become the sole property of the City and any claim of ownership of the property shall be deemed forfeited.

(6) Any legal action filed challenging a decision of the City Manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the City Manager pursuant to the order of the court having jurisdiction over such claim.

(7) The City Manager is authorized to establish procedures for the administration and disposition of unclaimed or abandoned property consistent with this Section, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. (Ad 11-92 §1; A 31-99 §1)

(c) The City Manager shall direct the sale of unclaimed or abandoned personal property in such a manner as will, in his/her opinion, be in the best interests of the City. The sale shall be conducted as provided in Section 010.050.200. (Ad 11-92 §1; A 31-99 §1)

(d) If the City Manager determines, after investigation, that any property delivered under this Section has nominal commercial value, the City Manager may destroy or otherwise dispose of the property at any time. A written log shall be kept of all such property destroyed or otherwise disposed of and shall be of public record. No action or proceeding may be made against the City or any officer, or against the holder for or on account of any action taken by the City Manager pursuant to this Subsection. (A 31-99 §1)

(Ad 11-92 §1; A 31-99 §1)

ARTICLE 010.050

Procurement and Disposition of
Goods, Services and Construction

010.050.010 Purpose.

(a) The purpose of this Article is to provide for the fair and equitable treatment of all persons involved in public purchasing by the City, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity. In addition, this Article is to provide for a system of disposition of materials, equipment, vehicles and other tangible goods in a manner which promotes the best price available for such materials, equipment, vehicles and other tangible goods.

(b) The City Council adopts the provisions of this Article pursuant to Section 13.9 of the Municipal Charter.

010.050.020 Definitions.

As used in this Article, unless the context clearly implies a contrary meaning, the following definitions shall apply:

Architect-engineer and land surveying services means those professional services within the scope of the practice of architecture, professional engineering or land surveying, as defined by the laws of the State.

Brand name or equal specification means a specification limited to one (1) or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet City requirements and which provides for the submission of equivalent products.

Brand name specification means a specification limited to one (1) or more items by manufacturers' names or catalogue numbers.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.

Change order means a written order signed and issued by the City directing the contractor to make changes which the "Changes" clause of the contract authorizes the City to make.

Construction means the process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property.

Contract means all types of City agreements, regardless of what they may be called, for the procurement of supplies, services or construction.

Contractor means any person having a contract with the City or a using agency thereof.

Cost analysis means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed.

Cost data means factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this Article and a fee or profit, if any.

Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids or requests for proposals.

Price analysis means the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

Pricing data means factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.

Procurement means the buying, purchasing, renting, leasing or otherwise acquiring of any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply or service including description of requirements, selection and solicitation of sources and preparation and award of contract.

Qualified products list means an approved list of supplies, services or construction items described by model or catalogue numbers which, prior to competitive solicitation, the City has determined will meet the applicable specification requirements.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.

Responsive bidder means a business that has submitted a bid which conforms in all material respects to the requirements set forth in this Article and in the invitation for bids. (A 19-02 §1)

Specification means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.

Supplies means all personal property, including, but not limited to, materials, equipment, vehicles and other tangible goods.

Using agency means any department of the City requiring supplies, services or construction procured pursuant to this Article.

(A 19-02 §1)

010.050.030 City Manager responsible for procurement and disposition of supplies.

(a) Responsibility for procurement. Except as may be provided in the Municipal Charter, the City Manager shall:

(1) Procure or supervise the procurement of all supplies, services and construction needed by the City;

(2) Exercise supervision over the City's central stores and over all inventories of supplies belonging to the City;

(3) Sell, trade or otherwise dispose of surplus or obsolete supplies belonging to the City; and

(4) Establish and maintain programs for specifications development, contract administration and inspection and acceptance in cooperation with the using agencies who use the supplies, services and construction.

(b) Operational procedures. The City Manager may adopt operational procedures relating to the execution of his/her duties pursuant to this Section.

(c) Approval Amount. All procurements subject to the terms of this chapter in excess of twenty-five thousand dollars ($25,000.00) shall be approved by the City Council by motion, ordinance or resolution. (Ad 29-03 §1)

010.050.040 Qualifications for persons submitting competitive bids or proposals, suspension.

(a) Persons who may submit bids. Any person who meets the requirements of this Section shall be allowed to submit competitive bids or proposals or shall be allowed to provide professional services to the City in accordance with the provisions of this Article.

(b) Pre-qualification. The City Manager shall have the discretion to determine when it is in the City's best interest to pre-qualify persons prior to the submittal of competitive bids on proposals or professional contracts. A person who, in the sole discretion of the City Manager, has the capability in all respects to fully perform contract requirements and possesses tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good faith performance, shall be deemed to be a responsible bidder or offeror and shall be qualified to bid. Persons pre-qualified according to this set of criteria shall be allowed to submit competitive bids. The pre-qualification criteria shall be made part of the contract file and shall be included in any public notice of request for proposals or invitations for bid. In no event shall a bid be received from any person who has not satisfied the pre-qualification criteria set forth herein. The City Manager shall establish the timing for pre-qualification on an individual project basis. (A 8-93 §1)

(c) Determination of nonresponsibility. If a bidder or offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility, setting forth the basis of the finding, shall be prepared by the City Manager. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror. A copy of the determination shall be sent promptly to the nonresponsible bidder or offeror. The final determination shall be made part of the contract file and be made a public record.

(d) Right of nondisclosure. Information furnished by a bidder or offeror pursuant to this Section shall not be disclosed by the City to non-City personnel without prior written consent by the bidder or offeror.

(e) Authority to debar or suspend. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the City Manager, after the approval of the City Council, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three (3) years. After the approval of the City Council, the City Manager is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three (3) months. The causes for disbarment include:

(1) Conviction of commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;

(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a City contractor;

(3) Conviction under state or federal antitrust statutes arising out or the submission of bids or proposals;

(4) Violation of contract provisions, as set forth below, of a character which is regarded by the City Manger to be so serious as to justify debarment action:

a. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; and

(5) Any other cause the City Manager determines to be so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this Section.

(f) Decision to debar or suspend. After approval of a debarment or suspension by City Council, the City Manager shall issue a written order to debar or suspend, which order shall be immediately mailed by first class mail, or personally delivered to the debarred or suspended person. The order shall state the reasons for the action taken.

(A 8-93 §1)

010.050.050 Bid security, performance bonds and errors and omissions or professional liability coverage.

(a) Bid security for construction contracts.

(1) Requirement for bid security. Bid security shall be required for all competitive sealed bidding for construction contracts. Bid security shall be a bond provided by a surety company authorized to do business in the State, certified check, cashier's check or the equivalent in cash. (A 19-02 §2)

(2) Amount of bid security. Bid security shall be in an amount as set forth in the invitation for bids.

(3) Rejection of bids for noncompliance with bid security requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected. (A 19-02 §2)

(4) Withdrawal of bids. If a bidder is permitted to withdraw its bid before award as allowed in accordance with the provisions of this Article, no action shall be made by the City against the bidder or bid security.

(b) Performance and payment bonds for construction contracts.

(1) When required, amounts. Unless the invitation for bids for a construction contract specifically omits the requirement for a performance bond, a payment bond or both, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract:

a. A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the contract; and

b. A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the contract.

(2) Reduction of bond amounts. The City Manager may reduce the amount of performance or payment bonds or both when he/she makes a determination that such reduction is in the best interests of the City and City Council approves such reduction. In the event of such reduction, the amount of the performance or payment bonds, or both, shall be set forth in the invitation for bids.

(c) Authority to require additional bonds. Nothing in this Section shall limit the right of the City to require additional bonds so long as the requirement for additional bonds is set forth in the invitation for bids.

(d) Bid and performance bonds on supply or professional service contracts. Bid and performance bonds or other security may be requested for supply contracts or professional services contracts as the City Manager deems advisable to protect the City's interests. Any such bonding requirements shall be set forth in the invitation for bids or request for proposals. Bid or performance bonds shall not be used as a substitute for a determination of a bidder or offeror's responsibility.

(e) Copies of bond forms. Any person may request and obtain from the City a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution and delivery of the original.

(f) Errors and omissions or professional liability coverage. Any person performing consultant services, including but not limited to architectural, engineering, land surveying and soil testing services, for any construction project for the City shall provide to the City, prior to the commencement of any work, satisfactory evidence of errors and omissions and/or professional liability coverage in an amount equal to the estimated total cost of construction of the project. The failure of the City to demand and/or receive such proof of errors and omissions or professional liability coverage shall not be deemed to be a waiver by the City for such coverage and the City may, during the course of the contractual relationship, require such consultant to provide satisfactory evidence of such errors and omissions or professional liability coverage. (Ad 33-84 §2; A 19-02 §2)

(Ad 33-84 §2; A 19-02 §2)

010.050.060 Specifications.

(a) Maximum practicable competition. All specifications shall be drafted so as to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs and shall not be unduly restrictive. The policy enunciated in this Section applies to all specifications including, but not limited to, those prepared for the City by architects, engineers, designers and draftsmen.

(b) Brand name or equal specification.

1. Use. Brand name or equal specifications may be used when the City Manager determines in writing that:

a. No other design or performance specification or qualified products list is available; or

b. Time does not permit the preparation of another form of purchase description not including a brand name specification; or

c. The nature of the product or the nature of the City's requirements makes use of a brand name or equal specification suitable for the procurement; or

d. Use of a brand name or equal specification is in the City's best interests.

(2) Designation of several brand names. Brand name or equal specifications shall seek to designate as many different brands as are practicable as "or equal" references; and shall further state that substantially equivalent products to those designated will be considered for award so long as, prior to the submittal of a bid, the "or equal" has been approved in accordance with the invitation for bids.

(3) Required characteristics. Unless the City Manager determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional or performance characteristics which are required.

(4) Nonrestrictive use of brand name or equal specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

010.050.070 Notice to bidders.

When public notice of the invitation for bids is required, the City Manager will cause notice of the proposal for bids for contracts with the City to be published in a newspaper published in the City for not less than two (2) publications. The last publication shall not be more than fifteen (15) days nor less than five (5) days prior to the date set for the opening of bids. Such notice may also be published in any other publication of limited circulation or trade journal designated by the City Manager. The City Manager may also mail copies of such notice to a reasonable number of persons or firms who could reasonably be expected to make a bid. The notice to bidders shall describe the subject of the bids and the place where the specifications, conditions and terms of the proposed contract may be obtained or examined, the time when and the place where bids shall be received and the time and place of the opening of bids. The notice to bidders shall also state that the City reserves the right to reject any and all bids. (Code 1971 §§2-44, 2-45; A 7-04 §1)

010.050.080 Local preference.

(a) Legislative intent. It is the intention of the City Council whenever possible to use, without significant additional cost to the taxpayers, local businesses for construction services or procurement of goods and supplies (excluding sole source procurement [010.050.110], emergency procurements [010.050.120], small purchase procurement [010.050.130], used supplies procurement [010.050.140] or professional service procurement [010.050.150]) in those instances when awarding contracts in the amount of twenty-five thousand dollars ($25,000.00) or more, pursuant to competitive procurement (010.050.090), with City funds. The City Council intends to give local businesses an advantage in the bidding process so that monies received from such contracts will be spent by the employees of local businesses in the local economy. Local business preference may be used as one (1) factor in determining the award of a bid over twenty-five thousand dollars ($25,000.00). (Ad 29-03 §1)

(b) Definition of local business.

(1) When applied to construction contracts and the procurement of construction equipment and other oversized vehicles, such as street cleaners, dump trucks and similar vehicles, local business shall mean a business which meets all of the following criteria:

a. The business must be located and primarily doing business in Garfield, Eagle, or Pitkin County. In the event the business is incorporated, it must be incorporated in Colorado. The business must have its main or principal office located within this three-county area. (A 19-02 §3)

b. At least seventy-five percent (75%) of its project/job site work force must reside within the three-county area and, when subcontract work is involved, at least seventy-five percent (75%) of this aggregate contract amount must be completed by the local business and subcontractors who meet the local business criteria of having seventy-five percent (75%) of its project/job site work force residing in this three-county area. (A 19-02 §3)

c. The business shall have at least seventy-five percent (75%) of its business vehicles or its subcontractor business vehicles on the project/job site registered in Garfield, Pitkin, and Eagle Counties. (A 19-02 §3)

d. For any business located outside the corporate limits of the City, but within the tri-county area described hereinabove, the municipality or county in which the business is located must provide the same or similar local business preference to any business located in the City and bidding upon a project to be awarded by that municipality or county. (A 14-98 §1; Ad 19-02 §3)

(2) When applied to procurement of goods, supplies and vehicles, other than those described in Subsection 1 hereinabove, local business shall mean a business that is located and primarily doing business in the corporate limits of the City. In the event the business is incorporated, it must be incorporated in Colorado. (A 14-98 §1; A 19-02 §3)

(c) Designation as a local business. Prior to submitting a bid, any business wishing to obtain the local business designation shall apply for such designation by submitting sufficient written documentation to the City Manager which supports a request for such designation. The owner of the business seeking designation as a local business shall submit a signed, sworn affidavit affirming the truthfulness of all information supplied to the City with the application for local business designation. The City Manager may grant a local business designation to a business if such business has satisfied the criteria set forth in Subsection (b). In the event the City Manager refuses to grant a local business designation upon request, such business may appeal the decision in writing to the City Council. A decision by a majority of the City Council present shall be made at the time of the award of the contract for which the appeal is made.

(d) Local preference. In the event that a determination is made that a submitted bid is from a responsible and responsive bidder and that the business submitting the bid meets all criteria for local preference, such business shall be awarded the contract if its bid is within five percent (5%) of, but, in any event no more than ten thousand dollars ($10,000.00) higher than, the lowest responsible bidder which does not have the local business designation for contracts over twenty-five thousand dollars ($25,000.00). In the event the two (2) lowest responsible and responsive bidders each have the local business designation, the lowest responsible bidder shall be awarded the contract. (A 19-02 §3; A 7-04 §1)

(e) Notice. Every invitation for bids shall contain notification of this Section setting forth this local business preference and shall require a bidder to submit, at a time to be specified, the manner in which, if at all, such business qualified to meet this local business preference policy. However, if an invitation for bids results in the rejection of all bidders and no local bidders submitted bids, the local business preference shall not apply to any re-invitation for bids on the same project or procurement. (A 14-98 §1)

(f) Timing. In no event shall a business be qualified to have the local business designation applied on a bid unless such designation has been given in writing prior to the award of bid.

(g) Challenge. In the event any person wishes to challenge the local business designation of a business which has received such designation, such challenge shall be submitted in writing to the City Manager. The written documentation supporting such challenge must set forth, with specificity, the reasons supporting the allegation that the business should not continue to receive the local business designation. The City Manager, at his/her discretion, shall investigate such allegations and may seek the imposition of the remedies set forth in this Section.

(h) Civil penalty. In the event a business has been given the local business preference designation and the City Manager determines that such designation is erroneous, such business shall be penalized in the same monetary amount as the local business preference advantage which was applied to the bid from such business when it was awarded the contract. In addition, such business shall be subject to debarment for a period of three (3) years in accordance with the provisions of Section 010.050.040.

(i) False affidavit. It shall be unlawful for any person to make a false statement in the affidavit or to provide false information supporting application for the local business preference.

(j) Violations. In addition to the other remedies provided in Subsection (h) (Civil Penalty), any person violating Subsection (i) (False Affidavit) shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080 in the Municipal Court. Violations of any provision of Section 010.050.080 shall be deemed to be a strict liability offense as defined in Subsection 120.020.010. Culpable mental state is not required with respect to any material element of a violation of this Subsection.

(R 23-84 §1; R & Re 2-94 §1; A 14-98 §1; A, Ad 19-02 §3)

010.050.090 Competitive bidding.

(a) Conditions for use. Where required by the Charter or deemed desirable by the City Manager or the City Council, contracts of the City shall be awarded by competitive bid in accordance with this Section; or, if determined appropriate by the City Manager, with the approval of City Council, by competitive proposal in accordance with Section 010.050.100, sole source procurement in accordance with Section 010.050.110, emergency procurement in accordance with Section 010.050.120, or used supplies procurement in accordance with Section 010.050.140.

(b) Invitation for bids. An invitation for bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement.

(c) Public notice. Public notice of the invitation for bids shall be given in accordance with the provisions of Section 010.050.070.

(d) Bid opening. Bids shall be opened publicly in the presence of one (1) or more witnesses at the time and place designated in the invitation for bids or as soon thereafter as is practicable. The amount of each bid, and such other relevant information as the purchasing agent deems appropriate, together with the name of each bidder, shall be recorded. The record and bid shall be open to public inspection. (Code 1971 §2-46)

(e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction except as authorized in this Article. Bids shall be evaluated based on the requirements set forth in this Article and in the invitation for bids. (Code 1971 §2-47; A 19-02 §4)

(f) Correction or withdrawal of bids; cancellation of awards. Correction or withdrawal of inadvertently erroneous bids is allowed before bid opening. Return of bids or cancellation of awards or contracts after bid opening based on bid mistakes, except those described hereinbelow, are permitted where deemed appropriate by the City Manager. Notice of such return of bids or cancellation of awards or contracts shall be given to City Council at its next regularly scheduled meeting. Mistakes discovered by the bidder before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, no mistakes may be corrected, except minor corrections of a clerical or mathematical nature that are readily apparent to the City and do not result in a change of the overall bid price. (Code 1971 §2-48; A 19-02 §4)

(g) Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in this Article and in the invitation for bids; however, the City reserves the right to reject any and all bids if such rejection is deemed appropriate by City Council. (A 19-02 §4)

(h) Sole bids. In the event the City receives no (0) or one (1) bid on any construction project or equipment purchase and that project or purchase is not necessary to remedy an emergency related to the health, safety and welfare of the citizens of the City, that bid, if any, shall not be opened at the publicized bid opening and shall be returned immediately to the bidder. The City shall subsequently re-advertise the invitation for bids for the respective project or equipment. Should the second invitation result in only one (1) bid being received by the City, that bid shall be opened and presented to City Council for action thereon. If a project or equipment is necessary to remedy an emergency related to the health, safety and welfare of the citizens, the bid shall be opened and presented to City Council for action. Such emergency shall be identified and found applicable to the respective bid by resolution of the City Council. (Ad 38-01 §1; A 13-07 §1)

(Code 1971 §§2-43, 2-46—2-48; Ad 38-01 §1; A 19-02 §4; A 13-07§1)

010.050.100 Competitive proposal.

(a) Conditions for use. When the City Council, after recommendation by the City Manager, determines in writing that the use of competitive sealed bidding is not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method. Such determination by Council shall be in the form of a resolution which shall be made a part of the contract file. The words practicable and advantageous are to be given ordinary dictionary meanings. In general, practicable denotes a situation which justifies a determination that a given factual result can occur. A typical determination would be whether or not there is sufficient time or information to prepare a specification suitable for competitive sealed bidding. Advantageous connotes a judgmental assessment of what is in the City's best interests. Illustrations include determining:

(1) Whether or not to utilize a fixed-price or cost-type contract under the circumstances;

(2) Whether quality, availability or capability is overriding in relation to price in procurements of research and development, technical supplies or services;

(3) Whether the initial installation needs to be evaluated, together with subsequent maintenance and service capabilities, and what priority should be given these requirements in the best interests of the City; or

(4) Whether the marketplace will respond better to a solicitation permitting not only a range of alternative proposals but evaluation and discussion of them before making the award.

What is practicable, that is possible, may not necessarily be beneficial to the City. Consequently, both terms are used in this Section to avoid a possibly restrictive interpretation of the authority to use competitive sealed proposals.

(b) Request for proposals. Proposals shall be solicited through a request for proposals.

(c) Public notice. Public notice of the request for proposals shall be given in accordance with the provisions of Section 010.050.070.

(d) Receipt of proposals. No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.

(e) Evaluation factors. The request for proposals shall state the relative importance of price and other evaluation factors.

(f) Discussion with responsible offerors and revisions to proposals. As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identify of competing offerors or of any information derived from proposals submitted by competing offerors.

(g) Award. Award shall be made to the responsible offeror whose proposal is determined by resolution of City Council to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the resolution which shall include the basis on which the award is made.

010.050.110 Sole source procurement.

Upon recommendation of the City Manager made after conducting a good faith review of available sources, City Council may by resolution award a contract without competition, which resolution shall contain findings that there is only one (1) source for the required supply, service or construction item. The City Manager shall conduct negotiations, as appropriate, as to price, delivery and terms which shall be included in the resolution of Council. A record of sole source procurements shall be maintained as a public record and shall list each contractor's name, the amount and type of each contract, a listing of the item procured under each contract and the identification number, if any, of each contract file.

010.050.120 Emergency procurements.

Notwithstanding any other provisions of this Article, the City Council may authorize the City Manager to make emergency procurements of supplies, services or construction items when there exists a threat to public health, welfare or safety, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. As soon as practicable, a resolution of City Council setting forth the determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the item procured under the contract and the identification number, if any, of the contract file.

010.050.130 Small purchase requirements.

When competitive bidding is not required by the Charter, the City Manager is authorized to purchase supplies, services or construction items. Where practicable and deemed in the best interests of the City, the City Manager shall solicit quotations from businesses and the purchase shall be made from the business submitting the lowest quotation. The names of businesses submitting quotations and the date and the amount of each quotation shall be recorded and maintained as a public record. Nothing in this Section shall authorize the artificial division of contract requirements so as to constitute a small purchase.

010.050.140 Used supplies procurement.

Upon recommendation of the City Manager made after conducting a good faith review of available sources, City Council may by resolution authorize the purchase of used equipment without competitive bidding. Such used equipment shall be purchased if, based upon its purchase cost and life costs, such procurement would be to the best advantage of the City. The City Manager shall conduct negotiations, as appropriate, as to price, delivery and terms which shall be included in the resolution of Council. A record of used supplies procurements shall be maintained as a public record and shall list each supply procured and the identification number, if any, of each contract file.

010.050.150 Professional service procurement.

(a) Authority. For the purpose of procuring the services of architect, engineering, land surveying or other professional services, the City Manager may, but need not, utilize the following selection procedure.

(b) Selection procedure.

(1) Policy. It is the policy of the City to publicly announce all requirements for architect, engineering, land surveying or other professional services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architect, engineering and land surveying services, the City Manager shall request firms to submit a statement of qualifications and performance data.

(2) Statement of qualifications. Persons engaged in providing the designated types of professional services may submit statements of qualifications and expressions of interest in providing such professional services. The City Manager may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.

(3) Public announcement and form of request for proposals. Public notice of the request for proposals shall be given in accordance with the provisions of Section 010.050.070. The request for proposals shall describe the services required, list the types of information and data required of each offeror and state the relative importance of particular qualifications.

(4) Discussions. The City Manager may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

(5) Award. Award shall be made to the offeror determined in writing by the City Manager to be best qualified based on the evaluation factors set forth in the request for proposals and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one (1) or more other offerors determined to be qualified, negotiations may be conducted with such other offerors in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable.

010.050.160 Cancellation of invitations for bids or requests for proposals.

An invitation for bids, a request for proposals or other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part when it is for good cause and in the best interests of the City. The reasons therefor shall be made part of the contract file. Each solicitation issued by the City shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interests of the City. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar items.

010.050.170 Bid protests.

(a) Right to protest. Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may file a protest as follows:

(1) Prior to bid opening. If the course of the protest is known or should have been known to the aggrieved person prior to the opening of bids, such protest must be presented, if at all, to the City Manager as soon as it becomes known or should have become known but no later than the close of business on the day prior to the bid opening.

(2) After bid opening. If the cause of the protest is known or should have been known to the aggrieved person after the bid opening, such protest must be presented, if at all, to the City Council within two (2) business days after the bid opening but, in no event, later than the bid award.

(b) Form of protest. The bid protest shall be in writing and specify the exact grounds for the protest. Any grounds not set forth in the written protest shall be waived.

(1) By the City Manager. Bid protests made to the City Manager shall be decided by the City Manager as soon as is practicable after receipt of the protest but, in any event, no later than one (1) hour prior to the bid opening. Such decision shall be in writing. In the event the decision is such and so substantial that other bidders or prospective bidders may desire to modify their bid proposals, the City Manager shall give notice of such decision to all bidders and prospective bidders of such decision. If insufficient time remains prior to the bid opening for bidders and prospective bidders to modify their bid proposals, then the City Manager at the place and time for bid opening can announce a reasonable continuance of the bid opening. No further public notice will be required except that all bidders who have submitted proposals as of the original time for bid opening and who are not present at the bid opening shall be given prompt written notice of the continuance of the bid opening and the reason for such continuance.

(2) By the City Council. Any person aggrieved by the decision of the City Manager may appeal his/her decision to the City Council, which appeal shall be decided, if practicable, prior to bid opening or, if not practicable, then prior to the award of bids. If the City Manager determines it to be in the best interests of the City when an appeal is made of his/her decision pursuant to this Paragraph, he/she may continue the bid opening in accordance with the provisions of this Subsection. If a bid protest is made to Council pursuant to Paragraph 010.060.160(a)(1), Council shall make a determination of the protest prior to bid award. If Council determines that the bid protest is appropriate, it may, but need not, determine to rebid the contract. The decision of Council shall be final from which an appeal to Court in accordance with the laws of the State, may be taken. Such appeal must be filed within ten (10) days of Council's decision or it shall be waived.

(d) Waiver. The failure of an aggrieved person to make a bid protest or an appeal of the same in accordance with the terms of this Section shall be deemed to be a waiver of such protest.

(e) Definition of certain terms. For purposes of this Section, the terms bid opening and bid award shall apply to Sections 010.050.090 to 010.050.120, inclusive, and similar terms used in those Sections.

010.050.180 Change orders.

Every contract modification, change order or contract price adjustment for contracts issued pursuant to this Article, which results in a cumulative increase of ten percent (10%) or more of the total contract price, must first receive the approval of City Council before becoming effective. (A 15-93 §1)

010.050.190 Cost-reimbursement contracts.

Cost-reimbursement contracts, except where specifically authorized by Council and set forth in the terms of the contract, are prohibited. Any claims based upon cost-reimbursement shall be denied unless made in accordance with a cost-reimbursement contract.

010.050.200 Disposition of surplus and obsolete materials, supplies and equipment owned by City.

(a) Declaration as surplus or obsolete. All materials, supplies or equipment owned by the City and of value of twenty-five thousand dollars ($25,000.00) or more may be declared surplus or obsolete by the City Council and sold as hereinafter provided. All materials, supplies or equipment owned by the City and of a value of less than twenty-five thousand dollars ($25,000.00) may be declared surplus or obsolete by the City Manager and sold as hereinafter provided. (A29-03 §1)

(b) Method of sale. After materials, supplies or equipment has been declared to be surplus or obsolete, they shall be sold in accordance with one or more of the following methods.

(1) By sealed bid. The sale of surplus or obsolete supplies, materials or equipment may be conducted by the City Manager after first having advertised them for sale in the official newspaper of the City and having delivered notice thereof to such persons or entities as he/she deems necessary to adequately reach all prospective buyers who may be interested in bidding thereon. All bids shall be sealed and shall be opened in public at a designated time and place. The City Manager may reject all bids and advertise and give notice again. He/she shall sell, if at all, such supplies, materials or equipment to the highest responsible bidder for cash. Following each such sale, he/she shall make a written report thereof to the City Council.

(2) By auction. After giving notice as described in paragraph 010.050.200(b)(1), the City Manager may conduct a public auction for the sale of surplus or obsolete supplies, materials or equipment,

(3) By private sale. When the City Manager determines it to be in the best interests of the City to maximize the price to be received from the sale of surplus or obsolete supplies, materials or equipment, he/she shall recommend such private sale to City Council which shall, if Council determines a private sale to be in the best interests of the City, approve the private sale by resolution.

(4) For materials, supplies or equipment declared surplus by the City Manager, the City Manager or his designee, may dispose of such materials, supplies or equipment in accordance with such policies and procedures as the City Manager may adopt from time to time. Such policies and procedures shall emphasize the reuse of such materials, supplies or equipment regardless of the manner of disposal. (Ad 12-05 §1)

(Code 1971 §2-33)

(Cross reference: §110.010.040)

This Article shall be known and cited as the Glenwood Springs Prohibited Gifts Code.

For purposes of this Article, unless the context clearly implies a contrary meaning, the following definitions shall apply:

Board and commission member means any person duly appointed by the council to any board or commission of the city as authorized in City Charter Article VII and as established in Municipal Code Title 020.

City official means a Councilmember, an Employee or a Board and commission member.

Employee means each compensated person in the service of the city who is designated as an employee in the city’s personnel rules and regulations, but shall not include any person providing services for the city who is considered for federal income tax purposes to be an independent contractor.

Gift means the transfer of a thing of value from one person to another without receiving in return, from the other person, lawful compensation or consideration of equal or greater value.

Person means any individual, corporation, business trust, estate, trust, limited liability company, partnership, labor organization, association, political party, committee or other legal entity.

Thing of value means any tangible or intangible thing having a market value, including, without limitation , money, real property, personal property, services, loans of money or property, favors, gratuities, rewards, awards, grants, scholarships, discounts, promises of future employment, honoraria, event tickets, travel, lodging, meals, and the forbearance and forgiveness of debt.

A City official shall not solicit or accept any gift from any person either directly or indirectly through the City official’s spouse or dependent child which gift the City official knows or which a reasonable person in the City official’s position should know under the circumstances is either:

(a) a gift that would tend to improperly influence that City official to depart from the faithful and impartial discharge of his or her public duties; or

(b) a gift being solicited or given for the primary purpose of rewarding the City official for an official action he or she has taken.

(a) The City Manager shall have the responsibility for the enforcement of this Article as to all Employees other than those appointed or hired by the City Council. The City Manager shall have the power to investigate any complaint, to initiate any suit, and to prosecute any criminal or civil action on behalf of the City where the City Manager believes such action is appropriate.

(b) The City Council shall have the responsibility for the enforcement of this Article as to Council members or Board and commission members and those Employees appointed or hired by the City Council. It shall have the power to investigate any complaint, and if appropriate, the City Council shall conduct a public hearing in accordance with all of the requirements of due process of law and, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct alleged and shall take whatever action necessary to address the improper conduct.

(c) The exhaustion of the foregoing administrative remedies shall be a prerequisite to the bringing of a civil action to enforce any claim of the complainant, based in whole or in part upon a violation of this Article.

(d) The City Manager or City Council, as the case may be, may direct the City Attorney to investigate or prosecute any apparent violation of this article or the City Manager or City Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one or more persons of this Article.

(e) Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction of the same shall be punished in accordance with the provisions of Section 010.020.080.

(f) The City Council may remove any Board and commission member who willfully violates any portion of this Article.