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Ordinance amending the Pittsburgh City Code, Title 1: Administrative, Article VII: Procedures, Chapter 161: Contracts, Section 161.01A: Required Approvals from City Council for Designated City Contracts to require approval by City Council for certain contracts done through cooperative purchasing.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh City Code, Title 1: Administrative, Article VII: Procedures, Chapter 161: Contracts is hereby amended as follows:
§ 161.01A <https://ecode360.com/45430955> - Required Approvals from City Council for Designated City Contracts.
(a) The following definitions are applicable to this Chapter unless otherwise specifically defined in other sections:
(1) COMMODITIES
Materials, supplies, goods, equipment, and/or personal property, including pre-packaged or "canned" computer software and intellectual property rights/licenses in relation thereto and combinations of any of the items included in this definition.
(2) CONSTRUCTION CONTRACTS
Those contracts referred to in Section 161.24 of this Chapter that are used by the Department of Public Works, Bureau of Transportation and Engineering for construction projects, including those for construction, alteration, or repair of City buildings or structures.
(3) COUNCILMANIC AMOUNT
The Councilmanic amount is the monetary amount that triggers a requirement for a written contract pursuant to Section 161.09 of this Chapter. For purposes of this Chapter, the Councilmanic amount is five thousand dollars ($5,000.00).
(4) PROFESSIONAL SERVICES CONTRACTS
Those contracts defined in Section 161.02(a)(4) of this Chapter. This category includes contracts for the professional services of engineers and architects as further referred to in Section 161.24 of this Chapter.
(5) NON-PROFESSIONAL SERVICES
Contracts for services other than professional services contracts as defined in Section 161.02A(a)(4) of this Chapter, and which are subject to competitive bidding.
(6) COOPERATIVE PURCHASING
Procurement conducted by or on behalf of more than one public procurement unit or by a public procurement with an external procurement activity. “Cooperative purchasing” includes purchases made through “joint purchasing agreements” and “joint purchasing associations” as referred to in Section 161.01(c) of this Chapter.
(b) The Mayor, or his/her designee, are authorized to purchase all commodities and enter into contracts for the furnishing of non-professional services subject to the following requirements:
(1) All purchases of commodities and non-professional services must be approved by the Director of the Office of Management and Budget or designee, subject to the provisions of Section 161.02, requiring award to the lowest responsible bidder as defined in Part (b) of that Section, or an exception to the competitive bidding requirement, enumerated in Part (a) of that Section.
(2) All contracts and/or expenditures described in this Section with an estimated value at or below the councilmanic amount may be paid by the City Controller after the corresponding invoices and/or contracts have been placed on a supplemental agenda and approved by City Council resolution. A standard form detailing the use must accompany the request for it to be considered for approval.
(3) Departments seeking to enter into commodity or non-professional service contracts with an estimated value of over five thousand dollars ($5,000.00) shall be deemed to have received pre-authorization to solicit bids via Council's adoption of the relevant annual operating and/or capital budget.
a. To the extent that any such commodity or non-professional services contracts are administered by the Office of Management and Budget and a consultant or vendor is selected pursuant to the competitive bidding procedures and requirements set forth in applicable law, the resulting contract may be paid by the City Controller after the corresponding invoices and/or contracts have been placed on a supplemental agenda and approved by City Council resolution. A standard form detailing the use must accompany the request for it to be considered for approval.
b. To the extent that any such commodity or non-professional services contracts are administered by the Office of Management and Budget pursuant to a joint-purchasing agreement or through a joint-purchasing association as contemplated in Section 161.01(c), City Council shall receive an annual list of current contracts available for use (including expiration dates) by the City during the upcoming year from the Office of the Controller by no later than September 30.
c. To the extent that any such commodity or services contracts are administered by Allegheny County pursuant to a joint-purchasing agreement as contemplated in Section 161.01(b), City Council shall receive an annual list of current contracts available [for] use by the City during the upcoming year from the Director of the Office of Management and Budget by no later than September 30.
(4) Per Council's inclusion of a specified construction project in the relevant annual adopted capital or operating budget, the Director of the Department of Public Works shall have Council pre-authorization to bid for a contractor for a construction contract pursuant to the competitive bidding procedures and requirements set forth in applicable law. Upon selection of a contractor, the Director of the Department of Public Works must thereafter present an authorizing resolution to City Council for final approval to enter into a construction contract with said contractor. Such authorizing resolution must include a "not to exceed" compensation amount, financial system account information, and name of the proposed awardee(s).
(5) For those non-professional services subject to a competitive bidding exception under 161.02(B)(15), an annual resolution may be presented to City Council to authorize multiple contracts with a stated not-to-exceed amount for each and specifying the account(s) from which payments may be made.
(6) Notwithstanding any other provision of law, all multi-year contracts with a total value of more than $30,000 which are entered into through cooperative purchasing are subject to the following:
a. Such contracts require approval by resolution of City Council prior to contract execution.
b. All contracts and engagement contracts that require Council approval under this subsection (6) shall contain language noting such engagement is subject to Council approval by resolution at a public meeting.