ORDINANCE BL2017-861

An ordinance amending section 4.12.060 of the Metropolitan Code to address procedures for the sole source procurement of public art projects, products, and services.

WHEREAS, section 8.109 of the Metropolitan Charter provides that the Division of Purchases shall purchase for the use of the Metropolitan Government and its departments, boards, commissions, and officers all necessary and appropriate supplies, materials, equipment, other personal property, and contractual services; and,

WHEREAS, provisions of the Metropolitan Charter and Tennessee Law require the Purchasing Agent to make purchases by competitive bidding, unless such procurements are exempted by general law; and,

WHEREAS, section 5.10.030(A) of the Metropolitan Code provides that the Metropolitan Nashville Arts Commission (“Arts Commission”), shall adopt public art guidelines, which shall include criteria for accepting donations or gifts, both cash and tangible art, a method or methods for the selection of artists or public art projects and for placement of public art projects; and,

WHEREAS, section 5.10.030(B) of the Metropolitan Code provides that the Arts Commission, acting through the Department of Finance, Division of Purchasing, shall purchase public art projects or commission the design, execution and/or placement of public art projects; and,
WHEREAS, it is desirable to amend the provisions of section 4.12.060 of the Metropolitan Code to address procedures for the sole source procurement of public art projects, products, and services.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 4.12.060 of the Metropolitan Code is hereby amended by deleting the following language:

A contract may be awarded for a supply, service or construction item without competition when, under regulations promulgated by the standards board, the purchasing agent determines in writing that there is only one source for the required supply, service or construction item. The standards board may, by regulation, establish specific categories of supplies, services, or construction items as sole source items. Notwithstanding the foregoing, no sole source contract for the purchase of goods or services, excluding contracts for economic development initiatives and services, with a total contract amount in excess of two hundred fifty thousand dollars may be entered into unless and until such contract has been approved by resolution duly adopted by the council by twenty-one affirmative votes.

And substituting in lieu thereof the following language:

A. A contract may be awarded for a supply, service or construction item without competition when, under regulations promulgated by the standards board, the purchasing agent determines in writing that there is only one source for the required supply, service or construction item. The standards board may, by regulation, establish specific categories of supplies, services, or construction items as sole source items.

B. In recognition that works of art and artistic services have unique characteristics, a contract may be awarded for a public art project, product, or service without competition when the Metropolitan Nashville Arts Commission, in accordance with its Public Art Guidelines, determines that there is only one source for the product or service. The Metropolitan Nashville Arts Commission shall transmit to the Purchasing Agent for review and approval, a written sole source justification, reflecting the factual basis for the conclusion that there is only one source for the required public art project, product, or service.

C. Notwithstanding the foregoing, no sole source contract for the purchase of goods or services, excluding contracts for economic development initiatives and services, with a total contract amount in excess of two hundred fifty thousand dollars may be entered into unless and until such contract has been approved by resolution duly adopted by the council by twenty-one affirmative votes.

Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nancy VanReece, Bill Pridemore, John Cooper, Angie Henderson

LEGISLATIVE HISTORY
Introduced:	August 15, 2017
Passed First Reading:	August 15, 2017
Referred to:	Budget & Finance Committee
Passed Second Reading:	September 5, 2017
Passed Third Reading:	September 19, 2017
Approved:	September 20, 2017
By:

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.