CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL
COUNCIL BILL NO. O-21-59 ENACTMENT NO. ________________________
SPONSORED BY: Isaac Benton and Diane Gibson
ORDINANCE
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Amending Chapter 14, Article 7, Part 2, Section 1 Paragraph B Of The Revised Ordinances Of Albuquerque, New Mexico, 1994, The Professional Services Ordinance (Benton, Gibson)
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AMENDING CHAPTER 14, ARTICLE 7, PART 2, SECTION 1 PARAGRAPH B OF THE REVISED ORDINANCES OF ALBUQUERQUE, NEW MEXICO, 1994, THE PROFESSIONAL SERVICES ORDINANCE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. FINDINGS
The City Council finds that:
(A) To Conform to the standards established in the Federal Brooks Act the City of Albuquerque’s process for the procurement of Architectural and Engineering Professional Services Contracts, is governed by the Professional Services Ordinance §§ 14-7-2-1 <https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-20077>. The Ordinance regulates the solicitation and execution of Architectural and Engineering Professional Services Contracts for the City of Albuquerque, valued at over $25,000.
(B) The $25,000 price ceiling in the Professional Services Ordinance, using a 1980 baseline (the approximate era the Ordinance was created), has the value of $7,000 in the current market for Architectural and Engineering Services. The United States Bureau of Labor Statistics reports that the cost inflation for Architectural and Engineering Professional Services Contracts was 396% between 1980 and 2020. As a result, small quantity low value task orders must proceed through the lengthy Selection Advisory Committee Process or are assigned to on-call contracts, meant for medium size work orders, consuming finite quantities on those contracts.
(C) To adjust for price inflation and provide space for near term future price increases the value of Architectural and Engineering Professional Services Contracts should be adjusted.
SECTION 2. §§ 14-7-2-7 PROMULGATION OF RULES AND REGULATIONS is amended to read as follows:
“The Mayor shall promulgate rules and regulations for the efficient and equitable administration of §§ 14-7-2-1 <https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-20077> et seq. Such rules and regulations shall govern:
(A) The procedures to be followed in the selection of firms or persons to provide professional architectural, engineering, landscape architectural and other related professional services which will cost less than $150,000.
(B) The procedures to be followed by the Selection Advisory Committee in the selection of firms or persons to provide professional architectural, engineering, landscape architectural and other related professional services which will cost $150,000 or more.”
SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 4. COMPILATION. Section 2 of this ordinance shall amend, be incorporated in and compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect five (5) days after publication by title and general summary.
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