§ 4-107. CONTRACTS NOT REQUIRING COMPETITIVE BIDDING.

(a)

Except for contracts for which competitive bidding is required by the Charter and contracts for any public work of improvement obtained pursuant to Chapter 4, Article 5 of this Code, the Purchasing Manager is authorized to contract for all equipment, materials, supplies and any public work of improvement required by the city for which an appropriation has been made.

(b)

Except for contracts for legal services, the City Manager is authorized to enter into contracts for which an appropriation has been made or is unnecessary; provided the contract involves an expenditure of city moneys, receipts of funds from another party, or liability exposure of less than or equal to fifty thousand dollars ($50,000). Council approval of any contract or any amendment to the contract for services under this subsection is required if the total proposed expenditure of city moneys under the contract and any amendments thereto exceeds the respective amount for which the City Manager is authorized to contract.

(c)

The City Attorney is authorized to contract for all legal services required by the city for which an appropriation has been made.

(d)

Council may authorize by resolution some other official or employee to contract for services, equipment, materials, supplies or public works construction for which competitive bidding is not required by the Charter.

(e)

Splitting or separating into smaller work orders, projects, purchase orders or contracts for the purpose of evading the provisions of this section is prohibited. Splitting or separating shall mean and include reducing the amount of any service to be furnished to the city under circumstances where there is reasonable knowledge that the same service will be additionally required, there are funds available for that project or purchase and the sole purpose is to knowingly avoid the requirements herein. In instances where it is deemed to be to the benefit of the city to split or separate a transaction, the proposed splitting or separation shall be referred to the Council for its findings and determination in accordance with this subsection.

(f)

Any contract to be valid hereunder shall be in writing and approved as to form by the City Attorney.

(g)

Except for legal services, the City Manager shall establish an Administrative Order setting forth criteria and procedures for the selection of consultants to provide professional consulting services (including, but not limited to, auditors, certified public accountants, engineers, architects, landscape architects, management consultants, planners, surveyors, and construction project managers) to the city. Procedures shall include an objective process as a means of protecting the public from misuse of public funds, to provide qualified proposers with a fair opportunity to enter the process, and to prevent favoritism, fraud and corruption in the awarding of public contracts. The City Manager may make non-material changes to the Administrative Order at any time, subject to approval as to form by the City Attorney. Material changes to the Administrative Order shall be submitted to the Council for review and approval.

(h)

The objective selection process established pursuant to subsection (g) above shall be used unless the City Manager determines in writing that emergency or exigent circumstances exist, or the consultant is uniquely qualified. Before approving a consulting services contract, or an amendment to a consulting services contract, requiring the approval of the Council under subsection (b) above, Council must uphold the City Manager's written determination that emergency or exigent circumstances exist, or the consultant is uniquely qualified, sufficient to bypass the established objective selection process, as determined by a separate affirmative vote of a Council majority.

(Am. Ord. 2007-96, § 3, eff. 1-19-08; Am. Ord. 2011-10, § 1, eff. 4-25-11; Am. Ord. 2018-3, § 1, eff. 2-19-18).