§ 3-3. Contract solicitation.

(a)

General standard. Except as otherwise provided in subsections (b) through (e) herein or the provisions of section 3-5, all city contracts shall be procured as follows:

(1)

Contracts exceeding $160,000.00. If the contract's estimated consideration exceeds $160,000.00, the city shall issue public notice within a reasonable time as determined by the city manager, director of the contracting department, or the manager of procurement services when soliciting such contract, prior to the closing date of the solicitation. Such notice may be made by publication on the world wide web, appropriate print media, or any other means of publicly making the solicitation known to potential bidders or proposers. Sealed bids or proposals are required. Notwithstanding any other Section to the contrary, section 3-421 through 3-500 shall apply on non-construction contracts only if the non-construction contract exceeds $160,000.00.

(2)

Contracts between $5,000.01 and $160,000.00. If the contract's estimated consideration is between $5,000.01 and $160,000.00, unsealed bids or proposals shall be solicited by any reasonable method from at least three qualified sources, or fewer if less than three qualified sources shall exist. Sealed bids or proposals and public notice may be used in the city's discretion, but their use is not mandatory. Notwithstanding any other section to the contrary, section 3-601 through 3-621 shall apply to professional services and supplies as defined by Section 3-601 only if the professional services and supplies contract is between $5,000.00 and $160,000.00.

(3)

Contracts $5,000.00 or less. If the contract's estimated consideration is $5,000.00 or less, or if the expense is to be incurred through the use of a procurement card pursuant to regulations implemented by the manager of procurement services or the director of finance, such regulations being hereby authorized, sealed or unsealed bids or proposals may be required in the city's discretion, but their use is not mandatory and the city is authorized to execute a contract without any solicitation.

(b)

Design professional contracts. The city shall utilize a qualification based solicitation process and shall issue public notice within a reasonable time prior to the closing date of the solicitation requesting that a statement of qualifications be submitted by any firm seeking to provide architectural, engineering or land surveying services.

(c)

Specialized procurements. The following procurement methodologies may be utilized subject to rules and regulations that may be adopted by the city manager or manager of procurement services from time-to-time, such methods being deemed likely to produce cost and times savings to the city and therefore deemed to be in the public's best interest:

(1)

Reverse auction;

(2)

Cooperative procurement, in which solicitation will be performed by the city or another entity;

(3)

Piggybacking;

(4)

Purchasing pool or cooperative.

Notwithstanding the foregoing, the methods authorized in this subsection shall not be utilized to procure any construction contract, except for those providing for the maintenance or repair of any facility.

(d)

Solicitation-exempted contracts. Solicitation shall not be required for the following contract types, provided however that solicitation shall not be precluded if the city manager, director of the contracting department, or the manager of procurement services when soliciting such contract on behalf of such department, determines that solicitation is in the city's best interests:

(1)

Concession contracts, except for those solicited by the manager of procurement services;

(2)

Cooperative agreements, to the extent such agreements are with any other municipality or political subdivision, or with an elective or appointive official thereof; or with a duly authorized agency of the United States, or of this state, or with other states or their municipalities or political subdivisions; or with any not-for-profit entity granted tax-exempt status under any provision of Section 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c));

(3)

Non-municipal agency contracts;

(4)

Personal services contract;

(5)

Sole brand purchase;

(6)

Sole source purchase.

(e)

Alternative construction delivery methods. The city shall utilize such solicitation methods as the contracting department shall determine to be in the city's best interest with regard to the particular project to be constructed.

(1)

The use of alternative construction delivery methods shall be subject to any rules and regulations that may be adopted by the city manager from time-to-time.

(2)

If an alternate or additional method of solicitation is required by city charter, federal or state law, ordinance, contract or grant terms, the alternate or additional method shall be utilized.

(Ord. No. 130041, § 6, 3-21-13; Ord. No. 140623 , § 1, 9-11-14; Ord. No. 150447 , § 1, 6-18-15; Ord. No. 160333 , § 1, 5-12-16; Ord. No. 170963 , § 1, 4-19-18)