§ 1211. Contracts.

(a)

Contracts in the name of the City. All contracts shall be executed in the name of the City.

(b)

Availability of funds. No contract or order purporting to impose any financial obligation on the city shall be binding upon the city unless it be in writing and unless there is a balance, otherwise unencumbered, to the credit of the appropriation to which the same is to be charged sufficient to meet the obligation thereby incurred, and unless such contract or order bear the certificate of the Director of Finance so stating or other acceptable means determined by the Director of Finance. This provision shall not be construed as to limit the letting of contracts for public improvements to be paid for by special assessments payable in installments, under which the City may become liable on account of City-owned property, nor as requiring the City to pay such installments prior to their maturity. In any such case, the certificate herein required from the Director of Finance shall cover only the payment or installment first due under such contract, together with a statement as to the estimated liability in future fiscal years on account of such assessments. Upon making such certification, the director of finance shall cause the amount of such contract to be charged as an encumbrance against such appropriation. Contracts for public utility service, however, need only bear the certification of the director of finance that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the same is to be charged, and a cash balance equal to an average months bill, otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made.

(c)

Award of contracts. All contracts for the expenditure of city funds shall be awarded to the lowest and best bidder or best proposer after due opportunity for competition in accordance with this Charter and the ordinances of the City, except the following may be entered into without the necessity of soliciting bids or proposals:

(1)

Contracts for services of a specialized, professional or technical character;

(2)

Emergency contracts when there exists an imminent threat to the public health, welfare or safety or it is necessary for the essential operations of the city;

(3)

Contracts when the administrative and other costs to obtain bids or proposals exceed any probable price reductions; or

(4)

As otherwise determined by ordinance.

(d)

Award of contracts. Any or all bids, proposals, offers or qualifications may be rejected by the city.