(A) The following contracts must be approved by the City Council:
(1) All special assessment district construction contracts in accordance with §§ 6-8-1-1 et seq., Albuquerque Special Assessment District Policy Ordinance;
(2) Contracts for ambulance services and other emergency rescue services;
(3) Contracts for professional/technical services, as follows:
(a) Any contract for professional/ technical services in an amount exceeding $100,000, including, but not limited to, legal services contracts and contracts entered into by the City Council to facilitate its legislative function; and
(b) Any amendment to a professional/ technical services contract which causes the amount of that contract to exceed $100,000, or changes the scope of services related to the management or operations of a city facility.
(4) Social services contracts as follows:
(a) Any social services contract in an amount exceeding $150,000; and
(b) An amendment to a social services contract causes the amount of that contract to exceed $150,000; or any amendment to a social services contract exceeding $150,000 that increases the amount of the contract by 20% or more; and
(c) Any social services with a single organization or agency where the total amount in a single fiscal year for social services contracts with the organization or agency exceeds $150,000; and
(d) Except that City Council approval shall not be required if the goal, amount and contractor of any such contract or amendment is included in the City of Albuquerque annual performance plan or has been previously approved by the Council in an appropriating resolution; and
(e) The exception contained in § 5-5-19(A)(4)(d) shall not apply if a Councilor has requested a special report on a particular contract from the Mayor, which report shall be due within 30 days of the request, and a Councilor has requested approval of said contract by the full Council.
(5) Concession contracts expected to generate revenues to the contractor in excess of $75,000, over a 12-month period.
(6) Sole source contracts for goods, services, or construction in excess of $75,000 for a single project.
(7) If the City Council has previously approved a contract by approving the selection of the contractor, the contract amount and the services or subject matter of the contract, either through approval of a Performance Plan, a recommendation of award, or other similar approval process, the final contract will not require an additional approval pursuant to this section.
(8) Any supplement to a contract previously approved by the City Council shall require additional approval by the City Council if the contract is increased by over 20% of the amount previously identified, or the supplement changes the scope of services related to the management or operations of a city facility.
(B) The following purchases must be approved by the Mayor rather than City Council:
(1) When the Mayor determines that urgent and compelling reasons require an emergency procurement of professional/technical services exceeding $100,000, or social services exceeding $150,000, the Mayor shall notify the City Council, at its next regularly scheduled meeting, of the action and shall give a full description of the urgent and compelling reasons, the scope of work, the contract amount, and the name of the contractor;
(2) Award or rejection of offers and the execution of contracts for the construction, demolition, alteration, improvement, or repair of public works; and
(3) Contracts with the New Mexico State Auditor, or other contracts required by law.
(C) All other purchases shall be approved by the Chief Procurement Officer or designee, or as otherwise provided by ordinance.
(D) For all procurements and approval of contracts and purchases by or for the Water Utility Authority pursuant to this article, approval by the Executive Director of the Water Utility Authority shall substitute for approval by the Mayor and approval by the Water Utility Authority Board shall substitute for approval by the City Council.
('74 Code, § 5-7-19) (Ord. 6-1991; Am. Ord. 30-1998; Am. Ord. 51-1999; Am. Ord. 12-2001; Am. Ord. 14-2001; Am. Ord. 18-2004; Am. Ord. 58-2005; Am. Ord. 13-2006; Am. Ord. 26-2011; Am. Ord. 2016-005; Am. Ord. 2019-005) Penalty, see § 1-1-99