Whenever used in this Article, the following words and phrases shall have the following meanings:
"Affected Department" or "Department" means a City Department performing a Service that is subject to a Privatization Contract.
"Contractor" means a person that enters into a Privatization Contract with the City.
"Cost-effectiveness Study" or "Study" means an economic analysis performed by the Office for the purpose of comparing the fully allocated costs of providing the contracted service by the proposed Contractor and by City personnel, any analysis of the projected savings anticipated as a result of the contracting out, and such other considerations the Budget Director considers relevant. The analysis shall include in the projected cost of the proposed Contract any continuing City costs associated with the service, such as the costs of inspection, supervision and monitoring.
"Laid off" shall have the meaning set forth in Article I of this Chapter.
"Office" shall mean the City's Office of Budget and Management.
"Post" shall have the meaning set forth in Article I of this Chapter.
"Privatization Contract" or "Contract" means a contract between the City and a Contractor for the Contractor to take over the performance of any Service performed prior to the Contract by personnel employed by an Affected Department, in lieu of such personnel. The term "Privatization Contract" shall not include:
(a) a contract whose maximum permitted expenditure over the life of the contract is less than $3,000,000.
(b) a contract for services that in the judgment of the Budget Director, in consultation with the Affected Department, are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available in the City workforce, have not historically been performed by City employees, and it is not practicable to hire the needed personnel.
(c) a contract for services that are incidental to the purchase or lease of real or personal property, including, but not limited to, agreements to service or maintain leased or rented office equipment or computers.
(d) a contract under circumstances in which a private contractor is necessary to protect against a conflict of interest or to ensure independent and unbiased findings in circumstances where an outside perspective is clearly needed.
(e) a contract under circumstances in which a private contractor can provide equipment, materials, facilities, or support services that cannot readily be provided by the City in the location where the service is to be performed.
(f) a contract for services that are of an urgent, temporary, or occasional nature.
(g) a sole source contract or intergovernmental agreement.
(h) a contract under circumstances in which privatization is the result of the loss or diminution of federal or state grant funding in an amount sufficient to significantly affect the level or quality of the service, in the judgment of the Budget Director in consultation with the Affected Department, and the Affected Department has received ninety (90) or fewer days' notice from the grantor of the final notice of award.
(i) a City service subject to a privatization that took effect prior to the effective date of this Article.
(j) (1) a contract, purchase order or agreement for the demolition, construction, repair or improvement of any building, bridge, roadway, sidewalk, alley, railroad or other structure or infrastructure, awarded by any officer or agency of the City other than the City Council, and whose cost is to be paid from funds belonging to the City and any bonds, grants, loans, or other funds made available by or through the Federal government or the State or any of its political subdivisions, and (2) any associated services of a planning, architecture or engineering firm involved in the planning, design, feasibility study, or management of the project.
"Service" means any City-provided function, operation or service, but shall not include any Asset, as that term is defined in Article I of this Chapter.
(Added Coun. J. 11-18-15, p. 14398, § 1)