SEC. 2-33. ALTERNATIVE METHODS OF PROCUREMENT FOR FACILITY CONSTRUCTION.

   (a)   The city council finds that, in general, the methods of procuring a contractor to perform facility construction established in Chapter 2269, Texas Government Code, as amended, provide a better value for the city than the methods set forth in Chapter 252, Texas Local Government Code, as amended. The provisions of Chapter 2269, Texas Government Code, as amended, are therefore adopted for use in procuring a contract for facility construction, superseding any conflicting provisions in the city charter.

   (b)   The city manager is authorized, in accordance with Chapter 2269, Texas Government Code, as amended, to choose which method of contractor selection provides the best value for the city on each facility construction project, subject to the applicable provisions of Sections 2-30 through 2-32 of this division. The city manager may, by administrative directive, establish procedures for choosing the method of contractor selection and to conduct the selection process, to the extent the procedures do not conflict with state law or Sections 2-30 through 2-32 of this division.

   (c)   If, in the case of an individual facility construction project, the city manager finds that there is better value in following the methods of procurement authorized in Chapter 252, Texas Local Government Code, as amended, the city manager is authorized to secure a contractor in accordance with the rules of that state law. If the procedures of Chapter 252, Texas Local Government Code, as amended, are used to procure a facility construction contract, the award of the contract must be to the lowest responsible bidder or to a local business when allowed under Section 2-32(h) of this division. The rules of Section 2-32(b) and (c) of this division also apply to an award made under this subsection. (Ord. Nos. 25819; 28705; 30828)

SEC. 2-34. PERSONAL, PROFESSIONAL, AND PLANNING SERVICES.

   Personal, professional, or planning services must be procured, regardless of who approves the contract, in accordance with applicable state law and through procedures established by the city manager or a designee that are not in conflict with this article or applicable state law. (Ord. Nos. 24243; 25819)

SEC. 2-35. INTEREST ON CERTAIN LATE OR DELAYED PAYMENTS.

   Unless otherwise authorized by the city council, at the request of the city manager, no contractor of the city is entitled to interest on any late or delayed payment that is caused by any good faith claim or dispute in connection with the contract, or that the city has a right or obligation to withhold under the contract or state or federal law, nor is any contractor entitled to attorney’s fees in any dispute to collect such payments. (Ord. Nos. 18850; 19312; 20061; 22434; 24243; 25819)

SEC. 2-36. CONTRACTS WITH PERSONS INDEBTED TO THE CITY.

   (a)   Except as provided in Subsection (b), a bidder, proposer, or other person interested in receiving the award of a contract from the city or entering into any other transaction with the city shall be deemed nonresponsible and shall be denied any contract or other transaction with the city if that bidder, proposer, or other person is indebted to the city or is delinquent in any payment owed to the city under a contract or other legal obligation.

   (b)   Disqualification under Subsection (a) of a bidder, proposer, or other person interested in contracting with or entering into a transaction with the city may be waived by the city council, after a review of the specific circumstances, if the waiver is deemed to be in the best interest of the city. (Ord. 25819)

SECS. 2-37 THRU 2-37.1.9. RESERVED.

   (Ord. Nos. 21856; 24243; 25819)