(A)   Authority reserved to Council. Except as expressly delegated under these regulations, the City Council reserves to itself the exercise of all of the duties and authority of a contract review board under state law, including, but not limited to, the power and authority to:
      (1)   Solicitation methods applicable to contracts. Authority to approve the use of contracting methods and exemptions from contracting methods for a specific contract or certain classes of contracts are reserved to the City Council;
      (2)   Waiver of performance and payment bonds. Authority to approve the partial or complete waiver of the requirement for the delivery of a performance or payment bond in connection with a contract for construction of a public improvement is reserved to the City Council;
      (3)   Electronic advertisement of public improvements. Authority to authorize the use of electronic advertisements for public contracts in lieu of publication in a newspaper of general circulation is reserved to the City Council; and
      (4)   Appeals of debarment and pre-qualification decisions. Authority to hear properly filed appeals from a decision of a city department head regarding debarment or pre-qualification is reserved to the City Council.
   (B)   Responsibility for initiating solicitation. Each department head shall be responsible for initiating solicitations or invitations to bid, with consultation and assistance of the City Attorney where appropriate and with the advice of the City Council where appropriate, for all public contracts pertaining to or related to the city department which the department head oversees. The City Council may assign responsibility for initiating a solicitation to a city officer or employee other than the department head of the department to which the solicitation pertains.
   (C)   Decision on award of contract.
      (1)   For all public contracts with an estimated price of $15,000 or less, the department head shall make the decision to award the contract. Such authority of the department head is contingent upon budgeted funds being available for payment of the contract and is subject to the directions of the City Council, if any.
      (2)   For all public contracts with an estimated price of more than $15,000, the City Council shall make the decision regarding award of the contract. The solicitation or invitation to bid shall state that the City Council decision regarding award of the contract will be made by the City Council.
   (D)   Written contract. For all public contracts other than a small procurement, the department head with responsibility for soliciting a public contract shall cause to be prepared, as part of the solicitation of the contract and with the advice and assistance of the City Attorney, a written contract in compliance with the requirements of the state’s Public Contracting Code and which incorporates the terms of the contract. Said contract shall be executed by the city and the contractor.
(Ord. 2010-01, passed 7-1-2010)