3.10.100: CONTRACTING FOR DESIGNATED PROFESSIONAL SERVICES:

   A.   Authority: The City may procure the services of financial and legal advisors, accountants, physicians, dentists, veterinarians, information technology professionals, as defined by the laws of the State of Utah, and similar professional services, in accordance with the selection procedures specified in this section, subject to the requirements of section 3.10.110 , “Minimal And Small Purchases”, of this article. Such services shall require approval of the purchasing agent, or designee. The procurement of architectural and engineering services is exempt from this section and is governed by section 3.10.420 of this chapter.

   B.    election Procedure:

      1.   Conditions For Use: Except as provided under section 3.10.110 , “Minimal And Small Purchases”, 3.10.130 , “Sole Source Procurement”, 3.10.160 , “Procurement For Emergencies And Public Threats”, or 3.10.420 , “Public Announcement And Selection Process For Architectural And Engineering Services”, of this chapter, the professional services designated in subsection A of this section shall be procured in accordance with this subsection.

      2.   Statement Of Qualifications: Persons engaged in providing professional services may submit statements of qualifications and expressions of interest in providing such professional services to the purchasing agent, or designee. The purchasing agent, or designee, may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement with the purchasing agent, or designee.

      3.   Public Announcement And Form Of RFP Or RFQ: Adequate notice of the need for professional services shall be given by the City through an RFP or RFQ. The RFP or RFQ shall describe the professional services required, list the types of information and dates required, and state the relative importance of particular qualifications.

      4.   Discussions: The City may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

      5.   Award: Award shall be made to the offeror determined in writing by the City to be best qualified based on the evaluation factors set forth in the RFP or RFQ, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, of their respective qualification ranking, and the agreement may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable. (Ord. 23-20: Ord. 17-14)

3.10.110: MINIMAL AND SMALL PURCHASES:

   A.   General: This section defines minimal and small purchases and the rules governing them. These purchases can only be made by City employees who have been authorized as stated in this chapter.

   B.   Applicability: This section applies to the procurement of operational supplies, nonprofessional services, professional services, building improvements, public works projects, construction work and construction related supplies subject to the limitations in this section. This section does not apply to the procurement of architectural and engineering services, which is governed by section 3.10.420 of this chapter.

   C.   Minimal Purchases; No Solicitation Process Required: Minimal or insignificant purchases are defined below. If such purchases are made without solicitation processes, they can only be made as stated below:

      1.   Purchases of operational or construction related supplies or nonprofessional services having a total value of less than ten thousand dollars ($10,000.00).

      2.   Purchases of professional services having a total value of less than sixty thousand dollars ($60,000.00), but only when such purchase is approved in writing in advance by the department director, the purchasing agent and the Director of Finance and Administration.

      3.   Except as provided in subsections F3 and F4 of this section, purchases of construction work, but not architectural and engineering services which are governed by section 3.10.420 of this chapter, having a total value of less than thirty-five thousand dollars ($35,000.00), but only when such purchase is approved in writing in advance by the department director, the purchasing agent and the Director of Finance and Administration.

      4.   Purchases of building improvements or public works projects having a total value of less than thirty-five thousand dollars ($35,000.00).

   D.   Required Accounting Procedures: Any department making purchases under this section shall implement and follow accounting procedures that are acceptable to the Finance and Administration Department.

   E.   Agreement: Any purchases of professional services or construction under this section shall be formalized using an agreement, and such agreement shall state the minimum terms necessary to protect the City’s interest. The fully executed agreement shall be filed with the City Recorder’s Office.

   F.   Small Purchases: Small purchases of supplies and services are most effectively made using minimal procurement processes. In the procurement rules, the purchasing agent may define small purchases in various areas of procurement by establishing maximum dollar amounts for these purchases, subject to the Mayor’s approval. The procurement rules shall prescribe minimal and expeditious processes to use when making these purchases. Small purchases, may only be made as outlined in this section:

      1.   Contracts for operational or construction related supplies or nonprofessional services having a total value of ten thousand dollars ($10,000.00) and not more than seventy-five thousand dollars ($75,000.00).

      2.   Contracts for professional services, having a total value of sixty thousand dollars ($60,000.00) and not more than one hundred thousand dollars ($100,000.00).

      3.   Purchases of building improvements having a total value of thirty-five thousand dollars ($35,000.00) and not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter.

      4.   Purchases of public works projects having a total value of thirty-five thousand dollars ($35,000.00) and not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter.

      5.   Except as provided in subsections F3 and F4 of this section, contracts for construction work having a total value of thirty-five thousand dollars ($35,000.00) and not more than one hundred thousand dollars ($100,000.00), excluding architectural and engineering services, which are governed by section 3.10.420 of this chapter.

   G.   Who May Make Purchases: Only the purchasing agent, or designee, department directors and employees designated by department directors and approved by the Mayor, may make small purchases as defined in this section. In making small purchases, the following procedures may be used in lieu of a bid or proposal process:

      1.   Solicitation And Award: Purchases shall be made by soliciting bids from no less than three (3) businesses:

         a.   For purchases of supplies or nonprofessional services, the businesses shall submit telephone, electronic or written quotations to meet the City’s described needs. Award shall be made to the business offering the lowest acceptable quotation.

         b.   For professional services, the City shall prepare a brief statement of needs. The City may communicate this statement to the businesses in writing, electronically or verbally, and the businesses shall submit their qualifications to meet the described needs. Award shall be made to the business presenting the best overall qualifications and value to the City.

         c.   For construction work, including building improvements and public works projects that have a value of not more than the bid limit specified in the definition of “bid limit” in section 3.10.030 of this chapter, the businesses shall submit telephone, electronic or written quotations to meet the City’s described needs, and if requested by the City, shall submit qualifications in the manner described for professional services. Award shall be made to the qualified business submitting the lowest acceptable quotation.

   H.   Records: Any department making a small purchase shall retain a record of the names of the businesses contacted, those offering quotations, and the date and amount of each quotation, and shall document, either on the City’s electronic purchasing system or by paper copy provided to the purchasing agent, or designee, all quotes received. Such records shall be retained as determined by the City Recorder, in accordance with the Utah records retention schedule.

   I.   Manipulation Prohibited: Purchases shall not be manipulated to fall within this section. Without limitation, agreements shall not be artificially divided, such as by awarding numerous agreements to a single person for substantially similar performances, or by dividing the work required for a single project solely for purposes of making use of this section. The purchasing agent, or designee, may impose requirements in addition to those set forth in this subsection to provide for equitable and competitive procurement in an expeditious manner.

   J.   Small Purchase Agreement Modifications And Renewals: Any agreement solicited under this chapter shall only be modified or renewed as follows:

      1.   Modifications: Agreements shall not be modified in excess of the maximum dollar amounts stated in this chapter, unless this requirement is waived in writing by the purchasing agent and the Director of Finance and Administration.

      2.   Renewals: Agreements shall not be renewed on a successive basis with the same party unless approved in writing by the purchasing agent or designee and in accordance with this chapter. (Ord. 23-20: Ord. 19-05: Ord. 17-14)

3.10.120: AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES:

   A.   Generally: This section provides guidance on purchasing from other governmental entities, including when agreements must be executed in compliance with the Interlocal Cooperation Act.

   B.   State Cooperative Contracts: The City may, in accordance with the provisions of Utah Code section 63G-6a-2105, as amended, enter into a cooperative procurement, and an agreement that is awarded as a result of a cooperative procurement with another state, a cooperative purchasing organization, or any public entity inside or outside the State. The City may obtain a procurement item from a State cooperative contract without signing a participating addendum if the solicitation issued by the State to obtain the contract includes a statement indicating that the resulting contract will be issued for the benefit of public entities.

   C.   Solicitation Requirements When Contracting With Government: Whenever the City agrees to make purchases together with another governmental entity, and the agreement is entered in compliance with the solicitation procedures of that other entity, the City shall be deemed to have complied with City solicitation requirements.

   D.   Interlocal Cooperation Act: Certain agreements must be executed in compliance with the Interlocal Cooperation Act, Utah Code title 11, chapter 13 (the "Act"). In addition to the Act, agreements shall comply with the following:

      1.   When Compliance Required: Agreements for the following must comply with the Act:

         a.   Joint Action: The City must comply when it agrees to exercise powers jointly with another governmental agency to undertake a joint or cooperative action. Such an action may require the creation of a separate legal entity, such as a partnership or association. Example: Utah Associated Municipal Power Systems. See Utah Code section 11-13-5, or its successor.

         b.   Government Function: The City must comply when it agrees with a governmental entity to perform any governmental service, activity or undertaking that the City or the other entity is otherwise authorized by law to perform. Governmental services, activities or undertakings include the following: flood control, storm drainage, government administration, planning and zoning, buildings and grounds, education, healthcare, parks and recreation, police and fire protection, prosecution of violations of State Criminal Statutes, defense of individuals prosecuted for violations of State Criminal Statutes, transportation, streets and roads, utilities, culinary water, sewage disposal, social services, solid waste disposal, economic development or new venture investment fund, and library. See Utah Code section 11-13-14, or its successor.

         c.   Sharing Revenues: The City must comply when it agrees to share tax or other revenues with other governmental entities. See Utah Code section 11-13-16.5, or its successor.

         d.   Joint Facilities: The City generally must comply when it will jointly own, operate, acquire or improve facilities with another governmental entity. See Utah Code section 11-13-15, or its successor.

   E.   Compliance: To comply with the Act, an agreement must be approved by a resolution of the City Council.

   F.   Compliance Not Required: The following are examples of agreements with other governmental entities that are not subject to the Act, and which do not require City Council approval. This list is provided for convenience only and is not comprehensive.

      1.   Purchases: Agreements solely to acquire supplies from another governmental agency, or solely to acquire services if they are not governmental services, activities or undertakings as described in subsection D1b of this section.

      2.   Co-Purchases: Agreements where the City joins as a group with other governmental agencies to purchase supplies, or services that are not governmental services, activities or undertakings as described in subsection D1b of this section, where the agreement relates to acquisitions and not to the formation of a cooperative purchasing unit.

      3.   Sales: Agreements solely to sell supplies owned by the City to another governmental agency.

      4.   Leases: Agreements solely to lease City property to another governmental agency, where the City's only role is that of a typical lessor. (Ord. 17-14)

3.10.130: SOLE SOURCE PROCUREMENT:

   A.   Sole Source Procurement: Without limitation, sole source procurement may arise when:

      1.   The City needs a supply or service of a unique or specialized nature, and only one known supplier is reasonably available to meet the need.

      2.   Specific parts, accessories, equipment, materials, services, proprietary items or other items are necessary to meet the City's needs, and there are no comparable items reasonably available.

      3.   Items are procured for resale.

   B.   Process: For all sole source procurements:

      1.   A request for a sole source procurement shall be submitted from the department director, or designee, seeking the sole source procurement to the Purchasing Agent or designee. The request shall include: a) a description of the procurement item; b) the total dollar value of the procurement item, including where applicable, the actual or estimated full life cycle cost of maintenance and service agreements; c) the duration of the proposed sole source agreement; d) information documenting that there are no other competing sources for the procurement item; and e) any other information required by the Purchasing Agent or designee; and

      2.   The Purchasing Agent, or designee, shall place a written determination in the procurement file, after conducting a good faith review of available sources, stating why no other sources are reasonably available, or why competition would not be likely to produce other acceptable offers. Sole source procurement shall not be used only to accommodate a desire for a particular proprietary item unless the City has a need for such specific item, which can be justified in writing pursuant to the provisions of subsection A of this section. The Purchasing Agent, or designee, shall negotiate and use appropriate means to obtain the best price available for the item being procured.

   C.   Records: A record of sole source procurement shall be maintained as a public record and shall list each contractor's name, the amount and type of each procurement agreement, a listing of the item(s) procured under each procurement, and the identification number of each procurement file. (Ord. 17-14)

3.10.140: PROCUREMENT TO MEET EXISTING NEEDS:

   A.   Existing Needs: Procurement to meet existing needs may arise when there is a need to procure matching or compatible supplies and services when other similar supplies and services would not reasonably meet the City's needs in connection with existing equipment or facilities.

   B.   Process: To use existing needs procurement, the Purchasing Agent, or designee, shall place a written determination in the procurement file specifying the existing items, and explaining the need to match or service them. The Purchasing Agent, or designee, or department director, or designee, shall negotiate and use appropriate means to obtain the best price available for the item being procured. (Ord. 17-14)

3.10.150: PROCUREMENT FOR SPECIALIZED SERVICES:

   A.   Specialized Services: Without limitation, the need to procure very specialized services, or services as a part of confidential matters, may arise when:

      1.   The City's needs are of a specific and highly specialized nature, and a general solicitation would not reasonably produce a contractor who can meet those needs because of the scarcity of service providers, nature of the expertise needed, conflicts of interest, or other reason; or

      2.   The services relate to confidential matters, and a solicitation process might disclose or result in adverse consequences with respect to information that is private or confidential. These matters may arise in connection with legal issues, security issues, undercover police activities, and similar matters.

   B.   Process: Except as otherwise provided by the Mayor, to procure on this basis, the Purchasing Agent, or designee, shall place a written determination in the procurement file stating the required service, and explaining why a solicitation process would not be beneficial or would damage confidential interests. The Purchasing Agent, or designee, or department director, or designee, shall negotiate and use all appropriate means to obtain the best price available. (Ord. 17-14)

3.10.160: PROCUREMENT FOR EMERGENCIES AND PUBLIC THREATS:

   A.   Generally: Notwithstanding any other provisions of this chapter and subject to subsections C and D of this section, the Purchasing Agent, or designee, may make, or authorize others to make, emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare, or safety but where a declaration of local emergency has not been issued; provided that such emergencies and public threats shall be made with such competition as is practicable under the circumstances. Procurement made on this basis shall be issued as set forth in this section.

   B.   Definitions: The conditions specified in this section are defined as follows:

EMERGENCY CONDITIONS: Immediate and serious needs for supplies or services that cannot adequately be addressed using normal procurement methods. Such needs may arise by reason of a natural disaster, epidemic, riot, equipment failure or other reason.

PUBLIC THREATS: Circumstances that appear likely to adversely impact the public's health, welfare, convenience or safety. They may arise when circumstances appear to create a risk of environmental contamination, traffic congestion or hazards, disruption of utility or other public services provided by the City, or other matters.

   C.   Process: The Purchasing Agent, or designee, shall examine the circumstances and determine whether they constitute a condition set forth above. If so, the Purchasing Agent, or designee, may take any action required by such condition. The Purchasing Agent, or designee, shall place in the procurement file a written determination and explanation of the condition. Procurement should be as competitive as possible under the circumstances, but priority shall be given to meeting the needs of the emergency conditions or public threat. Only those supplies and services impacted by the conditions in question may be acquired under this section.

   D.   Declaration Of Emergency By Mayor: The issuance of a declaration by the Mayor declaring the existence or threatened existence of a local emergency pursuant to Utah Code section 53-2a-208 and subsection 2.08.010B11 of this Code shall empower the Mayor to make emergency procurement of supplies, services, or construction items in conjunction with exercising any and all of the emergency powers permitted by State and local law. (Ord. 17-14)