(a) Where public utility services are required, the Mayor or his designee may select a public utility provider and negotiate a public utility contract utilizing any process chosen by the Mayor or his designee so long as such process is designed to provide for competition and objectivity in the selection of a public utility provider. In so acting, the Mayor or his designee shall use a process designed or chosen that reasonably provides for competition and objectivity. After selecting a public utility provider and negotiating the terms of a proposed public utility contract, the Mayor or his designee shall submit the contract first to the Director of Law for legal review and approval and thereafter to the Board of Control for award of the contract.
(b) In his or her submission to the Board of Control, the Mayor or his designee shall include a written statement which: (1) identifies all public utility providers who were contacted / consulted with regard to the required utility services; (2) explains the selection process by which the public utility provider was selected; (3) describes the contract negotiation process; and (4) states the total contract price and, if applicable, describes the pricing structure for the contract. The Board of Control shall award the public utility contract to the selected public utility provider for the contract price and on the terms and conditions negotiated by the Mayor or his designee so long as it determines that the Mayor or his designee did not commit an abuse of discretion in either selecting the recommended public utility provider or in negotiating the proposed contract. No public utility contract proposed under this section shall be effective and binding upon the City until it is awarded by the Board of Control and signed by the Mayor, if a signature is required. The Mayor shall advise the Council of a change in public utility providers when a change is effectuated pursuant to this section.
(c) As used in this section, the following phrases have the following definitions:
(1) "Public Utility Contract" means a contract calling for the provision of electric, natural gas or land line telephone services to any City owned buildings or parks or for the provision of electricity to light streets within the City.
(2) "Public Utility Provider" means any corporation, firm or other entity who is engaged in the business of providing electric, natural gas or land line telephone services.
(3) "Public Utility Services" are electric, natural gas or land line telephone services.
(4) "Designee" as used herein may include the Director of Finance.
(Ord. 2011-1. Passed 2-1-11.)