The Mandatory City Council approval amount is defined as the minimum purchasing amount at which City Council approval is required. Such purchases must be approved by the City Council prior to execution of the contract or purchase order.
(A) City Council approval of an award recommendation does not constitute a binding contract with the recommended vendor until execution of a purchase order or contract by the City.
(B) Council approval is required for all the following circumstances prior to execution of the contract or purchase order:
(1) Council approval for purchases or award of contracts solicited via competitive solicitation equal to or greater than one hundred thousand dollars ($100,000.00) total expenditure for the initial contract term;
(2) Council approval for purchases or award of contracts for items delineated as Exclusions per § 38.07(B) equal to or greater than one hundred thousand dollars ($100,000.00) total expenditure for the initial contract term;
(3) Council approval for purchases or award of contracts for items delineated as Special Procurements per § 38.07(C) equal to or greater than $25,000 total expenditure for the initial contract term;
(4) Council approval for construction change orders to construction contracts originally awarded for one hundred thousand dollars ($100,000.00) or more shall be ten percent (10%) or one hundred thousand dollars ($100,000.00) whichever is lower. For calculation purposes, the ten percent (10%) threshold amount is cumulative;
(5) Council approval for task orders against continuing contracts issued for professional services equal to or greater than one hundred thousand dollars ($100,000.00); and
(6) Council approval for amendments to contracts and task orders originally awarded for one hundred thousand dollars ($100,000.00) or more shall be ten percent (10%) or one hundred thousand dollars ($100,000.00) whichever is lower, except as provided in § 38.08(C). For calculation purposes, the ten percent (10%) threshold amount is cumulative.
(C) Contract duration and term contracts:
(1) For calculation purposes, initial contract term is the duration first agreed to by both parties, prior to renewal options. This is typically one year, but in the case of longer initial term (i.e. two-year initial terms), value is calculated by adding the values of the years comprising the initial term.
(2) Contract amendments to term contracts do not require City Council approval and shall be made in accordance with the Procurement Administrative Codes.
(D) Purchases, awards, construction change orders, and contract amendments not exceeding the mandatory City Council approval amount shall be made in accordance with the Procurement Administrative Codes.
(E) The Chief Procurement Officer will prepare a report for Council acknowledgement of competitive solicitations issued by the Procurement Department and awarded in accordance with the Procurement Administrative Codes which are under the mandatory City Council approval amount. Reporting requirements will be further delineated in the Procurement Administrative Codes.
(Ord. 2020-72, passed 11-5-20)