3.24.020: APPLICATION:

   A.   This chapter applies to all city procurement processes or contracts initiated after October 21, 1997.

   B.   This chapter does not apply to the procurement of real property or any permanent interest in real property. (Ord. 64-97 § 2, 1997)

3.24.030: DEFINITIONS:

As used in this chapter:

BID PACKAGE: All documents, whether attached or incorporated by reference, used for soliciting sealed bids, such as a notice, bid form, form contract, specifications and similar documents.

BID, PROPOSAL OR OFFER: An offer to perform.

BIDDER: A person who submits a bid.

CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to subsection 3.24.040A of this chapter, or any successor to that subsection.

CITY ENGINEER: The city employee designated pursuant to section 2.08.080 of this code, or any successor to that subsection.

CONSTRUCTION: The process of building, renovating, altering, improving or repairing any city building or public work, but does not include the routine operation or maintenance, or minor repair of, existing city property.

CONSTRUCTION RELATED SUPPLIES AND SERVICES: All supplies and services put to use in the process of construction, including professional services related to construction.

DIVISION: Any division of a city department, or any other agency or subdivision of the city.

OFFEROR: A person who submits a proposal, a response to a request for qualifications, a quote, a bid, or any other offer or submission.

OPERATIONAL SUPPLIES AND SERVICES: All supplies and services put to use in connection with managing and operating the city, including professional services. Operational supplies and services does not include construction related supplies and services.

PERSON: Any individual, group of individuals, entity, group of entities, business, agency, club, committee, union or other organization or organizations, not including the city or any of its employees, officers, departments or divisions.

PROCUREMENT: Buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies or services, and all related acquisition processes.

PROCUREMENT OFFICIAL: The chief procurement officer or city engineer, or a city employee who is authorized to act in the capacity of a procurement official as specifically delegated in the procurement rules.

PROCUREMENT RULES: The administrative rules, policies, executive orders or other rules adopted by the mayor in accordance with subsection 3.24.040A2 of this chapter, or any successor to that subsection.

PROFESSIONAL SERVICES: Those services that are provided by a person skilled in the practice of a learned or technical discipline. Providers of professional services often require prolonged and specialized intellectual training and profess attainments in special knowledge as distinguished from mere skills. Disciplines may include, without limitation, accounting, auditing, architecture, court reporting, engineering, experts in a specialized field, finance, law, materials testing, medicine, planning, surveying, and others.

PROPOSAL PACKAGE: All documents, whether attached or incorporated by reference, used for soliciting a proposal, response to a request for qualifications, or other proposal or offer to perform city work, and may include such documents as a notice, scope of work, form contract or other documents.

REQUEST FOR PROPOSALS: Soliciting to receive sealed proposals.

REQUEST FOR QUALIFICATIONS: Soliciting to receive statements describing the qualifications of potential bidders or offerors.

RESPONSIBLE BIDDER OR RESPONSIBLE OFFEROR: A person who has the capability in all respects to fully perform the contract requirements, and who has the integrity, capacity and reliability which will assure good faith performance.

RESPONSIVE BIDDER OR RESPONSIVE OFFEROR: A person who has submitted a bid or offer that conforms in all material respects to the bid package, proposal package, or other request.

SERVICES: The furnishing of labor, time, or effort by any person, and includes professional services.

SUPPLIES: All property, including equipment, materials and printing, but excludes land or a permanent interest in land. (Ord. 31-21, 2021: Ord. 64-97 § 2, 1997)

ARTICLE II. PROCUREMENT AUTHORITY

3.24.040: AUTHORIZED OFFICIAL:

   A.   The mayor shall designate a chief procurement officer, who shall be a person with demonstrated ability in public or comparable private procurement, and who shall serve as the city's officer for the purchase of operational supplies and services except as assigned in this code to other departments or divisions. The chief procurement officer shall have the authority to review all actions taken by the city with respect to the procurement of operational supplies and services, and to determine appropriate procurement actions. In addition, the chief procurement officer shall have the following duties:

      1.   Procure or supervise the procurement of all operational supplies and services needed by the city or any of its departments or divisions in accordance with this chapter; and

      2.   Propose rules for adoption by the mayor to govern the management and operation of the city's purchasing function for all kinds of supplies and services, except that rules relating to construction related supplies and services shall be proposed by the city engineer, and shall be approved by both the city engineer and the chief procurement officer prior to adoption by the mayor.

   B.   The city engineer is the city's officer for the purchase of construction related supplies and services except as assigned in this code to other departments or divisions. The city engineer shall have the authority to review all actions taken by the city with respect to the procurement of construction related supplies and services, and to determine appropriate procurement actions. In addition, the city engineer shall have the following duties under this chapter:

      1.   Procure or supervise the procurement of construction related supplies and services needed by the city or any of its departments or divisions in accordance with this chapter; and

      2.   Propose rules relating to the management and operation of the city's purchasing function for construction related supplies and services, which shall be approved by both the city engineer and the chief procurement officer prior to adoption by the mayor. (Ord. 64-97 § 2, 1997)

3.24.050: DELEGATION OF AUTHORITY:

With the approval of the mayor, the chief procurement officer and the city engineer, in their respective areas of authority, may each delegate in writing any authority granted under this chapter to designees, or to any department or division, as each shall deem prudent and appropriate. They may also make delegations of authority in case of emergency, absence or incapacity as each shall deem prudent and appropriate. (Ord. 64-97 § 2, 1997)

ARTICLE III. SOURCE SELECTION AND CONTRACT FORMATION

3.24.060: GENERAL REQUIREMENTS:

   A.   City procurement shall provide for the interest of the city, and shall be consistent with fair and equitable practices.

   B.   No contract or purchase shall be subdivided to avoid the requirements of this chapter.

   C.   The procurement rules may prescribe additional requirements consistent with the requirements of this chapter for bidding, proposals, and other procurement matters. (Ord. 64-97 § 2, 1997)