(A) Authority of City Council. In its capacity as Contract Review Board for the city, the City Council, upon its own initiative may create special selection, evaluation, and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in this section.
(B) Basis for approval.
(1) The approval of a special solicitation method or exemption from competition must be based upon a record before the City Council that contains the following:
(a) The nature of the contract or class of contracts for which the special solicitation or exemption is requested;
(b) The estimated contract price or cost of the project, if relevant;
(c) Findings to support the substantial cost savings, enhancement in quality or performance, or other public benefit anticipated by the proposed selection method, or exemption from competitive solicitation;
(d) Findings to support the reason that approval of the request would be unlikely to encourage favoritism or diminish competition for the public contract or class of public contracts, or would otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the solicitation requirements that would otherwise be applicable under these regulations;
(e) A description of the proposed alternative contracting methods to be employed; and
(f) The estimated date by which it would be necessary to let the contract(s).
(2) In making a determination regarding a special selection method, the City Council may consider the type, cost, amount of the contract, or class of contracts, number of persons available to make offers, and such other factors as it may deem appropriate.
(C) Hearing.
(1) The city shall approve the special solicitation or exemption after a public hearing before the City Council following notice by publication in at least one newspaper of general circulation in the city’s area.
(2) At the public hearing, the city shall offer an opportunity for any interested party to appear and present comment.
(3) The City Council will consider the findings and may approve the exemption as proposed or as modified by the City Council after providing an opportunity for public comment.
(D) Special requirements for public improvement contracts.
(1) Notification of the public hearing for exemption of a public improvement contract, or class of public improvement contracts, shall be published in a trade newspaper of general statewide circulation at least 14 days prior to the hearing.
(2) The notice shall state that the public hearing is for the purpose of taking comments on the city’s draft findings for an exemption from the standard solicitation method. At the time of the notice, copies of the draft findings shall be made available to the public.
(E) Commencement of solicitation prior to approval. A solicitation may be issued prior to the approval of a special exemption under this section, provided that the closing of the solicitation may not be earlier than five days after the date of the hearing at which the City Council approves the exemption. If the City Council fails to approve a requested exemption, or requires the use of a solicitation procedure other than the procedures described in the issued solicitation documents, the issued solicitation may either be modified by addendum, or cancelled.
(Ord. 610, passed 2-28-2005)