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(A) When required. Contracts shall be required for leases (or other real estate agreements) and for all services and professional services in the amount of $50,000 or more.
(B) Grants with the federal or state government.
(1) Required documentation. All grants with the federal or state government, otherwise exempt from certain provisions of this chapter, shall be documented in writing and executed as set forth in § 38.072.
(2) Required review. All federal or state government grant requests and applications other than those for the Board of Education shall be reviewed by the Office of the City's Budget Director prior to submission.
(3) Required approvals. All grant applications and contracts may be subject to approval by the Board of Aldermen if required by federal or state law or as may be otherwise set forth in this code. Notwithstanding the exemption of grants from any other provisions of this Chapter 38, the city will not execute a written agreement pertaining to grants that require matching funds by the city, unless approved by the Board of Aldermen.
(C) Grants with other agencies.
(1) Required documentation. All grants with agencies other than the federal or state government (other agencies), which are otherwise exempt from certain provisions of this chapter, shall be documented in writing and executed as set forth in § 38.072.
(2) Required review. All other agencies grant requests and applications shall be reviewed by the Office of the City's Budget Director prior to submission.
(3) Required approvals. All other agencies grant contracts shall be subject to review and approval of the Director of Finance and Corporation Counsel. Notwithstanding the exemption of grants from any other provisions of this Chapter 38, the city will not execute a written agreement pertaining to grants that require matching funds by the city, unless approved by the Board of Aldermen.
(D) Sale, lease or rental of city property. Rental, lease, purchase and lease/purchase agreements shall be subject to the requirements of this chapter for competition. The Director of Purchasing shall determine the method of selection and issue a written determination relating thereto. The forgoing notwithstanding, any agreement to transfer or dispose of any city held interest in real property is subject to the following requirements.
(1) The Director of Purchasing shall instruct the City Planner to compile and maintain a list of all real property in which the city may have an interest which, in the opinion of the City Planner, are eligible for transfer or disposition by the city. The list shall, for each interest in real property appearing thereon, include a description of any conditions to which any such transfer or disposition must be subject in order to ensure the property's use in compliance with any city plan, neighborhood revitalization plan or other similar plan or plans, (as that term is defined under applicable laws, statutes and ordinances), which may have been adopted by, or is otherwise in effect, at the time of the transfer or disposition. The City Planner shall make determinations as to the ownership of any such real property in which the city is suspected to have an interest only after consultation with the Corporation Counsel.
(2) Any such transfer or disposition must first be requested in writing by, or recommended in writing by, the using agency, if any, having direct control over the interest in, real property prior to its transfer or disposition and the City's Property Manager (as designated by the Director of Finance). If any such request or recommendation is made by the Property Manager without identifying a using agency having direct control over the interest, the Property Manager's request or recommendation shall state the reasons for concluding that no using agency is identifiable. If a request or recommendation for such a transfer or disposition is made by a using agency, then the request or recommendation must be forwarded to the Property Manager for approval of the transfer or disposition prior to initiating further proceedings to effectuate the transfer or disposition.
(3) The city may entertain requests for transfer or disposition of any interest in real property from members of the general public and the requests shall be directed to the Property Manager. Upon receipt of such a request by the Property Manager, the Property Manager shall have the discretion to refuse to process the request. Any refusal to process the request shall, upon the request of any interested party, be subject to review by the Board of Aldermen and, upon a simple majority vote thereof, may be overridden.
(4) If a request for transfer or disposition as contemplated under division (D)(3) above is received and a decision to process the same is made, either by the Property Manager or by the Board of Aldermen subsequent to a review of a refusal by the Property Manager, the Property Manager must then determine which using agency has direct control over the interest in real property and obtain the using agency's written approval of the transfer or disposition. If no such using agency can be identified, the Property Manager shall state in writing the reasons for concluding that no using agency is identifiable.
(5) Prior to approving any transfer or disposition, the Property Manager shall be responsible for assuring that the interest in real property sought to be transferred or disposed of appears upon the aforementioned list prepared by the City Planner. If the interest does not appear on the list, then the Property Manager must obtain written authorization for the City Planner for the transfer or disposition. The City Planner's authorization must also state any and all conditions, as mentioned in division (D)(1) above, to which any such transfer or disposition must be subject or state that no such conditions exist.
(6) After obtaining any and all approvals as may be required pursuant to divisions (D)(1) through (5) above, the Property Manager shall, subject to the approval of the Purchasing Director, choose the method of solicitation of bids to be used relative to the given transfer or disposition. Thereafter, and after consultation with the Director of Purchasing and the Corporation Counsel, the Property Manager shall prepare any required solicitation documents relative to the transfer and disposition of the interest in real property in question. The documents shall include, amongst other things, any relevant selection criteria as recommended by the Director of Purchasing. Upon the completion of the solicitation documents, they shall be presented by the Property Manager to the Director of Purchasing for final approval. The Director of Purchasing shall, thereafter and after consultation with the Corporation Counsel, either approve or reject such solicitation documents. In the event that the documents are rejected the Director of Purchasing shall, by any reasonable means, inform the Property Manager of the perceived deficiencies and of the Director of Purchasing's recommendations for curing the same. Upon curing any such deficiencies, the solicitation documents shall be resubmitted to the Director of Purchasing for approval. Upon ultimate approval of the solicitation documents, the Director of Purchasing shall provide written notice thereof to the Property Manager and to the Corporation Counsel. After the approval by the Director of Purchasing, the Director of Purchasing shall advertise such solicitation or provide such other notice of the proposed transfer or disposition as he deems appropriate under the solicitation method being employed. Any approvals given by, or actions taken by, the Director of Purchasing under this division (D)(6) shall be given or taken in a manner which the Director of Purchasing reasonably deems to be consistent with the principles of competition which are applicable to the solicitation of procurements under this chapter and any restrictions or exceptions provided for in relation to effectuating the principles hereunder.
(7) Upon the receipt of responses to any solicitation as contemplated in division (D)(6) above, the Director of Purchasing shall open them in a manner the Director deems to be consistent with the provisions applicable to the solicitation of procurements under this chapter and shall, thereafter establish a committee to review the same. The committee shall consist of, at a minimum, the Director of Purchasing the Property Manager and the Chief Executive Officer of the Waterbury Development Corporation or his designee. The Mayor may, however, elect to participate on the committee, or to appoint a designee to do so in his stead, if the Mayor deems it to be in the city's best interest to do so. The committee shall either reject all bids or choose one bidder as the successful bidder based upon the selection criteria identified in the solicitation documents.
(8) The Property Manager shall prepare a recommendation to award a contract for the transfer or disposition in question to the successful bidder chosen as contemplated under division (D)(7) above. The Property Manager shall submit the recommendation to the City Plan Commission for a report pursuant to Conn. Gen. Stat. § 8-24, as the same shall be amended from time to time. The Property Manager shall, after a failure of the City Plan Commission to act within the requisite statutory time period or upon issuance of a report by the City Plan Commission, submit the recommendation, and a copy of any related City Plan Commission report, to the Board of Aldermen for action pursuant to the applicable provisions of the Charter of the city as same may be amended from time to time.
(9) The Property Manager shall be responsible for providing the Board of Aldermen, with any and all information required, including evidence of value if applicable and copies of all bids or responses received by the city in pursuant to the solicitation of the bids or responses relative to any given property, to evaluate and take action on any such recommendation. The Property Manager shall, furthermore, be responsible for obtaining any and all appraisals for properties for which, in the Board's opinion as evidenced by resolution of the Board, a transfer or disposition may be subject to referendum pursuant to the applicable provisions of the Charter of the city, as same may be amended from time to time.
(10) No such transfer or disposition as governed by this section shall be effectuated without the terms thereof having first been included in a contract executed by the city and the successful bidder. Such contract shall be in a form as provided by the Corporation Counsel and shall be subject to any and all other legal requirements relating to approvals of contracts to which the city is a party including approval requirements contained in any applicable state statute, the Charter of the city, this chapter and any other applicable provisions of the code of ordinances.
(11) Any assignment by the city of any liens it may own, as may be authorized pursuant to the state general statutes, shall be exempt from the provisions of this chapter and shall be governed by the applicable state statutory provisions. Nothing herein, however, shall prohibit compliance with any provisions of this chapter in relation to any such assignment if doing so would be in city's best interest.
(Ord. passed 6-20-2005)