3.02.060 Classification of expenditures.
A. Except as otherwise provided herein, any expenditure by the city for supplies, services or construction for more than seven thousand five hundred dollars and less than or equal to fifty thousand dollars shall be made pursuant to the informal bidding procedures set forth in Section 3.02.100. Purchases may also be allowed using “exempt expenditures” procedures as outlined in subsection (E) of this section.
B. Except as otherwise provided herein, any expenditure by the city for supplies, services or construction for more than fifty thousand dollars shall be made pursuant to the formal bidding procedures set forth in Section 3.02.110. No expenditure greater than fifty thousand dollars shall be made without the written approval from the city manager or his/her designee. Any expenditure of one hundred thousand dollars or more must be approved by the city council.
C. Construction and Public Works Projects. As determined by the city council and/or the city manager, projects relating to construction projects shall be directed by the department head and/or city engineer and follow the procedures as set forth in this chapter.
D. Expenditures to Resolve Claims and Lawsuits. Expenditures to resolve claims or lawsuits against or by the city may be made without obtaining quotes or bids but should be made with as much due diligence as practicable under the circumstances.
E. Exempt Expenditures. The following expenditures of the city shall be referred to as “exempt expenditures” and may be made without formal or informal bidding procedures but should be made with as much competition as practicable under the circumstances. Except where noted, the procurement officer shall determine that an expenditure falls within one of these exemptions. All exempt expenditures shall be reviewed by the city council on at least a monthly basis.
1. Minor. Any expenditure amounting to less than or equal to seven thousand five hundred dollars.
2. Sole Source. An expenditure where a service, product, or requirement is only available from a single vendor. Examples include a supply or service of a unique or specialized nature, and only one known vendor is available to meet the need, and specific parts, accessories, equipment, materials, services, proprietary commodities, or other commodities needed to meet the city’s needs. Sole source procurements must be approved in writing by the department head, the procurement officer, and either another department head or a representative from the finance department or city attorney’s office.
3. Emergency. See Section 3.02.070 for procedures to follow.
4. State Bidding. Any expenditure for which competitive bidding or price negotiation has already occurred on the state level. In the event state contract vendors are unable to fulfill the contract in a reasonable time frame, the City may purchase from another potential vendor willing to honor all aspects of the state contract.
5. Interlocal Cooperation. Any expenditure made in conjunction with an agreement approved by the city council between the city and another city or governmental entity.
6. Joinder. Any expenditure made by joining or using a contract originated by another government entity or national cooperative organization with the approval of the city council.
7. Professional Services. Any expenditure for professional services which by their nature are not reasonably adapted to award by competitive bidding and require elevated degree of specialized knowledge and discretion, including labor, effort, or work. Examples of expenditures qualifying for a professional services exemption include:
a. Accounting;
b. Architecture;
c. Artistic endeavors;
d. Auditing;
e. City planning;
f. Construction design and management;
g. Engineering;
h. Financial services;
i. Information technology;
j. Law;
k. Materials testing;
l. Medicine;
m. Psychiatry;
n. Surveying; and
o. Underwriting.
Contracts for such expenditures shall be awarded at the discretion of the city manager based on the recommendation of the department head or procurement officer. If the city manager determines that competitive bidding for certain professional services would benefit the city, the procedures set forth in Section 3.02.130 must be followed.
8. Special Sale. Any expenditure made in conjunction with any public auction, closeout sale, bankruptcy sale or other similar sale when the procurement officer determines in writing that such purchase may be made at a cost below the market cost for the same or similar goods and such determination is reviewed and approved by the city council.
9. Exchanges. Any exchange of supplies, materials, property, or equipment between the city and any other public or private party made by mutual agreement of the respective parties.
10. Federal or State Funds. In cases where federal or state funds are being used and where federal or state purchasing laws or procedures govern the types of goods or services being procured, the city shall follow the applicable federal or state purchasing law or procedures in lieu of the procedures set forth in this policy.
11. Gift or Bequest. In complying with the terms and conditions of any bequest to the city, if such action is approved by the city manager in writing and is otherwise consistent with law, the department buyer may procure without competitive bids.
12. Compatibility Parts and Training. A department head or designee may procure without competitive bids equipment and supplies which, by reason of the training of city personnel who service such equipment, or which is an addition to or for the repair or maintenance of equipment owned by the city which may be more efficiently added to, repaired or maintained by a certain brand, person or firm. In such cases the department head shall submit written documentation to the procurement officer.
13. Utah Correctional Industries. Supplies, services, or construction produced by Utah Correctional Industries may be purchased without seeking competitive quotes or bids. (Ord. 2023-02 § 1 (Exh. A); Ord. 2018-12 § 1 (Exh. A (part)); Ord. 2014-07 § 1 (Exh. A (part)); Ord. 8/10/2010O-6 § 1 (Exh. A (part)); Ord. 2/16/2010O-2 § 1 (Exh. A (part)); Ord. 4/21/2009O-7 § 1 (Exh. A (part)); Ord. 10/02/2007O-14 § 1 (Exh. A)(2.7.207); Ord. 1/20/2004O-15 (part). Formerly 2.28.260)