§ 6-308. Contracts.

(1)

All formal written contracts to which the City is a party, except those executed pursuant to paragraph (5)(c) of this section, shall be signed by the Mayor or, under the Mayor's authorization, by the Chief Administrative Officer or the Director of Property Management. Contracts may be proposed by any officer, department or board but, before being presented for signature, shall be approved by the Department of Law as to form and legality. The City shall establish and maintain a program to encourage disadvantaged business enterprises to participate in any such contracts.

(2)

Prior to signature, contracts involving financial obligations by the City shall be approved also by the Department of Finance as to the availability of funds in the amounts and for the purposes set forth therein. Such contracts shall not extend beyond the term for which an appropriation to finance such obligations shall have been made. This paragraph shall not apply to obligations for the procurement of services from regulated utilities, telecommunication services, and sanitation services.

(3)

All construction of public buildings shall be done by contract in conformity with applicable state or municipal law.

(4)

Contracts for the leasing of property belonging to the City for periods of more than one year shall be subject to requirements which may be imposed by ordinance.

(5)

(a)

Except in the purchase of unique or noncompetitive articles, competitive bids shall be secured before any purchase, by contract or otherwise, is made or before any contract is awarded for construction, alteration, repair or maintenance or for the rendering of any services to the City, other than professional services, and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder after advertisement prescribed by ordinance or by applicable state or municipal law.

(b)

Contracts for professional services administered by the offices, departments, boards, and other agencies of the Executive Branch shall be awarded on the basis of a competitive selection process which shall be established by executive order of the Mayor. The competitive selection shall be made by a selection committee composed of at least three (3) individuals from within local government with relevant subject matter expertise who will review and evaluate proposals and make selections in meetings noticed and open to the public. The Committee's records shall be public. The Mayor shall not be a member of any such selection committee but may authorize, by executive order, exceptions to such competitive selection process resulting from emergencies that pose a threat to public health, safety, and welfare, as authorized by law.

(c)

Contracts for professional services administered by the Council, pursuant to its Charter functions, legislative authority and responsibilities, and regulatory authority and responsibilities, shall be awarded on the basis of a competitive selection process which shall be established by rule of the Council. Such contracts shall be signed by the Council president upon authorization by Motion adopted by a majority of the entire membership of the Council, except that pursuant to Section 4-403(2), contracts to employ special counsel shall require a two-thirds vote of the Council's entire membership. The Council rule may except contracts executed solely to assist the office of an individual councilmember.

(d)

Each such order or rule and any amendment thereto shall be published once in the official journal and shall be the subject of a public hearing at least seven days prior to its effective date. The Executive Branch or Council competitive selection processes may include a threshold amount below which the competitive selection process shall not be required. The amount of the threshold shall be established by ordinance.

(6)

The Director of Finance shall require of successful bidders a performance bond and, where appropriate, a labor and materials bond. The Director may in the exercise of sound discretion permit a bidder to file an annual bond to cover bids that may be made by, or the performance of contracts that may be awarded to, such bidder during an annual period. Such bond shall be in such amount as the Department of Finance may determine and may be increased or decreased from time to time as the Department may require, in order to keep it commensurate with the bids made or contracts awarded during the annual period.

(7)

The Council may by ordinance provide for the manner of executing other contracts and may in the case of any contract require the signatures of other officers in addition to those specified in this Section as it may deem proper for the protection of the interests of the City.