Part 2 — CONTRACT TYPES

A public works contract includes a contract paid for in whole or in part out of public funds for the construction, alteration, repair, improvement, reconstruction or demolition of any public building, facility, street, sidewalk, utility, park or open space improvement, or other public improvement.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A contract for goods includes a contract or purchase order for the purchase of supplies, materials or equipment, including, without limitation, office supplies, janitorial supplies, furnishings, equipment, machinery, tools, vehicles, computer hardware and software and other personal property, materials or goods. A contract for goods includes a blanket purchase order contract, where a specified quantity of units to be purchased is not established at the time the contract is executed. A blanket purchase order contract must establish a maximum dollar amount of expenditure for the contract and set forth pricing terms for the items to be purchased. A contract for goods may include labor incidental to the purchase of goods, including any set-up, installation, and testing services.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A general services contract includes a contract providing for work, labor or services not requiring specialized experience, knowledge or training with or without the furnishing of goods, materials, supplies or equipment, including, without limitation:

(a) Maintenance of public buildings, streets, parks and playgrounds and other public improvements;

(b) Repair, modification and maintenance of equipment or other goods;

(c) Licensing, installation and maintenance of or relating to information technology property, goods and services, including, without limitation, computer hardware and software, and data storage services, unless the information technology services would require specialized certification, knowledge, expertise, or training are needed and provided;

(d) Janitorial services, uniform cleaning, tree trimming, street sweeping, power washing and landscape maintenance;

(e) Leasing or licensing of goods and other personal property for use by the city; and

(f) General class instruction, including, without limitation, recreation class instruction services.

(Ord. 5494 § 7, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A professional services contract includes a contract for services which involves the exercise of professional discretion and independent judgment based on specialized certification, knowledge, expertise or training. These services may include, without limitation, those provided by accountants, actuaries, auditors, appraisers, architects, attorneys, engineers, financial advisors, information technology experts, instructors, and environmental and land use planners.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A contract for wholesale utility commodities and services include a contract with a private or public supplier of utility commodities and services or other counterparty (in the case of gas or electricity) for the purchase or sale-incidental-to-purchase of water, gas or electricity and all related supplemental or ancillary services, and any other energy-related contract, including, without limitation: transmission; renewable energy credits; offsets; allowances; energy procured via a “feed in tariff,” and regulatory compliance instruments. A contract for wholesale utility commodities and services further includes, without limitation, a master agreement containing general terms and conditions that provide for the execution of one or more purchase or sale-incidental-to-purchase transactions under the terms of a standard form contract and any exhibit, addendum or confirmation.

(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A contract for dark fiber optics licensing services includes a contract with any person, including, without limitation, a telecommunications or non- telecommunications carrier, an internet services provider, a distributed antenna system services provider, or a small cell technology services provider for the licensing of city-owned, installed and maintained dark fiber optics and related facilities, if any, located in the public rights-of-way and public utility easements. A telecommunications carrier includes any person subject to the Telecommunications Act of 1996, as amended, or other federal law now or hereinafter in effect.

(Ord. 5494 § 8, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)

A contract for goods or services necessary to protect the public health, safety, and welfare in the event of an emergency. An emergency means and includes an urgent unforeseen event that threatens life, property, or the general public health, safety and welfare, including, without limitation, an emergency declared by the Federal Emergency Management Agency. The City Manager is authorized to conclude an emergency exists without further declaration by the Council.

(Ord. 5387 § 1 (part), 2016)