§ 2.04.020. Authority of the City Administrator.

A.

City Administrator's Purchase. The City Administrator shall have authority to bind the City by written contract or purchase order without previous specific action of the Council as follows:

1.

Supplies, Services or a Combination. Purchases up to two hundred fifty thousand dollars ($250,000.00) in any single transaction or term agreement; and

2.

Professional Services. Purchases up to two hundred fifty thousand dollars ($250,000.00) in any single transaction or term agreement.

B.

Advertising and Bidding or Solicitation. The City Administrator shall conduct competitive solicitation processes required in this chapter (Subsection 2.04.040.B.) for all purchases or contracts within City Administrator authority.

C.

Reports. The City Administrator shall present the following reports to the City Council on an annual basis:

General Report. A bi-annual report listing all purchases and contracts authorized by the City Administrator, or the City Administrator designee, within the City Administrator's contract authority during the preceding six-month period. The City Administrator shall post a list of all contracts in which she has authorized waivers of the advertising and competitive selection requirements under Subsection 2.04.042 D. or 2.04.051 B. of the Oakland Municipal Code.

D.

Findings Required for Service Contracts. The City Administrator shall make determinations required by Oakland Charter Section 902(e) for service contracts as follows:

1.

Professional Services Contracts. Contracts for professional services shall be of a professional, scientific or technical and temporary nature.

2.

Council Approval for Other Service-Only Contracts. The City Administrator shall submit all other service-only contracts to the Council for approval. Such contracts shall be in the public interest because of economy or better performance and must obtain a vote of two-thirds of the members of the Council.

3.

Loss of Employment or Salary. Contracts for professional services or service-only shall not result in the loss of employment or salary by any person having permanent status in the competitive service.

E.

Local Vendor Preferences. The City Administrator is authorized in the evaluation of all sealed, faxed and telephone bids for the purchase of supplies, to extend a two and one-half percent (2.5%) preference to local Oakland Certified Business Enterprises and an additional two and one-half percent (2.5%) preference to Oakland Certified Small Local Business Enterprises in award of all purchase orders.

The City Administrator shall semiannually prepare and submit to the City Council a report on participation by local and small local business enterprises in City contracts for the prior year.

F.

Emergency Supply and Services Procurement. In a situation deemed by the City Administrator to be an emergency for the immediate preservation of the public peace, health or safety, the City Administrator may authorize a contract or purchase order exceeding the City Administrator's non-emergency purchase authority in any one transaction, without advertising or previous specific action by the City Council, for the purchase of supplies or payment for services, or a combination thereof, to be furnished to the City. All emergency contracts awarded by the City Administrator shall be presented for informational purposes to the City Council within a reasonable time of contract execution.

G.

Emergency Professional Services and Consultant Agreements. In a situation deemed by the City Administrator to be an emergency for the immediate preservation of the public peace, health or safety, the City Administrator may authorize a contract exceeding the City Administrator's non-emergency purchase authority in any one transaction, without previous specific action by the City Council, for the payment for services, or a combination thereof, to be furnished to the City. All emergency contracts awarded by the City Administrator shall be presented for informational purposes to the City Council within a reasonable time of contract execution.

H.

City Administrator Authority During City Council Annual Recess. Notwithstanding the provisions of Subsections A. and B. of this section, during the month of August through the first City Council meeting in September, known as the annual recess of the City Council, as provided for in the City Council's Rules of Procedures, the City Administrator shall be authorized: (1) to bind the City, by written contract or purchase order, involving an expenditure not exceeding five hundred thousand dollars ($500,000.00), without previous specific action by the City Council, for the purchase of supplies or payment for services, or a combination thereof, in any one transaction, to be furnished to the City, subject to the availability of funds and procedures set forth in this article, including competitive bidding, and (2) to bind the City, by written contract, involving an expenditure not exceeding three hundred thousand dollars ($300,000.00) in any one transaction, subject to the availability of funds for the payment for professional services and consultant services furnished to the City and procedures set forth in this article, without previous specific action of the City Council. Contracts for professional services, supplies, services or combination that are in excess of the City Administrator's authority shall be subject to the City Council's recess agenda process and shall be presented to the City Council for ratification upon return from its annual recess.

I.

Apprentice Hiring and Local Hire. The City Administrator is authorized in evaluation of all sealed, faxed and telephoned bids for public works projects to require contractors to comply with the City's apprentice hire and programs as set forth in this Code.

J.

Living Wage. The City Administrator is authorized in evaluation of all sealed, faxed and telephoned bid and/or proposals for services to require contractors or consultants to comply with the City's living wage ordinance, as set forth under Chapter 2.28 of this Code.

K.

Prevailing Wage. The City Administrator is authorized in evaluation of all sealed, faxed and telephoned bids and/or proposals for public works projects to require bidders/contractors to pay prevailing wages as required under this Code.

L.

Oakland Specifications for Public Works Construction ("Greenbook"). The City Administrator is authorized in evaluation of all sealed, faxed and telephoned bid and/or proposals for public works construction to require bidders/contractors to comply with and perform construction in accord with the Oakland Specifications for Public Works Construction ("Greenbook"), as set forth in this Code. Notwithstanding the above, nothing herein is intended to limit authority of the City Council to modify the specifications for public works construction by legislative action on a case-by-case basis.

M.

Local and Small Local Business Enterprise (L/SLBE) Contracting Programs. The City Administrator is authorized in the evaluation of all sealed, faxed and telephoned bids for public works projects, for the purchase of supplies and in evaluation of proposals for professional services contracts, to require contractors to comply with, and to extend the benefits of, Oakland's L/SLBE construction, procurement and professional services contracting programs, as set forth in this Code.

N.

Equal Benefits Program. The City Administrator is authorized in the evaluation of all sealed, faxed and telephoned bids and/or proposals for services to require contractors or consultants to comply with the City's Equal Benefits Program requirements.

O.

Equal Benefits Program. The City Administrator is authorized in the evaluation of all sealed, faxed and telephoned bids and/or proposals for services to require contractors or consultants to comply with the City's Equal Benefits Program requirements.

(Ord. No. 13380, § 1, 7-19-2016; Ord. No. 12976, § 1, 11-3-2009; Ord. 12634 § 1 (part), 2004: Ord. 12388 § 4, 2001: Ord. 12071 § 1, 1998; Ord. 11724 § 1, 1994: Ord. 10447 § 1, 1984; Ord. 10066 § 3, 1981; Ord. 9739 §§ 2, 3 (part), 1979; Ord. 7937 § 2, 1969)