Title
RESOLUTION AUTHORIZING CITY OFFICIALS TO PURCHASE AND CONTRACT FOR SOFTWARE AND TECHNOLOGY PRODUCTS AND SERVICES, SUBJECT TO CITY ATTORNEY AND INFORMATION TECHNOLOGY REVIEW AND APPROVAL.
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CITY PROPOSAL:
WHEREAS, Chapter 41 of the Duluth City Code provides methods to purchase and contract for the following without prior council approval: (1) supplies and contractual services with estimated costs of $150,000 or less, and (2) contracts that are not subject to competitive bidding requirements involving expenditures of $50,000 or less;
WHEREAS, the city purchasing agent has the power to establish all rules and regulations for city procurement and has established a purchasing policy, and said purchasing policies establish thresholds for city department heads and city purchasing agent authority to purchase and contract for supplies and services without council approval when the estimated cost remains below the above thresholds;
WHEREAS, notwithstanding the above, the city generally requires council approval of all purchase orders and contracts-regardless of the estimated cost-containing terms and conditions that the city defend, indemnify, and hold city vendors, contractors, or other third parties harmless from potential future liabilities ("indemnification clauses"), recognizing that any such defense and indemnification constitutes an unencumbered and uncapped potential obligation that may exceed council approval thresholds;
WHEREAS, throughout the course of each year, the city enters into a large volume of purchase orders and agreements to use or acquire software and technology products and services-including but not limited to programs, licenses, websites, applications, subscriptions, physical hardware and components, and various software- and technology-related management, support, design, and communication services ("software and technology")- which are often critical components of the city's work and are necessary for city staff to carry out the...
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