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(b) The specification of a product by brand name or mark, or the <br /> product of a particular manufacturer or seller, would result in <br /> substantial cost savings to the city; or <br /> (c) There is only one manufacturer or seller of the product of the <br /> quality required; or <br /> (d) Efficient utilization of existing equipment, supplies requires the <br /> acquisition of compatible equipment or supplies. <br /> (2) Authority of Purchasing Agent. The purchasing agent sha~l have <br /> authority to determine whether an exemption for the use of a specific <br /> brand name specification should be granted by recording findings that <br /> support the exemption based on the provisions of subsection (1)~ <br /> (3) Brand Name or Equivalent. Nothing in this section 2.1435 prohibits <br /> the city from using a "brand name or equivalent" specification, from <br /> specifying one or more comparable products as examples of the quality, <br /> performance, functionality or other characteristics of the product needed <br /> by the city, or from establishing a qualified product list under ru~es <br /> adopted by the purchasing agent. <br /> <br />2.1440 Public Contracts - Bid, Performance and Payment Bonds. <br /> (1) Solicitation Agent May Require Bonds. The solicitation agent may <br /> require bid security and a good and sufficient performance and payment <br /> bond even though the contract is of a class that is exempt from the <br /> requirement under this section 2.1440. <br /> (2) Bid/Proposal Security. Except as otherwise exempted, the invitation to <br /> bid or request for proposals for all contracts that include the construction <br /> of a public improvement shall require bid or proposal security. <br /> (3) Performance Bonds. <br /> (a) General. Except as provided in sections 2.1400 to 2.1450 of this <br /> code, all public contracts are exempt from the requirement for the <br /> furnishing of a performance bond. <br /> (b) Contracts involving public improvements. Prior to executing a <br /> contract for more than $50,000 that includes the construction of a <br /> public improvement, the contractor must deliver a performance <br /> bond in an amount equal to the full contract price conditioned on <br /> the faithful performance of the contract in accordance with the <br /> plans, specifications and conditions of the contract, The <br /> performance bond must be solely for the protection of the city and <br /> any public agency that is providing funding for the project for which <br /> the contract was awarded. <br /> (c) Cash-in-lieu. The purchasing agent may permit the successful <br /> offeror to submit a cashier's check or certified check in lieu of all or <br /> a portion of the required performance bond. <br /> (4) Payment Bonds. <br /> (a) General. Except as provided in sections 2.1400 to 2.1450 of this <br /> code, all public contracts are exempt from the requirement for the <br /> furnishing of a payment bond. <br /> <br />Ordinance <br /> <br /> <br />