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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. <br /> The purchasing agent shall 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. <br /> 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 rules <br />adopted by the purchasing agent. <br />2.1440Public Contracts - Bid,Performance and Payment Bonds. <br />(1)Solicitation Agent May Require Bonds <br />. 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. <br /> 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 />Ordinance - 12 <br /> <br />