Sec. 118.107. - Nonprofits to receive funding through a competitive evaluated award process; waiver and disclosures.

(a) Except as provided for in Section 118.106 above, all City funds appropriated to nonprofit organizations shall be subject to a competitive evaluated award process under Chapters 118 or 126, Ordinance Code, as applicable. A "competitive evaluated award process" means that funding shall be competitively procured under the procedures set forth in Parts 6 or 8, Chapter 118 , or Part 3, Chapter 126 , Ordinance Code, via an evaluated bid process as outlined therein. This provision is specifically not intended to prevent the use of Section 126.108 (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), or (l), Ordinance Code. (b) Any waiver of subsection (a) above shall require: (1) A detailed explanation as to why the direct contract with the nonprofit is necessary, (2) Filing by the nonprofit of an affidavit, in a form approved by the Office of General Counsel, that indicates whether the Mayor, an appointed Department Director or Officer/Manager overseeing an Office of the Executive Branch, all personnel within the Office of the Mayor, with the exception of administrative support personnel, or a Council Member, or the spouse or children of the Mayor, an appointed Department Director or Officer/Manager overseeing an Office of the Executive Branch, all personnel within the Office of the Mayor, with the exception of administrative support personnel, or a Council Member, is or is not employed by the nonprofit organization or serves on the nonprofit Board of Directors, prior to filing of any legislation. Failure to submit an accurate affidavit shall cause the award to be voidable by the City. The affidavit shall be attached as an Exhibit to the filed legislation. (3) If the only connection listed in the affidavit is non-paid service on the Board of Directors of the nonprofit organization, the legislation can be filed without a solicitation of additional suppliers as set forth below. (4) If a connection in subsection (2) above is listed, subject to the exception outlined in subsection (3) above, prior to filing, the bill introducer, or the Mayor's Office if the bill is filed by the Council President on behalf of the Mayor, shall submit a requisition to the Procurement Division, on a form to be developed by the Procurement Division, to solicit additional suppliers who may be willing and able to provide goods or services via Request for Information ("RFI"). This RFI, which will incorporate the scope of the project and basic minimum requirements, will be posted on the website, by the Procurement Division, for a minimum 14-day period. The Purchasing Division shall notify the applicable using agency and potential bill sponsor of the posting and receipt of any responses. (5) If there is more than the one original response, the contract shall be competitively bid pursuant to Chapter 126 , unless the bill sponsor or the Mayor, as applicable, files legislation which shall include a statement as to the number of responses to the RFI. (c) Waiver of subsection (a) of this Section or any of the requirements in subsection (b) of this Section shall require approval of two-thirds of the Council members present. (Ord. 2021-761-E , § 1; Ord. 2025-285-E , § 1)