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6.A. - Page 16 of 17
<br />Sec. 2.67.4. OTHER EXCEPTIONS TO COMPETITIVE PROCUREMENT REQUIREMENTS:
<br />Notwithstanding any provision in this Article to the contrary, the following Contracts may be let
<br />without any Competitive Bidding Process.
<br />A. Sole Source. A purchase may be made or Contract awarded without a Competitive Bidding
<br />Process when there is only one reasonable and practicable source for the required goods,
<br />materials, equipment, supplies or Support Service because of its uniqueness, quality,
<br />durability, availability, compatibility with existing City programs, equipment or systems or
<br />fitness for a particular use. Such a sole source purchase must be determined to meet these
<br />requirements and be recommended for approval by the City Manager and shall be approved
<br />only on the affirmative votes of at least five (5) members of the City Council.
<br />B. $10,000 or Less in Value. Goods, materials, equipment, supplies, Support Services,
<br />Professional Services, and Public Works Projects, valued at Ten Thousand Dollars ($10,000)
<br />or less may be contracted without a Competitive Bidding Process but shall be obtained at a
<br />reasonable price in a manner that best meets the needs of the City.
<br />C. City's Best Interest. Except where otherwise required by federal law or by reason of the
<br />source of funding for the project, goods, materials, equipment, supplies and Support Services
<br />may be obtained by negotiated Contract and without a Competitive Bidding Process, when
<br />the City Council determines that, due to the nature of the goods, materials, supplies,
<br />equipment, or Support Services, (1) a Competitive Bidding Process is not likely to serve the
<br />best interests of the City or to result in the lowest price, or (2) there is a less expensive
<br />alternative (e.g. State contract, used equipment, etc.) that will serve the City equally as well.
<br />Such motion shall be approved only on the affirmative votes of at least five (5) members of
<br />the City Council.
<br />D. Emergencies. "Emergency procurement" means Public Works Projects or the purchase of
<br />goods, materials, equipment, supplies or Support Services that are required to remedy a
<br />situation where the health, safety, welfare or quality of welfare of the public or public property
<br />is endangered or severely reduced if (1) immediate corrective or preventive action is not taken,
<br />(2) the emergency will not permit a delay resulting from a Competitive Bidding Process, and
<br />(3) that the action is necessary to respond to the emergency. Notwithstanding any other
<br />provisions of this Chapter, the City Council or City Manager, if the City Manager is acting as
<br />the Emergency Director, upon finding that there exists an emergency situation as described
<br />herein, may enter into emergency Public Works Projects and make emergency purchases of
<br />goods, materials, equipment, supplies or services, provided that such emergency
<br />procurements shall be made with such competition as is reasonably practicable under the
<br />circumstances. An emergency Public Works Project or purchase shall be limited to those
<br />Public Works Projects and Goods and Services necessary to satisfy the emergency need.
<br />The City Manager shall report to the City Council any emergency Public Works Project or
<br />purchase made and the basis therefor at the next City Council meeting following such action.
<br />E. Other. Competitive Bidding Processes may be dispensed with in accordance with any other
<br />Section of the City Charter or this Article that provides such an exemption (e.g. highly
<br />specialized Professional Services exemption under Section 2.66.2).
<br />F. Purchases Not Susceptible to Competitive Bidding Process. Except where otherwise required
<br />by federal law or by reason of the source of funding for the project, Goods and Services may
<br />be obtained without a Competitive Bidding Process where such purchases are not readily
<br />adaptable to the open market and bidding processes. Such purchases include, but shall not
<br />be limited to: (1) utility services (telephone, gas, water, sewer and electricity) provided to City
<br />buildings and facilities, (2) franchises awarded by the City Council, (3) insurance or bond
<br />ATTY/ORD.514/PURCHASING ORDINANCE
<br />REV: 03-17-2020 RL
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