§ 39.41 EXCEPTIONS TO COMPETITIVE PROCUREMENT.

Notwithstanding any other provision in this chapter to the contrary, but subject to the limits of laws, the following procurements may be made without any competitive procurement process.

(A) Sole source. A purchase may be made or contract awarded without a competitive procurement process when there is only one reasonable and practicable source for the required goods or services because of the unique quality of the goods or services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the Procurement Policies and Procedures and be recommended for approval by the Purchasing Agent and be approved by the Council.

(B) City's best interest. Except where otherwise required by laws or by applicable funding conditions, goods and services may be obtained by negotiated contract and without a competitive procurement process, when the Council determines that, due to the nature of the goods or services, (1) a competitive procurement process is not likely to serve the best interests of the city or to result in the lowest price, or (2) there is a less expensive alterative (e.g. state contract, used equipment, etc.) that will serve the city equally as well.

(C) Emergencies. Notwithstanding any other provisions of this subchapter, upon determining that an emergency exists, as defined above, the Council or City Manager may dispense with otherwise applicable competitive procurement procedures to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage. An emergency procurement will be limited in scope and duration to the extent necessary to satisfy the emergency need. The City Manager must report to the Council any emergency purchase made and the basis therefor at the next Council meeting following the emergency procurement.

(D) Urgent purchases. The Purchasing Agent may authorize immediate purchases of goods or services up to $30,000, without compliance with otherwise applicable competitive procurement procedures, for goods or services that are required on an urgent

basis based on unforeseen and unforeseeable circumstances, if the Purchasing Agent determines that the time required for the applicable competitive procurement would outweigh the potential benefits under the specific circumstances. A procurement made on an urgent basis will be documented as specified in the Procurement Policies and Procedures. Lack of planning or reasonable foresight will not constitute justification for an urgent purchase.

ircumstances, if the Purchasing Agent determines that the time required for the applicable competitive procurement would outweigh the potential benefits under the specific circumstances. A procurement made on an urgent basis will be documented as specified in the Procurement Policies and Procedures. Lack of planning or reasonable foresight will not constitute justification for an urgent purchase.

(E) Purchases not susceptible to competitive bidding process. Except where otherwise required by laws or by applicable funding conditions, goods and services may be procured by negotiated contract and without a competitive procurement process, for procurements which are not readily adaptable to the open market and bidding processes. Such procurements include, but are not limited to: (1) utility services (telephone, gas, water, sewer and electricity) provided to city buildings and facilities, (2) franchises awarded by the Council, (3) insurance or bond premiums, and (4) subscriptions, memberships, software licenses, advertisements and travel expenses.

(F) Miscellaneous. Use of a competitive procurement process may be dispensed with if it would be impossible, impractical, or incongruous or when the amount involved is less than $5,000.

(G) Other. Competitive procurement processes may be dispensed with in accordance with any other section of the city Charter or this chapter that provides such an exemption, or by approval of the Council in accordance with laws. (Ord. 861-C.S., passed 9-19-17; Am. Ord. 892-C.S., passed 12-3-19)