The following purchases shall be exempt from the competitive requirements of this article, unless otherwise determined by the Chief Procurement Officer:
(A) Agreements for services of professionals selected pursuant to §§ 14-7-2-1 et seq., Selection Advisory Committee ordinance;
(B) Purchase of a software license or software subscription that does not exceed $10,000 per fiscal year, including services required to build, install, maintain or support the software, or that are otherwise associated with the acquisition of the license or subscription;
(C) Leases, licenses, permits, exchanges, or purchases of real property and all other real property transactions;
(D) Purchases from regulated utilities such as gas, electricity, water, telephone, cable TV, sewer and refuse collection service, unless competition is available and the annual cost will exceed $100,000;
(E) Purchases of books, periodicals, films, training materials, subscriptions (excluding software subscriptions), on-line information services, or advertising from the publishers and distributors or agents thereof;
(F) Purchases of travel by common carrier or by private conveyance and related travel expenditures such as meals and lodging;
(G) Purchases, exchanges, sales, or transportation of:
(1) Animals for the BioPark/Zoo, APD, and AFR;
(2) Food, medications, medical testing, or medical supplies for BioPark/Zoo animals; and
(3) Prescription animal food and medical testing supplies for use by the Animal Welfare Department.
(H) Purchases of surety bonds;
(I) Purchases of exotic plants which will be accessioned into a permanent collection maintained by the city;
(J) Short-term contracts for purchases of parts and labor for equipment or machinery if the machinery or equipment is in immediate danger of failure and such a breakdown of this equipment or machinery could cause an emergency or costly condition to exist;
(K) Purchases of parts and labor or maintenance agreements to repair disabled equipment or machinery if the equipment or machinery is required to be repaired by a franchised dealer or by a factory authorized repair shop to retain warranty;
(L) Purchases of chemicals, drugs, and other controlled substances, the distribution and use of which is controlled by law or requires licensing;
(M) Concession contracts expected to generate revenues to the contractor in an amount of $75,000 or less, over a 12-month period;
(N) Purchases of software and ancillary services required to match other software previously procured and in use. This includes licensing fees, maintenance fees, and services required to update, modify or maintain proprietary software;
(O) Purchase, lease, rental or any other financial arrangement for the acquisition of works of art, artifacts, or other items for the purpose of exhibition in a public facility or area;
(P) Payments for conference registrations, membership dues, offsite training courses, or similar minor purchases where prepayments are required;
(Q) Purchases necessary for the investigation of criminal activities, which, if purchased competitively, would compromise an investigation as determined by the Chief of Police in writing. All funds expended as described in this paragraph (Q) shall be properly receipted and accounted for with supporting documentation maintained by the Police Department and are subject to internal audit;
(R) Purchases of specialty goods, as defined by the Chief Procurement Officer, for resale to the general public at a retail business operated by the city;
(S) Agreements for the services of medical practitioners such as dentists, doctors, psychiatrists, psychologists, veterinarians, nurses, technicians, and the like, except that medical and mental health services for the Employee Health Center, and similar group medical services, shall be competitively obtained;
(T) Agreements for the services of attorneys, other than bond attorneys, and for legal assistants, except as otherwise provided in this article;
(U) Contracts and expenditures in connection with court or administrative proceedings, including, but not limited to, experts, mediators, interpreters, translators, court reporters, process servers, witness fees, and printing and duplicating of materials for filing;
(V) Agreements for the services of lobbyists;
(W) Agreements with a sports professional or team;
(X) Contracts with private, nonprofit, independent contractors whose primary purpose is to provide services to persons with disabilities, and which contracts provide employment opportunities for persons with disabilities;
(Y) Grant funded contracts with civic groups to provide community services, as required by the terms of the grant;
(Z) Contracts for retirement and other benefits which are paid for directly by city employees, except that employee health care insurance will be obtained competitively as otherwise provided in this article;
(AA) Contracts with professional entertainers and expenditures associated with those contracts;
(BB) Purchases of goods, and ancillary services such as installation or training, where required to match equipment currently in use and where a written standardization policy has been developed for such goods or ancillary services. This Includes applicable purchases and services to obtain, modify, or maintain equipment;
(CC) The purchase of goods or services for a reasonable trial period for testing purposes as approved by the Chief Procurement Officer; provided that if additional purchases are required after the trial period and testing, the subsequent purchase of such goods or services shall be subject to the requirements of this article;
(DD) The purchase of used items If available for a limited time, such as by auction or public sale, and if determined to be at a cost advantage to the city. A memorandom shall be submitted to the Chief Procurement Officer describing the steps taken to determine that a cost advantage to the city exists, and the Chief Procurement Officer's approval of the purchase is required; and
(EE) Contracts for city tourism promotion and marketing services with destination marketing organizations (DMOs) and associated expenditures.
('74 Code, § 5-7-20) (Ord. 6-1991; Am. Ord. 30-1998; Am. Ord. 4-2003; Am. Ord. 1-2005; Am. Ord. 30-2010; Am. Ord. 26-2011; Am. Ord. 2019-005; Am. Ord. 2022-045; Am. Ord. 2023-003) Penalty, see § 1-1-99