§ 3-4.12 EXCEPTIONS; EMERGENCY, SOLE SOURCE, COOPERATIVE PURCHASING, NEGOTIATED PURCHASES.
   The city may dispense with bidding procedures for purchasing goods or services or proposal procedures for professional services in any of the following circumstances:
   (A)   Emergency. In an emergency situation as defined in § 3-4.02.
   (B)   Sole or limited source. When required goods or services are unique, of a proprietary nature, or of specific design or construction, then quotation or bidding procedures could be meaningless. Examples include hardware, software or communications equipment. In these cases, the using department shall keep a written record of the basis for this determination which shall be approved by the City Manager and Finance Director.
   (C)   Cooperative purchasing. If such purchases or services are based on an agreement or cooperative purchasing program entered into by any of the following, regardless of whether the city is a named party to the agreement or an actual participant in such a program:
      (1)   Any public agency situated within the United States, if the underlying purchase was made using competitive procurement procedures substantially similar to the city’s; or
      (2)   The California Multiple Award Schedules (CMAS). (Pub. Cont. Code § 10298 or other authority); or
      (3)   Sourcewell, a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling law Minn. Stat. § 123A.21.
   (D)   Not further the public interest. The goals of competitive bidding and purchasing procedures are: conserve public funds through reduction in cost and improvement in quality of goods and services procured; treat all prospective contractors and consultants in a fair manner; to eliminate favoritism, fraud and corruption in the awarding of public contracts; and to comply with applicable federal, state and local laws, including regulations of any funding sources for the procurement. In unique situations, the City Manager and City Attorney may determine in writing that these goals would not be met by engaging in the bidding procedures outlined in this chapter.
(Ord. 2044-C-S, passed 11-9-10; Am. Ord. 2194-C-S, passed 5-11-21)