Purchases of supplies and equipment for city use shall be made and accomplished in conformity with §§ 34.26 through ', except:
(A) Emergency purchases. The city is not required to engage in either informal or formal competitive bidding in an emergency. The City Council delegates to the CEO the authority to waive any procedures in the purchasing guidelines that are not statutorily mandated when making emergency purchases of supplies, equipment, materials or services. “Emergency purchases” shall be made only for the reasons of preserve or protect life, health or property or upon natural disaster or forestall a shutdown of essential public services. The CEO may sign contracts to be later ratified by the City Council up to any amount as deemed necessary.
(B) Sole source purchases. Commodities and services that can be obtained from only one vendor are exempt from competitive bidding. Sole source purchases may include, but are not limited to, proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area or a certain product proven to be the only acceptable option. All sole source purchases shall be supported by written documentation signed by the appropriate department head and forwarded to the Finance Director or designee. Final determination of whether or not an item is a valid sole source purchase will be made by the Purchasing Officer or designee. A sole source decision is not permitted merely upon the grounds that such approach is the most convenient or that the subject is preferred by the staff.
(C) Cooperative purchases.
(1) Cooperative purchasing is used by municipalities or states in the purchase of goods and services. This arrangement offers the participants significant economies of scale. Although one municipality may issue specifications and receive bids, each entity independently executes its own contract, administers the procurement function, and finances the purchase.
(2) This is an acceptable practice that allows municipal agencies to “piggy-back” on contracts and bids for services and supplies issued by a wide range of other governmental agencies. Cooperative purchasing agreements may be entered into with state, local governments, and non-profit entities.
(D) Purchase order exemptions. Certain purchases are not readily adaptable to the open market and formal bidding process. These purchases are generally for items where the competitive bid process or obtaining quotes is not applicable or where a check is required to accompany the order. Following is a list of allowable exemptions:
(1) Advertisements and notices;
(2) Membership dues;
(3) Insurance claims and premiums;
(4) Utility payments;
(5) Subscriptions; and
(6) Travel expense/advances.
(E) When the City Council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same.
(‘83 Code, § 3.08.040) (Ord. 819, passed - -81; Am Ord. 845, passed - -82; Am. Ord. 1101, passed 5-17-95; Am. Ord. 1457, passed 12- 2-20)