161.04 EXCEPTIONS AND ALTERNATIVES TO COMPETITIVE BIDDING.
   Pursuant to Charter Section 8.02, the exceptions and alternatives to the requirement for competitive bidding set forth in this chapter are deemed to be in the best interest of the City.
   (a)   No or Rejected Bids. If no bids are received after the advertisements or other solicitations required by this chapter, or if all bids are rejected, the Mayor shall have the authority to either seek new competitive bids, or to obtain the goods and/or services for which funds have been appropriated through competitive bargaining without further legislative authorization, whichever is deemed to be in the best interest of the City.
   (b)   Used Equipment or Utilities. Regarding contracts for the purchase of used equipment or utilities such as gas, water, electricity or telephone service for which funds have been appropriated, the Mayor shall have the authority to enter into contracts through competitive bargaining without further legislative authorization.
   (c)   Professional Services. Pursuant to Charter Section 8.02(F), contracts for professional services are not subject to competitive bidding requirements and shall not require further legislative authorization where the operating budget provides sufficient funding.
   (d)   Cooperative Purchasing Programs. As an alternative to both competitive bidding and competitive bargaining, the Mayor shall have the authority to obtain goods and/or services for which funds have been appropriated through cooperative purchasing programs without further legislative authorization. As part of any cooperative purchasing program, the Mayor may agree that the City will be bound by contract terms and conditions prescribed by that program, including, without limitation, payment of a reasonable fee by the City to cover the administrative costs incurred by the program officials as a result of purchases by the City. The Mayor may also agree that the City will pay the vendor directly for items received by the City.
   (e)   General. Pursuant to 8.02(C) of the Amended Charter, Council, by a vote no less than five (5) members may wave the competitive bidding requirement with respect to a particular contract. (Ord. 40-11. Passed 6-20-11.)