(a) Emergencies. Upon determining that an emergency exists, City Manager may dispense with otherwise applicable competitive procurement procedures and signature authority requirements to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage, up to an amount not to exceed $250,000. 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 City Council any emergency purchase made and the basis therefore at the next City Council meeting following the emergency procurement.
(b) Small value procurement. Competitive procurement shall not be required when the value of the goods, professional services, or nonprofessional services is equal to or less than $5,000.
(c) Sole source. Procurement may be made or contract awarded by the City Council 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.
(d) Piggyback. Procurement may be made or contract awarded without a competitive procurement process by the City Council when competitive procurement has been conducted by another public agency and the price to the City is equal or better than the price to that public agency.
(e) Cooperative purchasing. Procurement may be made or contract awarded without a competitive procurement process by the City Council when goods or services may be obtained through cooperative purchasing.
(f) Interagency. Formal and/or informal bidding is not required when the contract and/or purchase is able to be performed by another governmental agency.
(g) Used, leasing or renting equipment. Formal and/or informal bidding is not required when the contract and/or purchase is for used, leased or renting equipment.
(h) The procurement of services from the following specified professional classifications, without regard to the dollar amount of the contract, is exempt from the competitive process, but shall be selected based on qualifications: financial services, actuaries, psychologists, medical doctors, entertainers and performers, claims consultants, insurance brokers, attorneys-at-law and consultants and experts used during the ongoing course of litigation in which the City, or any boards, commissions, officers or employees are involved.
(i) Purchases not supported by competitive bidding process. Except where otherwise required by law or by applicable funding conditions, goods and services may be procured without a competitive procurement process by the City Council 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 City Council;
(3) Insurance or bond premiums;
(4) Subscriptions, memberships, software licenses, and advertisements; and
(5) Law enforcement services.
(j) No bids received. Procurement may be made or contract awarded without a competitive procurement process when no bids are received.
(k) City Council waiver. Notwithstanding any provisions of this Chapter, the City Council may waive procurement requirements for goods and services by a four-fifths vote upon making written findings that it is in the City's best interest to do so.
(l) Exemption from competitive procurement. Agreements for professional services may be executed without observing the bidding procedures provided if the City Council or City Manager determines that an informal or formal competitive process is unnecessary because a professional services provider is the best provider for a particular agreement based on some or all of these factors: demonstrated competence; qualifications for the types of services to be performed; experience; knowledge of the City due to a long-standing relationship; reasonableness of cost to perform work; or other similar relevant criteria.
(m) City Council-approved on-call panels for professional and general services. The City Manager, or their designee, may maintain a City Council-approved on-call panel of pre-approved firms qualified to perform the type of professional or general services required. When such an on-call panel is maintained, the competitive selection procedures are waived. Award of tasks under on-call contracts shall be rotated among the pre-approved firms with no single firm receiving a substantial majority of similar work during the fiscal year. Recognizing that certain firms on an on-call panel may have particular expertise for certain types of projects, the rotation of firms may be limited in these cases based on the professional judgment of City staff. Each on-call firm, unless otherwise stated at the time of contract award by the City Council, shall be eligible to receive work in an amount up to $50,000 per fiscal year without the need for additional City Council approval. Whenever the work awarded to a single on call panel firm exceeds $50,000 in a fiscal year, City Council approval of the additional work is required.
(Ord. 247, passed 5-8-2024)