The Commissioner of Purchases and Supplies is authorized to make noncompetitive purchases for the best price obtainable in the following circumstances:
(a) When the purchase is for the purpose of determining the fitness or suitability of any product to meet the special requirements of the City and is limited to the smallest amount sufficient for test purposes, in no event more than one thousand dollars ($1,000.00).
(b) Where emergency repairs or necessary replacement parts are required immediately for the continued operation of any automotive or other equipment involving an expenditure of not more than fifty thousand dollars ($50,000.00).
(c) When the director of the department involved requisitions the purchase of any commodity or article by brand name setting forth the reasons why no other commodity or article except the one specified is suitable for the intended use, when the amount involved is less than one thousand dollars ($1,000.00) and the Director of Finance has approved the purchase, and with the additional approval of the Mayor when the amount is more than one thousand dollars ($1,000.00) but not more than fifty thousand dollars ($50,000.00).
(d) The purchase of coal for the various divisions of the City shall be based on the certified copy of the analysis of the coal made by a recognized independent testing laboratory which shall be filed with the bid and made a part thereof, and the specified satisfactory burning quality of the coal in the equipment for which purchased. Conformity of the coal to the certified analysis shall be determined by chemical tests conducted by the City and the satisfactory burning quality of the coal shall be determined by test in use in the equipment for which the coal is purchased. Failure of the coal to meet the chemical test and the burning test shall be cause for rejection of the bid. The delivery of coal not meeting the chemical test and the satisfactory burning quality shall be cause for cancellation of the contract if a contract is awarded. The costs incurred by the City in making all chemical tests shall be charged to the bidder or contractor in the event that the coal tendered does not meet the tests. For the purpose of determining conformity to the chemical analysis and satisfactory burning quality of any coal proposed to be sold to the City, the bidder may be required to supply from one (1) to ten (10) car loads of the coal.
(Ord. No. 1737-08. Passed 12-8-08, eff. 12-10-08)