(a) Emergency defined. For the purpose of this section only, an EMERGENCY constitutes a situation that threatens the public health, safety or welfare, and:
(1) Is unforeseeable;
(2) Calls for immediate action; and
(3) Cannot be responded to using established procurement methods.
(b) By Director and/or Manager. In case of an emergency that requires the immediate purchase of supplies or contractual services, the Director and/or Manager shall be empowered to secure by open market procedure and at the lowest obtainable price, any supplies or contractual service:
(1) Without City Council approval for amounts not exceeding $10,000.00 per vendor during a six (6) month period;
(2) With City Council approval for amounts exceeding $10,000.00 per vendor during a six (6) month period.
(3) Recorded explanation. The Director and/or Manager shall immediately file a report explaining the circumstances of an emergency purchase with the City Clerk to be entered into the minutes of the City Council and remain open to public inspection.
(c) By head of department. In case of an emergency which may result in the loss of:
(1) Life. The head of any agency may purchase directly any supplies or services necessary under the circumstances then in existence; or
(2) Property. The head of any agency may purchase directly only those supplies or services not to exceed $10,000.00 during a six (6) month period without the prior approval of City Council.
(d) Violation. Any person in violation of making an unauthorized expenditure as outlined in this section shall be guilty of a misdemeanor punishable by a $500.00 fine and/or ninety (90) days in jail upon conviction of the Court.
(Ord. 2553, passed 4-12-1976; Ord. 3714, passed 6-9-2008; Ord. 3744, passed 12-17-2008)