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(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)
The Director may inspect, or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
(a) Inspection by agency. The Director shall have the authority to authorize agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such agencies under rules and regulations which the Director shall prescribe.
(b) Tests. The Director shall have the authority to require chemical and physical tests of samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the City government or of any outside laboratory.
(Ord. 2553, passed 4-12-1976)
All using agencies shall submit to the Director, at such times and in such form as he shall prescribe, an inventory of all supplies which are no longer used or which have become obsolete.
(a) Transfer. The Director shall have the authority to transfer surplus supplies to other agencies.
(b) Sale. The Director shall have the authority to sell all supplies which have become unsuitable for public use, or to exchange the same for, or trade in the same on, new supplies.
(Ord. 2553, passed 4-12-1976)
ARTICLE V. UNIFORM CITY INCOME TAX
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