§ 39.02 APPLICATION OF PROVISIONS.
   (A)   This code applies to every expenditure of public dollars irrespective of their source, including federal assistance dollars, for the procurement of materials, supplies, services and construction. Nothing in this code shall prevent the city from complying with the terms and conditions of any grant, gift, bequest or cooperative agreements. Procurement actions involving federal or state funding shall comply with their mandatory rules that may not be reflected in this procurement code.
   (B)   The following procurement actions are not subject to this code:
      (1)   Intergovernmental agreements.
      (2)   Agreements negotiated by the Risk Manager or City Solicitor for the settlement of litigation or threatened litigation.
      (3)   Contracts awarded for professional witnesses for the purpose of providing testimony relating to existing or probable judicial proceedings.
      (4)   Contracts awarded for real property transactions.
      (5)   Other specific procurement actions based on recommendation of the Chief Executive Officer and approval by the Board of Mayor and Aldermen.
   (C)   Purchases made with federal funds, cither direct or pass through, will in addition to the requirements of the City Procurement Code adhere to the requirements of 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Such requirements include: Cash Management, Determination of Allowable Costs, Employee Travel, and Procurement of Sub-Recipient Monitoring. If federal requirements arc in conflict with the City Code then the federal requirements take precedence.
(Ord. passed 5-3-05; Am. Ord. passed 10-2-18)