§ 39.10 NEGOTIATED PROCUREMENT ACTIONS.
   (A)   Purchase orders or written agreements shall be awarded without benefit of formal or informal bidding in one or more of the following cases. Negotiation methods may be used to award the contracts.
      (1)   Purchases required in the event of an emergency that necessitates the immediate purchase of goods or services.
      (2)   Purchases where the cost of the service is fixed by law.
      (3)   Purchases that can be procured through cooperative intergovernmental purchase agreements with other government jurisdictions.
      (4)   Sole source procurements, where the proposed purchase is manufactured by only one company.
      (5)   Purchases from a sole manufacturer, where it is determined to be more efficient and economical to reduce costs of maintenance of additional repair parts, suppliers or services.
      (6)   Purchases that have been preceded by competitive scaled bidding, where no responsive bidder has responded.
      (7)   Purchases under extensions of contracts when the same or lower price is extended for another year or part of a year. The maximum extensions shall not exceed five years without written notification to the Finance Officer.
      (8)   Purchases under intergovernmental agreements or contracts that require use of procurement procedures inconsistent with the provisions of this section.
      (9)   City share contracts that include contracts with developers for the construction of public improvements whereby the city shares in the cost of construction.
      (10)   Used, discontinued or otherwise unique equipment or commodities that become available (such as at an auction) or are offered only for a limited time and may be acquired below the cost of similar new items.
      (11)   Service on existing equipment when it is advantageous to the city to obtain parts, repair or service on existing equipment from a factory authorized dealer or distributor.
      (12)   Perishable supplies that cannot be purchased by ordinary procurement methods because of imminent spoilage or decay.
      (13)   Standardized parts, modules or accessories that will minimize excessive inventory or maintain compatibility with existing furnishings or installations.
      (14)   Open ended purchase orders or written agreements with local suppliers in order to provide for emergencies, reduced down time of equipment or projects, and for supplies and materials not stored in a city warehouse.
(Ord. passed 5-3-05)