§ 38.06 NONCOMPETITIVE NEGOTIATION.
   The city may contact or purchase through noncompetitive negotiation only when a written determination is made that competition is not feasible and it is further determined in writing by the City Administrator or his designee that:
   (A)   An emergency exists which will cause public harm as a result of the delay in competitive procedures; or
   (B)   There is a single source within a reasonable geographical area of the product or service to be procured; or
   (C)   The contract is for the services of a licensed professional, such as attorney, physician, psychiatrist, psychologist, certified public accountant, registered nurse, or educational specialist; a technician such as a plumber, electrician, carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided, however, that this provision shall not apply to architects or engineers providing construction management services; or
   (D)   The contract is for the purchase of perishable items purchased on a weekly or more frequent basis, such as fresh fruits, vegetables, fish or meat;
   (E)   The contract is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible;
   (F)   The contract is for proprietary items for resale;
   (G)   The contract or purchase is for expenditures made on authorized trips outside of the boundaries of the city.
   (H)   The contract is for the purchase of supplies which are sold at public auction or by receiving sealed bids;
   (I)   The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker's compensation insurance, and unemployment insurance; or
   (J)   The contract is for a sale of supplies at reduced prices that will afford a purchase at savings to the city.
(Ord. 09-09, passed 10-19-09)