(A) The negotiated process may be used instead of advertisement for bids if the amount exceeds $30,000 in the following circumstances:
(1) An emergency exists;
(2) Bids exceed available funds; or
(3) The contract is for professional services.
(B) Before an emergency is declared, the County Judge shall determine whether or not the delay in obtaining bids will result in danger to health, safety or property.
(C) The County Judge shall certify the existence of any emergency and file a copy of such certificate with the chief financial officer of the county (the Treasurer).
(D) In the event all bids submitted are in excess of funds available, the County Judge shall prepare a written determination that there are no additional funds available as to permit an award to the responsible bidder with the lowest and best bid and that delay in advertising for additional bids is not in the best interest of the county.
(E) The Fiscal Court must approve all circumstances in which the negotiation process is used.
(Ord. 21.230-1, passed 7-8-2021)