(A) The bidding requirements set forth in this chapter may be waived, at the discretion of the Purchasing Officer, when any of the following is applicable:
(1) The product is proprietary;
(2) After a reasonable attempt has been made to obtain bids, and it has been determined by the Purchasing Officer that three bids cannot be obtained;
(3) The Purchasing Officer finds that emergency conditions require the immediate purchase of supplies or equipment. For the purpose of this section,
EMERGENCY PURCHASES are those procurements required to prevent the immediate interruption or cessation of necessary city services or to safeguard life, property or the public health and welfare;
(4) The Purchasing Officer determines that due to the nature of the supplies or equipment, formal bidding is not likely to result in the lowest price;
(5) Sufficient, satisfactory bids are not received;
(6) Supplies or equipment are procured through a cooperative purchasing program with the federal, state, county or other public agencies;
(7) The commodity is unique, including, but not limited to, acquisition of data processing, telecommunications and word processing equipment, goods and services;
(8) The product or service can be obtained from only one vendor (sole source); and
(9) The purchase of a specific brand name, make or model is necessary to match existing city equipment or facilitate effective maintenance and support.
(B) The bidding requirements of this chapter may be waived by the City Council when, in the opinion of the City Council, compliance with the procedures is not in the best interest of the city.
(Ord. 2008-02, passed 10-1-2008)