A. The city manager may waive the requirements of this chapter under any of the following circumstances:
1. There is only one prospective contractor willing to enter into a contract with the city for use of city property on the terms and conditions established by the city, or the needed goods, services, construction services for a public work or improvement, or interest in or right to use real property are available only from a sole source and the prospective contractor is not disqualified from doing business with the city, or from doing business with any governmental agency based on any contract compliance requirements.
2. Where, after taking all reasonable measures to find an entity that complies with the requirements of this chapter, the city manager determines there are no qualified responsive bidders or prospective contractors who could be certified as being in compliance with the requirements of this chapter and the contract is for goods, a service or a project that is essential to the city or city residents.
3. The contract is necessary to respond to an imminent emergency that endangers the public health or safety.
4. The contract involves specialized legal services such that it would be in the best interests of the city to waive the requirement of this chapter.
B. This chapter shall not apply where the requirements of this chapter will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement.
C. This chapter shall not apply to transactions entered into pursuant to cooperative purchasing agreements approved by the city council or through legal contracts of other governmental jurisdictions or public agencies without separate competitive bidding by the city. (Ord. 2004-061 § 1)