The following transactions are exempt from the competitive bidding requirements of this chapter. The City Manager shall determine whether or not a particular contract or purchase is exempt under the following criteria:
A. When the provisions of this chapter would prevent the City from complying with the terms and conditions of any grant, gift, or bequest that is otherwise consistent with law.
B. When any purchase or encumbrance is made with State or Federal funds and the applicable State or Federal laws or regulations are in conflict with this chapter to the extent that following the provisions of this chapter would jeopardize the use of those State or Federal funds, such conflicting provisions of this chapter shall not apply and the City officials making such purchases shall follow the procedure required by the State or Federal laws or regulations.
C. Emergency contracts which require prompt execution of the contract because of an imminent threat to the safety or welfare of the public, or public or private property; circumstances which place the City or its officers and agents in a position of serious legal liability; or circumstances which are likely to cause the City to suffer financial harm or loss, the gravity of which clearly outweighs the benefits of competitive bidding in the usual manner. The City Manager or Mayor shall notify the City Council of any emergency contract which would have normally required their approval at the next regularly scheduled City Council meeting.
D. Projects which are acquired, expanded, or improved under the Local Building Authority Act.
E. Purchases from vendors or suppliers who are a sole source of the goods or services under procurement. If any sole source procurement exceeds forty thousand dollars ($40,000.00), notice of the sole source procurement shall be published in a newspaper of general circulation in the State or a newspaper of local circulation in the area at least ten (10) days before the public meeting to approve the purchase or contract by the City Council.
F. Purchases from State or local surplus property agencies or entities or purchases from entities under State-awarded equipment contracts.
G. The selection of personal service contracts shall be based on an evaluation of the services needed, the abilities of the contractors, the uniqueness of the service and the general performance of the contractor. The lowest quote need not necessarily be the successful contractor. Usually, emphasis will be placed on quality, with cost being the deciding factor when everything else is equal. (Ord. 2018-10)