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The mayor, or his or her interim successor, may make an emergency procurement without advertising the procurement if rentals are not practicable and there exists a threat to public health, welfare or safety or for other urgent and compelling reasons. Failure to abide by the bid provisions in a timely manner is not an emergency. An emergency procurement shall be made with the competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of particular contractors shall be included in the contract file and shall be provided to the city council within seven days of the award of the contract.
(1992 Code, § 34.5-8) (Ord. 28-95, passed 2-21-1995; Ord. 51-10, passed 6-7-2010; Ord. 75-11, passed 10-3-2011)
If after advertising for bids for purchase of materials, supplies or equipment and either no bids or no firm competitive bids are received, the mayor, or his or her interim successor, may reject all the bids in the case of no firm competitive bid being received and may negotiate a contract for the purchase of the materials, supplies or equipment at the most advantageous price, provided that the materials, supplies or equipment meet the specifications of the original advertisement for bids. The mayor, or his or her interim successor, shall contact and attempt to obtain competitive quotations from at least three suppliers. The mayor, or his or her interim successor, shall maintain a record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor and shall be supported by a written justification filed with the purchasing agent of the city.
(1992 Code,§§ 34.5-9, 34.5-10) (Ord. 28-95, passed 2-21-1995; Ord. 75-11, passed 10-3-2011)
The city may purchase, lease, or engage in the following without advertising for competitive bids:
(a) Storm-caused debris removal services.
(b) Sewer cleanup services.
(c) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration.
(d) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous 12 months.
(e) Any equipment repair contract.
(f) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware, or perishable foods.
(g) Any purchase of surplus property from another purchasing agency.
(h) Any animals purchased.
(i) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in SDCL 5-18A-14.
(j) Any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services.
(k) Any purchase of equipment involving the expenditure of less than $50,000.
(1992 Code, § 34.5-12) (Ord. 25-96, passed 2-20-1996; Ord. 49-97, passed 7-7-1997; Ord. 8-99, passed 1-4-1999; Ord. 95-99, passed 9-20-1999; Ord. 55-00, passed 6-19-2000; Ord. 102-01, passed 11-13-2001; Ord. 8-03, passed 1-21-2003; Ord. 41-04, passed 4-19-2004; Ord. 51-10, passed 6-7-2010; Ord. 13-17, passed 1-17-2017)
(a) The capital program required by Article V of the charter shall be a five-year plan for annual capital acquisitions to meet capital needs for the city. It shall identify and project funding to finance each project.
(b) Capital improvements consist of capital acquisitions including, but not limited to, land, buildings, equipment and infrastructure improvements. Capital improvements shall be defined within the city’s accounting manual and become capital assets on the city’s balance sheets.
(c) All pooled development driven street projects shall be prioritized by the capital improvement program committee and approved by the city council.
(d) The city council may amend the current capital program by resolution.
(1992 Code, § 34.5-13) (Ord. 83-96, passed 8-5-1996; Ord. 25-01, passed 3-12-2001; Ord. 13-04, passed 2-9-2004; Ord. 82-05, passed 8-5-2005)
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