Purchasing officers are authorized to acquire goods, services or construction through non-competitive negotiations under the following conditions providing a written determination is made that competitive negotiation is not feasible and a further determination is made that, at least, one of the following conditions has been met:
(A) The determination of an emergency and details of the procurement. An emergency condition is a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, storms of lightning wind or snow, epidemics, riots and equipment failures. The existence of such a condition creates an immediate need for supplies, services, or construction that cannot be met through normal procurement procedures and the lack of which would seriously threaten the functioning of the city government; the preservation or protection of property; or the health or safety of any person. When such conditions exist, the Mayor is authorized to purchase through noncompetitive negotiation. The determination of an emergency and the details of the procurement involved shall be reported to the Council at its next regular or special meeting.
(B) When there is a single source within a reasonably geographical area of a product or service to be procured, noncompetitive negotiation is authorized. When a particular necessity is temporarily unavailable on the market and the Mayor makes a written determinate to that effect, the Mayor shall have the authority to treat the situation as if there were a single source of services or product to proceed to procure the same by noncompetitive negotiation. Example: Gasoline, heavy equipment repair parts.
(C) A contract for the services of a licensed professional. Such contracts must be recommended by the Mayor and approved by the Council. (Ord., passed 3-3-80)
(D) The contract is for the purpose of perishable foods, such as meat, fish, poultry, egg products, fresh vegetables, and fresh fruits;
(E) The contract is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible;
(F) The contract is for proprietary items for resale;
(G) In school districts the contract relates to an enterprise in which the buying or selling by students is a part of the educational experience;
(H) The contract or purchase is for expenditures made on authorized trips outside of the boundaries of the local public agency;
(I) The contract is for the purchase of supplies which are sold at public auction or by receiving sealed bids;
(J) The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker's compensation insurance, and unemployment insurance;
(K) The contract is for sale of supplies at reduced prices that will afford a purchase at savings to the local public agency; or
(L) The contract is with a private real estate developer and contains a requirement:
(1) That the developer increase the size or otherwise improve the collection capacity of the sanitary sewer or storm water pipe serving the affected private real estate development; and
(2) That the local public agency pay only the proportional cost of increasing the size, or otherwise improving the collection capacity, of the sanitary sewer or storm water pipe over the original collection capacity.
(KRS 45A.380)