Prior to the adoption of Ord. 19271 on 10/16/2006, Section 2-460 read as follows.


    (a)    Except as otherwise provided in this article, all contracts for projects authorized by Section 2-459(b) and all contracts for purchases of supplies, materials, equipment and services which have not been specifically authorized by the city council shall be entered into only after a competitive bidding process or a request for proposals process.

    (b)    The purchasing agent may enter into contracts for emergency purchases without following a competitive bidding process or a request for proposals process.  “Emergency purchases” are purchases necessitated by nonrecurring emergency situations posing a substantial danger to the health, safety and welfare of the citizens or of a risk of substantial financial loss to the city unless the required supplies, materials, equipment or services are obtained as expeditiously as possible.  The department head requesting an emergency purchase shall certify that the purchase is an emergency within the meaning of this section by a memorandum which sets forth the nature of the emergency.  If the purchasing agent and the department head do not agree that the proposed purchase is an emergency purchase, the matter shall be referred to the city manager for final decision.

    (c)    The purchasing agent may enter into contracts with sole source suppliers and governmental entities without following a competitive bidding process or a request for proposals process.  “Sole source suppliers” are suppliers of supplies, materials, equipment or services which are unique or which are not available from more than one competitive source in the normal course of business.  The purchasing agent shall certify in writing that each purchase from a sole source supplier under this subsection meets the requirements of this subsection.

    (d)     The city manager may enter into contracts for professional and other services without following a competitive bidding process or a request for proposals process when factors such as prior experience, skills, education, local knowledge or unique knowledge are considerations in selecting the contractor.  The city manager may waive attorney conflicts of interest if the manager determines that the waiver is in the City’s interest.  This subsection shall not apply to contracts for auditing services for the annual fiscal audit or to contracts for architectural, engineering and land surveying services.

    (e)    The purchasing agent may enter into contracts for specialized services relating to art conservation, restoration, archiving and installation without following a competitive bidding process or a request for proposals process when the required services are not widely available and when factors such as experience and local knowledge play an important role.  The department head requesting these services shall document and certify that the proposed contract meets the requirements of this subsection.

    (f)    The city manager and purchasing agent are encouraged to pursue informal bidding and requests for proposals in the above categories of exceptions whenever time and business conditions permit.

(Code 1964, § 2.790; Ord. No. 13511, § 1, 11-16-92; Ord. No. 15991, § 1, 5-3-99; Ord. No. 018178. § 2, 7-19-04)