Prior to the adoption of Ord. 018178 on 07/19/2004, Section 2-460 read as follows.

    (a) All contracts and purchases of supplies, materials, equipment and services shall be let only after an opportunity for public bid or request for proposals, except as hereinafter provided.

    (b) Notwithstanding the preceding provisions, when supplies, materials, equipment or services are of a kind or nature such that their acquisition may be facilitated and the offering better evaluated through a request for proposals, the city manager shall, in his discretion, authorize such a request for proposals. Unless authorized by budget, such proposals shall be accepted only after council authorization.

    (c) The following supplies, materials, equipment and services may be obtained at the discretion of the city manager by negotiation or informal requests for proposals, provided that all such contracts, unless authorized by budget, shall be approved by the council:

    (1)    Emergency purchases. Those 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.

    (2)    Sole source supplier. Those purchases of supplies, materials, equipment or services which are not available from more than one competitive source in the normal course of business, or purchases of unique supplies, materials, equipment or services. This exemption shall not apply to the purchase of real estate.

    (3)    Professional services. Those professional services which are not fungible and in which factors such as prior experience, skill, education or local or unique knowledge play an important role. This exception shall not apply to the retention of auditing services for the annual fiscal audit.

    (4)    Governmental entity suppliers. Those purchases of supplies, materials, equipment or services which are offered by any other governmental entity.

The department head requesting an emergency purchase under subparagraph (1) shall certify that the purchase is an emergency within the meaning of subparagraph (1) by a memorandum which sets forth the nature of the emergency. The head of the purchasing division shall certify by memorandum that each purchase and/or supply obtained under provisions of subparagraph (2) herein falls within the requirements of this section. The city manager shall certify that each contract for professional services meets the requirements of subparagraph (3) above.

    (d) It shall be the policy of the city to encourage competitive business practices through public bidding or requests for proposals wherever possible and feasible. The city manager is encouraged to pursue informal bidding and requests for proposals in the above categories of exceptions whenever time and business conditions permit.

    (e) The city council may, by ordinance, establish special procedures and guidelines for procurement of architectural, engineering and land surveying services.

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