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Sec. 18-90. Emergency procurements.
In case of emergency, it is not advantageous or practicable for the city to use competitive
bidding methods. Therefore, the city may purchase directly those goods or services whose
immediate procurement is essential to the life, health, welfare, safety or convenience of the city.
Such emergency procurements shall nevertheless be made with such competition as may be
practicable under the circumstances.
(1) In seeking a waiver of competitive bidding methods for emergency procurements that
do not exceed $25,000.00, the head of the using department or office shall submit to
the chief procurement officer in writing a full explanation of the circumstances of the
emergency and the reasons for selection of a particular firm, along with a list of others
which may have been solicited, with an approved requisition by the director of the
requesting department.
(2) In seeking the waiver of competitive sealed bidding methods for emergency
procurements exceeding $25,000.00, the head of the using department or office shall
submit to the chief procurement officer and the city manager in writing a full
explanation of the circumstances of the emergency and the reasons for selection of a
particular firm, along with a list of others which may have been solicited, and
certification of fund availability from the director of the department of management and
budget. The city manager may then waive competitive sealed bidding requirements
after making a written finding, supported by reasons, that an emergency exists. Such
finding must be ratified by an affirmative four -fifths vote of the city commission or an
unanimous vote of the quorum that exists because of either abstentions or vacancies
resulting from resignation, death, suspension, or physical incapacitation at the next
available city commission meeting.
(3) Notwithstanding anything to the contrary contained in this Code, the city manager may
direct the chief procurement officer to purchase directly those goods and/or services
required by the urban search and rescue task force when activated to perform its
obligations under the existing provisions of the memorandum of understanding with
the state and/or the Federal Emergency Management Agency (FEMA). Such
emergency procurements shall nevertheless be made with such competition as may
be practicable under the circumstances. If necessary, the city manager may waive
competitive sealed bidding methods for such emergency procurements, after making
a written finding, supported by documentation that the urban search and rescue task
force has been officially activated. Such finding and waiver must be ratified by an
affirmative four -fifths vote of the city commission or an unanimous vote of the quorum
that exists because of either abstentions or vacancies resulting from resignation,
death, suspension, or physical incapacitation at the next regularly available city
commission meeting for contracts exceeding $25,000.00.
All emergency awards shall be filed and maintained by the purchasing department as a
permanent and public record of the purchase.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 13170, § 2, 5-13-10)
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