HomeMy WebLinkAboutBack-Up from Law DeptSec. 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)
Page 1