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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)
about:blanlc 3/10/2016