§ 2-377. Competitive bidding; written contracts.

(a)

Before making any purchase or contract for supplies, materials, equipment or contractual services, opportunity shall be given for competition, as prescribed herein. All expenditures for supplies, materials, equipment or contractual services involving more than, nine thousand, nine hundred ninety-nine dollars ($9,999.00) excluding automobiles, shall be made on a written contract, as prescribed herein, and such contract shall be awarded to the lowest and most responsible bidder, if awarded.

An emergency purchase is required when the city experiences an emergency that warrants the immediate delivery of goods or services and in doing so, are unable to comply with the competitive bidding provisions.

The city council has determined that approval under this provision is automatically granted when:

(1)

The public's health, safety or welfare requires the immediate delivery of goods or the performance of services.

(2)

The award of any such contracts is made pursuant to the provisions of competitive bidding.

(3)

Contracts are issued in response to a formal declaration of an emergency by the governor or mayor.

(4)

Approval of the purchase shall be made at the next scheduled meeting of the city council.

(b)

The formal bid procedure defined in subsection (a) is not required in the following cases:

(1)

When the city council, by a vote of the majority of those members present, waives a formal bid procedure;

(2)

When the goods or services to be procured are procurable from only one (1) source, such as contracts for telephone service, electrical energy and other public utility services; books, pamphlets, periodicals, specifically designed business and research equipment and related supplies;

(3)

Where the services required are for professional, artistic skills or insurance, pursuant to a written contract;

(4)

In emergencies involving public health, safety or where immediate expenditure is necessary for repairs to city property in order to protect against further loss of or damage to the city property to prevent or minimize serious destruction of city services;

(5)

Contracts for the maintenance or servicing of equipment, which are made with the manufacturer or authorized service agent of equipment when the maintenance or servicing can best be performed by the manufacturer or authorized service agent where such a contract would otherwise be advantageous to the city;

(6)

When the goods or services are procured from other governmental agencies or their contracts;

(7)

Purchase and contracts for the use or purchase of data processing equipment or data processing systems software and reproduction equipment; or

(8)

When the goods or services are procured from government-related state-wide or national associations.

(c)

None of the exceptions detailed above shall void the city's responsibility to procure all goods and services at reasonable and competitive rates.

(Code 1959, § 19-2; Ord. No. 1998-10, § 1, 6-15-98; Ord. No. 2004-03, § 1, 4-5-04; Ord. No. 2012-02, § 1, 3-5-12; Ord. No. 2016-03 , § 1, 4-4-16)