§ 3-7. Contract solicitation waivers; ordinances.

(a)

Unless otherwise prohibited by federal or state law, contract or grant terms, the following exceptions to the contract solicitation requirements in section 3-3 may be utilized:

(1)

Departmental waivers. Unless otherwise prohibited by the city manager, the director of the contracting department and the manager of procurement services are authorized to waive the solicitation requirements for any contract with an estimated cost of $160,000.00 or less if the director of the contracting department or the manager of procurement services explains based on the circumstances of the procurement, in writing, that:

a.

There exists a potential Major emergency or potential disaster as defined in section 2-85, Code of Ordinances; or

b.

There exists a potential imminent threat to life, health, property, or essential operations of the city; or

c.

Public solicitation would result in substantial increased cost for the city; or

d.

There is a construction emergency. Notwithstanding the $160,000.00 limitation in subsection (a)(1), the director is authorized to waive solicitation requirements for construction emergencies if the contract is estimated to cost less than $1,000,000.00.

No contract awarded pursuant to this subsection (a)(1) shall be amended or changed in a manner that would increase the city's maximum financial obligation by more than ten percent except upon the written approval of the city manager, nor shall a new contract be awarded to the same person or firm for the same project for which the original contract was awarded pursuant to such a waiver except upon public solicitation in compliance with section 3-3 or a waiver granted pursuant to section 3-35.

(2)

City manager and manager of procurement services waivers. The city manager and the manager of procurement services may waive the solicitation requirements if the city manager or manager of procurement services determines, in writing, that:

a.

There exists a potential major emergency or potential disaster as defined in section 2-85, Code of Ordinances; or

b.

There exists a potential imminent threat to public health, welfare, safety, substantial economic liability or essential operations or policies of the city; or

c.

Public solicitation would result in substantial increased cost for the city; or

d.

It is necessary to provide or continue to provide essential services or meet city contractual obligations.

(3)

Specialized waivers - design professional contract. Regardless of the initial dollar amount of any design professional contract, the city may elect to utilize the same design professional or a subcontractor thereto on a subsequent design phase or for additional design work without a new qualification based selection process provided that the subsequent phase or additional work is to be performed on the same project for which the design professional was originally selected. If the city and the design professional or subcontractor thereto cannot agree on reasonable compensation for the subsequent design phase or additional design work, the city shall solicit and award a design professional contract in the manner otherwise prescribed in this article.

(b)

Any ordinance required by section 3-41 and that authorizes a contract for which the city manager shall have granted a waiver shall include recitals setting forth the rationale supporting such waiver, provided however that the failure to include such recitals shall not invalidate any public improvement procurement or any contract.

(c)

The city manager, upon a written recommendation from the manager of procurement services, may waive the solicitation requirements imposed under this article if the waiver is in the best interest of the city.

(Ord. No. 130041, § 6, 3-21-13; Ord. No. 150447 , § 1, 6-18-15; Ord. No. 170963 , § 1, 4-19-18)