§ 3-35. Post solicitation waivers of solicitation and ordinance requirements.

(a)

City manager waivers. The city manager may waive any requirements imposed by any solicitation or by any city regulation if the city manager determines, that:

(1)

The failure to grant the waiver would result in a substantial increased cost to the city or harm other city policy or regulation and the requirement is one that would be waived for any bidder or proposer responding to the solicitation; or

(2)

The failure to grant the waiver would create a potential imminent threat to life, health, property, or essential operations of the city; or

(3)

It is in the best interests of the city to grant the waiver for any other reason consistent with protecting or enhancing city policies, city funds, city assets, or any consideration that benefits the city.

(b)

City council waivers. The city council at any time may waive any provision of the Code with regard to the solicitation or award of any city contract if it finds that:

(1)

The failure to grant the waiver would be detrimental to preserving the public health, welfare, safety or essential operations of the city; or

(2)

The waiver is necessary in order to participate in a purchasing pool or cooperative or a contract derived from a purchasing pool or cooperative; or

(3)

The good, supply, material, equipment or service is from a sole source; or

(4)

The failure to grant the waiver would result in an increased cost to the city, the requirement is one that would be waived for any bidder or proposer responding to the solicitation, and it is in the best interest of the city to grant the waiver; or

(5)

It is otherwise in the best interests of the city for any other reason as determined by the city council.

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