A. Uniqueness: Contracts which by their nature are not adapted to an award by competitive bidding, such as contracts for items available from a single source only, contracts for repair and maintenance of equipment already owned by the city which may be most efficiently performed by the originator of the equipment or its agent, contracts for the purchase of used equipment or items that are unique as to quality, condition and price, or contracts for a particular brand of equipment or product which is uniquely suited to the city’s needs by reason of training of its personnel or compatibility with existing equipment, shall not be subject to the competitive bidding requirements of this article. Notwithstanding the exception from competitive bidding requirements, the city shall advertise in the same manner as provided in section 1-10B-4A of this article, and request proposals prior to the purchase of items stated herein whenever it is reasonable to do so.

B. Auctions, Closeouts, Bankruptcy Sales: If the city manager determines that supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy, foreclosure or other similar sale, and if the city council makes a finding that such purchase can be made at a cost below the market cost in the city, the purchase may be made without complying with the competitive bidding requirements of this article if otherwise allowed by law.

C. Cooperative Agreements: Contracts available to municipalities that have been previously solicited by state and national cooperatives may be utilized. All cooperative contracts are subject to approval by the purchasing manager.

D. Approval Of City Council Required: An exception to bidding requirements under this section shall not eliminate the necessity of city council approval of any contract in the Tier 4 threshold. The only variation in the requirement for such approval shall be in the event of urgent time constraints creating an emergency or time-sensitive/market-driven purchase requirement, in which event an expenditure in the Tier 4 threshold may be authorized upon personal verbal approval of a majority of the council members after explanation of the circumstances, subject to formal ratification at the first public city council meeting after authorization of the expenditures. (Ord. 2018-04-004, 4-5-2018; amd. Ord. 2023-026, 10-19-2023)