Ordinance No. 19574 - Laserfiche WebLink

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value the city will realize from disposal of the surplus property. ~5} When the purchasing agent finds an emergency exists because of circumstances that could not have been reasonably foreseen which require prompt action and that prompt acquisition of goods, services or both is necessary or desirable for. the safety, well bung or preservation of life or property, ~s}he may waive any Of the requirements of sections 2.1220 to 2.1245 when awarding a public contract. when a contract for $25,000 or more is awarded after such a waiver, at the next meeting of the council following the waiver, the purchasing agent shall submit a written report stating with specificity the emergency conditions necessitating prompt execution, the pro- visions waived, the public contracts far $25,000 or more awarded under this subsection, and the length of time the emergency conditions are expected to persist. Upon rece~v~ng the purchasing agent's report required by this sub- sect~on, the council may modify or reject the decisions of the purchasing agent. 1n any event, any contract awarded under this subsection must be awarded within 60 days following the declaration of the emergency by the pur- chasing agent, unless the council grants an extension. Furthermore, the cost of contracts awarded under this subsection shall not exceed the unexpended appropriation for operating contingencies. At the conclusion of emergency authorization, the purchasing agent shall submit to the council another written report of the public contracts awarded under waivers for $25,OV0 or more during the emergency. 2.1240 Public Contracts - S ecificatians; Use of Brand Name or Mark. ~~} Unless the product is exempt under subsection 2.12402} or ~3}, spec~f~cat~ons for public contracts shall not expressly or im licitl p y require any product by brand name or mark, nor the product of any particular manufacturer ar seller. ~2} Specifications far pubic contracts may require a product by brand name or mark, ar the product of a particular manufacturer or seller if: ~a} The product is copyrighted; fib} There is only one manufacturer or seller of the product of the quality required; or ~c} The efficient use of existing equipment or supplies re- qu7res acqu~s~t~on of compatible equipment or supplies, ~3} Specifications for public contracts may require a product by brand name or mark, or the product of a particular manufacturer or seller if the purchasing agent finds: ~a} It is unlikely that the exemption will encourage favor- ~tism ~n awarding the public contract yr substantially diminish competition for public contracts; and fib} The specification yields substantial savings to the city. ~4} A prospective bidder may, up to five days before the deadline for receiving bids, appeal ~n writing to the council any specification adopted pursuant to subsection ~3}. The notice of appeal shall state the reasons for the protest and any proposed changes to the specifications. Unless the appellant and the council agree to a longer period, an appeal shall be heard within 15 days of the receipt of the notice of intent to appeal. At least 10 days before the hearing, the city manager shall mail notice of the time and location of the hearing to the appellant. The council shall hear and deter- mine.the appeal on.the basis of the appellant's written statement, the pur- chas~ng agent's written report of his or her findings and the praduct~s} Ordinance - 6