§ 2.32.060. Waivers and exemptions.

A.

The City Manager may waive the requirements of this chapter under the following circumstances:

1.

There is only one prospective contractor willing to enter into a property contract with the city for use of city property on the terms and conditions established by the city, or the needed goods, services, construction services for a public work or improvement, or interest in or right to use real property are available only from a sole source and the prospective contractor is not currently disqualified from doing business with the city, or from doing business with any governmental agency based on any contract compliance requirements;

2.

The contract or property contract is necessary to respond to an imminent emergency which endangers the public health or safety;

3.

The contract involves specialized litigation such that it would be in the best interests of the city to waive the requirement of this chapter;

B.

This chapter shall not apply where the prospective contractor is a public entity and the City Manager finds that goods, services, construction services for a public work or improvement or interest in or right to use real property of comparable quality or accessibility as are available under the proposed contract or property contract are not available from another source, or that the proposed contract or property contract is necessary to serve a substantial public interest.

C.

This chapter shall not apply where the requirements of this chapter will violate or are inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or agreement;

D.

After taking all reasonable measures to find an entity that complies with the law the City Manager may waive any or all of the requirements of this chapter for any contract, property contract or bid package advertised and made available to the public, or any competitive or sealed bids received by the city as of the date of the enactment of this ordinance under the following circumstances:

1.

Where there are no qualified responsive bidders or prospective contractors who could be certified as being in compliance with the requirements of this chapter and the contract or property contract is for goods, a service or a project that is essential to the city or city residents; or

2.

Where the requirements of this chapter would result in the city's entering into a contract with an entity that was set up, or is being used, for the purpose of evading the intent of this chapter, which is to prohibit the city from entering into contracts with entities that discriminate based on the criteria set forth in this chapter; or

3.

Where transactions entered into pursuant to bulk purchasing arrangements through federal, state or regional entities which actually reduce the city's purchasing costs would be in the best interest of the city.

E.

This chapter shall not apply to (1) the investment of trust moneys or agreements relating to the management of trust assets, (2) city moneys invested in U.S. government securities or under pre-existing investment agreements, or (3) the investment of city moneys where the City Treasurer finds that:

1.

No person, entity or financial institution doing business in the city and county which is in compliance with this chapter is capable of performing the desired transaction(s); or

2.

The city will incur a financial loss which, in the opinion of the City Treasurer, would violate his or her fiduciary duties.

This subparagraph E shall be subject to the requirement that the city moneys shall be withdrawn or divested at the earliest possible maturity date if deposited or invested with a person, entity or financial institution other than the U.S. government which does not comply with this chapter.

F.

Nothing in this section shall limit the right of the City Council to waive the provisions of this chapter.

G.

The requirements of this chapter shall not be applicable to contracts executed or amended prior to the effective date of this chapter, or to bid packages advertised and made available to the public, or any competitive or sealed bids received by the city prior to the effective date of this chapter, unless and until such contracts are amended after the effective date of this chapter and would otherwise be subject to this chapter.

(Ord. 12394 (part), 2001)