13.29.060 Waivers and exemptions.
A. The City may waive the requirements of this chapter where the City Manager makes one or more of the following findings:
1. Award of a contract or amendment is necessary to respond to an emergency;
2. The contractor is a sole source;
3. No compliant contractors are capable of providing goods or services that respond to the City’s requirements;
4. The contractor is a public entity;
5. The requirements of this chapter are inconsistent with a grant, subvention or agreement with a public agency;
6. The City is purchasing through a cooperative or joint purchasing agreement;
7. The contract involves specialized litigation requirements such that it would be in the best interests of the City to waive the requirements of this chapter, as determined by the City Attorney;
8. The contract involves investment of trust moneys or agreements relating to the management of trust assets, City moneys invested in U.S. government securities or under pre-existing investment agreements, or the investment of City moneys where no person, entity or financial institution doing business with the City which is in compliance with this chapter is capable of performing the desired transactions or the City will incur a financial loss if the requirements of this chapter are enforced;
9. After taking all reasonable measures to find an entity that complies with this chapter, the City may waive any or all requirements of this chapter for any contract or bid package advertised and made available to the public, or any competitive or sealed bids received by the City as of the effective date of this chapter under the following circumstances:
(a) There are no qualified responsive bidders or prospective contractors who comply with this chapter and the contract is for goods, a service or a project that is essential to the City or City residents; or
(b) 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.
B. 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. 6623-NS § 1, 2001)