§ 2-13-270. Exemptions.

The following purchases shall be exempt from competitive procurement:

(1)

Agreements of purchase, loan, gift, exchange or sale of materials or services with a public governmental agency.

(2)

Leases, exchanges, or purchases of real property.

(3)

Purchases of utilities to include, but are not limited to water, sewer, gas, electricity, telephone, cable TV, cellular phone service.

(4)

Purchases of books, periodicals, films, training materials or advertising from the publishers and distributors or agents thereof which are administrative in nature and are determined to be non-competitive by the chief procurement officer.

(5)

Purchases of travel by public employees by common carrier or by public conveyance.

(6)

Purchases, exchanges, sales, or transportation of animals for the city to be used for exhibit.

(7)

Purchases of surety bonds, the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants

(8)

Purchases of advertising for activities and services provided by the city.

(9)

Purchases of parts and labor for equipment of machinery where a breakdown of this equipment or machinery could cause an emergency or costly condition to exist and where the machinery or equipment is in immediate danger of failure.

(10)

Purchases of parts and labor or maintenance agreements to repair disabled equipment or machinery if the equipment or machinery is repaired by a franchised dealer or by a factory authorized repair shop.

(11)

Purchases of chemicals, drugs, other controlled substances, the distribution and use of which is controlled by law or requires licensing, any other contraband which is purchased in furtherance of a criminal investigation and vehicles or equipment used in covert drug operations. Items purchased pursuant to this subsection do not need approval from the city commission, regardless of the amount of the purchase and provided that such purchases are made in compliance with internal policies approved by the city manager and the police chief.

(12)

Purchases of computer software including ancillary services, where such is required to match other software in use or where a unique or novel application (available from only one (1) provider) is required to be used in the public interest. This will include applicable initial and subsequent licensing fees and services to modify or maintain proprietary software, if such services are available from only a single provider.

(13)

Purchase, lease, rental or any other financial arrangement for the acquisition of works of art, artifacts, or other items for the purpose of exhibition in a public facility or area.

(14)

Payment for conference registration, membership dues, or any other similar issues which are administrative in nature and are determined to be noncompetitive by the chief procurement officer.

(15)

Purchases, rentals, leases (personal and real property), and professional/technical services contracts necessary for the investigation of criminal activities. The public safety department may purchase such materials and services without quotations, requests for proposals, or bids if such would compromise a criminal investigation as determined by the director of public safety. Consistent with this exemption it is still the intent of this purchasing procedure that all such purchases are made at the best available price. All funds expended for this type of activity will be properly receipted and accounted for.

(16)

Contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts.

(17)

Purchases not exceeding ten thousand dollars ($10,000.00) consisting of magazine subscriptions, web-based or electronic subscriptions, conference registration fees and other similar purchases where prepayments are required.

(Ord. No. 1185, § 27, 6-22-04; Ord. No. 1264, 4-25-06; Ord. No. 1491 , § 4, 4-14-15)