§ 321-89. Contract; Emergency Procurement.

(a)

Emergency. Notwithstanding any other provision of this chapter, when there exists a threat to public health, welfare or safety under emergency conditions defined in procedures promulgated by the city purchasing agent requiring the immediate procurement of services, supplies, materials, construction, demolition or equipment, the city manager, upon recommendation of the city purchasing agent and the head of the department involved, may waive any advertising, contract, and surety requirements prescribed by statute or ordinance and the pre-award requirements of the equal employment opportunity program of the city of Cincinnati prescribed by ordinance and authorize the purchase, by purchase order, of the needed services, supplies, materials, construction, demolition or equipment from the lowest and best bidder as disclosed by competitive bids which may be either oral or written. A record of all emergency purchases of supplies, services and construction in excess of $100,000 shall be reported to city council semi-annually. Furthermore, the city purchasing agent may authorize emergency purchases of $100,000 and less without additional approval of the city manager being required to approve the nature of the emergency.

When normal procurement requirements are waived, all possible steps shall be taken to secure maximum competition in the procurement of the needed supplies, services, or construction; and any warranted follow-up in regard to the equal employment opportunity program shall be made.

A written determination of the basis for the emergency and for the selection of a particular contractor shall be included in the contract file and in the recommendation to the city manager or board or commission on purchases in excess of $100,000.

(b)

Imminent Danger. Notwithstanding any other provision of this chapter, when there exists a disaster, or an imminent threat or danger to public health, welfare or safety requiring the direct action of a director or the commissioner of health, such director or commissioner of health may waive any advertising, formal contract, and surety requirements prescribed by statute or ordinance and the pre-award requirements of the equal employment opportunity program of the city of Cincinnati prescribed by ordinance and authorize the purchase of the needed services, supplies, materials, construction, demolition or equipment from the best bidder as disclosed by informal competitive bids which may be oral or written. If the cost is expected to exceed $100,000, the director or the commissioner of health shall obtain the verbal approval of the city manager or the deputy city manager, or if the cost is expected to be $100,000 or less, obtain the verbal approval of the city purchasing agent or the city purchasing agent's designee. The city purchasing agent may promulgate procedures for such emergency purchases involving imminent danger. A record of all imminent danger emergency purchases shall be reported to city council semi-annually.

(Ordained by Ord. No. 426-1992, eff. Oct. 23, 1992)