§ 70-428. Emergency purchases.

The council may suspend the requirements of law for the advertising and letting to the lowest responsible bidder for certain public work and purchases in emergencies in accordance with the provisions of this section. The following provisions shall apply to all departments, commissions, boards and agencies of the city, except as may be otherwise provided by applicable and preemptive law:

(1)

Written documentation stipulating the nature of the emergency shall be submitted to the chief administrative officer, the city attorney, and the director of the department of finance by the head or executive officer of the department, board, commission, or agency affected.

(2)

The chief administrative officer, the city attorney and the director of the department of finance shall give the council their recommendations regarding the emergency situation. The chief administrative officer or his designated representative shall provide the council with a written report regarding the emergency, the recommendation of the department of law, department of finance, and the chief administrative office, and all the information required by subsection (4) of this section. If the cost of the emergency exceeds $25,000.00, the chief administrative officer or his representative shall attempt to give immediate verbal notification to each member of the council.

(3)

If the nature of the emergency requires immediate action prior to the next scheduled regular or special council meeting, the chief administrative officer shall be notified before other action is taken.

(4)

A proposed motion declaring an emergency shall be submitted to the council at the next scheduled regular or special meeting following the emergency by the affected department or agency. The motion shall recite the exact nature of the emergency, list all contractors who have been contacted or will be contacted for an informal bid on the necessary work, specify the amounts of any bids offered by contractors who have been contacted, the source of funds, the estimated cost of the emergency and the estimated completion date of the work or delivery date of the movable to be purchased.

(5)

After consideration of the evidence and recommendations submitted, the council may adopt the motion declaring an emergency and authorize the emergency purchase or public work.

(6)

The director of the department of finance shall report any deviations from the procedure established by this section to the council. The official responsible for the deviation shall be required to appear before the council and provide an explanation of the deviation.

(Code 1956, § 2-50.1)