5-3-112. EMERGENCIES, PUBLIC THREATS AND UNFORESEEN CONDITIONS.
(1) Generally. Notwithstanding any other provisions of this Ordinance, the Purchasing Agent may make, or authorize others to make, emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare, or safety; provided that procurement in response to such Emergencies, Public Threats or Unforeseen Conditions shall be made with such competition as is practicable under the circumstances. Procurement made on this basis shall be issued as set forth in this Section.
(2) Definitions. The conditions specified in this Section are defined as follows:
a. Emergency Conditions. An emergency condition creates an immediate and serious need for supplies or services that cannot adequately be addressed using normal procurement methods. Such a need may arise by reason of a natural disaster, epidemic, riot, equipment failure or other reason.
b. Public Threats. Public threats are circumstances that appear likely to adversely impact the public's health, welfare, convenience or safety. They may arise when circumstances appear to create a risk of environmental contamination, traffic congestion or hazards, disruption of utility or other public services provided by the City, or other matters.
c. Unforeseen Condition. An unforeseen condition creates a need to procure supplies or services within time frames that could not reasonably be anticipated or accommodated under normal procurement methods.
(3) Process. The Purchasing Agent shall examine the circumstances and determine whether they constitute a condition set forth above. If so, the Purchasing Agent may take any action required by such condition. The Purchasing Agent shall place in the procurement file a written determination and explanation of the condition. Procurement should be as competitive as possible under the circumstances, but priority shall be given to meeting the needs of the emergency or combating the public threat. Only those supplies and services impacted by the condition in question may be acquired under this Section.