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(1) The purchasing requirements of this Chapter need not be followed for procurements falling within one of the exceptions enumerated in Subsection (2) of this Section.

(a) When a procurement falls within an exception the Mayor, Chief Administrative Officer, Purchasing Agent, or head of the department which made the procurement shall prepare a signed written statement setting out in reasonable detail the item procured, the price, the basis for the action taken, and a finding that such action is in the best interest of the City. A copy of the statement shall be included in the contract file.

(b) If an exception is invoked by the Mayor or Chief Administrative Officer, a copy of the written statement of the exception shall be delivered to the office of the Municipal Council. If an exception is invoked by the Municipal Council a copy of the written statement of the exception shall be delivered to the office of the Mayor.

(2) Exceptions to the requirements of this Chapter shall be limited to the following:

(a) Contracts which require compliance with the terms and conditions of a grant, gift, or bequest to the City, or to one of the City’s departments or subdivisions, committees, or a community organization which functions under City auspices if such action is approved by the Municipal Council and is otherwise consistent with law;

(b) Contracts involving the expenditure of federal or State assistance funds, and to the extent that doing so requires that federal or State law be followed in manner contrary to the provisions of this Chapter or the Provo City Code;

(c) Contracts for emergency procurement made by the Purchasing Agent, a department head, or their designees, in instances where procurement cannot reasonably be made pursuant to this Chapter, provided that such procurement shall be made with as much competition as practicable under the circumstances;

(d) Contracts for procurement of products, services or construction items available only from a single provider;

(e) Contracts for procurement of equipment which may be more efficiently added to, repaired, or maintained by a certain product brand, person or firm, by reason of the training of City personnel who service such equipment, or because the equipment is an addition to or for the repair or maintenance of equipment already owned by the City;

(f) Contracts for equipment which, due to an inventory of replacement parts maintained by the City, is compatible only with existing equipment owned, leased or used by the City;

(g) Contracts where fewer than three (3) responses are made to a bid solicitation or request for proposal after reasonable efforts to obtain three (3) or more bids or proposals;

(h) Contracts authorized by the Municipal Council;

(i) Contracts where a substantial savings will be realized in the purchase of goods or services, provided sufficient funds have been appropriated for the purchase, subject to the following requirements, provided:

(i) offers from competing sources are obtained in a manner most likely to meet the purpose and intent of this Chapter; and

(ii) the Mayor and Chief Administrative Officer each agrees in a signed statement that the purchase is justified and the purposes of this Chapter will be met thereby;

(j) Contracts with another governmental entity or agency solicited in accordance with the rules or requirements of the entity or agency;

(k) Contracts for professional services, expert witnesses, advisors or outside counsel for the City Attorney’s office; and

(l) Contracts for special investigatory or similar services or supplies for the police department where confidentiality is necessary, if approved by the Mayor upon recommendation from the Chief of Police.

(3) Notwithstanding any provision of this Chapter to the contrary, no exception made under this Section shall violate any mandatory applicable Federal or State law or regulation.

(4) When granting a concession in which a person makes use of City property to provide goods or services to the public, or arrangements of similar nature, the City shall make use of this Chapter to the extent determined to be practicable by the City’s Purchasing Agent in order to provide for the desired concession or arrangements on terms most beneficial to the City.

(Am 2003-40)