[HISTORY: Adopted by the City Council of the City of Brigantine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 3.
Claims approval and payment — See Ch. 7.
[Adopted 4-16-2009 by Ord. No. 8-2009]
The City of Brigantine is authorized to award contracts without public advertising for bids or public bidding whenever an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services.
No such emergency contract shall be awarded unless the procedure set forth in this article is followed.
The City Manager, after consultation with the City Engineer, shall notify the Purchasing Agent or, if the Purchasing Agent is unavailable, the Chief Financial Officer of the need for the performance of an emergency contract, the nature of the emergency, the time that it occurred and the need for invoking this article. If the Purchasing Agent or, in the Purchasing Agent's absence, the Chief Financial Officer is satisfied that an emergency exists, then he is specifically authorized to award a contract or contracts for the purpose necessary to respond to the emergency without the need for public advertisement or public bidding. The City Manager shall file a written notification with the Purchasing Agent, as soon as practicable after the emergency, identifying the emergency, the time it occurred and the need for emergency contracting. Any delay in providing said written notification shall not serve to void the emergency contract awarded.
This emergency purchasing procedure may not be used unless the need for goods or services could not have been reasonably foreseen or the need for such goods or services has arisen notwithstanding a good-faith effort on the part of the City of Brigantine to plan for the purchase of any goods or services required by the contracting unit.
Any emergency contract awarded pursuant to this article shall be for a limited duration necessary only to meet the immediate needs of the emergency. For example, under no circumstances shall the emergency purchasing procedure be used to enter into a multiyear contract.
To the extent that either the City Manager or City Engineer is unavailable during emergency services, the available individual may invoke the procedure set forth in this article after consultation and agreement with the Chief Financial Officer.