[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.