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2.92.080 Procurement of noncompetitive purchases and contracts.
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A. The competitive procurement provisions of this chapter shall not apply to the lease or purchase of goods or services that are clearly and legitimately limited to a single source of supply, involve special facilities, special design or special market conditions. The price shall be established by direct negotiations by the manager. The manager shall provide a procedure for requesting a waiver of the competitive process for purchases under this section. Departments and offices requesting such waivers shall secure the manager’s approval prior to any such purchase.

B. Notwithstanding subsection (A) of this section, the competitive bidding requirements for public works may not be waived based on a single source of supply, special facilities, special design, or special market conditions.

C. The following expenditures, purchases and contracts, based on their nature, are exempt from the competitive processes of this chapter:

1. Real estate related contracts;

2. Utilities limited to one source;

3. Legal settlements;

4. Membership fees and dues;

5. Registration and travel for training;

6. Employment and personnel matters;

7. Grant agreements;

8. Contracts to acquire goods and services which are purchased on another governmental entity’s bid documents, contract or other cooperative purchasing arrangement, in accordance with state law and LMC 2.92.130;

9. Items purchased for resale to the public in support of a city program or facility, such as inventory for resale at the city golf course, as determined by the manager;

10. Agreements or contracts which carry out or implement a provision of the Lynnwood Municipal Code or established city policy, e.g., maintenance or performance bonds for plat improvements; and

11. Interlocal agreements.

The manager may determine other similar expenditures, purchases and contracts which are exempt from competitive processes. The manager shall provide a list of any additional exempt expenditures, purchases and contracts to all offices and departments.

D. Mayor’s Approval Authority.

1. The mayor may approve the following agreements and expenditures without individual council approval, regardless of dollar amount:

a. Utilities limited to one source;

b. Membership fees and dues;

c. Registration for training;

d. Grant agreements;

e. Contracts to acquire goods and services which are purchased on another governmental entity’s bid documents, contract or other cooperative purchasing arrangement, in accordance with state law and LMC 2.92.130;

f. Payments required by the processing of payroll, such as deductions for taxes, insurance, union dues and similar disbursements;

g. Payments the city is legally required to make to local, state or federal agencies;

h. Agreements or contracts which carry out or implement a provision of the Lynnwood Municipal Code or established city policy, e.g., maintenance or performance bonds for plat improvements.

2. The mayor may approve the following agreements and expenditures up to $100,000 without individual council approval:

a. Real estate related contracts;

b. Legal settlements;

c. Employment and personnel matters;

d. Items purchased for resale to the public in support of a city program or facility, such as inventory for resale at the city golf course, as determined by the manager; and

e. Interlocal agreements. (Ord. 3374 § 1 (Exh. A), 2020; Ord. 3297 § 2 (Exh. A), 2018)