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The requirements of this chapter relating to solicitation of competitive bids and award to the lowest responsible bidder shall not apply to:

A. Contracts for professional or unique services. The assembly shall review contracts for professional or unique services such as architects, engineers, surveyors, attorneys, or accountants if the manager recommends exempting the contract from the regular bidding process. “Professional services” means professional, technical, or consultant’s services that are predominately intellectual in character, result in the production of a report or the completion of a task, and include analysis, evaluation, prediction, planning, or recommendation;

B. Contracts for property or services necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopardize the public health or welfare;

C. Contracts for audit and insurance services that may be bid at up to five-year intervals;

D. Contracts entered into using a competitive sealed proposal process as set forth in KIBC 3.30.110;

E. Contracts with a municipality or other political subdivision to the extent authorized by statute with the assembly holding a public hearing on contracts exceeding $100,000; or

F. Contracts for street improvements involving donated services and materials when the assembly has determined not to create an assessment district and has approved a project. The following steps shall be taken before a proposed contract is submitted to the assembly for approval:

1. An applicant shall first submit to the engineering and facilities department director a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along with a cost estimate that reasonably describes the value of the services and materials included in the proposal as well as the procedure for addressing any change orders;

2. After the engineering and facilities department director accepts the proposal, the applicant shall submit to the borough finance director proof of ability to comply with Chapter 3.65 KIBC; and

3. The proposal shall be referred to the applicable road service area board for review and recommendation to the assembly;

4. After the borough finance director approves the proposed bonding and a recommendation has been received from any reviewing service area board, the assembly shall hold a public hearing with notice to affected property owners as follows:

a. Publication in a newspaper of general circulation in the borough at least once a week for two consecutive weeks prior to the public hearing;

b. Mailing at least 15 days before the public hearing to all record owners of property with frontage on the street to be improved. “Record owners” means the person or persons listed as the owner of the property on the current property tax records of the assessor. The notice shall be mailed to the record owner at the address stated in the assessor’s tax records; and

c. Every notice of a public hearing required by this section shall state the date, time, location, and purpose of the public hearing and shall describe the improvement. The notice shall also state that, if the assembly approves the proposal, no assessment district will be formed and the borough will not participate in the allocation or collection of costs among the respective property owners.

5. After the public hearing, the assembly may approve the project, with or without additional conditions. If the assembly approves the project, it shall authorize the manager to execute the contract. [Ord. FY2013-11 §2, 2013; Ord. 2004-02 §4; Ord. 00-02 §2, 2000; Ord. 87-05-O §2, 1987; Ord. 84-48-O §1, 1984; Ord. 76-6-O §1, 1976. Formerly §3.16.070].