§ 3.24.120. SPECIAL CIRCUMSTANCES.

A. Special government payments. This chapter does not apply to payments made for Department of Justice background checks, U.S. Postal Service postage, or permit fees imposed by other government agencies.

B. Legal notices. This chapter does not apply to contracts for printing of legal notices in a newspaper of general circulation. The City Council shall annually award such contracts in accordance with Cal. Pub. Cont. Code § 20169 based on price, circulation, and any other matters deemed to affect the value to the public.

C. Emergency procurements.

1. Public works projects. When repairs or replacements are necessary in an emergency, the City Council, by a four-fifths vote, may proceed at once to repair or replace any public facility without adopting plans, specifications, or working details, or publishing a notice of the solicitation, and without otherwise complying with the requirements of this chapter. Prior to taking such action, the City Council shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a solicitation for competitive offers, and that the action is necessary to respond to the emergency. The work may be done by day labor, by contract, or by a combination of the two. If a notice of the solicitation is not published, the city shall comply with Cal. Pub. Cont. Code § 22050. The City Manager is delegated the authority to declare the emergency in such circumstances when it is not feasible for the City Council to meet to do so, and to take such actions as the City Manager deems necessary, consistent with the provisions of this paragraph. The City Manager’s actions shall be subject to prompt review by the City Council as to the need to continue the emergency action, in accordance with the provisions of Cal. Pub. Cont. Code § 22050.

2. Supplies, materials, equipment and services. In the event of an emergency giving rise to the need to procure supplies, materials, equipment or services without complying with this chapter, the City Council may dispense with bidding or other requirements of this chapter, and may expend any sum to make the procurement required due to the emergency. The City Manager is delegated the authority to declare the emergency in such circumstances when it is not feasible for the City Council to meet to do so, and to take such actions as the City Manager deems necessary, consistent with the provisions of this paragraph. The City Manager’s actions shall be subject to prompt review by the City Council as to the need to continue the emergency action.

D. Developer-funded professional services. This chapter does not apply to purchases of professional services that both:

1. Relate to a private development project under review by the city; and

2. Are solely funded by the project applicant or an affiliate of the project applicant. Such purchases may be executed by a purchasing card transaction, or by a purchase order, or by both a written contract and a purchase order as deemed appropriate by the Purchasing Agent. Any such purchasing card transaction, purchase order, or written contract may be executed by the Purchasing Agent or the Administrative Services Director.

E. Public interest exemption. The competitive offer requirements of this chapter shall not apply to purchases of supplies, materials, equipment, or services when the Purchasing Agent, with the approval of the City Manager, determines that the best interests of the city would be served thereby and the amount of the contract does not exceed twice the formal solicitation limit specified in the purchasing policy. This exemption may not be used for public works projects. Whenever the City Manager approves the use of this exemption, the City Manager may require that the Purchasing Agent solicit informal offers under such conditions and limitations as the City Manager may impose. If the value of a procurement made using this exemption is within the open market limit specified by the purchasing policy, then the purchase may be executed by purchasing card or purchase order as deemed appropriate by the Purchasing Agent. If the value of a procurement made using this exemption is within the informal solicitation limit specified by the purchasing policy, then a purchase order and written contract shall be executed by the Purchasing Agent. For all other procurements made using this exemption, a written contract shall be executed by the City Manager and a purchase order shall be executed by the Purchasing Agent or Administrative Services Director.

F. Sole source procurements. The competitive offer requirements of this chapter shall not apply to purchases of supplies, materials, equipment, or services that are available from only one (1) source. The Purchasing Agent may negotiate with such source to the end that the city receives the desired supplies, materials, equipment, or service on fair terms. Such procurements shall be executed in accordance with paragraph J. below.

G. Piggyback or cooperative purchase procurements. The competitive offer requirements of this chapter shall not apply to purchases of supplies, materials, equipment, or services available through:

1. A valid contract executed by another public agency; or

2. A cooperative purchasing program in which the city’s participation is authorized by law and is deemed to be in the city’s best interests in the determination of the Purchasing Agent. Such procurements shall be executed in accordance with paragraph J. below.

H. Uniformity exemption. The competitive offer requirements of this chapter shall not apply to purchases of supplies, materials, equipment, or services that are required to maintain compatibility, functionality, or conformity with existing designs, products, equipment, facilities, systems, software, technologies, standardizations, and the like or to maintain current warranties or contractual obligations deemed to be in the city’s best interests in the determination of the Purchasing Agent. Such procurements shall be executed in accordance with subparagraph J. below.

I. Best value purchases. If the Purchasing Agent determines that it is not in the city’s best interests to obtain a particular cost-based service using the competitive offer process of §§ 3.24.080 and 3.24.090, then the Purchasing Agent may procure such service on a best value basis. For such procurements, the Purchasing Agent shall determine the vendor that offers the best overall value to the city based on qualifications, experience, past performance, and price. Such procurements shall be executed in accordance with subparagraph J. below.

J. Execution. If the value of a procurement made under subparagraphs F. through I. above is within the open market limit specified by the purchasing policy, then the purchase may be executed by purchasing card or purchase order as deemed appropriate by the Purchasing Agent. If the value of a procurement made under subparagraphs F. through I. above is within the informal solicitation limit specified by the purchasing policy, then a purchase order or both a purchase order and written contract shall be executed by the Purchasing Agent. If the value of a procurement made under subparagraphs F. through I. above is within the formal solicitation limit specified by the purchasing policy, then the purchase shall be subject to City Council approval, a written contract shall be executed by the Mayor or the City Manager, and a purchase order shall be executed by Administrative Services Director.

(Ord. 1198, passed 11-21-17)