(A) Disaster relief. When in the case of a disaster, as further explained in Chapter 34 of this code, the requirements of this chapter do not apply.
(B) Emergency. When in the case of emergency.
(1) "Emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
(2) The City Council hereby delegates to the City Manager the power to take any directly related and immediate action required by an emergency, as defined in this section. In situations determined by the City Manager to constitute an emergency, the City Manager may take action pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
(3) A report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter as required by Cal. Public Contract Code § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to informal or formal bidding procedures.
(C) No competitive market. When the City Council determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the informal or formal bidding procedures, the city may use any other procurement method.
(D) Alternative delivery methods. In addition to the exceptions under this chapter, the city may utilize any alternative delivery methods that are otherwise available under the law. Examples of alternative delivery methods include, but are not limited to, design-build (Cal. Public Contract Code §§ 22160, et seq.), energy conservation projects (Cal. Gov't Code §§ 4217.10, et seq.) and public- private partnerships (Cal. Gov't Code §§ 5956, et seq.). The City Council shall authorize use of alternative delivery methods either prior to release of a solicitation or prior to award of a contract.
(E) Otherwise authorized. When otherwise authorized by this chapter or applicable law.
(Ord. 1303, passed 9-16-20)