There shall be no informal quote process, formal RFP or RFQ process, or formal bid process required for the purchases of goods, services, or public projects under the any of the following circumstances:
A. Minimum Procurement Levels. When procuring goods or services up to $3,000, or when procuring public projects up to $5,000.
B. Disaster Relief. When in the case of a disaster, as further explained in Chapter 2.76 of the city’s Municipal Code.
C. Emergency. When in 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. In the case of an emergency which requires the immediate procurement of goods, services, or public projects up to $100,000, the city manager may procure these items without regard to the provisions of this chapter. The action shall only be to repair or replace a public facility, take any directly related and immediate action required by that emergency, or procure the necessary goods, services, and public projects for those purposes. In making such a contract or purchase, at least three (3) vendors should, if practicable, be solicited to submit price quotations by use of sealed bidding methods, facsimile, or email. Award shall be made to the vendor offering the lowest acceptable quotation that best meets the needs of the city. The city manager shall terminate the emergency action at the earliest possible date that conditions warrant. If a contract or purchase is made pursuant to this authority, the city manager shall provide to the city council for review a written public record showing the nature of the emergency and the city manager’s authorization to proceed.
3. In the case of an emergency which requires the immediate procurement of goods, services, or public projects in excess of $100,000 dollars, the city council may procure these items without regard to the provisions of this chapter. The action shall only be to repair or replace a public facility, take any directly related and immediate action required by that emergency, or procure the necessary goods, services, and public projects for those purposes. In making such a contract or purchase, at least three (3) vendors should, if practicable, be solicited to submit price quotations by use of sealed bidding methods, facsimile, or email. Award shall be made to the vendor offering the lowest acceptable quotation that best meets the needs of the city. The city council shall terminate the emergency action at the earliest possible date that conditions warrant.
D. 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 formal bidding procedure, the city may use any other procurement method.
E. Competitive Bidding Already Completed. When the city manager or city council determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the general services administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency.
F. State Purchase. When the purchase is made on behalf of the city by the state department of general services.
G. Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage, waste disposal fees or other non-negotiable permit, use or application fees.
H. Shared Services. When the city council or city manager authorizes the award and execution of contracts for services, subject to the dollar limits consistent with this chapter, that are provided by another government entity, public entity, joint powers authority, quasi-governmental entity, special district or non-profit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education, encourage collaboration, standardize efforts, or leverage government resources.
I. Best Interest of City. Except where otherwise prohibited by law, when the city council or city manager authorizes the award and execution of contracts for goods, services, and public projects subject to the dollar limits consistent with this chapter, without following the required procurement methods, provided that the city council or city manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare.
J. Sole Source. When the city council or city manager determines that there is only one source that provides the needed goods or services, or to ensure compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the city.
K. Purchase of Recurring Charges. The city may create an open vendor list for the purposes of providing goods or services for the fiscal year for ongoing cleanup, maintenance and different routine items that are of a continuing nature. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the city, the threshold for each vendor may be determined by the city council, at the recommendation of the city manager. A vendor list may be approved by the city council as often as necessary but not less than once every twenty four (24) months.
L. Task or Job Orders. Unless prohibited by law, on-call services, task orders, or job orders that the city purchases through a duly approved master agreement shall not be subject to further procurement requirements.
M. Otherwise Authorized. When otherwise authorized by this chapter, the city’s Charter, or applicable law. (Ord. 2021-06-1524 § 2 (part))