3.16.170 Urgency/emergency purchases.
During times of emergency, as declared by a four-fifths vote of the city council, emergency purchases may be made without competitive bidding and without compliance with this chapter. During times of emergency, if action is needed before the council has an opportunity to meet to declare an emergency, the city manager is authorized to order the repair of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
An “emergency,” for purposes of this policy, is defined as 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. Since emergency purchases do not normally provide the city an opportunity to obtain competitive quotes or properly encumber funds committed, sound judgment shall be used in keeping such orders to an absolute minimum. In addition, the following requirements shall apply:
(1) The finance department shall be contacted as soon as possible for an advance purchase order number, which may be given verbally, to cover the urgent or emergency transaction. If unable to contact the finance department, place the order and contact the finance department the next workday.
(2) A completed purchase order shall be submitted to the purchasing officer within two workdays, or as soon as the information is available. All purchase orders for urgent or emergency purchases shall be signed by the appropriate department head.
(3) Documentation explaining the circumstances and nature of the urgency or emergency purchase shall be submitted by the appropriate department head as follows:
(a) Purchases equal to or less than $12,500: Report to the purchasing officer by processing a requisition within one week.
(b) Purchases equal to $12,500 – $25,000: Require city manager’s (or designee in city manager’s absence or unavailability) approval prior to purchase. Report to the purchasing officer by processing a requisition within two days.
(c) Purchase of $25,000 or more requires city manager’s (or designee in city manager’s absence or unavailability) approval prior to purchase and report to the city council within two working days to explain the circumstances and necessity of the purchase.
(4) If the urgency or emergency purchase causes any budget line items to exceed the approved budget, it shall be the responsibility of the department requesting the purchase to obtain advance city council approval for an additional appropriation or to make a transfer to cover the purchase.
(5) For contracts under the purview of California Public Contract Code Section 20100 et seq., the city council must review the emergency action at its next regularly scheduled meeting, and each meeting thereafter until the action is terminated, to determine by four-fifths vote that there is a need to continue the action. (Ord. 649 § 2, 2015).