Sec. 28-14. Exceptions to competitive procurement requirements.
The following are exempt from the informal and formal competitive procurement requirements of this chapter. The purchases permitted under this section shall be subject to fair, just and equitable contract conditions.
a. Purchases Through Cooperative Purchases Contracts.A cooperative procurement contract negotiated by another governmental agency or cooperative purchasing agency approved by the Purchasing Agent may be utilized for the purchase of goods, services, materials, furnishings, equipment, vehicles, rolling stock, and/or supplies if it meets all of the following:
1.It is in the best interest of the City.
2.It is to the City’s economic advantage.
3.It was competitively awarded using a process that complies with the policies, rules and regulations as approved by the Purchasing Agent or designee.
b.The use of another governmental or public agency’s contract or substantially the same contract terms; provided: (1) the agency uses a solicitation method substantially similar to the method required by this chapter; (2) the contract is consistent with the requirements of the City Code; and (3) the Purchasing Agent determines that the City will realize overall value to utilizing the other agency’s contract or contract terms compared to the City performing its own procurement.
c. Emergency Contracts.In the event of an emergency as defined herein, the Purchasing Agent may order the suspension of normal bidding or purchasing and procurement requirements for projects related to abatement of the impacts or effects of such emergency. With respect to formal contracts, the City Council shall, if possible, ratify such emergency suspension of procedures at the next properly noticed Council meeting following the emergency procurement and consider whether further suspension of procedures is required to abate the impacts of the emergency. An emergency shall be deemed to exist if:
1.There is a public calamity such as a fire, flood, earthquake, storm, or similar disaster that poses a serious threat to the public safety or national defense; or
2.There is an immediate need to protect or prepare for national or local defense; or
3.An essential operation or City service affecting the public health, welfare or safety would be greatly hampered if adherence to the prescribed purchasing procedures would cause undue delay in procurement of the needed item or service.
d. Sole Source Contracts.In the event the contract and/or purchase contemplated is capable of being performed as follows:
1.By a sole provider such as a public utility or the holder of an exclusive patent or franchise, for purchase of unique or innovative goods or services including but not limited to computer software and technology, or for purchase of goods or services when there is a demonstrated need for compatibility with an existing item or service;
2.By another governmental agency;
3.Through purchasing contracts negotiated by another governmental agency or cooperative purchasing agency approved by the Purchasing Agent utilizing acceptable bidding procedures;
4.When purchasing used equipment;
5.When leasing or renting equipment; or
6.When the term of a previously awarded contract has expired, but portions of the work remain to be performed by the same vendor;
7.By the destination marketing organization (DMO) for the Monterey County region that is recognized by the tourism marketing board for the State of California.
8.When a vehicle for which quotes have been obtained, pursuant to Section 28-4, is no longer available at the quoted price when the vehicle is in stock, the purchasing agent may purchase from any vendor that has the vehicle in stock at a price not to exceed the amount pre-authorized by City Council resolution. This subsection will sunset on June 30, 2028.
e.Placement of insurance coverage and surety bonds.
f.Legal services contracts, including without limitation the services of outside counsel, consultants and other experts needed for litigation, administrative, or other legal proceedings.
g.Conferences, trainings, and seminars as approved in advance by the Department Head.
h.The Library Director is authorized to rent, purchase or otherwise acquire all books, magazines, periodicals, recordings, films, pictures, photographs, programs received through electronic media, documents, or any other cultural items for circulation from or study in the Public Library pursuant to the procedures prescribed by the Board of Library Trustees subject to the appropriations of the approved budget for the Library. (Ord. 3666 § 2, 2023; Ord. 3648 § 2, 2022; Ord. 3637 § 3, 2021; Ord. 3624 § 2, 2020)