§ 3.32.130. Emergency purchasing authority and procedures.

The following processes and procedures shall apply to purchasing in the case of an emergency. For the purposes of this section, an emergency shall be deemed to exist when a condition exists that presents an immediate threat to health, safety or improved property and when a local emergency or disaster has been declared.

A.

Purchasing Authority.

1.

If the city manager or his designee determines that, due to an emergency, supplies, equipment or services must be procured before the city council can approve such purchases, the city manager or designee has the authority to:

a.

Approve individual purchases up to thirty thousand dollars on his signature alone.

b.

Approve individual purchases in excess of thirty thousand dollars up to a maximum of one hundred thousand dollars when countersigned by the mayor, or in the mayor's absence, by another member of the city council.

2.

If a purchase exceeds thirty thousand dollars, such expenditures must be presented to the city council for ratification and notice must be posted within sixty days of the award.

3.

The Emergency Operations Center (EOC) Director is a designee of the city manager at any time that the city manager is not available to approve purchases pursuant to this section. If the EOC director approves any purchases pursuant to this section, the EOC director must submit to the city manager a requisition and a notation that the purchased supplies, equipment, or services were ordered on an emergency basis from the vendor designated and the city manager must prepare an after-the-fact purchase order.

B.

Emergency Procurement Procedures. During an emergency, the following purchasing provisions may supersede the city's normal purchasing procedures:

1.

Solicited bids that are nonresponsive will count towards the minimum number of bids required.

2.

The normal requirements for sealed bids in Section 3.32.060 will be suspended to allow for telephonic bids from potential vendors or suppliers, in lieu of written and/or sealed bids.

3.

The notice and posting requirements in Section 3.32.060 may be waived.

4.

Where the emergency requires the immediate procurement of supplies, equipment or services from the nearest available source, the purchase may be made without following any bidding procedures. However, the purchase request must include one or more of the following rationale in writing: emergency protective measures, scarce commodities, good or service, emergency consulting services, emergency road clearance or other emergency requirements, and/or lack of bids. A preexisting contract may be used under these circumstances.

5.

During an emergency, the city manager or designee has the authority to rescind a contract for non-performance within twenty-four hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, safety or improved property.

C.

Documentation. All purchases made pursuant to this section require separate invoicing from routine (nonemergency related) purchases. All such invoices must state the goods, services, or equipment provided and must specify where the purchases were delivered and/or used.

(Ord. No. 659, § 1, 3-23-2010)