PURCHASING
EXCEPTION REQUEST FOR
M
(For
purchases
greater than $5,000)
Per
NMC 2.91.050,
the City may enter into a contract for a "specialty item," provided that the City Manager makes a written determination of the following:
1. Item(s)
to be purchased:
____________________________________________________________________________________ ____________________________________________________________________________________ ______________________________________________________________________ ______________
________________________________________________________________________ _________
___
2. Please provide explanation as to why vendor is the only one able to provide the requested goods
or
services
:
Specialty
Only known manufacturer of this product.
No Substitute
The requested product has unique design/performance specification or quality requirements which are essential to department operations and not available in comparable products.
Compatibility
The requested product is an integral repair part or accessory compatible with existing equipment and the item/service can be obtained from only one vendor.
Software
Upgrade
Upgrade to existing software. Available only from the producer of this software.
Inadequate
Competition
After solicitation of
several
sources, competition is determined
inadequate (record of source contacts attached).
Special Training
The requested product
is one with which staff have specialized
training and/or extensive expertise. Retraining would incur substantial cost in time and/or money.
Other
Please
explain
:
_
________________
____________
______
_
__________________
3. I affirm this request conforms with
NMC Section
2.91.0 5
0. Completed by:
Department:
For Requests over $75,000:
_
City
Manager
Date
Type name. Signature only required for City Manager approval.
ATTACHMENT 2
NMC 2.91.010 D.
Consistent with the requirements of the
City Charter, including City Charter Sections 100 through 105, this Chapter establishes the parameters by which representatives of the City may enter into contractual obligations on behalf of the City. It is the g oal of the City that any
administrative reg
ulations adopted to implement this Chapter, and any City contract, will meet the following goals:
1. Obtain the most cost effective result for the City, which avoids improvidence, extravagance, and any other waste of public fu nds or public
property,
and
which
also
achieves
an
appropriate
balance
between
the
costs
and
benefits
of
maximizing
quality
within
available
resources.
2. Takes into consideration all reasonably available relevant information regarding the range of types, effectiveness, quality, and costs of
potential property, services, public projects, and contractors available to achieve the City's project goals. Depending upon the particular
requirements of the project (and the more particular procedures identified in this chapter), the information to be considered may include
data gathered from one or more of the following sources: similar City projects, other public agencies, professional journals,
private
businesses, outreach to potential contractors, and private businesses, competitive bids, formal or informal quotes, proposals, or qualification
statements.
3. Guards against favoritism, fraud, corruption, and conflicts of
interest.
4. Efficiently
uses
City
resources
in
the
preparation,
approval,
administration,
and
enforcement
of
contracts
which
are
effective
tools
in
achieving the City's
goals.
NMC 2.91.030 B.
Execution and administration of contracts
1. The City Manager is authorized to take any steps necessary to prepare contract documents, prior to final approval of the cont ract, in
accordance
with
the
proced
ures
set
forth
in
this
Chapter,
including:
requesting
proposals,
inviting
bids,
applying
for
grants,
and
negotiating
contract
terms.
2. The City Manager is authorized to execute any contract on behalf of the City provided that: (a) pursuant to City Charter Se ction 100, the
contract is in writing and approved as to form by the City Attorney; and (b) the contract is covered by sufficient unencumber ed funds
appropriated in the adopted budget, and (to the extent required by City Charter Section 100) the contract i s endorsed by the City Auditor;
and (c) the contract is prepared in accordance with all other requirements of this Code and the administrative regulations; a nd (d) the
contract is covered by any one of the following categories: (i) the City Council has sep arately authorized the City Manager to execute on
behalf of the City pursuant to an ordinance, resolution, or other Council action, or (ii) the City’s commitments under the co ntract are in an
amount less than or equal to the amount established by the Contr oller of the State of California for formal bidding procedures as required by California Public Contract Code Sections 22020 and 22032(c) (as of January 1, 2009, this amount is established at $125,000), or (iii) the
contract is necessary to resolve an emer
gency pursuant to Section 2.91.040 of this Chapter or pursuant to Chapter 2.89 of this Code. It shall be
unlawful
to
split,
or
separate
into
smaller
contracts,
any
contract
for
the
purpose
of
evading
the
dollar
amounts
identified
in
this
chapter.
3. The City
Manager is authorized to implement and enforce each contractor's compliance with contract requirements, including inspections and acceptance of complete performance, and termination of the contract, all in accordance with the requirements of the
contract.
NMC 2.91.050
Exceptions for Specialty Items
A.
The
City
may
enter
into
a
contract
for
a
"specialty
item,"
in
accordance
with
this
section,
without
further
complying
with
the
requirements
of
this
Code,
provided
that
the
City
Manager
makes
a
written
determination
of
the
following:
1. The project need which the City intends to satisfy through the contract for the specialty item. This includes a functional de scription (or
performance criteria) of the City’s
needs.
2. The types of property or service which are
available (or used by other similarly situated private or public agencies) to meet this need (or similar needs), and the contractors which are available to provide the property or service. This includes documentation of th e steps the City
has
taken
to
eva
luate
the
types
of
property,
service,
and
contractors
potentially
available
to
serve
the
City's
needs.
3. The reasons why a similar property or service cannot meet the City’s needs (including considerations of compatibility with ot her City
property
and
services
regarding
maintenance,
repair,
training,
quality,
price,
or
similar
considerations),
or
why
the
City's
needs
can
only
be
met by one type of property or service (the specialty
item).
4. By entering into a contract for the specialty item from the propo sed contractor, the City will meet the purpose and goals identified in Section 2.91.010 of this
Chapter.
5. The contract complies with the requirements of Section 2.91.030 (B) of this
Chapter.
B.
The
City
Council
hereby
determines
that
compliance
with
the
requir
ements
of
this
Section
shall
satisfy
the
requirement
to
award
City
contracts
to
the
lowest
and
best
bidder,
pursuant
to
City
Charter
Section
101.
ATTACHMENT 2