Cities Index.
ATCH 2 - Purchasing Exception Request Form

Napa City Council
November 7, 2023

Document
ATCH 2 - Purchasing Exception Request Form
Meeting
November 7, 2023
Body
Napa City Council
Pages
2
Original file
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Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

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

Page 1 of 2 ends

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

Page 2 of 2 ends
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