"Cooperative purchasing"
means a form of intergovernmental cooperative purchasing in which one government agency or jurisdiction performs the solicitation and award process for several agencies or jurisdictions, but separate contracts or purchase orders are executed between each participating agency and the vendor; the agency contracting for the prices bears no contractual responsibility to the vendor. (See "Piggyback.")
"Direct pay form"
means a method of payment submitted to the financial and administrative services department for payment of a commodity or service, typically after it has been procured. Administrative policies and regulations shall apply.
"Emergency"
means the existence or threatened existence of conditions of extreme peril to the safety of persons and property within the city that may vitally affect the life, health or convenience of citizens. Events of: (1) disaster such as caused by fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, the existence or threatened existence of which has been proclaimed by the city council or the city manager in his or her capacity as director of emergency services; or (2) the existence of a breakdown in machinery, equipment or essential governmental services which requires the immediate purchase of materials, supplies, equipment or services to protect the public health, safety or general welfare of the residents of the city; or (3) where an essential governmental operation affecting the public health, safety or general welfare could be greatly hampered or disrupted by following the standard procurement procedures.
"Force account"
means any work that is performed by current city staff (force).
"Formal bid"
means a bid that must be submitted in a sealed envelope and in conformance with a prescribed format to be opened in public at a specified time.
"General prevailing rate of per diem wages"
means the payment of prevailing wages upon public works as defined in Section 16000 of the California Code of Regulations Title 8, Group 3.
"Informal bid"
means a competitive bid or price quotation for supplies or services that is conveyed by letter, telephone, or other means and does not require a sealed bid, public opening, or reading of bids.
"Local small business vendor"
means a business entity that has for at least the last 12 months prior to submittal of its RFP response or quote: (1) held a current business license issued by the city; and (2) maintained fixed offices or distribution points located within the city's geographic boundaries; and (3) that either employs fewer than 100 employees or has average annual gross receipts of ten million dollars ($10,000,000.00) or less over the previous three years.
"Lowest responsible bidder"
means the bidder or offeror that submitted a responsive bid or quote at the lowest price of all the responsive bids or quotes submitted, and whose past performance, reputation and financial capability is deemed acceptable. (See "Responsible bidder.")
"Piggyback"
means the form of intergovernmental cooperative purchasing in which a public agency requests competitive sealed bids, enters into a contract and arranges, as part of the contract, for other public agencies to purchase from the selected vendor under the same terms and conditions as itself. This process eliminates the need to competitively bid the particular item again. (See "Cooperative purchasing.")
"Professional services"
mean the services rendered by members of a recognized profession or possessing a special skill. Such services are generally acquired to obtain information, advice, training or direct assistance; includes any type of professional service that may be lawfully rendered but does not include "public projects."
"Public project"
is defined in Sections 22002 and 22003 of the Public Contract Code as follows:
(1) 
Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility;
(2) 
Painting or repainting of any publicly owned, leased, or operated facility;
(3) 
In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
"Public project"
does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following:
(1) 
Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
(2) 
Minor repainting;
(3) 
Resurfacing of streets and highways at less than one inch;
(4) 
Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems;
(5) 
Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
For purposes of this chapter, "facility"
means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.
A public agency which has, by resolution, elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010), may utilize the bidding procedures set forth in Article 3 (commencing with Section 22030) when contracting for "maintenance work," as defined in Section 22002, or when contracting for any other work which does not fall within the definition of "public project," as defined in Section 22002.
"Public works contract"
means an agreement or contract, awarded through competitive bids, for a public project that is for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
"Purchase order"
means a purchaser's written document to a vendor formalizing all the terms and conditions of a proposed transaction and including or referring to all required elements of a contract. A purchase order is requested from the purchasing division by use of a city purchase requisition form. It is to be utilized when a vendor requests a purchase order or when products cannot be procured through the use of the procurement card or other approved purchasing method.
"Responsible bidder"
means a bidder or offeror who has the capability in all respects to perform fully the contract requirements and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
"Request for proposal (RFP)"
means all documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals. Procedures for the RFP process are incorporated in administrative policy and may be changed as required from time to time.
"Request for quote (RFQ)"
means an informal solicitation or request for information, where oral or written quotes are obtained from vendors, without formal advertising or receipt of sealed bids, such as small or emergency purchases, but price competition is desired. Procedures for the RFQ process are incorporated in administrative policy and may be changed as required from time to time.
"Single source"
means a contract for the purchase of goods or services entered into after soliciting and negotiating only with one source, usually because of the technology required or uniqueness of the product or service provided. (Compare to "Sole source.")
"Sole source"
means that only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation, such as technical qualifications, matching to currently owned equipment or supplies, the ability to deliver at a particular time, or services from a public utility. (Compare to "Single source.")
(Ord. 844 § 2, 2012)
The purpose of this chapter is to ensure that:
A. 
A purchasing system is efficient to the end user;
B. 
Goods and services are procured at a fair and competitive price;
C. 
All contracting, including public works contracts, follow all applicable state and federal laws and regulations;
D. 
This chapter shall be interpreted and construed to be consistent with state law.
(Ord. 844 § 2, 2012)
Except as specifically provided by the city of Moreno Valley Municipal Code, now or in the future, the city is not bound by any contract unless the same shall be in writing and signed by the mayor, after city council approval, or by such other officer of the city as authorized by ordinance, resolution, or action of the city council.
(Ord. 844 § 2, 2012)
A centralized purchasing system is established in order to:
A. 
Create efficient procedures for the acquisition of supplies, materials, equipment and services for the various departments of the city;
B. 
Exercise positive financial control over purchases;
C. 
Clearly define the authority for the purchasing function;
D. 
Assure the quality of purchases;
E. 
Purchase without favor or prejudice.
(Ord. 844 § 2, 2012)
The city manager may authorize any department to purchase supplies, materials, equipment and contractual services, provided that such purchases or contracts shall be made in conformity with this chapter and all applicable administrative policies and procedures. Such purchases or contracts shall be subject to review by the purchasing manager (or equivalent position).
(Ord. 844 § 2, 2012)
All procurement methods shall be in accordance with adopted policies and procedures. All purchase orders shall be signed by the purchasing manager or designated representative. The city manager may adopt administrative policies that further implement the intent of this chapter. Specifications for procurement may include references to brand name, for illustrative purposes only, provided each brand name used is followed by the words "or equal."
(Ord. 844 § 2, 2012)
To the extent not inconsistent with state law the following guidelines are to be followed for awards made under this chapter. Awards shall be based on the best value to the city. The determination of best value shall be pursuant to the findings and recommendations presented by the purchasing manager at the time of award. Award criteria of contracts, agreements, instruments and conveyances not otherwise covered by this chapter may be prescribed by city council resolution.
(Ord. 844 § 2, 2012)
To the extent not inconsistent with state law, the following guidelines are to be followed for protests of awards made under this chapter. Any bidder, offeror or contractor who is allegedly aggrieved in connection with the solicitation of a contract or purchase order may protest. Protests of the contents of the specifications shall not be considered. Protests must be received by the city clerk no later than the close of business on the second city business day after the date of bid opening. Protest documents will be date and time stamped by city personnel. Failure to submit a timely protest to the city clerk shall bar consideration of such protest. It is the responsibility of the protestor to verify the date of award and that the city clerk received their protest.
The city manager or designee shall respond in writing to the protestor within five city business days. If the protestor wishes to appeal the decision rendered by the city manager or designee, such appeal must be made in accordance with the provisions for appeal set forth in Chapter 2.04 of this code. All protests shall be in writing and must include the following information:
A. 
The name, address and telephone number of the protestor;
B. 
The signature of the protestor or protestor's representative;
C. 
The solicitation, bid or contract number;
D. 
A detailed statement of all legal and factual grounds for the protest;
E. 
All documentation supporting the protestor's grounds for the protest;
F. 
The form of relief requested and the legal basis for such relief.
(Ord. 966 § 1, 2020)
Where applicable and not otherwise provided by state or federal law, purchasing from a single source or sole source may be permitted after written justification from the requesting department explaining why a single or sole source has been specified, and a factual finding by the person or body authorizing the purchase that it is in the best interest of the city to purchase without competitive purchasing. Single and sole source procedures are not applicable to public works projects except as permitted by state law.
(Ord. 844 § 2, 2012)
Any evaluation or selection practice under this chapter that would result in unlawful activity including, but not limited to, any rebate, kickback or unlawful consideration is expressly prohibited. Any award of a contract where a public official has used his or her official position to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest in any person or entity who seeks such a contract or in the outcome of the selection process in any way, is expressly prohibited. Employees of the city, who are related to persons or have interests in business entities seeking to contract under this chapter, shall not participate in any aspect of the contract review or selection process.
(Ord. 844 § 2, 2012)
Any employee of the city or any department thereof shall be deemed guilty of malfeasance and shall be disciplined in accordance with city personnel rules and regulations for engaging in any of the following activities:
A. 
Aiding or assisting a bidder in securing a contract to furnish supplies, materials, equipment or contractual services at a higher price than that proposed by any other bidder;
B. 
Favoring one bidder over another by giving or withholding information;
C. 
Willfully misleading any bidder in regard to any matter relevant to the competitive bidding process or the character of the materials or supplies called for by the contract;
D. 
Knowingly accepting commodities of a quality inferior to those called for by the contract contrary to best interest of the city;
E. 
Knowingly certifying to a greater amount of service or work performed than has actually been performed;
F. 
Knowingly certifying to the receipt of an amount or different kind of materials, supplies or equipment than have actually been received.
(Ord. 844 § 2, 2012)
If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has colluded with any other party or parties for the purpose of preventing any other bid being made or being made at a lower amount, then the contract so awarded shall be null and void.
(Ord. 844 § 2, 2012)
All monetary limits for signature and award authority shall be as set forth in a resolution of the city council as adopted from time to time.
(Ord. 844 § 2, 2012)
If an emergency occurs at a time other than during regular business hours, the city manager may authorize city department heads to purchase directly, any supplies, materials, equipment or contractual services where immediate procurement is essential to prevent delays, in the work of the using department, which may vitally affect the life, health or convenience of citizens. The head of such using department shall submit, as soon as possible, to the purchasing manager, a record of the emergency purchase together with a report of the circumstances of the emergency. All emergency purchases, which would otherwise require city council approval, shall be submitted to the city council by the city manager at the next regular city council meeting for ratification.
(Ord. 844 § 2, 2012)
A five percent preference shall be given to local small business vendors for the purchase of nonprofessional services, supplies, materials and equipment, quality and price being equal, provided the local small business vendor meets the requirements of this chapter.
The following requirements apply:
A. 
The city may, but is not required to, consider a local small business vendor preference in awarding qualifying contracts.
B. 
To be considered for a local small business vendor preference, the business must qualify as a "local small business vendor" as defined in Section 3.12.010.
C. 
In determining whether to offer a qualified local small business vendor the preference, the city may consider its needs, the contract requirements, the qualifications of all vendors, and all other relevant factors.
D. 
The five percent local small business preference shall apply to all contracts awarded by the city except for the following contracts:
1. 
A contract for a public project or any other contract required to be awarded to the lowest responsible bidder;
2. 
A contract for professional services pursuant to Section 3.12.270;
3. 
A contract, which if awarded based upon application of the local small business vendor preference, would be prohibited by state or federal law or regulation;
4. 
Contracts required as a result of an emergency where a delay in the performance of the contract would jeopardize the public health, safety or welfare of the residents of the city;
5. 
Contracts where a significant function of city government would be seriously threatened if the contract were not entered into expeditiously as determined by the city;
6. 
A contract which if awarded based upon application of the local vendor preference would result in the loss of state or federal funding.
E. 
Where competitive quotes or proposals are utilized and the lowest responder is not a local small business vendor, the purchasing officer shall provide the lowest local small business vendor, should one exist and its response is within five percent of the lowest responsible responder, with notice that the local small business vendor is the selected vendor.
F. 
Upon providing notice to the local small business vendor, the local small business vendor shall have two business days to negotiate a satisfactory contract with the city. In the event a satisfactory contract is negotiated, the contract will be awarded to the local small business vendor. In the event a satisfactory contract is not negotiated, the city may, but is not required to, negotiate and award the contract to:
1. 
The next lowest local small business vendor responding with a cost within five percent of the actual lowest responder, in order of the lowest to highest value; or
2. 
The actual lowest qualifying responder.
(Ord. 844 § 2, 2012)
The respective department responsible for an open market purchase using a procurement method other than a purchase order shall keep a record of quotations submitted for the purchase. The purchasing division shall maintain records of purchases made through the issuance of purchase orders. The financial and administrative services department shall maintain all other procurement method records. Such records shall be open to public inspection during business hours and shall be subject to any fees or charges as may be established by city council.
(Ord. 844 § 2, 2012)
Notice inviting bids shall be published in a newspaper of general circulation and/or by any other method of advertising that is recognized and accepted for public agency purchasing and is consistent with applicable state law. Advertisements shall be at least 14 calendar days before the time of the bid opening. It shall be the responsibility of the purchasing manager to encourage as wide a response as possible from prospective vendors. Notice inviting bids shall state the time and place for the receiving and opening of sealed bids, a general description of the materials, supplies or equipment to be purchased, the location where bid documents and specifications may be secured and the cost, if any, of the documents and specifications.
(Ord. 844 § 2, 2012)
A. 
When not so required but deemed necessary or desirable by the purchasing manager, bids shall be accompanied by a bidder's security. Such security shall be in an amount not less than the amount specified by the notice inviting bids or in the specifications referred to therein, or if no amount is specified by the notice inviting bids, then in an amount not less than 10% of the aggregate amount of the bid.
B. 
If the successful bidder neglects or refuses to enter into the contract, or to provide the supplies, materials or equipment according to specifications within the required time, then the amount of the bidder's security shall be declared forfeited to the city. Amounts collected shall be paid into the appropriate fund. All bonds forfeited shall be prosecuted and the amount thereof collected and paid into such fund.
C. 
All bids not submitted with the requested bidder's security shall be rejected. Unsuccessful bidders shall be entitled to the return of security when such has been requested.
D. 
When required bidder's security shall be made payable to the city and in one of the following forms:
1. 
Certified or cashier's check;
2. 
Bidders bond made payable to the city. Bond to be executed by a corporate surety authorized to engage in such business in California, and listed in the U.S. Department of Treasury's listing of approved sureties;
3. 
Cash (U.S. funds only).
(Ord. 844 § 2, 2012)
A. 
Award of contracts for which there are appropriated funds in the city council approved budget, may be authorized by the city manager based on levels prescribed by city council resolution. The purchasing manager will execute the contract based on the criteria of this chapter, pertinent resolution(s) and policies. Staff authorized to award contracts may defer to the city manager or city council for approval where deemed necessary or otherwise appropriate.
B. 
Award of bids for items over the prescribed amount authorized by city council resolution, for which there are appropriated funds in the city council approved budget, shall be made by the city council. Once awarded by the city council, the mayor or the city manager, or designee, shall sign such contracts.
(Ord. 844 § 2, 2012)
The city reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. The city, after rejecting bids or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the city manager, or designee, the purchase in question may be made without a formal bid procedure and may proceed to have said purchase made in the manner stated without further observation of the provisions of this section.
(Ord. 844 § 2, 2012)
Except as otherwise provided in this chapter, if two or more formal bids received for the purchase of materials, supplies or equipment are for the same aggregate amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, at its discretion and at the prescribed authority levels in this chapter, the purchasing manager or the city council may accept either bid or the lowest bid made by and after negotiation with the tie bidders.
(Ord. 844 § 2, 2012)
A. 
Prior to bid opening date and time, bids submitted may be withdrawn by written or telegraphic request received by the city before the hour set for opening. After such hour it may not be withdrawn.
B. 
After bid opening date and time, any bidder who seeks to withdraw or modify a bid because of inadvertent computational error shall notify the purchasing manager no later than three city working days following the bid opening. The bidder shall provide worksheets and other such information as may be appropriate or required by the purchasing manager to substantiate the claim of inadvertent error. Failure to do so may bar such relief and allow recourse from the bid surety if applicable. The burden shall be upon the bidder to prove such error.
(Ord. 844 § 2, 2012)
In any of the following instances and not withstanding any provision of this chapter to the contrary, the formal bid procedures shall be dispensed with provided there exists an unencumbered appropriation in the program against which the expense is to be charged (approved budgeted item):
A. 
The commodity can be obtained from only one vendor (a sole source or single source), as prescribed in Section 3.12.080;
B. 
Acquisition of materials, supplies and equipment utilizing the "piggyback" process following all laws, rules and regulations;
C. 
The purchase of used material or equipment;
D. 
The purchase of materials, supplies and equipment from another government entity;
E. 
During an emergency;
F. 
California Multiple Award Schedule (CMAS) is utilized when competitively awarded by the state of California.
(Ord. 844 § 2, 2012)
Where advantageous for the city and to the extent consistent with state law, the city manager may authorize the financial and administrative services director or the purchasing manager to purchase supplies, materials, equipment or contractual services through legal, competitively awarded contracts with or of other governmental jurisdictions or public agencies, including California Multiple Award Schedules (CMAS) commonly referred to as "piggybacking," without further contracting, solicitation or formal bidding as described in this chapter.
(Ord. 844 § 2, 2012)
Due to the nature of contracts for service, formal bids shall not be required. Contracts for service, negotiated by the city, shall be based on the vendor's demonstrated competence and professional qualifications for the service required. Whenever possible, quotes should be obtained from at least three sources using the request for quote or the request for proposal process. Vendor selection, without obtaining three quotes, shall require justification to the city manager or designee. Upon approval by the city manager, or designee, each contract will be accompanied by a purchase order. Authority to contract for service is based on signature authority set forth by city council resolution from time to time.
(Ord. 844 § 2, 2012)
A. 
The process for obtaining contractors for work on a public project shall be in accordance with applicable provisions of California Public Contract Code Division 2, General Provisions. The city has adopted the procedures set forth in the Uniform Public Construction Cost Accounting Act (the "Act") commencing with California Public Contract Code Sections 22000 through 22045 (see Resolution No. 86-40). All public works contracts shall be advertised, bid, awarded in conformity with the Act and any other applicable state or federal law or regulation.
B. 
All public works contracts shall include all required clauses, as prescribed by federal and state laws and codes.
C. 
The city council shall award contracts greater than the prescribed limit based on the most current public contract code. The city manager may award and execute contracts, including all contracts for work performed under assessment district, community facilities district proceedings and for public works construction, improvement, repair, or maintenance up to the prescribed limit, except as restricted by law.
D. 
The payment of general prevailing rate of wages shall be required of all public works contracts, as required by the applicable state and/or federal law and regulations.
E. 
The alternative contracting procedures dollar amount limitations shall be in conformance with the Act, as amended from time to time, and any applicable regulations.
F. 
Informal bidding for the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032 of the Public Contract Code. This chapter shall include all of the following:
(a) 
The public agency shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the public agency, consistent with the requirements of the commission.
(b) 
All contractors on the list for the category of work being bid or all construction trade journals specified in Section 22036, or both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036, shall be mailed a notice inviting informal bids unless the product or service is proprietary.
(c) 
All mailing of notices to contractors and construction trade journals pursuant to subdivision (b) shall be completed not less than the prescribed limit, based on the most recent public contract code, before bids are due.
(d) 
The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(e) 
The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person.
(f) 
If all bids received are in excess of the prescribed limit based on the most current public contract code, the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at the higher prescribed limit based on the most current public contract code, or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
G. 
Public projects for emergency repair or replacement of public facilities may be let to contract by emergency contracting procedures shall be in conformance with the Public Contract Code, Section 22050, Emergency Contracting Procedures.
H. 
It is unlawful to split or separate a public project into smaller work orders or projects for the purpose of evading the provisions of Article 4, Division 2, Section 20163 of the Public Contract Code, requiring public work to be done by contract after competitive bidding. Every person who willfully violates this provision of this section is guilty of a misdemeanor, per Penal Code Section 19.
I. 
The design-build method of construction may be utilized when following all local, state and federal laws.
(Ord. 844 § 2, 2012)
A. 
The process for obtaining professional and incidental services work shall be in accordance with the California Government Code Title 1, Division 5, Chapter 10, Sections 4525 through 4529.8.
B. 
The process for obtaining professional and incidental services for federally financed projects shall be in accordance with the California Government Code Title 1, Division 5, Chapter 10, Sections 4525 through 4529.5, Federal Property and Administrative Services Act of 1949 Title 40, USCA Sections 541 through 544.
C. 
All public works professional service contracts shall include all required clauses, as prescribed by federal and state laws and codes.
D. 
Selection of professional services firms shall be based on demonstrated competence and qualifications for the types of services to be performed at fair and reasonable prices per Section 4526 of the Government Code. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the state's Director of General Services pursuant to Section 14837 of the Government Code.
E. 
The city manager, or designee, shall negotiate a contract with the most qualified firm, except as provided for emergency purchases.
(Ord. 844 § 2, 2012)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 844 § 2, 2012)
Where federal funding is utilized, in whole or part, the city of Moreno Valley shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors and ensure that they do not solicit offers from, award contracts to, or consent to subcontracts with contractors whose names are in the Excluded Parties List System (EPLS), as outlined in the Federal Acquisition Regulation (FAR) FAR 9.4, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404.
(Ord. 844 § 2, 2012)
A. 
Non-Public Works Contracts. In the event of an emergency caused or to be caused by flood, storm, or similar disaster that poses or is about to pose a serious threat to the public safety, as determined by the city manager, the mayor or city manager may order the suspension of normal bidding or purchasing requirements otherwise required in this chapter, and allow for single and sole sourcing procurements.
B. 
Public Works Contracts. In case of an emergency, the city council may repair or replace 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, upon the passing of a resolution by a four-fifths vote of the city council declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required by the emergency, pursuant to and in compliance with Public Contract Code Section 22050. The city council may pass a resolution by four-fifths vote to delegate to the city manager, the authority to order any action pursuant to this section.
(Ord. 903 § 2, 2015; Ord. 906 § 2, 2015)