This chapter is created to modify the City's regular purchasing practices to ensure that the City is able to acquire necessary goods and services while maintaining a purchasing process in compliance with applicable purchasing laws when an emergency or disaster is proclaimed. This chapter ensures that if the City is included in a federal emergency or disaster as declared by the President of the United States, the City procurements comply with federal regulations applicable to FEMA disaster grant reimbursement.
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"Proclaimed emergency or disaster"
as defined in this section means:
1. 
The President or Governor has declared or proclaimed a State of Emergency for an area that includes the geographic territory of the City; or
2. 
The City Council, the City Manager, or the Director of Emergency Management (as defined in the Huntington Beach Municipal Code) of the City has proclaimed an emergency in the City.
"Exigent circumstances"
as defined in this section means:
1. 
An emergency or disaster has been proclaimed by local, state, or federal authorities, and
2. 
The City's immediate need for goods or services to address imminent threats to public health, life, safety, or improved property will not permit competitive bidding.
"Simplified acquisition threshold"
as defined in this section means:
1. 
The dollar amount below which a non-federal entity may purchase goods or services using small purchase methods, as set forth in Title 2 of the Code of Federal Regulations, Part 200, as it may be amended from time to time.
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A. 
If the City Manager determines that goods and services must be procured before the City Council is able to meet and approve purchases, the City Manager has authority, subject to the limitations set forth in this chapter, to contract for, purchase or rent or lease any equipment, supplies, services or other items necessary to respond to an immediate threat to health, safety, or property.
B. 
The City Manager has the authority to delegate to the Chief Financial Officer, or his/her designee, the authority to rent, lease, or purchase any equipment, supplies, services, or other items necessary to respond to an immediate threat to health, safety, or improved property, up to a maximum of the simplified acquisition threshold, following procedures in Section 8.61.040.
C. 
The City Manager or his/her designee has the authority to approve purchases up to $500,000.00, following the procedures in Section 8.61.040.
D. 
Purchases that exceed $500,000.00 require the approval of the Mayor, the Mayor Pro Tem or, in their absence, another City Councilmember.
E. 
Administrative Procedures and Reporting Requirements.
1. 
As soon as possible after purchases are made under this section, the City Manager, or authorized department head shall submit to the Chief Financial Officer or designee a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated.
2. 
The Chief Financial Officer or designee will inform the City Manager and the City Council of any individual purchase under this section with a contract amount greater than the simplified acquisition threshold, and also whenever the aggregate of purchases under this section is greater than $1,000,000.00.
3. 
The Chief Financial Officer or designee will expedite the verification of funds available and complete the preparation of the purchase order.
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A. 
The regulations in Title 2 of the Code of Federal Regulations, Part 200, as it may be amended from time to time, are incorporated herein by reference.
B. 
Procedures for Competitive Procurements.
1. 
Competitive procurements for purchases below the simplified acquisition threshold shall not be required to be formally bid.
2. 
Competitive procurements for purchases equal to or exceeding the simplified acquisition threshold shall be conducted in accordance with the City's standard procurement process.
C. 
Procedures for Non-Competitive Procurements.
1. 
Non-competitive procurements may be used when one or more of the following circumstances exist:
a. 
Public exigency or emergency will not permit a delay resulting from competitive procurement;
b. 
The item is available only from a single source;
c. 
After solicitation of a number of sources, competition is determined inadequate; or
d. 
The federal awarding agency or pass-through entity expressly authorizes non-competitive proposals in response to a written request from the non-federal entity.
2. 
The authorized purchaser shall document the justification for non-competitive procurement in accordance with established procedures.
3. 
When a non-competitive procurement is used due to public exigency or emergency, the procurement shall be limited to that portion of the work that must be performed immediately. Procurement for any additional work shall be conducted through competitive procurement procedures.
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A. 
Posting of Contract Awards. Under this section, all contracts awarded that exceed the simplified acquisition threshold shall be presented to the City Council at the next practicable opportunity for ratification and thereafter shall be publicly posted within 60 days of the award.
B. 
Authority to Cancel Emergency Procurements. As a provision of this chapter, the City Manager is delegated the authority to rescind a contract for non-performance within 24 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 non-performance presents an immediate threat to life, safety, or improved property.
C. 
Requirement for Separate Invoicing. All purchases, rentals, or leases made during a declared or proclaimed emergency or disaster conditions shall require separate invoicing from routine (non-disaster or non-emergency related) purchases. All invoices shall state the goods, services, or equipment provided and shall specify where the goods or services were delivered.
D. 
Auditing of Invoices for Debris Clearance Prior to Payment. All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor. Vendors shall be notified of this requirement prior to the awarding of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA's Publication 325, Debris Management Guide.
E. 
Limitations of Proclaimed Emergency or Disaster Purchasing Policy. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to public health, life, safety or improved property shall follow the City's regular purchasing provisions.
F. 
Within the procedures and limits set forth in this chapter for purchasing during a proclaimed emergency or disaster, whenever possible, contracts for dollar amounts in excess of the simplified acquisition threshold shall be, when feasible, broken into a contract for the immediately required work to meet the emergency conditions, and a separate contract for any amount exceeding the simplified acquisition threshold, when that portion of the work exceeding the simplified acquisition threshold is not required to meet the emergency conditions which present an imminent threat to life, safety, the public health or improved property.
That portion of the contract in excess of the simplified acquisition threshold and not immediately needed to meet the emergency conditions shall be procured following the City's normal purchasing policy and the federal procurement regulations in Title 2 of the Code of Federal Regulations, Part 200, which require sealed bids or proposals for contracts in excess of the simplified acquisition threshold.
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