HomeMy WebLinkAboutNS-2312 - Amending 2-807 of Santa Ana Municipal Code to Add an Exception to Bidding Requirements to Permit Bulk Purchases at Discount by Agreement With Approved Governmental VendorsDMF:ll/12/96
ORDINANCE NO. NS-2312
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 2-807 OF THE SANTA ANA
MUNICIPAL CODE TO ADD AN EXCEPTION TO
BIDDING REQUIREMENTS TO PERMIT BULK
PURCHASES AT DISCOUNT BY AGREEMENT WITH
APPROVED GOVERNMENTAL VENDORS
WHEREAS, other governmental entities have established lists of
contractors who have previously and historically been successful
low bidders on specifications openly bid; and
WHEREAS, the city may, by adopting an additional exception to
the open bidding exceptions set forth in other subsections of Santa
Ana Municipal Code Section 2-807, effect considerable savings and
economy by establishing such a list of suppliers of materials,
services and equipment on contracts of these types.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 2-807 of the Santa Ana Municipal Code
is hereby amended to read as follows:
seo. 2-807. Open market purchases.
Any contract involving expenditure of public funds, even though
not required to be let by competitive bidding after publication of
notice, shall nevertheless be entered into only after review of
such alternative sources of supply or performance as may be
available in competition with one another and selection therefrom
on the basis of obtaining maximum quality goods, services or
performance at minimum costs. Purchases may be made in the open
market without observing the bidding requirements prescribed by the
City Charter or this article, in each and every one of the
following cases:
(a) Purchases of services, supplies, materials and equipment,
the expenditure for which does not exceed ten thousand dollars
($10,000.00).
(b) Purchases of services, supplies, materials and equipment
whenever it shall appear that thereis only one reasonably available
source, if approved in advance by the city council.
(c) Purchases of services, supplies, materials and equipment
deemed by the city council to be of urgent necessity for the
preservation of life, health or property, provided such purchases
are authorized by a resolution of the council containing a
declaration of the facts constituting the urgency, and adopted by
the affirmative vote of at least two-thirds (2/3) of the members of
ORDINANCE NS-2312
PAGE 2
the council.
(d) Situations where solicitation of bids would for any reason
be an idle act, if approved in advance by the city council.
(e) Situations where no bids are received, after advertising
therefor.
(f) Purchases from vendors whose names are on current estab-
lished lists and have been awarded the same type of purchase
contract by a state agency, county, city or other public agency
after a competitive bidding process substantially equivalent to
that prescribed by the City Charter or this article.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The city Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3 : Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ORDINANCE NS-2312 66,1
PAGE 3
ADOPTED this 21st
ATTEST:
oe C. '/
k of the Council /
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Aye
McGuigan Aye
Franklin Aye
Moreno Aye
day of January , 1997.
t o, s~ ;~ W. Fletcher
, ~%ttorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
~ to be the original ordinance adopted by the City Council of the City
of Santa Aha on /~o~ [_ a} 7 ; and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date: ///2 7 / ~. 7
he Coun~il/.-'~
nta Ana ~