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Home My WebLink About50A - ORD - PURCHASING RULESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: ORDINANCE AMENDING MUNICIPAL CODE PURCHASING RULES AND REGULATIONS SECTION 2-807 ~~ - ..~ w~ 3~ a CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending Section 2-807 of the Santa Ana Municipal Code Purchasing Rules and Regulations. DISCUSSION To improve preparedness in the event of a national disaster or act of terrorism, the City's Emergency Preparedness Committee performs drills and attends presentations by the Federal Emergency Management Agency (FEMA) to ensure compliance with federal requirements. As a result of training in Finance Disaster Cost Recovery, staff has determined that a clarification in the Santa Ana Municipal Code (SANG) regarding emergency purchases is required. Although Section 2-807 of the SAMC provides for non-bid emergency purchases, it requires the affirmative vote of at least two- thirds of the members of the city council, which may be impractical in the event of a large-scale disaster. Clarifying the City's rules regarding emergency procurement procedures will ensure that expenditures incurred in response to a disaster will be eligible for reimbursement by the FEMA. Additionally, the ordinance outlines reporting requirements to the City Council for emergency procurement. FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~~~.~~ ~'~ ~ ~a~ .~ Francisco Gutierrez Executive Director Finance and Management Services Agency 50A-1 LSS3/7/08 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-807 OF THE SANTA ANA MUNICIPAL CODE RELATING TO NON BID PURCHASES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 7, 2007 The City Council adopted Ordinance No. NS-2742, amending Chapter 2, Article VII of the Santa Ana Municipal Code (SAMC), "Purchasing Rules and Regulafions," to provide a comprehensive set of purchasing rules and regulations. B. Section 2-807 of said SAMC regulates non-bid purchases. Section 2-807(b) provides that emergency purchases may be made without the need for competitive bidding upon the declaration of a state of emergency in the City by an affirmative vote of two-thirds of the City Council members. C. In the event of a disaster or emergency declared by the Federal government, the Federal Emergency Management Agency (FEMA) may reimburse disaster-related expenditures made in compliance with the local agency's policies and procedures. D. It is necessary to clarify that disaster-related expenditures are authorized by the SAMC, with subsequent reporting to the City Council. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. 50A-2 Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 2-807 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 2-807. Non-bid purchases. The following contracts may be exempted from competitive bidding through an open market purchase by the purchasing manager, and confirmed by the city council in the case of contracts for over twenty five thousand dollars ($25,000.00), but shall nevertheless be entered into only after compliance with the rules established by the purchasing manager, which shall include the 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 at minimum costs: (a) Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one reasonably available source or where solicitation of bids would for any reason be an idle act. (b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency or disaster in the city Tea~~two-t#~i,~-(~'-^vrt~l~cr~~v°~~ „f +-,o ,.;+., ..~„~~,~. A full written account of emergency procurements made during the declared emergency or disaster shall be submitted to the City Council within thirty (30) days after their procurement. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds 2/3) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the General Services Administration), astate agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for services. 50A-3 Section 4. 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. ADOPTED this day of , 2008 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 50A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-X;XX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-5 50A-6