HomeMy WebLinkAboutNS-2770 - Amending Section 2-807 of Santa Ana Municipal Code Relating to Non-Bid Purchases
LSS3/7/0B
ORDINANCE NO. NS-2770
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 Regulations," 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.
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):
Ordinance NS-2770
Page 1 of 3
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. 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), a state 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.
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 anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Ordinance NS-2770
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LSS3/7/08
ADOPTED this 18th day of AUQust, 2008
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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By: ( cLa-t o~ . .LU. iL
Laura Sheedy
Assistant City Attorne
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-2770 to be the original ordinance adopted by the City
Council of the City of Santa Ana on AUQust 18, 2008, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
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Date:
atricia E. Healy
Clerk of the Council
City of Santa Ana
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Ordinance NS-2770
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