HomeMy WebLinkAbout11A - ORD PURCHASING RULES
LSS3/7108
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 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.
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Section 2. The adoption of this ordinance is exempt from CEQA and a
Notice of Exemption will be tiled 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. 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
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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.
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: Council members
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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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-XXX 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
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