HomeMy WebLinkAboutOrdinance #4080 ORDINANCE NO. 4080
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW
CHAPTER 8.61 THERETO RELATED TO PURCHASING DURING A
PROCLAIMED EMERGENCY OR DISASTER
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended to add
new Chapter 8.61 entitled "Purchasing During a Proclaimed Emergency or Disaster" to
read as follows:
8.61.010 Purpose
8.61.020 Definitions
8.61.030 Delegations of Purchasing Authority in Exigent Circumstances
8.61.040 Procurement Procedures in Exigent Circumstances
8,61.050 Notification and Ratification
8.61.010 Purpose: This ordinance is created to modify the City's regular purchasing
practices to assure 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 ordinance assures 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.
8.61.020 Definitions:
A. "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 Eilleren
Management (as defined in the Iuntington Beach Municipal Code)
of the City has proclaimed an emergency in the City.
B. "Exigent Circumstances" as defined in this Section means:
1. An Emergency or Disaster has been proclaimed by local, State, or
Federal authorities, and
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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.
C. "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.
8.61.030 Delegation of Purchasing Authority in the event of Exigent Circumstances
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 or her designee has the authority to approve
Purchases up to five hundred thousand dollars ($500,000, following the
procedures in Section 8.61.040.
D. Purchases that exceed five hundred thousand dollars ($500,000) require
the approval of the Mayor, the Mayor Pro Tem or, in their absence,
another City Council_member.
E. Administrative Procedures and Reporting Requirements
1. As soon as possible after purchases are made under this section
8.61.030, 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
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Acquisition Threshold, and also whenever the aggregate of
purchases under this Section is greater than $1,000,000.
3. The Chief Financial Officer or designee will expedite the
verification of finds available and complete the preparation of the
purchase order.
8.61.040 Procurement procedures during a Proclaimed or Declared Emergency of
Disaster
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. Noncompetitive 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 front 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 noncompetitive proposals in response
to a written request from the non-Federal entity.
2. The authorized purchaser shall document the justification for
noncompetitive procurement in accordance with established
procedures.
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3. When a noncompetitive 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.
8.61.050 Notification and Ratification:
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 sixty (60) days of the award.
B. Authority to Cancel Emergency Procurements. As a provision of this
Ordinance, 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 ordinance 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
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Ordinance No. 4080
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.
SECTION 2. That this Ordinance shall become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on July 05 , 2016.
4
May
ATTEST: APPROVE O FORM:
A64'LCi Clerk it Attorney
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REVIEW APPROVED: INIT ATED AND APPROVED:
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City Npa er/ Chief Financial Officer
16-5260/136856/PD 5
Ord. No. 4080
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on June 20, 2016, and was again read to said City
Council at a Regular meeting thereof held on July 5,2016, and was passed and adopted
+by`the affirmative vote of at least-'a majority of all the members pf said City Council.
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Huntington Beach Wave on July 14,2016.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California