HomeMy WebLinkAboutOrd 1166 Emergency Purchases (Local Emergency)CITY OF PALM DESERT
DEPARTMENT OF DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Approval of an amendment to Chapter 3.32.080 Emergency Purchases,
to add provisions relating to the declaration of a local emergency.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: September 11, 2008
MEETING DATE q -(f _ O�
LI CONTINUE TO
CONTENTS: A. Staff Recommendation Er SSEB TO 2ND READING
B. Background and Discussion
C. Draft Ordinance No. 1166
D. P.D.M.C. Sections 2.48.020 & 2.48.090
RECOMMENDATION:
That the City Council adopt the findings to approve Draft Ordinance No.166 and
pass on to second reading.
DISCUSSION:
In order for a City to apply for FEMA reimbursement in support of expenditures during a local
emergency, a City must prove that they adhered to purchasing ordinances for all purchases.
Any purchases found to not conform to a City's purchasing ordinances will not be reimbursable.
In reviewing the current emergency and purchasing ordinances, staff has identified a possible
liability that could hinder reimbursement from FEMA. The current emergency purchasing
ordinance does authorize the City Manager to make immediate purchases of materials,
supplies, and equipment without regard to the standard purchasing practices of the City. Such
spending can only occur if certain criteria are met that constitutes an emergency, but does not
define how to declare a local emergency consistent with our local emergency ordinances. The
proposed amendment would add a cross reference between the current emergency spending
ordinance and how to declare a local emergency as defined in Section 2.48.90 of the Palm
Desert Municipal Code (see copy attached).
Staff believes that this minor addition would make any future applications to FEMA for
reimbursement as solid as possible. The City Attorney has reviewed to the proposed addition
and concurs with the addition.
Submitted By:
Ryan Stendell
Senior Management Analyst
Approval:
DepartmHead:
Homer Croy
ACM for Devel
ent Services
Carlos L. Ortega
City Manager
Paul Gibson
Director of Finance
ORDINANCE NO. �_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA,AMENDING CHAPTER 3.32.080A OF THE
PALM DESERT MUNICIPAL CODE BY ADDING SECTION 3.32.080A(5),
RELATING TO EMERGENCY SPENDING AND DECLARING A LOCAL
EMERGNCY.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3.32.080A (5) be and the same is hereby added to the Code
of the City of Palm Desert, California, to read as follows:
"Section 3.32.080A(5)A local emergency is declared as defined in section 2.48.020
and 2.48.090 of the Palm Desert Municipal Code.
Section 2. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper
of general circulation, printed and published in the County of Riverside and circulated
within the City of Palm Desert, and the same shall be in force and effect thirty (30) days
after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this � day of :, 2008, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
3.32.080 Emergency purchases.
While the need for occasional emergency purchases is recognized, the practice must be
curtailed as much as possible by anticipating needs so that the normal purchasing procedure may
be used.
A. An emergency shall be deemed to exist i£
1. There is a great public calamity;
2. There is immediate need to prepare for national or local defense;
3. There is a breakdown in machinery or an essential service which requires the
immediate purchase of supplies or services to protect the public health, welfare or safety;
4. An essential departmental operation affecting the public health, welfare or safety
would be greatly hampered if the prescribed purchasing procedure would cause an undue delay
in procurement of the needed item or service.
5. A local emergency is declared as defined in 2.48.20 (definitions) and 2.48.90
(declaration of local emergency) of the Palm Desert Municipal Code.
B. In the case of an emergency which requires the immediate purchase of materials,
supplies, equipment or contractual services, the city manager may authorize the purchasing
officer to obtain any goods or services without regard to the provisions of this chapter; provided,
that a written public record shall be kept showing the nature of the emergency and the city
manager's authorization to proceed under the provisions of this section. (Ord. 224 § 8, 1980)
2.48.020 Definitions. Page 1 of 1
Palm Desert Municipal Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chaoter 2.48 DISASTER RELIEF
2.48.020 Definitions.
_ _ _ _ __
_
A. As used in this chapter,"emergency"means the actual or threatened existence of conditions of disaster or of extreme peril to the
safety of persons and property within the city caused by such conditions as air pollution,fire,flood,storm,epidemic,riot,earthquake or
other conditions,including conditions resulting from war or imminent threat of war,but other than conditions resulting from a labor
controversy,which conditions are or are likely to be beyond the control of the services,regular personnel,equipment and facilities of the
city and which may require the combined forces of other political jurisdictions to combat.
B. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act.(Ord. 116§§2.1,2.2,
1976)
http://qcode.us/codes/palmdesert/view.php?topic=2-2_48-2_48_020&frames=off 8/25/2008
2.48.090 Declaration of local emergency. Page 1 of 1
Palm Desert Municipal Code
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Ttl�2 ADMINISTRATION AND PERSONNEL
Chapter 2.48 DISASTER RELIEF
2.48.090 Declaration of local emergency.
_ _ __ _ _ _
A. A local emergency may be declared for good and sufficient reason by the council,or if the council is not in session,by:
]. City manager;
2. Emergency services coordinator;
3. Assistant city managerhedevelopment;
4. Assistant city manager/public works;
5. Assistant city manager/director of community development;
6. Assistant city manager/economic development.
B. Whenever a local emergency is proclaimed by other than the council,the council shall take action to ratify the proclamation
within seven days thereafter or the proclamation shall have no further force or effect.(Ord.758§4, 1994:Ord. 116§5.2, 1976)
http://qcode.us/codes/palmdesert/view.php?topic=2-2_48-2_48_090&frames=off 8/25/2008