1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.04.310 AND ADDING SECTION 1.04.312 OF
CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO THE PROCUREMENT OF CERTAIN
EQUIPMENT, MATERIALS, SUPPLIES AND SERVICES FOR
THE PUBLIC UTILITIES DEPARTMENT TO ADDRESS
EMERGENCY REPAIRS, OPERATIONS, MAINTENANCE,
AND CONSTRUCTION OF ELECTRIC AND WATER UTILITY
INFRASTRUCTURE
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That Section 1.04.310 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
“1.04.310 PURCHASING AGENT — AGENCIES SERVED.
The Purchasing Agent shall be responsible for procurement of all materials, supplies, and contractual services required by any and all departments of the city, except, to the Chief of Police, such purchases as to which, because of their nature as related to confidential, special or covert operations of the Police Department, the public interest in maintaining confidentiality outweighs the public interest in public disclosure thereof, as determined by the Chief of Police; technical and special advisory or engineering services procured by the City Council; subsistence and travel expenses procured in accordance with instruction issued by the City Council; election expenses incurred by the City Clerk; library books and supplies procured by the person designated as City Librarian; Data Processing technical computer hardware and software leased or procured by the Data Processing Manager; special investigative services and rehabilitation services procured by the City’s Risk Manager; purchases through the Stadium, Arena, Convention Center, and Golf Courses food and beverage reserve accounts which are approved by the Executive Director of Convention, Sports and Entertainment or the Golf General Manager; recoverable event-related services and materials reimbursed by tenants of the Stadium or Convention Center; equipment, materials, supplies, and support services used for emergency repairs to, or operation, maintenance, or construction of, electric and water utility infrastructure contracted or procured by the Public Utilities General Manager; and purchases made pursuant to the authority of the City Manager. All services, leases, or purchases by the above Departments, Divisions or Sections shall not exceed appropriations.”
SECTION 2.
That new Section 1.04.312 be, and the same is hereby, added to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read as follows:
2 “1.04.312 CRITICAL UTILITY OPERATIONS, REPAIRS, INFRASTRUCTURE
Equipment, supplies, materials and services contracted or procured by the Public Utilities Department for emergency repairs to, or operation, maintenance, or construction of, electric and water utility infrastructure pursuant to authority granted in Section 1.04.310 of this Chapter shall be subject to the following requirements:
.010 Contracts and purchases shall be limited to such equipment, materials, supplies, and support services needed for emergency repairs to, or operation, maintenance, or construction of, electric and water utility infrastructure, where the criticality of maintaining safe and reliable electric and water service requires sufficient inventory and effective supply chain processes that provide timely execution and delivery of such purchases. .020 The authority granted to the Public Utilities General Manager to contract or procure equipment and support services used hereunder shall be limited to a maximum of three million dollars per transaction. Transactions greater than three million dollars shall require City Council approval. Expenditures pursuant to this section shall not exceed amounts appropriated and available for such purposes pursuant to the budget approved by the City Council. .030 The Public Utilities Board shall be provided with periodic reports of procurement activities detailing transaction amounts, vendors, and the quantities and descriptions of equipment, supplies, materials and services procured. The Public Utilities General Manager shall maintain documents and records regarding the use of the funds and the nature of the expenditures, subject to periodic audits by the City's Audit Division. .040 Such purchases shall follow the same procurement requirements as are required for purchases by the Purchasing Agent, including competitive bidding requirements. City Council approval is required for purchases that require waiver of competitive bidding requirements.”
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
3 SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once, within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM