HomeMy WebLinkAboutOrdinance No. 2205-2007Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 2205-200'7
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 7.15.050 TO ADD SUBSECTION (g) ALLOWING EMERGENCY PURCHASING
WITHOUT COMPETITIVE BIDDING.
WHEREAS, KMC 7.15.050 sets out exceptions to the competitive bidding requirements
contained in KMC 7.15; and,
WHEREAS, none of the exceptions provide for purchasing during emergency situations
where the emergency makes competitive bidding impractical; and,
WHEREAS, a provision should be added to the city code allowing for emergency
procurement without competitive bidding; and,
WHEREAS, it is in the best interest of the City of Kenai to amend KMC 7.15.050 to
include a provision allowing emergency procurement without competitive bidding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that: KMC 7.15.050 is amended by adding subsection (g) as follows:
(g) 7.15.050 Purchases, when competitive bedding not required.
(1) The city may award a contract for supplies, services,
professional services or construction without competition,
formal advertising or other formal procedure where the City
Manager determines in writing that an emergency threatening
the public health, safety or welfare requires that the contract
be awarded without delay. The City Manager shall make a
report on such contract to the Council no later than the next
regular meeting following award of the contract.
(2) For purposes of this subsection, an "emergency" is defined as
the occurrence or imminent threat of widespread or severe
damage, injury, loss of life or property, or shortage of food,
water, or fuel resulting from (A) an incident such as storm,
high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, avalanche,
snowstorm, prolonged extreme cold, drought, fire, flood,
epidemic, explosion or riot; (B) the release of off or a hazardous
substance if the release requires prompt action to avert
environmental danger or mitigate environmental damage; (C)
equipment failure if the faffure is not a predictably frequent or
recurring event or preventable by adequate equipment
maintenance or operation; (D) enemy or terrorist attack or a
credible threat of imnunent enemy or terrorist attack in or
against the state that the adjutant general of the Department
Ordinance No. 2205-2007.
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of Military and Veterans Affairs or a designee of the adjutant
general, in consultation with the commissioner of public safety
or a designee of the commissioner of public safety, certifies to
the governor has a high probability of occurring in the near
future; the certification must meet the standards of AS
26.20.040(c); in this paragraph, "attack" has the meaning given
under AS 26.20.200; or (E) an outbreak of disease or a credible
threat of an imminent outbreak of disease that the
conunissioner of health and social services or a designee of the
commissioner of health and social services certifies to the
governor has a high probability of occurring in the near future;
the cerlification must be based on specific information received
from local, state, federal, or international agency, or another
source that the commissioner or the designee determines is
reliable.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of
February, 2007.
PAT PORTER, MAYOR
ATTEST:
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Carol L. Freas, City Clerk
Introduced: January 17,2007
Adopted: February 7, 2007
Effective: March 7, 2007