SALT LAKE COUNTY ORDINANCE

ORDINANCE NO.__________ __________, 2021

ESTABLISHING LIMITATIONS ON EMERGENCY PROCUREMENTS

AN ORDINANCE OF THE LEGISLATIVE BODY OF SALT LAKE COUNTY,
UTAH, AMENDING SECTION 2.86.050 OF THE SALT LAKE COUNTY
CODE OF ORDINANCES, 2001, ENTITLED “EMERGENCY RESPONSE
AND RECOVERY - POWERS OF THE MAYOR,” SECTION 3.16.110 OF
THE SALT LAKE COUNTY CODE OF ORDINANCES, 2001, ENTITLED
“PURCHASING AGENT – CONFLICT OF INTEREST PROHIBITED,” AND
SECTION 3.20.040 OF THE SALT LAKE COUNTY CODE OF
ORDINANCES, 2001, ENTITLED “PURCHASING PROCEDURES –
EMERGENCY PROCURMENTS” ESTABLISHING LIMITATIONS ON THE
LENGTH OF A CONTRACT ENTERED INTO FOR AN EMERGENCY
PROCUREMENT AND PROHIBITING EMERGENCY PROCUREMENTS
BENEFITING COUNTY ELECTED AND APPOINTED OFFICIALS OR
THEIR HOUSELHOLD AND/OR IMMEDIATE FAMILY MEMBERS

The County Legislative Body of Salt Lake County ordains as follows:

SECTION I. The amendments made herein are designated by underlining the new

substituted words. Words being deleted are designated by brackets and strike-through.

SECTION II. Section 2.86.050, of the Salt Lake County Code of Ordinances, 2001 is

hereby amended to read as follows:

2.86.050 - Powers of the mayor.

A. In a state of emergency, declared by either the mayor or the governor, the mayor is

empowered to make all necessary efforts to respond to, prevent, or ameliorate the effects of

an emergency or disaster, including, but not limited to, using all county resources, issuing

evacuation orders, establishing evacuation routes, suspending the sale of alcoholic

beverages, controlling entry to and exit from any disaster area, clearing or removing debris

or wreckage, invoking the provisions of any mutual aid agreement with another
 governmental entity, and such other powers and authority which are reasonably necessary

for the preservation of life and property and as may be set out state statute.

1. The mayor shall have full power to secure the availability of supplies, clothing,

vehicles, fuel, equipment, food and water as may be reasonably necessary to respond to

the emergency. Emergency procurement may be accomplished by utilizing the

procedures set forth in section 3.20.040 of the Salt Lake County Code of Ordinances,

2001. The initial term of a contract entered into due to a declared state of emergency

under this chapter may be for no longer than 30 days. However, the initial term of a

contract entered into due to a declared state of emergency under this chapter related to a

natural phenomenon may be for no longer than 60 days.

2. The mayor’s authority does not extend to an emergency wholly located within a

municipality unless the governing body of the municipality requests relief and

assistance from the county or to the extent assistance is provided pursuant to an

interlocal or mutual aid agreement.

B. In a state of emergency, the mayor may exercise emergency powers and functions in

response to the exigencies of the disaster, including waiving compliance with any time-

consuming procedures and formalities, including notices, as may otherwise be required.

C. In a state of emergency, the mayor may issue any and all such other orders or undertake

such other functions and activities as the mayor reasonably believes is required to protect the

health, safety, or welfare of persons or property within the county or to otherwise preserve

the public peace or to abate, clean up, or mitigate the effects of any emergency or disaster.

Rules and regulations adopted by the mayor in response to the state of emergency have the

force and effect of law, upon filing with the county clerk. All rules and regulations adopted

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 in response to a state of emergency shall expire once the state of emergency is no longer in

effect.

D. In a state of emergency, the mayor is responsible to appoint county employees or agencies to

perform the following activities during the emergency:

1. Coordinate the activities and management of private volunteers, including maintaining

records of volunteer work in accordance with Federal Emergency Management Agency

(FEMA) needs;

2. Ensure that all records and receipts for funds expended in emergency response are

maintained in accordance with FEMA needs;

3. Coordinate and ensure prompt communication with the media about the emergency,

providing to the extent possible, one consistent voice regarding county activities;

4. Maintain ongoing communication with the county council, county elected officials and

other government entities.

E. In the event of a public health emergency, the mayor may declare a state of emergency at the

request of the director of the health department or the board of health. To prevent or contain

the outbreak and spread of a communicable or infectious disease, the mayor, together with

the director of the health department, may issue orders to:

1. Close theaters, schools and other public places and prohibit gatherings of people when

necessary to protect the public health.

2. Exercise physical control over property and over individuals as the health department

finds necessary for the protection of public health.

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 3. Exclude from school attendance any person, including teachers, who is suffering from

any communicable or infectious disease, if the person is likely to convey the disease to

those in attendance.

4. The authority of the director of the health department extends to a public health

emergency wholly located within a municipality.

F. 1. The sheriff’s office and such other law enforcement and peace officers as may be

authorized by the mayor are further authorized and directed to enforce the orders, rules

and regulations made or issued pursuant to this chapter.

2. During the period of a declared emergency or disaster, a person shall not:

a. Enter or remain upon the premises of any establishment not open for business to

the general public, unless such person is the owner or authorized agent of the

establishment;

b. Violate any orders duly issued by the mayor or authorized personnel; or

c. Willfully obstruct, hinder, or delay any duly authorized county officers, employees

or volunteers in the enforcement or exercise of the provisions of this chapter, or in

the undertaking of any activity pursuant to this chapter.

SECTION III. Section 3.20.040, of the Salt Lake County Code of Ordinances, 2001 is

hereby amended to read as follows:

3.16.110 – Conflict of interest prohibited.

A. Except as provided for in Section 3.16.110(B) below, no officer, employee, agent,

representative or member of any council, board, committee or commission of the county

shall have a financial interest in any contract, bid, or proposal; receive any compensation or

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 gift from any offeror; or have any other conflict of interest, as defined by these ordinances,

the Utah Public Officer’s and Employee’s Ethics Act or by the County Officers and

Employees Disclosure Act. Contracts entered in violation of this section are voidable and, if

payments have been made, may be subject to action by the county to recover funds.

B. An officer, employee, agent, representative or member of any council, committee, board or

commission of the county may have an interest in any contract, bid, or proposal to provide

goods or services to the county upon compliance with the following conditions:

1. The officer, employee, agent, representative or member of the council, board,

committee or commission of the county shall not participate in the procurement process;

2. The officer, employee, agent, representative or member of the council, board,

committee or commission shall fully disclose the individual's interests or conflicts at the

time of submitting the bid or proposal to the county;

3. The officer, employee, agent, representative or member of the council, board,

committee or commission of the county shall also make and file the disclosures required

by the Utah Public Officer's and Employee's Ethics Act, the County Officers and

Employees Disclosure Act and Section 2.80.100, Salt Lake County Code of Ordinances,

2001;

4. The purchasing agent shall certify that the award is in the best interest of the county

and that the award is:

a. To the lowest or highest (as appropriate) responsive and responsible bidder; or

b. That the selection process was in accordance with county ordinance; or

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 c. In the event no competitive process was followed, that the acquisition was not

susceptible to award by competitive bidding pursuant to Section 3.20.030.

C. Notwithstanding subsection B of this section, no public officer or employee shall have

personal investments in any business entity which will create a substantial conflict between

his or her private interest and his or her public duties.

D. Notwithstanding subsection B of this section, no County elected official or non-merit

appointed County employee, members of such official’s or employee’s households and/or

immediate families, or persons providing regular financial support to such officials or

employees shall have a pecuniary interest in any contract, bid, or proposal to provide goods

or services to the County on an emergency basis utilizing the procedures set forth in section

3.20.040 of the Salt Lake County Code of Ordinances, 2001.

E. Notwithstanding subsection B of this section, a County officer, employee or volunteer with

either a restricted or a non-restricted conflict of interest, or any other conflict of interest as

defined by applicable federal law or regulation, shall not participate in the selection, award,

or administration of a contract that may be supported in whole or in part by a Federal grant

or award.

[D.] F. Violation of this section is a class B misdemeanor, and such violation shall be punished

in accordance with the provisions of state statute that define the fines, imprisonment or other

penalties that apply to a conviction of a class B misdemeanor. Violators shall also be subject to

disciplinary action.

SECTION IV. Section 3.20.040, of the Salt Lake County Code of Ordinances, 2001 is

hereby amended to read as follows:

3.20.040 - Emergency procurements.

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A. Notwithstanding any other provision of this chapter, the purchasing agent or designee, may

make or authorize others to make emergency procurements when there exists a threat to

public health, welfare or safety under emergency conditions, as hereinafter set forth,

provided that such emergency procurements shall be made with such competition as is

practicable under the circumstances. A written determination of the basis for the emergency

and for the selection of the particular contractor shall be included in the contract file.

B. An “emergency condition” is a situation which creates a threat to public health, welfare or

safety such as may arise by reason of floods, epidemics, riots, equipment failures,

earthquakes, or such other reason as may be proclaimed by the mayor. The existence of such

conditions creates an immediate and serious need for supplies, services or construction that

cannot be met through normal procurement methods, and the lack of which would seriously

threaten:

1. The functioning of county government;

2. The preservation or protection of property; or

3. The health or safety of any person.

C. Emergency procurement shall be limited to those supplies, services or construction items

necessary to meet the emergency. The purchasing agent, or agent’s designee, or any agency

of the county authorized in writing by the purchasing agent, may make emergency

procurements when an emergency condition arises and the need cannot be met through

normal procurement methods, provided that, whenever practicable, approval by the

purchasing agent or the mayor shall be obtained prior to the procurement. When prior

approval is not reasonably obtainable, the mayor must consider the procurement at the

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 earliest possible time and either approve or disapprove of the procurement. Procurement

pursuant to an emergency not yet formally declared should follow the procedures outlined in

the county emergency plan. The initial term of any contract resulting from an emergency

procurement may be for no longer than 30 days. However, the initial term of a contract

entered into due to a declared state of emergency related to a natural phenomenon as defined

by chapter 2.86 of the Salt Lake County Code of Ordinances, 2001 may be for no longer

than 60 days.

D. The purchasing agent shall select a procurement method sufficient to assure that the required

supplies, services or construction items are procured in time to meet the emergency. Given

this constraint, such competition as is practicable shall be obtained by the purchasing agent.

E. The purchasing agent shall make a written determination stating the basis for an emergency

procurement and for the selection of a particular contractor. Such determination, together

with a copy of the purchase requisitions for the materials, supplies, equipment or

construction items which were purchased, shall be sent promptly to the mayor. Additionally,

the purchasing agent, as soon as practicable, shall prepare a record the emergency

procurement, which shall set forth:

1. The contractor’s name;

2. The amount and type of the contract; and

3. A listing of the supplies, services or construction procured under the contract. Copies of

such records shall be promptly submitted to the mayor.

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 SECTION V. This ordinance shall become effective fifteen (15) days after its passage and

upon at least one publication in a newspaper published and having general circulation in Salt

Lake County.

SIGNATURES ON THE FOLLOWING PAGE

APPROVED and ADOPTED this ______ day of ____________, 2021.

SALT LAKE COUNTY COUNCIL

By: _____________________________________
Steve DeBry, Chair

ATTEST:

_______________________________
Sherrie Swensen
Salt Lake County Clerk

APPROVED AS TO FORM
Digitally signed by Ralph
Ralph Chamness Chamness
_________________________________
Date: 2021.05.18 13:30:03 -06'00'

Deputy District Attorney Date

Council Member Alvord voting __________

Council Member Bradley voting __________
Council Member Bradshaw voting __________
Council Member DeBry voting __________
Council Member Granato voting __________
Council Member Snelgrove voting __________
Council Member Stringham voting __________
Council Member Theodore voting __________
Council Member Winder Newton voting __________

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 Vetoed and dated this ___ day of _________, 2021.

By: ______________________________________
Jennifer Wilson, Mayor

(Complete as Applicable)

Veto override: Yes ____ No ____ Date _____________

Ordinance published in the newspaper: Date __________

Effective date of ordinance: ___________________

SUMMARY OF

SALT LAKE COUNTY ORDINANCE NO. ____________

On the ____ day of ______, 2021, the County Council of Salt Lake County adopted
Ordinance No. __________, amending sections 2.86.050, 3.16.110, and 3.20.040 of the Salt
Lake County Code of Ordinances, 2001, providing that the term of any County contract resulting
from an emergency procurement may be for no longer than 30 days (or, in the event of an
emergency related to a natural phenomenon, no longer than 60 days), and prohibiting emergency
procurements benefiting county elected and appointed officials or their household and/or
immediate family members.

SALT LAKE COUNTY COUNCIL

By: _____________________________________
Steve DeBry, Chair
ATTEST:

_______________________________
Sherrie Swensen
Salt Lake County Clerk

Council Member Alvord voting __________

Council Member Bradley voting __________
Council Member Bradshaw voting __________
Council Member DeBry voting __________
Council Member Granato voting __________
Council Member Snelgrove voting __________
Council Member Stringham voting __________

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 Council Member Theodore voting __________
Council Member Winder Newton voting __________

A complete copy of the ordinance is available in the office of the Salt Lake County Clerk, 2001
South State Street, N2-100A, Salt Lake City, Utah.

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