CC RESOLUTION 4593RESOLUTION NO. 4593
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council may repair
or replace a public facility, take any directly related and immediate action
required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to
let contracts.
C. On February 6, 2009, a breakage of a 24 -inch storm water pipeline
occurred on Vista Del Mar causing flooding, extensive pavement damage
and closure of Vista Del Mar between Grand Avenue and 45th Street.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to repair the broken
storm water pipeline and street pavement in accordance with El Segundo
Municipal Code ( "ESMC ")§ 1 -7 -12.
E. The broken storm water pipeline and consequent flooding constituted a
sudden, unexpected occurrence that posed a clear and imminent danger
to the City property, its citizens, and employees. This threat required
immediate action to prevent or mitigate the loss or impairment of essential
public services.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would imperil essential public services.
SECTION 2: In light of the emergency described above, the City Council directs the
City Manager, or designee, to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 17thday of February , 2009.
ATTEST:
Cindy M6hesen, City Clerk
Kelly McDowell
APPROVED AS TO FORM:
Mark D. Hensl City Attorney
By:
Karl H. Berger, Assistant dity Attorney
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