CC RESOLUTION 4768RESOLUTION NO. 4768
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. The cooling tower at the City Public Library stops working. City Manager
declared an administrative state of emergency and authorized staff to
repair the broken pipelines using emergency procedures. The repairs are
to be completed by Siemens.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to repair the broken
water pipeline and street pavement in accordance with applicable law.
E. The broken cooling system and consequent discomfort caused by the
system failure 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.
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SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 20th day of December 2011.
Eric Busch, Mayor
ATTEST:
K l�tµOr
imi-
Cindy Mortesen, City Clerk
APP OVED AS TO FORM:
l
�y erger, Assis ant City Attorney
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