CC RESOLUTION 4807 RESOLUTION NO. 4807
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTED 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 new air-conditioning unit located within City Hall was malfunctioning in
September 2012 due to a defective expansion valve. The HVAC unit was
installed by staff in the building in August 2012 but failed to cool the lower
level offices in City Hall. Because the weather was hot during August and
September, it created extreme and uncomfortable working conditions for
employees affected by the malfunctioning unit.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to repair the air-
conditioning unit in accordance with El Segundo Municipal Code
("ESMC")§ 1-7-12.
E. The malfunctioning air-conditioning unit created a sudden, unexpected
occurrence that poses a clear and imminent danger to 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 retroactively effective immediately upon
adoption and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 5th day of February, 2013.1
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„_.,- --,-, .,...,./ -____-
Carl Jacobson, Mayor
ATTEST:
Ucii Trac Weave plaabee____.
t Clerk
APPROVED AS ,'• Fy ., :
Mark D. Hensle ,;'Ci o -
Ir
By: ,
Karl H. Berger, ' .sistant City Attorney
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