CC RESOLUTION 4803 RESOLUTION NO. 4803
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. During recent rain storms, increasing water intrusion through the Dispatch
Center roof has caused damage to flooring and ceiling tiles and is rapidly
encroaching on our main server room, which houses our main file server,
video server, sequel server, core router, switcher, video server, and
telecommunication system. The cost to replace the critical infrastructure
housed inside the server room would exceed several hundred thousand
dollars and would severely impact public services.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to repair the Dispatch
Center roof.
E. The water intrusion into the Dispatch Center constituted a sudden,
unexpected occurrence that posed a clear and imminent danger to City
property, and its citizens. 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.
Resolution No4803
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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remain effective unless superseded by a subsequent resolution.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 18 day of December, 2012.
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Carl Jacobt'on, Mayor
ATT T:
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Tracy Weavev City Clerk
APPROVED AS TO FORM:
L.ct,
Karl H. Berger, City Atte ey
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Resolution No. 4803
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