CC RESOLUTION 4874RESOLUTION NO. 4874
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 AND Ell SEGUNDO
MUNICIPAL CODE §§ 1 -7 -12 and 1 -7A -4 AND FINDING
THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY REPAIR.
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 the City's current roofing project, located within the public facility
identified as City Hall, it was discovered two portions of aging ductwork on
the roof were damaged and had allowed rainwater to infiltrate during the
recent storm events. The ductwork, if it remains, will introduce water into
the HVAC system, a situation which has the potential to contribute to the
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spreaa or aisease- causing organisms.
Additionally the new City Hall roof is nearing the end of its curing period
and will be ready for its final surface coating in the next few weeks.
Removing and replacing the ductwork before the surface coating has been
applied will also prevent the new final coating from being damaged as a
result of the duct work. Therefore time is of the essence for both health
and logistical reasons.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager is taking immediate emergency action to
remove and replace the ductwork in accordance with El Segundo
Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4 and has reported his
actions to the City Council.
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E. The leaking portions of ductwork constitute a sudden, unexpected
occurrence that poses 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 have imperiled essential public
services.
G. The project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000
et seq. ( "CEQA ") pursuant to CEQA Guidelines § 15269(a) because the
repair of the leaking ductwork to this public facility is necessary to maintain
service essential to the public, health and welfare.
SECTION 2: In light of the emergency described above, the City Council ratifies the
actions of the City Manager to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050 and ESMC §§ 1 -7A -4 and and 1 -7A -4.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 6t" day of May, 2014.
ATTEST:
Tracy 1Neave City Clerk
uzah a Fuentes, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Al
tt
orne
By: wry
Karl H. Berger, Assistant City Attorney
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