AgdaPkt 2017-07-24 Closed and Joint SA FPA

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6.1.F. - Page 2 Staff determined that the station's critical role in the City's sewer collection system, and close proximity to the Redwood Shores Lagoon, necessitated the immediate expenditure of City funds to protect public health and property from a potential sanitary sewer overflow. Pursuant to Resolution 15058, the City Council delegated to the City Manager the authority to waive public bidding in the event that the City Manager declares an emergency and based on substantial evidence finds that the emergency will not permit a delay resulting from competitive solicitation for bids and such emergency action is in the public interest and necessary to safeguard life, health, property or essential public services, subject to the review through the process detailed in Public Contract Code section 22050. The City Manager declared an emergency and determined that the purchase of two pumps from Xylem without competitive bidding was necessary to respond to the emergency, in the public interest, and necessary to safeguard public health. The City Manager granted approval for the emergency purchase and staff placed an order with Xylem. All pumps in the City's sewer collection system are standardized to Flygt submersible pumps, which are manufactured and serviced by Xylem. The first pump was shipped over air and installed in May 2017, with the second pump following in June 2017. Station 10 is now fully functional with two new pumps and a third retrofit pump to act as a backup. At the time of the pump failures, staff was not aware that the City Council had previously determined that, in situations where the City Manager orders emergency action, the City Manager must report to the City Council at its next meeting the facts that established the emergency and why the actions taken were necessary to respond to the emergency. As a result, this emergency declaration was not reported at the next City Council meeting. Staff will ensure that any future emergency declarations are reported as required. Staff strongly believe that initiating the emergency procurement process was in the public interest and necessary to safeguard public health. Staff respectfully request that Council approve the City Manager's emergency action and approve the purchase of two pumps. ALTERNATIVES There are no alternatives available as the equipment has already been purchased and installed due to the emergency circumstances. FISCAL IMPACT Funds in the amount of $133,504.78 are available in the Sewer Capital Projects fund. ENVIRONMENTAL REVIEW This activity is not a project under CEQA as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or foreseeable physical change in the environment.