AgdaPkt 2018-09-10 Joint SA PFA - Laserfiche WebLink

Browse Search

6.1.J. - Page 2 emergency, finds that the emergency will not permit a delay resulting from competitive solicitation for bids, and such emergency action is in the public interest. The City Manager declared an emergency and determined that an emergency repair without competitive bidding was necessary to safeguard public health. The City Manager granted approval for the emergency repair and staff selected Able Septic Tank Service because of the contractor's ability to quickly mobilize and begin repairs the following morning. The pipe segment was repaired and placed back into service the same day, with additional finishing work completed the next day. At the time of the emergency, staff was under the impression that since the total amount of the repair was within the purchasing authority of the City Manager, a notification to the City Council at its next meeting was not required. However, upon further review of the Resolution 15058, staff realized that regardless of the amount, where the City Manager orders emergency action, staff 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. Staff will ensure that any future emergency declarations are reported as required. Staff strongly believes that initiating the emergency procurement process was in the public interest and was a necessary action in order to protect public health and the environment. As the emergency repair was necessitated from Kerne's activities, PWS is working to recover all costs associated with the City's response effort from Kerne. Concurrently, staff requests that City Council approve the City Manager's emergency action and approve the repair performed by Able Septic Tank Service. ALTERNATIVES There are no alternatives available as the repair was completed in order to restore the sanitary sewer system to operating condition under emergency circumstances. FISCAL IMPACT Funds in the amount of $19,478.86 are available in the Sewer Enterprise Fund. Staff will seek to recover costs for this repair from the responsible party. ENVIRONMENTAL REVIEW These activities are considered statutorily exempt pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269 — Emergency Projects because they are specific actions necessary to prevent or mitigate an emergency.