AgdaPkt 2010-09-08 - Laserfiche WebLink

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water quality within the lagoon. The City Council has designated the City Manager to be the Director of Emergency Services (Municipal Code section 10.5). As such, the City Manager has the power to proclaim the existence of a local emergency (Municipal Code section 10.6). Generally, the City Charter and Municipal Code require public contracts exceeding a threshold dollar amount to be awarded by Council subject to public bidding (City Charter sections 67 and 68). However, the City Charter provides an exception to these rules and empowers the Council to dispense with the routine public bidding process in the case of an extraordinary fire, flood, storm, epidemic, or other disaster by adopting a resolution passed by a five- sevenths (5/7ths) vote, determining that the public interest or necessity demands the immediate expenditure of public money to safeguard life, health, or property (City Charter section 68). State law more specifically provides that the City Manager's authority to waive competitive bidding is triggered when an emergency will not permit a delay, and that certain actions and expenditures are necessary to respond to the emergency (Public Contract Code 9 22050). The City Council must review the City Manager's action not later than 7 days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at every regularly scheduled meeting thereafter until the action is terminated (Public Contract Code 9 22050). On September 1, 2010, the City Manager declared a local emergency because the ruptured sewer force main, which constitutes a threat to life, health, and property, and it was necessary for the City to immediately spend funds to repair and clean up from the rupture without the benefit of prior Council action. This meeting is occurring within. seven days of the City Manager's declaration. The purpose of this report is to provide the City Council with the necessary information to review the City Manager's action and, if the City Council deems appropriate, to confirm the emergency and ratify the actions taken pursuant to the declaration of emergency. The City Manager will report further to Council at its next regularly scheduled meeting. It is anticipated that Council can likely terminate, or ratify the termination of, the local emergency at this time. Alternative 1. Rescind the proclamation of local emergency, and direct staff to stop work and solicit bids via the public bidding process prescribed by the City Charter and Municipal Code 2. Direct staff to take no further action to abate the damage caused by the ruptured main Fiscal Impact To date, the purchase orders that have been issued and/or invoices paid thus far consist of: $88,000 to Waterworks to acquire and apply a treatment to improve lagoon water quality, and $50,550 to A 1 Septic Tank for providing tanker trucks used to divert and capture sewage flow. Anticipated additional expenses are to related to the cost of water quality sampling, testing and analyses; tanker truck(s) assistance and standby support from two additional firms; and construction cost associated with the repair of the sewer force main.