REPORT TO COUNCIL
SUBJECT
Title
Receive a Report of an Emergency Procurement to provide Fuel for Emergency Bypass Pumping Operations at the Water Pollution Control Plant; Find that the Project is of Urgent Necessity for the Preservation of Life, Health, or Property; and Approve Budget Modification No. 5
Report
REPORT IN BRIEF
Staff is recommending Council receive a report of a completed emergency procurement for fuel to power bypass pumps at the Water Pollution Control Plant (WPCP). The pumps are being used to bypass a broken pipe that brings secondary effluent (treated sewage) from the WPCP Oxidation Ponds. Staff is also recommending that Council find that the project to respond to this emergency is of urgent necessity for the preservation of life, health or property in order to exempt construction work needed from competitive bidding under Sunnyvale Municipal Code section 2.09.070(b)(4). Budget Modification No. 5 to fund the purchase and emergency operations is also recommended. Staff will return to Council should additional budget appropriations be needed once final costs are identified.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, the City Manager, the Purchasing Officer or a department head, may make emergency procurements for goods and services (i.e., the purchase of fuel), regardless of the cost, if there is an urgent necessity to do so for the preservation of life, health or property. Emergency procurements shall be made with such competition as is practical and be limited to those goods and services necessary to satisfy the emergency need. For contracts greater than one hundred thousand dollars in any one transaction, the City Manager shall make a full and complete report to the City Council at its next regularly scheduled meeting. (Sunnyvale Municipal Code Section 2.08.190).
Pursuant to Chapter 2.09 of the Sunnyvale Municipal Code, competitive bidding can be exempted for public works projects if "deemed by the council ...
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