Legislative Public Meetings

File #: 22-0636   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 8/9/2022
Title: Receive a Report of an Emergency Procurement to Provide Polymer to Meet Compliance Requirements at the Water Pollution Control Plant (WPCP) and Find that the Project is of Urgent Necessity for the Preservation of Life, Health, or Property. (F22-145)
Attachments: 1. R2-2020-0002 NPDES Permit - Sunnyvale 4
REPORT TO COUNCIL

SUBJECT
Title
Receive a Report of an Emergency Procurement to Provide Polymer to Meet Compliance Requirements at the Water Pollution Control Plant (WPCP) and Find that the Project is of Urgent Necessity for the Preservation of Life, Health, or Property. (F22-145)

Report
REPORT IN BRIEF
Staff is presenting this report to Council to describe the completed emergency procurements for polymer that were needed to meet compliance requirements at the Water Pollution Control Plant (WPCP). The Plant has been impacted by a persistent, problematic, difficult-to-treat algae/cyanobacteria .The recently identified cyanobacteria has established itself in the WPCP secondary treatment system (oxidation ponds) and is dramatically impacting the Plant's ability to meet two of its effluent limits. This potentially subjects the City to minimum mandatory penalties, administrative orders, third party litigation, cease and desist orders, and other consequences.

A type of chemical compound called a polymer is used to reduce turbidity. The formulation of the current polymer has become ineffective due to the changes in the algae/cyanobacteria in the oxidation ponds. Fortunately, cationic polymers from two different manufacturers, Kemira Chemicals, Inc. (Kemira) and Solenis, LLS (Solenis) have proven to be more effective than the current polymer. Emergency purchase orders with these two suppliers were necessary to bring the WPCP into compliance.

EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, the City Manager, the Purchasing Officer or a department head may make or authorize others to make emergency procurements, regardless of cost, if there is an urgent necessity to do so for the preservation of life, health, or property. Such emergency procurements shall be made with such competition as is practical under the circumstances and shall be limited to those goods and services necessary to satisfy the emergency need. In the event that such emerge...

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