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HomeMy WebLinkAbout7997RESOLUTION NO. 7997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DELEGATING THE AUTHORITY TO ORDER EMERGENCY PUBLIC PROJECT CONTRACTING TO THE CITY MANAGER PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050 WHEREAS, Public Contract Code section 22050 authorizes the City Council to delegate the duties of emergency public project contracting when a sudden, unexpected occurrence poses a clear and irlmiient danger, requiring i Ti nediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public service, as defined in Public Contract Code section 1102; and WHEREAS, it is the desire of the City Council to delegate public project emergency contracting authority to the Redlands City Manager; NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows: Section 1. Pursuant to Public Contract Code section 22050(b)(1), the City Manager, is hereby delegated the authority to approve and execute, on behalf of the City, contracts for emergency public improvement work when a sudden, unexpected occurrence poses a clear and i uninent danger to the public health, safety or welfare (hereinafter "Emergency") requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or an essential public service, as defined in Public Contract Code section 1102. Section 2. In the event of an Emergency, the City Manager may cause the repair or replacement of a City -owned facility, take any directly related and irrnnediate action required by that Emergency, and/or procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Before the City Manager takes any action pursuant this Section, the City Manager shall make a funding, based on substantial evidence, that the Emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the Emergency. Section 3. If the City Manager orders any Emergency action, the City Manager shall report to the City Council the reasons justifying why the Emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the Emergency. The City Council shall initially review the City Manager's report and the Emergency action not later than seven (7) days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action. Section 4. At least at every regularly scheduled meeting thereafter until the action is terminated, the City Council shall determine, by a four -fifths vote, whether there is a need to continue the Emergency action, unless the City Manager or his or her designee has terminated that action prior to the City Council reviewing the Emergency action and making a determination pursuant to this section. I \Resolutions\Res 7900-7999\7997 Delegating the Authority to order Emergency Public Project Contracting to the CM.docJn Section 5. When the City Council reviews the Emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the Emergency action may be completed by giving notice for bids to let contracts. Section 6. The City Manager shall prepare a quarterly report to the City Council of all contracts approved pursuant to this Resolution. ADOPTED, SIGNED AND APPROVED this 16th day of July, 2019. Paul W. Foster, Mayor ATTEST: JdZnne Donaldson, City Clerk 2 IARcsolutions\Res 7900-7999\7997 Delegating the Authority to Order Emergency Public Project Contracting to the CM.doc jn 1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of July 2019, by the following vote: AYES: Councilmembers Barich, Tejeda, Momberger, Davis; Mayor Foster NOES: None ABSTAIN: None ABSENT: None Je e Donaldson, City Clerk 1:IResolutions\Res 7900-7999\7997 Delegating the Authority to Order Emergency Public Project Contracting to the CM.doc.jn