HomeMy WebLinkAboutReso 153-2018 (18-630)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 153 -2018
File Number: 18 -630 Enactment Number: RES 153 -2018
RESOLUTION DELEGATING AUTHORITY TO THE CITY
MANAGER, OR HIS OR HER DESIGNEE, PURSUANT TO
CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050(B) TO
ENTER INTO EMERGENCY PUBLIC WORKS CONTRACTS.
WHEREAS, California Public Contract Code Section 22050(a) provides that in the case of an
emergency, a public agency, pursuant to a four -fifths vote of its governing body, may repair or replace a
public facility, take any directly related and immediate action required by that emergency, and procure
the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let
contracts; and
WHEREAS, pursuant to Section 22050(b), the City Council, by a four -fifths vote, may delegate, by
resolution or ordinance, to the appropriate city manager, chief engineer, or other nonelected agency
officer, the authority to order any action pursuant to Section 22050(a); and
WHEREAS, if a person with authority delegated, pursuant to Section 22050(b), orders any action
specified in Section 22050(a), that person shall report to the City Council, at its next meeting required
pursuant to Section 22050, 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; and
WHEREAS, if a person with authority delegated pursuant to Section 22050(b) orders any action
specified in Section 22050(a), the City Council shall initially review the emergency action not later than
seven days after the action, or at its next regularly scheduled meeting if that meeting will occur no later
than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action
is terminated, to determine, by a four -fifths vote, that there is a need to continue the action, unless the
person with delegated authority pursuant to Section 22050(b) has terminated that action prior to the City
Council's review and determination; and
WHEREAS, from time to time, sudden, unexpected events may occur that pose a clear and imminent
danger, requiring an immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services provided by the City of South San Francisco; and
WHEREAS, in order to quickly and effectively order emergency action, the City Council of the City of
South San Francisco desires to delegate to the City Manager, or his or her designee, the authority
authorized under Section 22050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of South San Francisco ( "City Council ")
hereby RESOLVES as follows:
City of South San Francisco Page 1
File Number. 18 -630
Enactment Number. RES 153 -2018
SECTION 1. Findings. The City Council finds and determines that each of the findings set forth above
are true and correct.
SECTION 2. Delegation of Authority. Pursuant to California Public Contract Code Section 22050, the
City Council hereby delegates authority to the City of South San Francisco City Manager or his or her
designee, as designated in writing, the authority to order any emergency action and enter into necessary
contracts pursuant to the provisions and restrictions of California Public Contract Code Section 22050.
At a meeting of the City Council on 9/12/2018, a motion was made by Pradeep Gupta, seconded by Mark
Addiego, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Gupta, and
Abs
City of South San Francisco Page 2