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Res 17-044RESOLUTION NO, 17-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, PROCLAIMING THE TERMINATION OF WAIVER OF THE FORMAL BID PROCESS FOR EMERGENCY REPAIR OF THE BOILER LOOP UNDER CITY HALL WHEREAS, Public Contract Code sections 20168 and 22050 provide that the City Council may pass by a four-fifths vote, a waiver of the formal bid process in the case of an emergency which does not allow time for a formal bid process; WHEREAS, Public Contract Code sections 20168 and 22050 provide that the City Council may pass by a four-fifths vote, a declaration that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, on May 16, 2017, the City Council passed Resolution No. 17-023 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Waiver of the Formal Bid Process for Emergency Repair of the Boiler Loop Under City Hall" as a result of a broken pipe under the City Hall foundation; WHEREAS, a City contractor performed the repair of the broken boiler loop and installed three interceptors, and the operational aspects of the project are considered complete; and WHEREAS, the City of Poway expended $15,304.23 for necessary repairs under the emergency authorization. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The foregoing recitals of fact are found to be true and correct, and the appropriate emergency repairs were authorized by the City Manager in accordance with Public Contract Code Section 22050. Section 2: The required work to ensure public health and safety is not compromised, necessitating a waiver of the City's formal bid process for the City of Poway, has been completed. Section 3: Resolution No. 17-023 is hereby rescinded. Section 4: This Resolution shall require a four-fifths vote of the City Council. Resolution No. 17-044 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 18th day of July 2017. eve Vaus, Mayor ATTEST: Na'ncyNe'Ofelfl, CMC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-044 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of July 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE q/ Ne f Id, MC, City Clerk City of Poway