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HomeMy WebLinkAboutResolution 2021-115 N.C.S. 7/12/2021 Resolution No. 2021-115 N.C.S. Page 1 Resolution No. 2021-115 N.C.S. of the City of Petaluma, California RESOLUTION DISPENSE WITH FORMAL BID AND APPROVING PURCHASE OF A NO-DES FLUSH TRUCK FOR THE PUBLIC WORKS & UTILITIES’ WATER DEPARTMENT TOTALING $541,914.24 THROUGH NO-DES, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE WHEREAS, the City of Petaluma seeks to purchase one NO-DES flush truck, to flush (clean) water distribution pipes; and WHEREAS, the purchase of a NO-DES flush truck is needed to comply with the Environmental Protections Agency, Municipal Separate Storm Sewer System Stormwater Permit and chapter 15.08 of the Petaluma Municipal Code; and WHEREAS, the NO-DES flush truck conserves water and is environmentally friendly; and WHEREAS, Section 4.04.050 of the Petaluma Municipal Code allows formal bidding procedures to be dispensed with when the commodity can be obtained from only from one vendor; and WHEREAS, staff have researched alternative products and have come to the conclusion that is the only stem of its kind; and WHEREAS, NO-DES, Inc. is the only builder of flush trucks designed for flushing (cleaning) water distribution pipes without water loss; and WHEREAS, funds sufficient to cover the cost were included and approved in the FY 20/21 budget. FY 21 approved but unspent funds will be carried forward to FY 21/22 and reappropriated in conjunction with first quarter budget adjustments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that the Purchase of a NO-DES Flush Truck does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes administrative activities of governments that will not result in direct or indirect physical changes in the environment. Relatedly, if the proposed action did constitute a project under CEQA the action is exempt under the common-sense exemption, CEQA Guidelines Section 15061(b)(3) and any work performed with the equipment would be exempt pursuant to CEQA Guidelines Section 1530, Existing Facilities, as the truck would be used for the operation, repair, or maintenance of existing sewers. 3. Finds that the Purchase of a NO-DES Flush Truck can only be obtained from one source and that the City complied with the purchasing requirements of the Petaluma Charter and Municipal Code. DocuSign Envelope ID: E78CD1D8-8E49-4053-AC91-F0C806FEC9D9 Resolution No. 2021-115 N.C.S. Page 2 4. Approves the purchase of one NO-DES flush truck for $541,914.24 (tax included). 5. Authorizes the City Manager to execute all necessary documents to complete the purchase. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 12th day of July 2021, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; McDonnell; Pocekay NOES: None ABSENT: King ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: E78CD1D8-8E49-4053-AC91-F0C806FEC9D9