Res 1999-24 RESOLUTION NO.24- 1999
A RESOLUTION OF THE CITY OF FRIDLEY,MINNESOTA BY WHICH IT FINDS THAT AN
EMERGENCY EXISTS REQUIRING THE PURCHASE OF SIX POWER GENERATORS
WITHOUT PUBLIC BID IN ORDER TO SAFEGUARD THE OPERATION OF THE
MUNICIPAL SEWAGE SYSTEM IN THE YEAR 2000
WHEREAS, the City of Fridley, Minnesota, is a municipality located within the State of Minnesota and
is governed under the laws thereof,as well as the provisions of its own City Charter; and
WHEREAS, the City of Fridley has conducted an extensive study of its operating systems as part of a
risk assessment program associated with the League of Minnesota Cities that has focussed on the
potential problems associated with the transition of certain critical systems at the commencement of the
year 2000; and
WHEREAS, as the result of its study, it has determined that there is some risk associated with the
•
maintenance of its sewer system, in particular if the electrical systems on which that system relies fail;
and
WHEREAS,the operation of the City's sewer system is a critical municipal function,vital to the ongoing
health and safety of the citizens of the City of Fridley; and
WHEREAS, the City has found that the potential problem in its sewer system can be minimized by the
purchase of six "portable" generators that would provide an alternative source of electrical energy to the
six,key pumping stations in the sewer system within the City of Fridley; and
WHEREAS, the City of Fridley's potential problem is one shared by many other municipalities in the
Twin City Metropolitan area and elsewhere; and
WHEREAS, as the result of this common need, a shortage of power generators is occurring in the
marketplace; and
WHEREAS, a failure on the part of the City of Fridley to purchase the generators that it needs in order to
protect the public safety in the event of a power failure to its sewer system could result in an
exceptionally serious public health and safety problem; and
WHEREAS, six generators are currently known to be available from a vendor at a price of $33,000,
which, based on the City of Fridley's own independent investigation into the matter, represents a fair
market value for those items and is not, in any way,an exceptional price or a mark-up from earlier prices
resulting from the greater demand; and
WHEREAS, Minnesota Statutes 471.345 require the City to bid for equipment such as the aforesaid
generators, in the usual conduct of its business, but, as interpreted by the Minnesota Attorney General,
allows an exception in cases of emergency; and
WHEREAS, Minnesota Statues 471.36 further allows the City to avoid the requirements of Minnesota
Statutes 471.345 in instances involving noncompetitive types and kinds of equipment; and
Resolution No. 24-1999
Page 2
WHEREAS, the City of Fridley finds that if the available generators are not immediately purchased and
the usual statutory bidding process is followed, these generators will be purchased by some other buyer
and that no other units will be available for purchase by the City in the time necessary to protect its
citizens from the potential problem to its sewer system; and
WHEREAS, the City of Fridley hereby finds that the current market for portable generators of the type
needed by the City is no longer competitive and it is unlikely that the City would receive any bids for
generators after following the statutory bidding process.
NOW,THEREFORE,BE IT RESOLVED:
1. That the City of Fridley declares an emergency to exist requiring waiver of the statutory
requirements of Minnesota Statutes Section 471.345 with respect to the purchase of six
generators to serve as portable, backup power sources for the six major sewer pumping stations
located within the City.
2. That the City of Fridley finds that a noncompetitive situation exists for the product of portable
power generators of the sort required by the City within the meaning of Minnesota Statutes
Section 471.36.
3. That,based on the foregoing, the City staff of the City of Fridley is immediately authorized, on
an emergency, noncompetitive basis, to purchase for the price of$33,000, a total of six power
generators to serve as backup power sources for the sewer lift stations in the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY
OF MARCH, 1999.
1 AL
CY, R!' NS•N-MAYOR
ATTEST:
4
DE RA A. SKOGEN—C CLERK