HomeMy WebLinkAboutResolution 5439 Declaring a Public Welfare Emergency for the Swim CenterVersion April 2020
RESOLUTION 5439
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING A PUBLIC WELFARE EMERGENCY AND AUTHORIZING
THE SELECTION OF A RESPONSIBLE CONTRACTOR WITHOUT COMPETITIVE,
ADVERTISED BIDDING TO COMPLETE THE IMMEDIATE REPAIR OF DAMAGE
TO THE CITY SWIM CENTER
WHEREAS, it is the intent and purpose of the City Commission of the City of Bozeman
to protect and preserve the health, safety, and public welfare of the City of Bozeman;
WHEREAS, the Public Welfare is a term of broad scope and may embrace promoting the
economy, prosperity and convenience of the community, safeguarding financial security and
property values in the community, and preserving the attractiveness of the community;
WHEREAS, the City promotes the public welfare by providing a public indoor aquatics
facility available for use by the Bozeman School District, various swim clubs, and the general
public. This singular facility is the only indoor swim center opportunity offered to the community,
and averages 1,200 visits per week;
WHEREAS, the swim center was deemed structurally unsafe for occupancy in May, 2022.
The loss of access to the swim center precludes children swim lessons, educational courses in
water and boater safety, training for competitive athletes, and exercise and recreational
opportunities important to the general public;
WHEREAS, the City Commission seeks to avoid the lack of any public aquatics facilities
available to the public to learn to swim, to exercise, and recreate for safety, physical, and health
benefits;
WHEREAS, the City Commission determines that a safe and functioning public aquatic
facility is necessary to ensure equity and access to all residents and promote public health, public
safety and general welfare.
DocuSign Envelope ID: C130060E-90A7-49CB-B422-2A2AADC658E3
Version April 2020
WHEREAS, the City Commission of the City of Bozeman hereby finds that an emergency
exists requiring passage of this Resolution authorizing the selection of a responsible contractor
without competitive, advertised bidding to complete the immediate repair of damage to and the re-
opening of, the city swim center; and
WHEREAS, the City Commission has power and authority to pass this emergency
Resolution under its Charter and the laws of the State of Montana;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1. The City Commission of the City of Bozeman hereby finds and determines the recitals made in the preamble of this Resolution are true and correct and hereby incorporate such recitals here in the body of this Resolution as if reproduced in their entirety.
Section 2. That the City Commission of the City of Bozeman hereby finds that an
emergency exists and that the immediate operation of this Resolution is necessary for the preservation of the public health, public safety, and general welfare. An emergency is hereby declared, and this Resolution is effective immediately.
Section 3. Competitive, advertised bidding and solicitation for the immediate repair of the
Swim Center would be impractical and increase the likelihood of further harm.
Section 4. For the purpose of selecting a contractor to complete the necessary repair to the
Swim Center, the City of Bozeman shall not be required to conduct competitive, advertised bidding
and the City Manager is accordingly authorized to sign an amendment to the existing engineering
services contract and enter into a construction contract to perform such services.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
DocuSign Envelope ID: C130060E-90A7-49CB-B422-2A2AADC658E3
22August9th
Version April 2020
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: C130060E-90A7-49CB-B422-2A2AADC658E3