Resolution 6205 - Emergency Acquisition of EquipmentRESOLUTION NO.6205
A RESOLUTION DECLARING AN EMERGENCY AND AUTHORIZING THE
PUBLIC WORKS DEPARTMENT TO PROCEED, WITHOUT ADVERTISEMENT
OR BIDDING, WITH THE IMMEDIATE ACQUISITION OF EQUIPMENT FOR
SHORT-TERM TREATMENT OF PFAS AT THE GRANDVIEW WELL SOURCE.
WHEREAS, on June 10, 2024, Public Works staff presented council with an update on the
EPA PFAS regulations that went into effect in April of this year, which provides
a 5-year window for public water systems to come into compliance; and
WHEREAS, most recent testing of Kalispell's Grandview Well sources revealed PFAS at a
level above the limits set for compliance by the EPA. Kalispell's other well
sources did not have levels above the limits set.
WHEREAS, during non -peak water usage months, Kalispell's Public Works Department has
minimized the use of the Grandview Wells. However, during peak water
demand, use of the Grandview Wells can no longer be minimized.
WHEREAS, short-term efforts to mitigate the influence of the system from the Grandview
Wells included a treatment installation that could be used until a long-term
solution is implemented; and
WHEREAS, grant funds from the State of Montana could likely be applied for this acquisition,
estimated to be between $450,000 and $800,000, which costs would be dependent
on the available unit, facility piping, Kalispell's water quality, and duration of use;
and
WHEREAS, the estimated cost as determined by the Public Works Department is over $80,000,
which typically would require advertisement and competitive bidding under
Section 7-5-4302, MCA; and
WHEREAS, Section 7-5-4303, MCA authorizes a City to proceed without observing Section
7-5-4302, MCA when an emergency exists and three -fourths of Council present
at a meeting authorize a procedure which best meets the emergency and serves the
public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the presence of PFAS at a level above the limits set by the EPA in the
Grandview Well sources during peak water demand months when that water
source cannot be minimized constitutes an emergency under Section 7-5-
4303, MCA, thereby abrogating the City's responsibility to advertise and
bid acquisition of equipment for short-term treatment.
SECTION 2. That the Public Works Department, under the direction of the City Manager,
is authorized and directed to proceed and solicit proposals from qualified
contractors to acquire and install water treatment components in order to
treat the Grandview Well Sources that could be used until a long-term
solution is implemented.
SECTION 3. That grant funds necessary to acquire short-term treatment applications be
requested from the State of Montana.
PASSED AND APPROVED BY THREE-QUARTERS OF THE MEMBERS OF THE CITY
COUNCIL PRESENT AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, ON
THE 17TH DAY OF JUNE, 2024.
v' _
Mark Johnson
Mayor
ATTEST:
U
Aim e Brunckhorst, CMC
City Clerk