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Resolution 13935CITY OF ALAMEDA RESOLUTION NO. 13935 AUTHORIZING OPEN MARKET PURCHASE PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR RUBBERIZED SIDEWALK WHEREAS, there are a number of locations within the City of Alameda which have existing tree root problems; and WHEREAS, the installation of Rubberized Sidewalks at these locations will enable the City to do periodic tree root trimming without breaking out concrete sidewalk; and WHEREAS, there are funds available to purchase Rubberized Sidewalks from the Recycled Product Purchase Grant; and WHEREAS, the utilization of Rubberized Sidewalk will have a positive impact on the environment; and WHEREAS, Section 3 -15 of the City Charter provides that the City Council, by four affirmative votes, can authorize an Open Market purchase if it determines that materials for the improvement can be purchased at a lower price in the open market; and WHEREAS, the rubberized sidewalk product is a sole source product available only from a single manufacturer, Rubberized Sidewalks, Inc., and therefore an open market purchase of this product from the sole source provider will effectively be the "lowest price" available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby authorizes, by four affirmative votes, the open market purchase of Rubberized Sidewalk for the installation of Rubberize Sidewalk at various locations within the City of Alameda. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in the regular meeting of the City Council on the 21st day of March, 2006, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese and Mayor Johnson - 4. NOES: None. ABSENT: Counci r Daysog - 1 ABSTENTIONS: None. Imembe IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of March, 2006. L E. Lara Weisiger, City Clercj City of Alameda