50-M0087-24-EM062_Emergency Declaration Wastewater.pdf.PDF

MEMORANDUM

DATE: July 1, 2024

TO: John Blair, City Manager

VIA: John Dupuis, Public Utilities Director

FROM: Michael Dozier, WWMD Director

SUBJECT: Emergency Procurement under $150,000.00

VENDOR: Kraken Sense

ITEM: Emergency Determination and Administrative Order Response

ISSUE:

Request Authorization to Complete the Paseo Real Water Reclamation Facility Administrative Order

Emergency Project to ensure compliance with National Pollutant Discharge Elimination System

(NPDES) and Discharge Permits and associated Contract approvals (Public Utilities Department

/John Dupuis, Michael Dozier).

BACKGROUND AND SUMMARY:

The United States Environmental Protection Agency (EPA) has issued an Administrative Order (AO)

Docket CWA-06-2024-1745 issued to the City of Santa Fe for violations of the Clean Water Act

(CWA) (33 U.S.C. Sections 1251-1387). The violations were identified during a review of the permit file and discharge monitoring reports submitted for the Paseo Real Wastewater Reclamation Facility.

The violations alleged are for failure to meet permit effluent limitations. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations.

Similarly, the New Mexico Environment Department (NMED) has determined that the City of Santa Fe

Paseo Real Wastewater Treatment Plant (WWTP) has been operating in noncompliance with the New

Mexico Water Quality Act (WQA) and Water Quality Control Commission (WQCC)' regulations

(20.6.2 and 20.6.4 New Mexico Administrative Code) adopted pursuant to the WQA. NMED has served the City of Santa Fe an Administrative Compliance Order (ACO) requiring compliance and assessing a monetary penalty.

To facilitate the most efficient response to these regulators as per the original Emergency

Determination (Project Ledger WWM245002), the City requires an emergency procurement to obtain KRAKEN units’ real-time quantitative Polymerase Chain Reaction (qPCR) technology for the rapid detection of E. coli to eliminate delay from traditional testing methods and enable informed decision making.

Some field-deployable qPCR instruments are now becoming available on the market, notably for biodefence purposes (Ozanich et al., 2017), but their application is still in its infancy compared with laboratory-based qPCR instruments that have been available for more than 20 years (Billington et al., 2021). As such, this is the only vendor available with such field-deployable technology.

JD

JB

JB

MD

MD

https://acsess.onlinelibrary.wiley.com/doi/full/10.1002/agg2.20223#agg220223-bib-0011 https://acsess.onlinelibrary.wiley.com/doi/full/10.1002/agg2.20223#agg220223-bib-0011 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0 https://adobefreeuserschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0

By obtaining this technology, this emergency determination amendment supports #1 and #4 of the original emergency determination as listed below:

1. Provide sampling and regulatory support to ensure compliance with existing permits.

4. Improve PRWRF laboratory practices, data management, workflow, and communications for all testing performed to ensure regulatory compliance and/or support treatment operations.

ACTION REQUESTED:

Request Approval of the emergency determination amendment for Kraken Sense in the amount of

$149,400.00.

PROCUREMENT METHOD:

Emergency Procurement.

FUNDING SOURCE:

ORG-OBJ Number is 5000375-572970.

Michael Dozier Michael Dozier (May 8, 2024 16:04 MDT)

Signature:

Email: mldozier@santafenm.gov Email: jedupuis@santafenm.gov

John Dupuis (May 8, 2024 18:08 MDT) https://secure.na2.adobesign.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 https://secure.na2.adobesign.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 mailto:mldozier@santafenm.gov mailto:jedupuis@santafenm.gov https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 https://secure.na2.adobesign.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 https://secure.na2.adobesign.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 mailto:mldozier@santafenm.gov mailto:jedupuis@santafenm.gov https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAA3favEgOB3Fiy1DBlNKzdNqivNlHrwU60

City of Santa Fe Emergency Determination Form

The emergency procurement method may only be used as described in NMSA 1978, Section 13-1-127 and in the City’s Procurement Manual XII.

NOTE:

Notify all signatories as soon as you are made aware of the emergency. Give them a brief synopsis of the emergency, answer their questions, and let them know this document and all supporting documents will be sent to them for signatures. They should know about the request prior to obtaining signatures.

The Department that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the City’s Finance Department Director within ninety days after the end of the contract or fiscal year in which the procurement was made, whichever comes first.

I. Department: Public Utilities, Wastewater Management Division, City of Santa Fe

Department Director: John Dupuis Department Contact: Michael Dozier Department Telephone Number: (505)955-4642 City of SF Chief Procurement Officer: Travis Dutton-Leyda Telephone Number: (505) 629-8351

II. Name of Contractor: Kraken Sense

Address of Contractor: 886 Winston Churchill Blvd, Unit 1 Oakville ON L6J7X5 Amount of prospective contract: $149,400.00 Term of prospective contract: 12 months Location of Services: Paseo Real Water Reclamation Facility

III. Please thoroughly list the services (scope of work), construction or items of tangible personal property of the contract:

Installation and maintenance of two KRAKEN units, one before and one after the ultraviolet treatment process of the wastewater effluent stream, two software subscriptions for the KRAKEN units and 720 general E. coli biosensor test kits.

IV. Provide an explanation for the justification of the procurement including a description of the emergency condition(s) requiring use of emergency procurement and the practicable competition utilized in compliance with NMSA 1978, Section 13-1-127.

The United States Environmental Protection Agency (EPA) has issued an Administrative Order (AO) Docket CWA-06-2024-1745 issued to the City of Santa Fe for violations of the Clean Water Act (CWA) (33 U.S.C. Sections 1251-1387). The violations were identified during a review of the permit file and discharge monitoring reports submitted for the Paseo Real Wastewater Reclamation Facility. The violations alleged are for failure to meet permit effluent limitations. This AO does not assess a monetary penalty;

however, it does require compliance with applicable federal regulations.

Similarly, the New Mexico Environment Department (NMED) has determined that the City of Santa Fe Paseo Real Wastewater Treatment Plant (WWTP) has been operating in noncompliance with the New Mexico Water Quality Act (WQA) and Water Quality Control Commission (WQCC)' regulations (20.6.2 and 20.6.4 New Mexico Administrative Code) adopted pursuant to the WQA. NMED has served the City of Santa Fe an Administrative Compliance Order (ACO) requiring compliance and assessing a civil penalty.

To facilitate the most efficient response to these regulators as per the original Emergency Determination (Project Ledger WWM245002), the City requires an emergency procurement to obtain KRAKEN units’ real-time quantitative Polymerase Chain Reaction (qPCR) technology for the rapid detection of E. coli to eliminate delay from traditional testing methods and enable informed decision making.

Some field-deployable qPCR instruments are now becoming available on the market, notably for biodefence purposes (Ozanich et al., 2017), but their application is still in its infancy compared with laboratory-based qPCR instruments that have been available for more than 20 years (Billington et al., 2021). As such, this is the only vendor available with such field-deployable technology.

By obtaining this technology, this emergency determination amendment supports #1 and #4 of the original emergency determination as listed below:

1. Provide sampling and regulatory support to ensure compliance with existing permits.

4. Improve PRWRF laboratory practices, data management, workflow, and communications for all testing performed to ensure regulatory compliance and/or support treatment operations.

V. Please describe what measures are being taken to minimize the duration and effect of this emergency procurement (for example: is the emergency only in place until a competitive process can be completed, etc.).

By immediately bringing these KRAKEN units into the process we can ensure that the wastewater facility compliance will be improved, thereby eliminating or minimizing the associated risks to public health and safety associated with the noncompliant discharge.

VI. Describe what measures the Department will take in the future to prevent/mitigate use of emergency procurement under similar circumstances.

These KRAKEN units will provide continuing detection of E. coli, and other antigens if we require them, within the effluent stream providing lasting information, so that we can continue to remain in compliance.

https://acsess.onlinelibrary.wiley.com/doi/full/10.1002/agg2.20223#agg220223-bib-0011

Certified by:

City Chief Procurement Officer, Travis Dutton-Leyda Date

City Approval by:

Department Director, John Dupuis Date

City Attorney, Erin McSherry Date

City Manager, John Blair Date

Finance Director, Emily Oster Date

Note: All emergencies must be posted to the SPD website:

https://www.generalservices.state.nm.us/statepurchasing/submit-emergency.aspx and the City of Santa Fe’s website:

https://santafenm.gov/finance-2/purchasing-1/solicitations

Attachments:

Vendor’s Quote – Matches the total requested for this emergency.

Reference: 40-M0087-24-EM027

John Dupuis (Jun 27, 2024 14:59 MDT) Jun 27, 2024

Jun 27, 2024

Marcos Martinez (Jun 28, 2024 14:36 MDT) Marcos Martinez Jun 28, 2024

Jul 1, 2024

John Blair (Jul 1, 2024 14:18 MDT) John Blair Jul 1, 2024 https://www.generalservices.state.nm.us/statepurchasing/submit-emergency.aspx https://santafenm.gov/finance-2/purchasing-1/solicitations https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0 https://na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0 https://adobecancelledaccountschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0

If you have any questions concerning this quote, please contact:

info@ecoli-sense.com https://krakensense.com/termsconditions

Ecoli Sense Limited O/A Kraken Sense 886 Winston Churchill Blvd, Unit 1 Oakville ON L6J7X5

+1 3656540852 info@ecoli-sense.com GST/HST Registration No.:

720132687RT0001

Quote 1098

ADDRESS SHIP TO

John Dupuis City of Santa Fe 73 Paseo Real Santa Fe, NM 87507 United States

John Dupuis City of Santa Fe 73 Paseo Real Santa Fe, NM 87507 United States

DATE

06/27/2024

TOTAL

USD 149,400.00

EXPIRATION

DATE

06/30/2024

PRODUCT DESCRIPTION TAX QTY RATE AMOUNT

KRAKEN Unit - (Early

Adopter Pricing)

Zero-rated 2 66,500.00 133,000.00

Biosensor General E. coli Test with Technical Duplicate Zero-rated 720 20.00 14,400.00

SUBTOTAL 147,400.00

GST @ 0% 0.00

SHIPPING 2,000.00

TOTAL USD 149,400.00

***Payment Instructions*** Banking Information:

Bank Name: Royal Bank of Canada Branch Address: 2460 Winston Churchill Blvd, Oakville, ON L6H 6J5

Branch Contact Number: +1 (905) 829-8665 Banking Details:

Beneficiary Name: Ecoli Sense Limited Beneficiary Account Number/IBAN: 1037266 Transit Number:00932 Institution Number: 003 RBC Royal Bank's Routing/ABA number (if funds coming from U.S.): 021000021 Swift code: ROYCCAT2 Canadian Clearing Code: CC0004102 Bank sort code: 00932-003 Beneficiary Bank Code: 00932003

THANK YOU.

Accepted By Accepted Date

Email: mldozier@santafenm.gov https://adobefreeuserschannel.na2.documents.adobe.com/verifier?tx=CBJCHBCAABAAE-ZyXZVzg2x_nWI8kCD4R39O4QI_KbK0