HomeMy WebLinkAbout04-150 - Resolutions RESOLUTION NO. 04-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA RATIFYING AND
AUTHORIZING THE EMERGENCY PROCUREMENT OF
PROFESSIONAL SERVICES WITHOUT COMPETITIVE
BIDDING
A. RECITALS.
(i) Chapter 3.08 of the Rancho Cucamonga Municipal Code, and California
Public Contract Code § 20162, generally require contracts for the
procurement of goods and/or services in excess of the City's established
purchasing limits, and contracts for public works in excess of the statutory
amount, respectively, to be competitively bid.
(ii) Said Chapter, and Public Contract Code § 20168, permit such bidding to be
dispensed with when the City Council determines by passing a resolution
by four-fifths vote that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health or property.
(iii) On April 24, 2004, a fire occurred within the City's City Hall, causing severe
smoke and water damage, and creating an immediate risk of injury or harm
to employees and other persons inside City Hall. Due to these emergency
circumstances, and in order to more fully protect the public health, safety
and welfare, the City Manager authorized and did immediately procure the
services of an environmental hygienist and a company or companies
specializing in repair and remediation of smoke and water damage,
demolition and reconstruction activities, without competitive bidding.
(iv) It is the intent of the City Council of the City of Rancho Cucamonga in
adopting this Resolution to ratify and approve the emergency expenditure
of funds, the procurement of professional services, and emergency
reconstruction, without competitive bidding, as described in Recital (iii),
above, and to approve, in advance, any such further emergency
expenditures, without competitive bidding, necessitated by said fire, as
deemed necessary by the City Manager, in order to safeguard life, health,
and property, and thereby more fully protect the safety of the public and
employees of the City.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby
finds and resolves as follows:
1. All of the facts set forth in the Recitals, Part A, of this Resolution are true and
correct.
Resolution No. 04-150
Page 2 of 3
2. The City Council hereby expressly finds that as a direct result of the April 24,
2004 City Hall fire, emergency circumstances were created that necessitated
the procurement of professional services and immediate demolition and
reconstruction activities, without competitive bidding. The City Council further
finds that such circumstances continue to exist. The delay that would be
caused by conducting competitive bidding would create or increase the risk to
the public health, safety and welfare due to exposure of employees and
members of the public to smoke contaminated areas and/or to areas
contaminated by the continued presence of water. Therefore, the City
Council finds that it is necessary to dispense with competitive bidding and to
procure professional services, including demolition and reconstruction
services, necessitated by said fire unless and until there is no longer a threat
to the public health, safety, or welfare presented as a result thereof.
3. Based u pon the foregoing findings, the C ity Council of the C ity of Rancho
Cucamonga hereby ratifies and approves the emergency expenditure of
funds and procurement of professional services, including demolition and
reconstruction services, without competitive bidding, as described in Recital
(iii), above, and approves, in advance, any further emergency expenditures,
without competitive bidding, necessitated by the April 24, 2004 City Hall fire,
as deemed necessary by the City Manager in order to protect the public
health, safety and welfare.
4. In accordance with the provisions of Public Contract Code § 22050, the City
Manager is hereby directed to report the status of this matter relating to
repairs, any continued risks to the public health, and whether it will be
necessary to make further expenditures without competitive bidding, to the
City Council at its next regular meeting, and thereafter until all such risks no
longer exist. The City Council shall comply with the approval procedures set
forth in that Section in the event it determines that further emergency
expenditures are required.
5. The City Clerk shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 04-150
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 5"' day of May 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Al n er, M yor
ATTEST:
Debra J. Adams, WC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 5'h day of May 2004.
Executed this 6'h day of May 2004, at Rancho Cucamonga, California.
Alz4- k �i� J
bebra J. Adam MC, City Clerk