HomeMy WebLinkAbout08-236 - Resolutions RESOLUTION NO. 08-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA 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 September 24, 2008 a public safety/hazardous condition was found in
sports lighting fixtures at Beryl Park as a result of improper wiring. Manufacturing defects
caused two of the light fixtures to short circuit and subsequently energize the light poles creating
a hazardous condition, thus necessitating the immediate replacement of 144 sports lighting
fixtures originally installed in May 2008. Because emergency action was necessary to avoid
injury, it was not possible to conduct competitive public bidding for the procurement of the
necessary materials and labor.
(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 and
emergency repairs, without competitive bidding, as described in Recital (iii).
(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.
2. The City Council hereby expressly finds that as a direct result of the
defective lighting installation discovered on September 24, 2008, emergency circumstances
were created that necessitated the procurement of materials, and repair and reconstruction
activities, without competitive bidding.
3. Based upon the foregoing findings, the City Council of the City of Rancho
Cucamonga hereby ratifies and approves the emergency expenditure of funds and procurement
of materials, and repair and reconstruction activities, without competitive bidding, as described
in Recital (iii).
Resolution No. 08-236
Page 2 of 3
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 tl re following Page
for formal adaption,cerlification and signatures
Resolution No. 08-236
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 3rd day of December 2008.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. K rt
ATTEST:
nice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, 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 3rd day of December 2008.
Executed this 4th day of December 2008, at Rancho Cucamonga, California.
Oanice C. Reynolds, CiVy Clerk