HomeMy WebLinkAbout04-008 - Resolutions RESOLUTION NO. 04-008
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ESTABLISHING A PROCEDURE FOR
RESOLVING DISPUTES RELATED TO REQUESTS FOR
SUBSTITUTION OF LISTED SUBCONTRACTORS PURSUANT
TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 4107
AND 4107.5
A. RECITALS.
(i) California Public Contract Code Sections 4107 and 4107.5 provide fort he
conduct of hearings to resolve disputes involving prime contractors' requests
to substitute subcontractors.
(ii) It is the purpose of this Resolution to establish procedures for the conduct of
such hearings and the resolution of such disputes.
(iii)All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
1. In any situation specified in California Public Contract Code Section 4107 or
4107.5 requiring the conduct of an evidentiary hearing ("the hearing") to
resolve a dispute as to whether a prime contractor should be allowed to
substitute a subcontractor for a subcontractor listed in a submitted bid, the
City Attorney, or designee thereof, shall conduct the hearing in accordance
with the provisions of said sections of the Public Contract Code.
2. The hearing shall be transcribed by a certified shorthand reporter.
3. Upon the conclusion of the hearing, the City Attorney shall submit the
transcript thereof, all exhibits, affidavits and declarations admitted in evidence
during said hearing and a resolution constituting a proposed decision on the
dispute to the City Council for consideration.
4. The City Council shall consider the transcript, other materials and resolution
submitted to it hereunder and shall take action thereon. The City Council, in
its sole discretion, may adopt the submitted resolution, modify the submitted
resolution and then adopt it, or direct the preparation of another resolution for
its consideration and adoption. The City Council's adoption of a resolution in
reference to the dispute shall be the final action of the awarding authority
taken to resolve the dispute.
5. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 04-008
Page 2 of 2
PASSED, APPROVED, AND ADOPTED this 7`h day of January 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None /
ey - 0�z
William J. Ale nder, Mayor /
ATTEST:
D bra J. AdartsWC, 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 7`h day of January 2004.
Executed this 8`h day of January 2004, at Rancho Cucamonga, California.
4A�
Debra J. Adams, C, City Clerk