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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