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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