HomeMy WebLinkAbout10-151 - Resolutions RESOLUTION NO. 10-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA RATIFYING AND AUTHORIZING THE
EMERGENCY PROCUREMENT OF GOODS AND 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 20, 2010 a public safety/hazardous condition was found in sports
lighting at Etiwanda Creek Park as a result of theft of wire. Also, on September 27, 2010 the same
hazard was found in sports lighting at Day Creek Park. 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 wire thefts
discovered on September 20th and 27th, 2010, 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).
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
PASSED, APPROVED, AND ADOPTED this 6`h day of October 2010.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: .Kurth
ABSTAINED: None
L. benrAbl'ichael, Mayor Oro Tem
ATTEST:
anice C. Reynolds, (34ty 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 6th day of October 2010.
Executed this 7`h day of October 2010, at Rancho Cucamonga, California.
01 nice C. Reynolds, Cit Clerk
Resolution No. 10-151 - Page 2 of 2