HomeMy WebLinkAbout13-093 - Resolutions RESOLUTION NO. 13-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA RATIFYING AND AUTHORIZING THE
EMERGENCY PROCUREMENT OF MATERIALS AND LABOR
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) During an October 12, 2012 site inspection of the Depot visible ceiling damage
was observed where portions of the plaster had fallen to the floor. A January 10, 2013 site
inspection evidenced further ceiling damage where additional plaster had fallen from the ceiling
and a public safety/hazardous condition was found as a direct result of a leaking and
deteriorating roof. 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 deteriorated
roofing condition discovered on October 12, 2012 and January 10, 2013, 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 19°i day of June 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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ATTEST:
QA, l.(rl'1f—
ice C. Reynolds, City Cle k
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 19'h day of June 2013.
Executed this 20'h day of June 2013, at Rancho Cucamonga, California.
ce C. Reynolds, City Cf6rk
Resolution No. 13-093 - Page 3 of 3