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HomeMy WebLinkAbout13-203 - Resolutions RESOLUTION NO. 13-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RATIFYING AND AUTHORIZING ADDITIONAL FUNDING FOR 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) On June 19, 2013, the City Council ratified Resolution No. 13-093 for the emergency acquisition of materials and contract labor forces necessary to effect the required roofing repairs to the Etiwanda Pacific Electric Depot in the amount of $102,654. Following the removal of the Depot's flat roof down to its structural framing, the roofer encountered unanticipated damaged to the roofing material and damage from previous roofing repairs that warranted the removal and reinstallation of the structural elements of the flat roof in the amount of $14,834. (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 following the removal of the Depot's flat roof down to its structural framing, the roofer encountered unanticipated damaged to the roofing material and damage from previous roofing repairs that warranted the removal and reinstallation of the structural elements of the flat roof. They further find that the needed repairs are a direct result of the deteriorated roofing condition and that emergency circumstances were created that necessitated the additional procurement of materials, and repair and reconstruction activities, without competitive bidding to remedy any continued risks to the integrity of the building, public health, and safety. Resolution No. 13-203 - Page 1 of 3 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 the emergency repairs, and whether it will be necessary to make further expenditures without competitive bidding and reasons justifying any such further emergency expenditure, 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. Resolution No. 13-203 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 41" day of December 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, yor ATTEST: Com- �- ice 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 4" day of December 2013. Executed this 5`" day of December 2013, at Rancho Cucamonga, California. vGGc'.0 anice C. Reynolds, City 45lerk Resolution No. 13-203 - Page 3 of 3