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HomeMy WebLinkAboutRDA Reso 12-2008 RESOLUTION NO. 12-2008 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING FINDINGS AND AUTHORIZING EXECUTION OF A CONTRACT \i\TITH IDEAL DRYING COMPANY FOR ABATEMENT WORK. IN AGENCY -OWNED RESIDENTIAL UNITS WHEREAS, the Redeveloplnent Agency of the City of South San Francisco ("Agency") is a redevelopn1ent agency existing pursuant to the Con1Inunity Redeveloplnent Law, Califo111ia Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority granted thereunder, has the responsibility to cany out the Redevelopment Plan ("Redeveloplnent Plan") for the Downtown Project Area (the "Project Area"); WHEREAS, the Agency is the owner of the residential propeliy located in the Project Area at 714-718 Linden Avenue, 310A Miller Avenue, and 341 B Comn1ercial Avenue (collectively, the "Property"); WHEREAS, the Propeliy has experienced dmnage froln water intrusion due to window leaks and deteriorating siding and waste lines; WHEREAS, repairs to the Property will require the temporary relocation of the occupants, and the Agency has identified suitable ten1porary replacelnent housing; WHEREAS, abateInent of the Property dmnage requires specialized expeIiise that is provided by a liInited nUInber of cOlnpanies operating in the area; WHEREAS, abaten1ent of the Property dmnage in an expeditious n1am1er is necessary in order to alleviate and avoid public health and safety hazards; WHEREAS, in order to expeditiously cOlnplete repair work, ameliorate tenant health and safety COnCe111S and minin1ize tenant displacement, it is necessary to award a contract for the repair and abateInent work on an expedited basis; WHEREAS, COInInon law recognizes an exception to competitive bidding requiren1ents when the nature of a contract or proj ect is such that cOInpetitive proposals would be unavailing or would not produce a public advantage, thereby rendering advertisement for cOInpetitive bidding undesirable, impractical or iInpossible (see Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631,635,636); WHEREAS, in addition to the foregoing con1ffion law exception, Public Contract Code Sections 20168 and 22050 pern1it a public agency to forego formal competitive bidding requirements if the governing body adopts a resolution by a four-fifths vote declaring that the public interest and necessity demand immediate expenditures of public funds to safeguard life, health or property following adoption of findings based on substantial evidence that action is necessary to respond to an en1ergency that will not permit a delay resulting from competitive bidding. FINDINGS WHEREAS, the Redevelopment Agency of the City of South San Francisco hereby finds as follows: A. The evidence set forth in this resolution, the accolnpanying staff report, and recorded in the n1eeting n1inutes establish that the need to abate hazardous conditions at the Propeliy does not pe1111it the delay that would result frOln the competitive solicitation of bids for the work described above, and that such work is necessary to respond to eInergency conditions relating to the Property; and B. Entering into a negotiated contract with a qualified contractor, rather than soliciting competitive proposals, will allow the Agency to iInInediately address the public health and safety COnCe111S posed by the conditions at the Property and will enable the Agency to Ininimize hardship for and displacen1ent of the existing tenants. NOW, THEREFORE, BE IT RESOLVED by the Redevelopn1ent Agency of the City of South San Francisco that it hereby: 1. Finds that the foregoing recitals are true and conect, and the findings set forth herein are declared to be findings of the Redeveloplnent Agency of the City of South San Francisco. 2. Finds that award of a contract for abaten1ent and repair work at the Propeliy is exeInpt from competitive bidding requirements pursuant to California Public Contract Code Section 22050 and the established con1mon-Iaw doctrine articulated in the case of Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631. 3. Approves the award of a contract to Ideal Drying in an mnount not to exceed Forty- Three Thousand Five Hundred Sixty Dollars ($43,560) for abateInent and repair work at the Property. 4. Authorizes the Executive Director of the Agency (or his designee) to: (i) execute a contract substantially in the form of the Agency's standard contract for public improvelnent work with such modifications approved by the Executive Director and Agency Counsel, and (ii) to sign all documents and take all actions necessary or appropriate to cany out and implelnent the intent of this Resolution. * * * * * I hereby ceIiify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a special n1eeting held on the 25th day of June 2008 by the following vote: AYES: Boardn1eInbers Mark N. Addiego, Richard A. Garbarino and I(evin Mullin, Vice Chair Karvl MatsuInoto and Chair Pedro Gonzalez NOES: ABSTAIN: ABSENT: None ATTEST: