RESOLUTION NO. 2024-0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AWARDING A CONTRACT FOR INTERIM HOUSING OPERATIONS AND WELLNESS SERVICES.
WHEREAS, the City Council of the City of Fontana, (“City”) requires case management services for homeless individuals in connection with the Homelessness Prevention Resources and Care Center (HPRCC), (the “Project”), which is further described in Exhibit A (“Proposal”).
WHEREAS, as set forth in Exhibit B, the City has already engaged in a competitive selection process for services similar to the Project (“Prior Solicitation”).
WHEREAS, since the Prior Solicitation the City’s needs in connection with the Project have changed significantly.
WHEREAS, notwithstanding such changed needs, City Staff is of the opinion, based on City staff’s skill and experience, that a further solicitation for the Project would be impractical, inefficient, or otherwise not in the best interest of the City because (1) the City has an urgent need for the Project that would be impaired by any delay associated with a further solicitation and (2) the results of the Prior Solicitation demonstrate that the proposal of SimbaCenter (“Contractor”) offers the greatest demonstrated competence and qualifications necessary for the satisfactory performance of the professional services required to be performance at fair and reasonable price (collectively, the “Staff Findings”).
WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare”.
WHEREAS, the City would ordinarily procure Services such as the Project through a competitive solicitation process under the Municipal Code and award in connection therewith on the basis of demonstrated competence and qualifications necessary for the satisfactory performance of the professional services required to be performance at fair and reasonable price.
WHEREAS, section 10-152 of the Municipal Code authorizes the City Council to dispense with such process when the City Council finds that bidding would be impractical, inefficient, or otherwise not in the best interest of the City WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636).the Act also requires that the City comply with certain procedural and approval procedures before levying its annual assessments under an existing assessment district; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. The City Council adopts the Staff Findings as its own.
Section 2. In light of the Prior Solicitation, a further competitive solicitation process is not required because it would work an incongruity, would be unavailing as affecting the final result, and would not produce any advantage; and Section 3. The City Manager or designee is hereby authorized and directed to enter into the contract consistent with the Proposal (the “Proposed Contract”), subject to minor revisions, if any, approved by the City Manager and City Attorney to comply with applicable law or otherwise ensure that the City contracts for the Project on clear, unambiguous terms that are in the best interest of the City.
APPROVED AND ADOPTED this 23rd day of July, 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 23rd day of July, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
Exhibit A
Proposal
Exhibit B
Proposal Documents
Resolution No. 2024-0XX