RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PLEASANT
HILL AND CONTRA COSTA HEALTH SERVICES, HEALTH, HOUSING AND
HOMELESS SERVICES DIVISION
WHEREAS, homelessness is a complex and significant issue in our community; and WHEREAS, the City of Pleasant Hill wishes to extend a joint contract for services with the City of Martinez and the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach; and
WHEREAS, the City wishes to contract with the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach services for an amount not to exceed $134,864 for the 2023 – 2024 fiscal year; and
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 is empowered to award a contract that would otherwise require competitive bidding pursuant to Chapter 5.10 of the City Municipal Code 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); and
WHEREAS, the City is contemplating the use of funds received in connection with the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) to fund this contract, which requires pursuant to 2 C.F.R.§ 200.320 that at least “price or rate quotations must be obtained from an adequate number of qualified sources” for an expenditure of the size described above and compliance with 2 C.F.R. Part 200 as set forth therein; and WHEREAS, the request is to appropriate and transfer up to $134,864 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services, otherwise any short fall will require the use of General Fund unassigned fund balance to cover the Pleasant Hill portion of this cost.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted to the City Manager to execute a Sixth Amendment to the Agreement (Exhibit 1) for Professional Services between the City of Pleasant Hill and Contra Costa Health Services, Health, Housing and Homeless Services Division, to provide homeless outreach services through the County’s Coordinated Outreach, Referral, and Engagement (CORE) Program, in an amount not to exceed $134,864 for the 2023-2024 Fiscal Year, and BE IT FURTHER RESOLVED, that up to $134,864 is to be appropriated and transferred from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
_____________________________
JUANITA DAVALOS, Acting City Clerk