RESOLUTION NO. 20-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA WAIVING AND MODIFYING THE CITY'S PROCUREMENT PROCEDURES IN ARTICLE IV OF CHAPTER 2.28 OF
THE VICTORVILLE MUNICIPAL CODE FOR CONSTRUCTION OF A
WELLNESS AND RECUPERATIVE CARE CENTER FOR PERSONS
EXPERIENCING HOMELESSNESS IN ORDER TO ALLOW FOR THE
EXPEDITIOUS USE OF PROJECT HOMEKEY FUNDS TO ADDRESS
THE PUBLIC HEALTH AND PUBLIC SAFETY IMPACTS OF COVID-19
AND AUTHORIZING CITY STAFF TO PROCEED WITH PROCUREMENT
OF THE PROJECT BY MEANS OF A COOPERATIVE PURCHASING
AGREEMENT THROUGH SOURCEWELL
WHEREAS, over 35,000 COVID-19 cases have been confirmed within San Bernardino County, with over 500 deaths; and
WHEREAS, over 1,700 City of Victorville (the "City") residents have tested positive for COVID-19 including 18 reported deaths as of August 10, 2020; and WHEREAS, lócal hospitals are strained and reaching capacity due to an influx of COVID-19 patients within the last six weeks; and
WHEREAS, recent outbreaks within congregate homeless shelters has impacted the City's ability to provide services to Victorville's homeless population; and WHEREAS, the City of Victorville continues to have the second highest homeless population in San Bernardino County with the numbers rising each year; and WHEREAS, as set forth in Resolution No. 20-090, the City has applied for grant funding under the Homekey program to construct a Wellness and Recuperative Care Center, consisting of non-congregate manufactured interim housing units containing 168 Beds/Units (120 shelter beds and 48 recuperative care beds) grouped into clusters around onsite support services on approximately 4 acres of land owned by or under the control of the City near Eva Dell Park (the "Project"); and WHEREAS, such recuperative care units are intended to relieve impact of the homeless population on hospitals given the conditions created by COVID-19; and WHEREAS, Homekey funding received by the City must be spent by December 30, 2020, with project completion by March 30, 2021; and WHEREAS, were the City's typical public works bidding process to be utilized, the City would be unable to achieve these construction deadlines for Homekey funding; and WHEREAS, time is of the essence, as COVID-19 cases continue to rise in San Bernardino County while existing hospitals and shelters are not fully equipped to handle the public health crisis; and
WHEREAS, Article IV of Chapter 2.28 of the Victorville Municipal Code ("VMC") establishes various standards and procedures which apply to the bidding, award, and pertormance of various types of public works contracts, including construction projects; WHEREAS, Section 2.28.230 of said Article IV further provides that the City Council, after reviewing and considering the facts of a particular public works project, may waive or modify the bidding requirements of Article IV by making one or more of the tindings specified therein and setting forth in a resolution the facts and circumstances supporting the City Council's determination that one or more of the bidding exceptions set forth therein exempts a public works project from the competitive bidding; and WHEREAS, VMC Section 2.28.230 also provides that such resolution shall be adopted by a 4/5 vote and shall specify the manner in which such public works project shall be procured; and
WHEREAS, based on the above recitals and those stated in City Council Resolution No. 20-011 adopted on March 19, 2020 in response to the COVID-19 crisis, the City Council finds that an emergency (as defined in VMC Section 2.28.050) exists and that utilizing the traditional public works bidding process would cause the completion of the work on the Project to be significantly delayed and the necessary funding to be lost and; and
WHEREAS, VMC Section 2.28.120 permits the City Manager to make certain purchases of supplies and equipment without utilizing competitive bidding procedures if such purchases are based on an agreement or cooperative purchasing program entered into by any local, state or tederal governmental agency and the City, provided the underlying purchase was made using quotation or bid procedures at least as restrictive as the City's; and
WHEREAS, for nearly five years, the City has been a member of the cooperative purchasing program provided by Sourcewell (formerly NJPA); and WHEREAS, after reviewing the documentation provided by Sourcewell for construction projects involving manufactured interim housing units in the high desert region, City Staff believes that the public works project bidding procedure utilized in said should the contemplated Homekey grant funds be received.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals and Findings.
That the Recitals set forth above and the findings set forth therein are true and correct and are hereby made an operative part of this Resolution by this reference.
Section 2. Bidding Requirements Waived.
That in the event the City of Victorville (the "City") receives the contemplated Homekey grant funding, the bidding requirements applicable to the letting of public works construction contracts for projects with an estimated cost of more than five hundred thousand dollars as set forth in VMC 2.28.210 are hereby waived with respect to the construction of the Wellness and Recuperative Care Center. (the "Project").
Section 3. Procurement Authorized through Cooperative Purchasing.
That in the event the City receives the contemplated Homekey grant funding, City Staff may proceed with procurement for the design and construction of the Project by means of a Cooperative Purchasing indefinite quantity construction agreement procured through Sourcewell, such agreement to be presented to the City Council for final approval at an upcoming City Council meeting.
Section 4. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 5. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution by a 4/5 vote of the City Council.
Resolution No. 20-091
PASSED, APPROVED AND ADOPTED this 18t* day of AUGUST 2020.
Alloria Aarcia
MAYOR OF THE CITY OF VICTORVILLE
ATTEST:
Marcie Nolters
ASSİSTANT CITY CLERK
APPROVED A •FORM:
GITY ÂTTORNEY
I, MARCIE WOLTERS, Assistant City Clerk of the City of Victorville and assistant ex- officio Clerk to the City Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 20-091 which was adopted at a regular meeting held on the 18th day of AUGUST 2020, by the following roll call vote, to wit:
AYES: Mayor Garcia, Councilmembers Cox, Gomez, and Jones NOES: None
ABSENT: Councilmember Ramirez
ABSTAIN: None
Marcie è Woltuo
ASSISTANT CITY CLERK