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HomeMy WebLinkAbout10-045Resoiu~ion EXECUTION OF A CONTRACT FOR WORK TO CONSTRUCT THE BUTTE COUNTY VETERANS MEMORIAL PARK Recitals WHEREAS, Butte County previously entered into that certain Purchase Agreement dated as of July 3, 2007, by and between Butte County and Oroville Redevelopment Agency regarding the purchase of two parcels of land, evidenced by Grant Deed filed on March 20, 2008, filing No. 200$-0009973. The parties contemplated that the parcels were to be a portion of the site for a memorial space honoring Butte County's veterans, currently contemplated as Butte County Veterans Memorial Park (the "Park"). WHEREAS, Butte County previously purchased an additional parcel with the intention to locate the Park on this property adjacent to the property purchased from Oroville Redevelopment Agency, which purchase is evidenced by Grant Deed filed on March 20, 2008, Filing No. 2008-0009971. WHEREAS, Butte County and veterans groups have been working towards the construction of the Park for several years. WHEREAS, Landlmage Landscape Architects has prepared plans and specifications (the "Plans") to be relied on in the construction of the Park, which plans and specifications were approved by the Butte County Veterans Memorial Park Committee and previously presented to the Board of Supervisors on April 8, 2004 (the "Plans"}. WHEREAS, Private Industry Council ("PIC"} has volunteered to construct the Park for consideration of One Dollar ($1.00). PIC intends to use the work to be performed in the Park as a training experience for participants in Contractor's Youth Construction Pre- Apprenticeship Program. WHEREAS, Butte County and PIC have negotiated an agreement whereby PIC will provide its services to construct the Park according to the Plans for consideration of One Dollar ($1.00) (the "Contract"}. WHEREAS, the purpose of competitive bidding procedures is to guard against favoritism, improvidence, extravagance, fraud and com.iption, to prevent waste of public funds and to obtain the best economic result for the public. RESOLUTION ADOPTING FINDINGS AND AUTHORIZING WHEREAS, an exception to competitive bidding requirements exists where the nature of a contract ar project is such that competitive proposals would be unavailing or would not produce an advantage to the public, thereby rendering competitive bidding procedures undesirable, impractical or impossible {see Graydon v. Pasadena Redevelopment Agency (1980) 104 Ca1.App.3d b31, 635). WHEREAS, awarding the Contract to PIC would (1) minimize the cost of constructing the Park to Butte County, (2} enable Butte County to use the limited grant funds available far the Park on other Park-related costs, and (3} minimize time delays in completing construction of the Park by eliminating time to advertise and complete a competitive bidding process. Awarding the Contract to PIC will best serve the public's interest. NOW, THEREFORE, BE IT RESOLVED, by the Butte County Board of Supervisors, as follows: Section 1. Findings. The Board of Supervisors hereby finds as follows: A. The above recitals are true and correct and are incorporated herein by this reference. B. PIC is qualified to construct the Park. C. Advertising far competitive proposals for the completion of the Park would not produce an advantage to the public, and entering into the Contract with PIC for construction of the Park would not constitute any sign of favoritism, improvidence, extravagance, fraud or corruption. D. The public interest is best served by contracting with PIC for its services to construct the Park in exchange for consideration of One Dollar ($1.00}. Section 2. Award of Contract Exem t from Com etitive Biddin . The award of the Contract to PIC for construction of the Park is exempt from competitive bidding requirements consistent with the common law doctrine articulated in Graydon v. Pasadena Redevelopment Agency. Section 3. Direction. The terms of the Contract and execution on Butte County's behalf is hereby approved. Section 4. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining portions of the resolution shall continue in full force and effect. Butte County hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid_ Section 5. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, at its regular meeting held on the 30th day of March, 2010, by the following vote: AYES: Supervisors Aolan, Kirk, Lamberti, Yamaguchi ~~.nd Chair Connelly NOES: None ABSENT: None NOT VOTING: None ~c.~ BILL CONNELLY, hair Butte County Board of Supervisors ATTEST; SCOTT TANDV, f~hief Administrative and Clerk oft~e Tj/oardpf Supervisors By: