CC RESOLUTION 4643RESOLUTION NO. 4643
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF WALL PADDING ON THE SOFTBALL FIELD AT
RECREATION PARK PURSUANT TO GOVERNMENT CODE § 830.6
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH TOMARK SPORTS WITHOUT THE NEED FOR
COMPETITIVE BIDDING AS OTHERWISE REQUIRED BY THE CITY
OF EL SEGUNDO MUNICIPAL CODE.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On January 14, 2010, the City received a proposal by TOMARK SPORTS
( "CONTRACTOR ") to design and build a WALL PADDING MATERIAL ON
THE RETAINING WALL (the "Project ");
B. The Project consists of installing custom stadium pads on the south
concrete wall of the existing softball field;
C. EL SEGUNDO GIRLS SOFTBALL LEAGUE proposes to donate all
materials and labor to construct the Project by paying CONTRACTOR.
The City would not incur any cost;
D. Based upon information supplied by Recreation and Parks Department
staff, the Council understands and believes that the total value of the
project would be $10,880.89;
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project;
F. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
There is, at most, only a nominal cost to the public for the reason
that EL SEGUNDO GIRLS SOFTBALL LEAGUE will donate all
materials and labor;
2. TOMARK SPORTS will not receive any public funds for completing
the Project;
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3. TOMARK SPORTS AND EL SEGUNDO GIRLS SOFTBALL
LEAGUE's only motivation in constructing the Project is to
accomplish charitable works for the City;
4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, TOMARK SPORTS will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631;
Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G &E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
J. In accepting EL SEGUNDO GIRLS SOFTBALL LEAGUE's donation of the
Project, the City notes that Labor Code § 1720.4 specifically exempts work
performed by volunteers from payment of prevailing wages. In addition,
the Department of Industrial Relations ( "DIR ") has determined that
prevailing wages need not be paid for the Project (see DIR Decision No.
98 -004 dated June 10, 1998 [donated pergola on city property]; and DIR
Decision No. 99 -058 dated January 7, 2000 [volunteer labor]).
Accordingly, the Project is not a "public work" under the Labor Code and
volunteers need not be paid prevailing wages.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
A. The City Engineer, or designee, is authorized to act on the City's behalf in
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approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with TOMARK
SPORTS for construction of the Project in a form approved by the City
Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
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