CC RESOLUTION 4720RESOLUTION NO. 4720
A RESOLUTION APPROVING MAINTENANCE IMPROVEMENT
PLANS TO THE ROLLER HOCKEY RINK AT RECREATION AND
PARKS LOCATED AT 401 SHELDON ST. PURSUANT TO
GOVERNMENT CODE § 830.6 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH TOYOTA SPORTS
CENTER.
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 April 19, 2011 the City received a proposal by Toyota Sports Center
(TSC) ( "VOLUNTEER ") to prepare skating floor at Roller Hockey Rink
located at Recreation and Parks.
B. The Project consists of the following: clean concrete floor, paint all lines
and circles with red and blue, apply one coat of constant shield, and apply
one coat of roll —on clear (the "Project ");
C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER, the Council
understands and believes that the total value of the materials and labor
would be $4,235.19. VOLUNTEER will utilize their staff of four for three
days, eight hours each day.
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 VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
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3. VOLUNTEER'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, VOLUNTEER 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 Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. 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
K. In accepting VOLUNTEER'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 15 -20 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.
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A. The City Engineer, or designee, is authorized to act on the City's behalf in
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 VOLUNTEER
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.
PASSED AND ADOPTED this 17tbday o 2011
Eric Busch, Mayor
ATTEST:
6Z&—�4ww 4 &:� —
Cindy Mo esen, City Clerk
APPROVED AS TO FORM:
Mark D. nsley, City Attorn y
By
Karl H. Berber, Assistant City Atto ney
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