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CC RESOLUTION 4749RESOLUTION NO. 4749 A RESOLUTION AUTHORIZING THE EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION TO EXPEND UP TO $48,976.00 FOR THE PURPOSE OF MODERNIZING THE FRONT ELEVATOR AT THE PARK VISTA SENIOR HOUSING FACILITY AND AUTHORIZING THE EL SEGUNDO SENIOR CITIZEN HOUSING CORPORATION BOARD TO EXECUTE A CONTRACT WITH AMTECH ELEVATOR SERVICES WITHOUT THE NEED FOR COMPETITIVE BIDDING AS OTHERWISE REQUIRED BY THE 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. The City of El Segundo owns the Park Vista senior housing facility and the underlying real estate located at 615 East Holly Street; B. The Park Vista facility is operated and managed by the El Segundo Senior Citizen Housing Corporation, a non - profit California corporation, pursuant to an Operating Agreement between the City and the Corporation dated May 6, 1986; C. Pursuant to Section 5.2.1 of the Operating Agreement, as amended, expenditures by the Housing Corporation in excess of $10,000 for maintenance of the facility require prior authorization by the City Council; D. On or about October 7, 2011, the City received a proposal from Amtech Elevator Services to modernize the front elevator at the Park Vista senior housing facility (the "Project ") for a cost of $48,976.00; E. The proposed project is necessary to ensure maximum reliability of the elevator equipment, minimize elevator shutdowns, ensure the safety of building tenants, visitors and staff, reduce the risk of injury to passengers, reduce liability exposure associated with elevator - related accidents, and to increase resident satisfaction; F. 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; G. 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; H. The facts and circumstances of this Project, however, demonstrate that competitive bids would be unavailing or would not produce an advantage, Page 1 of 3 and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons: Amtech Elevator Services completed the modernization of the rear elevator at Park Vista in 2009 and performed two different emergency repairs earlier this year, one for approximately $5,000 and one for $6,000 to the front elevator; 2. The critical components that Amtech installed on the front elevator during the emergency repair process earlier this year are under warranty by Amtech and do not need to be replaced during the modernization process; 3. If a different company were to perform the modernization work on the front elevator, the City would lose the benefit of the warranty on the recently replaced components; 4. The Corporation is under contract with Amtech for the regular maintenance of both elevators at Park Vista. If a different company were to perform the modernization work on the front elevator, the Corporation would need to enter into a separate maintenance agreement with that company for maintenance of the front elevator only, resulting in separate maintenance contracts for each of the two elevators and an overall increase in maintenance expenses for the elevators on an ongoing basis; 5. Based on the Corporation's recent experiences with the rear elevator modernization and the emergency repairs on the front elevator, Amtech has proven to be highly competitive in its pricing and it is improbable that any other private contractor can complete the Project for a lesser amount; 6. Utilizing a company other than Amtech to perform the modernization work would result in increased costs over both the short and long term. In waiving the competitive bid requirements otherwise required by the Code, 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; SECTION 2: Authorizations. A. The City Public Works Director, or designee, is authorized to act on the City's behalf in approving any alterations or modifications to the Project Page 2 of 3 approved by this Resolution; B. The President of the Board of Directors of the El Segundo Senior Citizen Housing Corporation is authorized to execute a contract with Amtech Elevator Services for the completion of the Project in a form approved by the City Attorney. SECTION 3: The City Clerk is directed to certify the adoption of this Resolution. SECTION 4: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 1St day of November, 2011. Eric Busch, Mayor ATTEST: amq�AOVAPM Cindy Mo sen, City Clerk APPROVED A MARK D. HE L i orney r By: Karl H. Berger, A s�tant City Attorney Page 3 of 3