AgdaPkt 2019-01-28 Joint SA PFA - Laserfiche WebLink

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6.D. - Page 130 of 170 needed and on an occasional, but frequent, basis without engaging in a new competitive process for each individual project to be performed; however, from among as needed contractors each individual project is assigned on the basis of availability of an as -needed contractor to perform the work, the price to be charged and the unique expertise of the as - needed contractor; and WHEREAS, the BOARD, as the contract awarding authority, finds pursuant to Charter Section 371(e)(10) that use of competitive bidding would be undesirable, impractical or impossible or is otherwise excused by the common law and the Charter because, unlike the purchase of a specified product, there is no single criterion, such as price comparison, that will determine which proposer can best provide the services required by DEPARTMENT to provide as -needed general park building construction; and WHEREAS, the BOARD, as the contract awarding authority, finds pursuant to Charter Section 372 that obtaining competitive proposals or bids for each individual project for which work may be performed pursuant to this agreement is not reasonably practicable or compatible with the DEPARTMENT's interests of having available as -needed contractors who are assigned various projects on the basis of availability, price and expertise and that it is therefore necessary to have several as -needed contractors for this type of service available when called upon by the DEPARTMENT to perform services; and WHEREAS, the BOARD, as the contract awarding authority, finds pursuant to Charter Section 1022, that the work can be performed more economically or feasibly by independent contractors than by DEPARTMENT employees because the DEPARTMENT does not have available in its employ, personnel with sufficient time or the necessary expertise to undertake general park building construction and related work in a timely manner, and therefore it is more feasible and economical and in the DEPARTMENT's best interest to secure these services by contract with CONTRACTOR to perform this work as -needed and on an occasional, but frequent basis, without engaging in a new competitive bidding process for each individual project to be performed. NOW, THEREFORE, DEPARTMENT AND CONTRACTOR, in consideration of the recitals above and of the terms, covenants, and conditions contained herein, agree as follows: SECTION 1 - PARTIES TO CONTRACT REPRESENTATIVES AND NOTICE 1.1 Parties The parties to this Contract are: CITY - The City of Los Angeles, a municipal corporation, acting by and through its BOARD OF RECREATION AND PARK COMMISSIONERS on behalf of the Department of Recreation and Parks, having its principal office at 221 North Figueroa Street, Suite 300, Los Angeles, California 90012. CONTRACTOR — THE PUBLIC RESTROOM COMPANY, having its principal office located at 2587 Business Parkway, Minden, NV 89423. 2 213