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HomeMy WebLinkAboutReso 2019-046RESOLUTION NO. 2019-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HDL COMPANIES TO PROVIDE COMMERCIAL CANNABIS APPLICATION REVIEW SERVICES; WAIVING CITY’S CONSULTANT SELECTION PROCESS IN CONNECTION WITH SAME; APPROPRIATING $539,500 OUT OF THE GENERAL FUND, NON-DEPARTMENTAL, TO FUND THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE FORMAL CONTRACT WITH HDL COMPANIES ON BEHALF OF THE CITY WHEREAS, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), enacted by the California Legislature in June 2017, establishes a comprehensive set of laws regulating both individual and commercial medicinal and non-medicinal cannabis activity throughout the State of California; and WHEREAS, the City of Chula Vista now desires to permit, license, and fully regulate commercial cannabis activities within the City; and WHEREAS, to this end, the City is seeking assistance from HdL Companies to provide cannabis application review services; and WHEREAS, HdL Companies’ extensive and unique experience with cannabis administration and more specifically cannabis application review and scoring makes them uniquely qualified to provide these services for the City; and WHEREAS, finance staff has reviewed the rates and schedules proposed for the services and believe that they are reasonable in comparison to other agencies and the level of effort and expertise involved in order to deliver the required services; and WHEREAS, for these reasons staff’s recommendation is that the City Council waive the standard bidding requirements for this contract as being impractical and find that hiring HdL Companies on the terms proposed is in the best overall interest of the City pursuant to CVMC Section 2.56.070.B; and WHEREAS, HdL Companies’ proposal sets forth fixed fees per task, not to exceed $539,500; and WHEREAS, upon City Council approval, the City Manager will work with the City Attorney’s office to finalize a formal contract with HdL Companies on the City’s standard two- party consulting agreement; and DocuSign Envelope ID: DDCA23C1-966A-40D5-B24E-0583571FA36D Resolution No. 2019-046 Page No. 2 WHEREAS, the services rendered by HdL Companies are to be paid from the application fees collected from the cannabis business application process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: (1) Based upon the facts set forth above, and further presented by staff, the City Council waives the City’s competitive bidding procedures as impractical and finds that awarding a contract to HdL Companies on the terms presented is in the best overall interest of the City; and (2) City Council approves an agreement with HdL Companies on the terms presented and authorizes and directs the City Manager to negotiate and finalize a formal contract with HdL consistent with such terms in a final form approved by the City Attorney; and (3) To fund the contract City Council amends the Fiscal Year 2018/19 budget and appropriates funds to the General Fund, Non-departmental, in the amount of $539,500. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: DDCA23C1-966A-40D5-B24E-0583571FA36D Resolution No. 2019-046 Page No. 3 Presented by Approved as to form by David Bilby, MSBA, CPFO Glen R. Googins Director of Finance/Treasurer City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of March 2019 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-046 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of March 2019. Executed this 26th day of March 2019. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: DDCA23C1-966A-40D5-B24E-0583571FA36D