Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

City Of Napa Charter Information

2.91.010 Purpose, intent, and general provisions.

A. This chapter of the Napa Municipal Code may be referred to as the “Contracting Ordinance.”
B. The purpose and intent of this chapter is to exercise and affirm, to the greatest extent possible, the city’s constitutional “home rule” authority with respect to city contracts, as a charter city pursuant to California Constitution Article XI, Section 5. This chapter also responds to the provisions of California Public Contract Code Section 1100.7 by affirmatively exempting the city from the requirements of the Public Contract Code, except to the extent the city has expressly adopted one or more provisions of the Public Contract Code pursuant to the City Charter, this code, Council resolution or other Council action, or express terms of a city contract. Nothing in this chapter is intended to concede or agree that: Public Contract Code Section 1100.7 addresses a matter of statewide concern sufficient to preempt the city’s constitutional “home rule” authority, or that this code is required in order for the city to exercise such “home rule” authority, or that the city’s “home rule” authority over other matters is limited or preempted in any manner by the city’s failure to expressly exempt itself from any other state law.
C. Pursuant to the city’s constitutional “home rule” authority, the city is and shall be exempt from the provisions of state law governing general law cities, including the provisions of the California Public Contract Code; provided, however, the city may expressly adopt one or more provisions of state law to govern city contracts to the extent expressly provided in the City Charter, this code, Council resolution or other Council action, or express terms of a city contract.
D. Consistent with the requirements of the City Charter, including City Charter Sections 100 through 105, this chapter establishes the parameters by which representatives of the city may enter into contractual obligations on behalf of the city. It is the goal of the city that any administrative regulations adopted to implement this chapter, and any city contract, will meet the following goals:
1. Obtain the most cost effective result for the city, which avoids improvidence, extravagance, and any other waste of public funds or public property, and which also achieves an appropriate balance between the costs and benefits of maximizing quality within available resources.
2. Takes into consideration all reasonably available relevant information regarding the range of types, effectiveness, quality, and costs of potential property, services, public projects, and contractors available to achieve the city’s project goals. Depending upon the particular requirements of the project (and the more particular procedures identified in this chapter), the information to be considered may include data gathered from one or more of the following sources: similar city projects, other public agencies, professional journals, private businesses, outreach to potential contractors, and private businesses, competitive bids, formal or informal quotes, proposals, or qualification statements.
3. Guards against favoritism, fraud, corruption, and conflicts of interest.
4. Efficiently uses city resources in the preparation, approval, administration, and enforcement of contracts which are effective tools in achieving the city’s goals.
E. Any contract made, or purported to be made, by the city in violation of this chapter shall be void and of no force or effect. (O2009 5)

2.94.030 Adoption of informal bidding procedures and dollar limits under Uniform Public Construction Cost Accounting Act.

Public projects, as defined by Section 101 of the Napa City Charter and the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq., may be awarded and let to contract by the informal procedures and according to the dollar limits set forth in Public Contract Code Section 22032. (O95-008)

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