Charter

Section 608. Contracts on public works.

Every contract involving an expenditure of more than Twenty-Five Thousand ($25,000.00) Dollars for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Twenty-Five Thousand ($25,000.00) Dollars shall be let either to the lowest responsible bidder after notice by publication in the official newspaper by two or more insertions, the first of which shall be at least ten days before the time of opening bids, or by best value processes, including but not limited to use of design-build and construction manager at risk approaches, adopted by the City Council by ordinance in cases where the City Council finds such processes will reduce project cost, expedite project completion, or provide unique design features.

The City Council may reject any and all bids presented and may re-advertise in its discretion. After rejecting bids, or if no bids are received, the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at a lower price in the open market, and after the adoption of a resolution to this effect by a majority vote of the entire membership of the City Council, it may proceed to have said work done or such material or supplies purchased in the manner stated, without further observance of the provisions of this section.

When the City Council deems, by four affirmative votes, there is urgent necessity for the preservation of life, health or property, purchase of such materials or supplies and contracts for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds may be let without advertising for bids. The City shall not be bound by the California Public Contracts Code except as expressly provided in this Charter or as expressly required by the City Council by ordinance. (Amended by the electorate of the city at an election held on November 5, 2002; Amended by Assembly Concurrent Resolution No. 96 Paragraph 2, ratified by the qualified electors of the city at a general municipal election held April 11, 1972)