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(A) The provisions of this chapter shall not apply to the extent that they conflict, and shall be interpreted and construed to be consistent, with any applicable State or federal laws or regulations, or the terms and conditions of any grant, contract, gift or bequest otherwise consistent with law.
(B) Any evaluation or selection practice under this chapter that would result in unlawful activity, including, but not limited to, any rebate, kickback or unlawful consideration is expressly prohibited. Any award of a contract where a public official has used his/her official position to influence a governmental decision in which he/she knows or has reason to know that he/she has a financial interest in any person or entity who seeks such a contract, or in the outcome of the selection process in any way, is expressly prohibited.
(C) Prior to participating in any procurement, a staff member will have to state the nature and length of his/her relationship, if any, to all bidders or proposers as well as any other personal interest in the outcome of the solicitation. A staff member must immediately notify the purchasing agent and not review any materials or attend any meetings regarding the procurement until further instruction from the purchasing agent if that staff member has, or reasonably should know that he/she has, a prior relationship or personal interest in the outcome of the solicitation.
(Ord. No. 2943)
(A) The city manager may authorize, in writing, any department to procure specified supplies, equipment, public projects and services independently of the purchasing agent.
(B) The following are exempted from obtaining competitive bids and proposals:
(1) Contracts unrelated to the procurement of goods, materials, public projects or services.
(2) Advertising (e.g., air time and newspaper and magazine advertising space, but not including advertising agencies or design services).
(3) Bank service fees.
(4) Government printed publications.
(5) Common carrier transportation.
(6) Travel payments directly to a hotel, motel, airline or other transportation (but not a conference or meeting room rental).
(7) Insurance.
(8) Memberships in professional organizations.
(9) Credit card payments to a bank.
(10) Contracts with other governmental entities.
(11) Permit fees, including, but not limited to, those to another governmental agency for operation of a city utility.
(12) Postage and United States Postal Service post office box fees (not private mail companies).
(13) Real property purchases, escrow fees and lease payments.
(14) Subscriptions to publications.
(15) Any utilities the city uses, including, but not limited to, payments for electricity or gas.
(16) Voting materials.
(17) Any other procurement exempted from bids or proposals in State or federal law.
(18) Legal brief printing and transcription.
(19) Legal services and services relating to legal matters.
(20) Anything relating to a confidential, ongoing police investigation and to other confidential police business.
(C) A purchase order, contract, or task order for legal services or services relating to legal matters may be awarded and executed by the city attorney, up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city attorney and the most senior available member of the city council if over that amount.
(D) A purchase order, contract, or task order relating to a confidential, ongoing police investigation or other confidential police business may be awarded and executed jointly by the police chief and city manager up to an annual authorization in the amount listed in Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, or may be awarded and executed jointly by the city manager and the most senior available member of the city council if over that amount.
(Ord. No. 2943)
ARTICLE II. PUBLIC PROJECTS
The city council has elected to subject the city to the Uniform Public Construction Cost Accounting Act (Cal. Pub. Con. Code, Sections 22000 et seq.) in the performance of public projects. The procedures contained in this chapter are intended to implement and be consistent with such Act.
(Ord. No. 2943)
(A) Other than for public projects in the amount listed in Cal. Pub. Con. Code, Section 22032(a), as may be changed from time to time, that are performed by force account, price quotations or bids shall be obtained for all public projects that cost over $5,000.
(B) The public works director and city manager each may procure, without public bidding, public projects that cost up to $5,000.
(Ord. No. 2943, 3016)
(A) A public project in the amount listed in Cal. Pub. Con. Code, Section 22032(a), as may be changed from time to time, and costing over $5,000 that is not performed by force account requires at least three written bids. The purchasing agent shall use his/her discretion if three written bids cannot be obtained.
(B) The public works director and city manager each may each award, and the purchasing agent may execute, such a contract.
(Ord. No. 2943, 3016)
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