Alhambra Municipal Code Art. XIX Contracts

When the expenditure required for a public project exceeds the minimum amount specified in the general law of the State of California as requiring bidding, or the amount set by ordinance of the City Council, whichever is greater, such expenditure shall be contracted for and let to the lowest responsible bidder after notice.

As used in this section, “public project” means a project for the erection, improvement or repair of public buildings or works; for street, sewer or water work except maintenance or repairs; or for the furnishing of supplies or materials for any such project including the maintenance or repair of streets, sewers or water works.

The council may reject any and all bids presented and may solicit new bids. If two or more bids are the same and the lowest, the council may accept the one it chooses. If no bids are received, the council may have the project done without further compliance with this section.

After rejecting bids, the council may by resolution declare that the project can be performed more economically by city personnel or by day labor or that the materials or supplies can be furnished at a lower price on the open market. Upon adoption of such resolution, the council may authorize the project to be performed in the manner stated without further compliance with this section.

The council may also make any expenditure for such a public project without further compliance with this section if it finds and declares by resolution that there is only one available source which can supply the subject matter of such public project or that an emergency exists which makes it essential to the health, safety or welfare of the people that emergency action be taken without further compliance with this section.

Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966 and by Senate Concurrent Resolution No. 12, which was approved by the voters of the city at an election held November 3, 1970; this section was further amended by the voters of the city at an election held March 5, 2002.

For the statutory provision regarding the public project expenditures which require competitive bidding see West's Gov. C.A. § 37902.

Editor's note: This section was repealed by Senate Concurrent Resolution No. 12, which was approved by the voters of the city at an election held November 3, 1970.

No contract for lighting streets, public buildings or offices or public places or for furnishing the city with heat or power shall be made for a longer period than one year, except that any such contract may be made with any other municipal corporation for a period not longer than ten years.

When required to do so by this Charter or applicable state law, the applicable state law, the council or the appropriate city officer shall cause public notices to be published in a newspaper according to law.

Editor's note: Section 138 was amended as approved by the voters of the city at a special municipal election held June 5, 1984. The amendment was filed in the Office of the Secretary of State and on August 17, 1984, was given Charter Chapter No. 21. This section was further amended by the voters of the city on March 26, 1996.

Any officer of the city or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies, at a higher price than that proposed by any other bidder, or who shall favor one bidder over another by giving or withholding information or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to those called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or a different kind of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office.

If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, acted in collusion with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the council shall advertise for new bids for said work, or may provide for such work to be done by the department of public works.

No officer or employee shall be interested in any contract, work or business of the city in the manner or to the degree prohibited by state laws to officers and employees of general law cities.

Editor's note: This section was amended by Senate Concurrent Resolution No. 92, which was approved by the voters of the city at a special election held November 7, 1972.

Every officer or employee of the city is forbidden and prohibited from soliciting, accepting or receiving, directly or indirectly, and every public utility, corporation, person having or contemplating any contract with the city or owner of a franchise granted by the city, or agent, officer, attorney or employee thereof, is forbidden and prohibited from offering or giving, directly or indirectly, to any such officer or employee of the city, any commodity or service furnished by such public utility corporation or owner of a franchise, or any reduction in the rate thereof to which the public generally are not entitled, or any present, gift or gratuity of any kind. A viola-tion of any of the provisions of this section shall be deemed a misdemeanor. Every officer or employee of the city who violates any of the provisions of this section shall be guilty of malfeasance and shall be removed from office.

Any contract or agreement made in contra-vention of this Charter shall be void.

Any violation of the provisions of this article shall be deemed a misdemeanor.

The council shall enforce the provisions of this article by appropriate legislation.

Editor's note: This section concerning the maximum time of labor was repealed by the electorate on March 26, 1996.