Pasadena Municipal Code Art. X Contracts, Purchases and Claims

All contracts shall be in writing, and shall be executed in the name of the City of Pasadena by an officer or officers authorized to sign the same. All contracts shall be approved as to form by the City Attorney before the execution thereof.

All contracts shall be approved by the City Council except contracts under a limit established by ordinance.

(Sec. 1001 amended by vote of the people 3-5-2024; Sec. 1001 amended by vote of the people 3-9-1993: Sec. 1001 amended by vote of the people 6-5-84, effective 7-9-84; Sec. 1001 amended by vote of the people 6-3-1980.)

Except as otherwise provided in this Charter, no contract for supplies, material, labor, or other valuable consideration, to be furnished to the City shall be authorized by the City Council except with the lowest and best bidder after competitive bidding. The City Council may reject any and all bids.

Competitive bidding shall not be required under this Charter for:

(A) Labor or services rendered by any City officer or employee.

(B) Labor, material, supplies or services furnished by one City department to another City department.

(C) Contracts for labor, material, supplies, or services available from only one vendor.

(D) Contracts for labor, material, supplies, or services in an amount less than a limit established pursuant to section 1001.

(E) Contracts relating to the acquisition of real property.

(F) Contracts for professional or unique services.

(G) Contracts for labor, material, or supplies for actual emergency work.

(H) Contracts with other governmental entities or their contractors for labor, material, supplies, or services.

(I) Contracts utilizing alternative project delivery methods, as approved by the City Council, including, but not limited to, design-build and construction manager at risk.

(Sec. 1002 amended by vote of the people 3-5-2024 on two separate measures: Measure S and Measure T; Sec. 1002 amended by vote of the people 3-9-1993; amended by vote of the people 6-3-1980; Sec. 1002 amended by vote of the people 6-8-1976, effective August 1, 1976.)

The City Council shall prescribe by ordinance a system of competitive bidding including such definitions, publication requirements, conditions, terms, rules and regulations and with such exceptions as the City Council shall prescribe not inconsistent with this Article.

(Sec. 1003 amended by vote of the people 3-9-1993.)

The audit requirement as such term is used in Section 1010 shall not apply to demands arising out of purchases under $500.00 or to any of the following services: telephone, gas, water, electric light and power. Such demands may be paid without prior audit, under procedures prescribed by ordinance.

(Amended by vote of the people 6-8-1976, effective August 1, 1976; Sec. 1004 amended by vote of the people 6-6-1972.)

The City Council shall provide, by ordinance, for uniform methods for the sale or exchange of real and personal property not needed by the City.

(Sec. 1005 amended by vote of the people 3-9-1993: Sec. 1005 amended by vote of the people 6-3-1980.)

The respective officers in charge of water and power utilities operated by the City may contract for the sale of the products, commodities, and services of their departments in accordance with forms and regulations approved by the City Manager and City Attorney, and at rates fixed by the City Council.

(Sec. 1006 amended by vote of the people 3-9-1993.)

No officer or employee of the City shall have an interest in any contract to which the City is a party, except to the extent permitted by state law as now or hereafter provided.

Whenever the City shall have received any money from the Federal Government or from the State of California, or from any agency of either, it may in the expenditure of such money conform to all applicable requirements of Federal or State laws, and of regulations and orders issued under the authority thereof, with respect to the awarding of contracts, hours of labor, employment preferences, and other such matters covered thereby, notwithstanding any provisions of this Charter inconsistent therewith, and any such inconsistent provisions shall yield and be subordinate thereto with respect to such expenditure.

(Sec. 1009 was amended and renumbered Sec. 911 by vote of the people 6-8-1976, effective August 1, 1976.)

All demands against the City must be in writing, must specify the date, nature, and amount of each item included therein and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance, who shall examine and audit the same. If the amount is legally due and there remains on his or her books an unexpended balance of an appropriation against which it may properly be charged, he or she shall approve such demand and cause the same to be paid from the City treasury, charging the proper fund. Otherwise, he or she shall reject it. The City Council may overrule such rejection and order the demand paid. If funds are insufficient, the demand shall be registered, and all registered demands shall be paid in the order of their registration when funds therefor become available.

(Sec. 1010 amended by vote of the people 3-9-1993: Sec. 1010 amended by vote of the people 6-8-1976, effective August 1, 1976.)

(A) To the extent that the laws of the State of California set forth a procedure applicable to claims specified therein against local public entities and public officers and employees thereof, such State laws shall, from and after January 14, 1963, govern such claims to the exclusion of the provisions of this Charter and all ordinances of this City.

(B) Subject to the provisions of subsection (A) of this Section, and except in those cases where a different period of time is otherwise specified by law, all claims or demands which are based on a cause of action accruing from and after January 14, 1963, against the City, or any board or department thereof, or any officer or employee thereof for an act or omission during the course of his or her service or employment, shall be presented within one year after the accrual of the cause of action.

(C) For the purpose of computing the time limit prescribed by this Section, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action accrued within the meaning of the applicable statute of limitations.

(D) Any claim rejected in whole or in part by any officer of the City whose approval may be required, may be presented to the City Council within thirty days after such rejection, and must be so presented before the bringing of any suit against said City or any officer, employee, board or department thereof in his or her or its official capacity, and suit on any claims shall be brought within six months after the rejection of such claim in whole or in part by such City Council. When any claim is in part allowed and in part rejected by said City Council, the claimant may refuse to accept such partial allowance and bring suit for the entire amount of such claim, but if any such partial allowance is accepted, no suit shall be brought or maintained upon such claim.

(Sec. 1011 amended by vote of the people 3-9-1993.)

No suit shall be brought upon any claim for money or damages, against the City, or any officer, employee, board or department thereof, until a claim or demand for the same has been presented as provided herein or in any ordinance herein authorized.

(Sec. 1013 was renumbered Sec. 912 by vote of the people 6-8-1976, effective August 1, 1976.)

The City Council shall prescribe by ordinance, exclusive of court costs, the monetary limits for an employee or employees to: (i) commence any action on behalf of the City, or (ii) settle any claim or action against the City, or any officer, employee, board or department thereof in his or her or its official capacity. No claim or action for more than the amount set forth in the ordinance shall be commenced or settled without the prior approval of the City Council.

(Sec. 1014 added by vote of the people 3-5-2024.)