San Rafael Municipal Code Art. XIII Public Works and Contracts

All contracts must be in writing, approved by the city attorney, executed in the name of the city by an officer or officers authorized thereunto, countersigned, numbered and registered by the city clerk in a book kept for that purpose.

Contracts may provide for progressive payments, but no progressive payments can be provided for or made at any time which, with prior payments, shall exceed ninety percent of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize the payment of more than ninety percent of the contract price before completion of the work done thereunder and the acceptance thereof by the proper officer, board or department.

The City Manager or an officer authorized by the City Manager shall purchase or contract for equipment, materials, supplies and public works required by the City in the manner prescribed by ordinance.

(City Council Resolution No. 8982, adopted July 6, 1993, as ratified by the voters on November 2, 1993—State Charter Statutes Appendix, Chapter 25, 1993. City Council Resolution No. 5589, adopted December 21, 1978, as ratified by the voters on March 6, 1979—State Charter Statutes Appendix, Chapter 11, 1979. Assembly Concurrent Resolution No. 121, August 20, 1973: Senate Concurrent Resolution No. 46, May 31, 1967.)

The Council shall establish annually by ordinance at a public hearing the conditions and procedures for any purchase or contract, and establish advertising and bidding requirements.

(City Council Resolution No. 8982, adopted July 6, 1993, as ratified by the voters on November 2, 1993—State Charter Statutes Appendix, Chapter 25, 1993. City Council Resolution No. 5589, adopted December 21, 1978, as ratified by the voters on March 6, 1979—State Charter Statutes Appendix, Chapter 11, 1979. Senate Concurrent Resolution No. 68, May 14, 1951.)

The city clerk shall submit a list of blanks and blank books used in the several offices and departments, and the council shall annually fix the price therefor, and also the price of all job and city advertising; and each officer, board or department shall produce such blanks, blank books, job printing and advertising at a price no greater than is so fixed, and certify the bill therefor to the council.

No contract for lighting streets, public buildings, places or offices shall be made for a longer period than three (3) years, nor at a higher rate than the minimum price charged private consumers.

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 certify to a greater amount of labor than has actually been performed, or to the receipt of a greater amount or different kind of material or supplies than has been received, shall be guilty of malfeasance in office.

If any person to whom a contract has been awarded, has in presenting any bid or bids, colluded with any other person for the purpose of preventing other bids, then the contract so awarded shall be null and void, and the council shall re-advertise, or said work may be done by the council.

No officer shall be interested in any contract made by him in his official capacity, or by any body or board of which he is a member, and any such contract shall be null and void; and it shall be a felony punishable as provided in section seventy-one of the Penal Code of California for any commissioner or officer to suggest or require of any employee that such employee or any member of his family trade individually, or directly, or indirectly with any certain person, firm or corporation.

The maximum time of labor or service required of any laborer, workman or mechanic employed upon any municipal work, whether employed directly by the city and its officers or by a contractor or sub-contractor, shall be eight hours during any one calendar day and the minimum wages of any laborer, workman or mechanic shall be Three ($3.00) Dollars per day.