Tiburon Municipal Code Art. I General Provisions

As used in this chapter, the following terms are defined in this section:

"Contract" means any binding agreement between the town and any individual, public agency, corporation, partnership or other entity. Contract shall also mean, without limitation, any document which purports to transfer liability to the town or in which purportedly obliges the town to indemnify, defend and/or hold harmless any individual, public agency, corporation, partnership or other entity.

"Formal bidding" means a contractor selection procedure that substantially complies with the process set forth in article V of this chapter for public works projects.

"Informal bidding" means any nonformal contractor selection procedure authorized by this chapter.

A "major public works contract" means a contract for a public works project whose value exceeds two hundred thousand dollars.

A "minor public works contract" means a contract for a public works project whose value does not exceed two hundred thousand dollars.

This threshold of two hundred thousand dollars that distinguishes major from minor public works projects shall be automatically adjusted to conform to the maximum set by section 22032(b) of the Public Contracts Code or its successor statute for projects that may be let by informal bidding. Except where otherwise indicated, "public works project" means any project meeting the definition of a "public project" under section 22002 of the Public Contracts Code, as amended, or any successor statute.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)

(a) No contract shall be valid or binding upon the town unless it is entered into and executed in accordance with this chapter.

(b) Notwithstanding anything in this chapter to the contrary, no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorney prior to execution on behalf of the town or unless, in the town manager's judgment, there are special circumstances such that the town's interest in entering into the contract on an expedited basis render it impracticable to obtain the town attorney's approval.

(c) The town need not use formal or informal bidding to award a contractor except as expressly required by this chapter.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)

The town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract:

(a) For purchases, general services, professional services or employment, or community, social or recreational services, and the total expenditure does not exceed sixty thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract;

(b) For the lease of town property for a period of less than six months, or for the use of town property or facilities for a period not to exceed five days, in accordance with town policy, which require no payment of money by the town;

(c) For settlement of a claim or litigation against the town, after consultation with the mayor, where the total expenditure does not exceed ten thousand dollars;

(d) Allowing the right of entry onto town property.

(e) In the case of Public Works contracts, the town manager's signature authority shall be in accordance with the provisions of article IV - Minor Public Works Contracts.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)

(a) The director of public works shall be authorized to negotiate and execute contracts for the town for budgeted services, public works, supplies, materials and equipment required by his department up to a maximum of ten thousand dollars, provided that such monies have been appropriated or budgeted for such purpose, and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

(b) The chief of police, director of administrative services, town attorney and community development director shall be authorized to negotiate and execute contracts for the town for budgeted services, supplies, materials and equipment required by their respective departments up to a maximum of five thousand dollars, provided that such monies have been appropriated or budgeted for such purpose, and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

(c) The town manager shall have discretion to lower the contract authority maximums in this section by written notice to the town official or officials involved, with a copy of said notice to the director of administrative services and the town attorney.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)

(a) Except as set forth in subsections (b) and (c) of this section, the town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract for emergency purchases, services or public works projects, where the amounts are greater than set forth in section 3A-3(a) and (e) of this chapter. If the emergency requires letting a contract before the council can be convened, the town manager shall have the authority to let the contract, notwithstanding the procedures set forth in subsections (b) and (c) of this section. In an emergency situation, this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property.

(b) In the event of any emergency, the town council may proceed to enter into a contract for a minor public works project without giving notice for bids to let contracts.

(c) In case of an emergency, the council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)

The town manager shall have discretion to reject any or all price quotations or bids presented for any contract for purchase of supplies, materials and equipment, or for services. If the town manager rejects all price quotations or bids, the town manager may, in his discretion, re-advertise for new price quotations or bids. If the town manager determines that the amount of price quotations or bids was excessive, he may enter into a contract at a lower price without re-advertising for price quotations or bids within his contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council for award or take such alternate action with respect to the purchase as he determines to be in the town's best interests.

(Ord. No. 510 N.S., § 2 (part))

(Ord. No. 582 N.S., § 1(A), 5-15-2019)