Form of contracts.
Section 100. All contracts shall be in writing executed in the name of the City of Napa by an officer or officers authorized to sign the same and must be countersigned by the City Auditor who shall number and register the same in a book kept for that purpose. All contracts shall be approved, as to form, by the City Attorney, and no contract made, save and excepting as hereinafter stated, the expense of the execution of which is not provided by law or ordinance, to be paid by assessment on the property benefited, shall be binding or of any force unless the City Auditor shall endorse thereon his certificate that there remains, unexpended and unapplied, a balance of the appropriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract. In the case of any contract entered into by the City for the purpose of the purchase of water from any governmental entity with the purchase price of such water being paid on an annual basis for the amount of water taken including possible costs to the governmental entity for construction and maintenance of facilities, such endorsement by the City Auditor shall not be required. (Amended May 9, 1966.)
Public works to be done by contract.
Section 101. In the erection, improvement or repair of all public buildings and works, in all street and sewer work, and in all work in and about streams or waterfronts, or, in or about embankments or other works for protection against overflow and erosion, and in furnishing any supplies or materials for the same when the expenditure required exceeds the sum prescribed by Section 20162 of the Public Contract Code of the State of California, or as amended, the same shall be done by contract and shall not be let to other than the lowest and best bidder as determined by the City Council after advertising for sealed proposals for the work contemplated, or supplies or materials required, for five consecutive days in some newspaper printed and published in the City of Napa, or after posting notice inviting sealed proposals therefor for five days on or near the Council Chamber door. Such notice shall distinctly and specifically state the work contemplated to be done or supplies or materials to be furnished; provided, however, the City Council may reject any and all bids, if deemed excessive, and re-advertise for bids or provide for the work to be done by the proper City department, or the supplies or materials to be purchased in the open market; but in no case shall such supplies be bought at a price as high as the lowest bid received from the responsible bidder. In case no bid is received, the City Council may likewise provide for the work to be done by the proper department or the supplies to be purchased in the open market.
The City Council, in its discretion, shall have the authority to adopt, by ordinance or resolution, criteria and requirements for determining the lowest and best bidder in the award of City contracts under this section and otherwise, including but not limited to, criteria and requirements; (1) affording preference in the award of City contracts to businesses located and persons residing within the City of Napa; and (2) requiring non-discrimination on basis of race, religion, color, national origin, gender, creed or affiliation by persons and businesses bidding on and receiving City contracts. The City Council, in its discretion, also shall have the authority to adopt all or part of the State of California Uniform Construction Cost Accounting Act, Public Contract Code Section 22000, et seq., as amended. If the City Council adopts the expenditure limits and requirements set forth in Public Contract Section 22032, as amended, those limits and requirements shall prevail over the limits and requirements otherwise set forth in Public Contract Code Section 20162 and this section.
Notwithstanding any other provision of this Section, and in addition to the exceptions recognized by at law, the City Council shall have the authority to waive any and all requirements of this section for the erection, improvement or repair of recreational facilities, excepting any ancillary building, parking lot and off-site improvement exceeding $75,000.00, if the City Council determines by a four-fifths (4/5) vote that one or more community organizations and/or volunteers will perform a substantial portion of the labor to be performed and/or a substantial portion of the materials will be donated at no cost or substantial discount or be paid for by independent contributors or fundraising efforts, and that such voluntary labor and/or donated materials will substantially decrease the cost to the public for such project. (Amended May 18, 1955; January 27, 1965; June 7, 1994; March 6, 2001.)
Progressive payments on contract.
Section 102. Any contract for public works projects may provide for progressive payments, provided no such payments can be authorized which, with any prior payments, shall exceed ninety percent of the value of the labor done and materials used; and provided, further, that no contract shall provide for or authorize or permit the payment of more than ninety percent of the contract price before the completion of the work done under said contract and the acceptance thereof by the proper office, department or board. (Amended January 23, 1951; March 4, 1997.)
Officers not to be interested in contracts.
Section 103. No member of the City Council, nor any other officer or employee of the City, shall be interested, directly or indirectly, in any contract, job, work or service for the City, or with the profits or emoluments thereof or in the expenditure of any money on the part of the City other than his fixed compensa¬tion, and any contract with the City in which any such officer or employee is or becomes interested shall be void. No member of the City Council or other officer or employee of the City shall knowingly accept any gift, frank, free ticket, pass, reduced price or reduced rate of service from any person, firm or corporation operating a public utility or engaged in business of a public nature with the City or from any person known to him to have or to be endeavoring to secure a contract with the City. Any officer or employee violating any of the provisions of this section shall be guilty of malfeasance and shall be removed from office.
Collusion by bidder.
Section 104. 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, colluded with any other party or parties for the purpose of preventing any other bids being made, then the contract so awarded shall be null and void and the City Council shall advertise for a new contract for said work or provide for such public work to be done by the City.
Collusion with bidder.
Section 105. Any officer of the City or of any department thereof who shall aid or assist a bidder in securing a contract to furnish labor, materials 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 willfully mislead any bidder in regard to the Character of the materials 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 to have been performed than has been actually performed or to the receipt of a greater amount of different kind of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office.