O-10-21 Amending portions of chapter 3.08 relating to biddin, contracting and puchases of supplies, services and equipment

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. No Bids or Proposals Received. If no bids or proposals are received, the Authorized Contracting Party May award the contract by any alternative purchasing procedure. xv. Section 3.08.130 of the Colton Municipal Code is amended to read as follows: In addition to the situations described Section 3.08.050, competitive bidding, either formal or informal, is not required for Public Projects in the situations provided for in this section. Under such conditions, any Alternative Procedure May be Used. A. Emergencies. In situations determined by the City Manager to constitute an Emergency for a Public Project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegates to the City Manager the power to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars, pursuant to Section 22035 of the Act and California Public Contract Code Section 22050. Emergency expenditures of more than one hundred thousand dollars Shall first be Approved by the City Council. Work Shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections. For Projects of more than fifty thousand dollars, a report on the Emergency and work performed Shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council Shall determine, by a four -fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council Shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action May be completed pursuant to a Formal Bidding Procedure. For Projects of fifty thousand dollars or less, the City Manager Shall determine, on his or her own as the action continues, whether there is a need to continue the action without the benefit of Public Project informal competitive bidding. The City Manager Shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action May be completed pursuant to an Informal Bidding Procedure. B. No Competitive Market. When the City Council determines, in accordance with applicable Law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process. C. No Bids Received. When no bids are received pursuant to either the Public Project Informal Bidding Procedure or the Public Project Formal Bidding Procedure. D. Otherwise Authorized. When otherwise authorized by this chapter or applicable Law. xvi. Section 3.08.140 of the Colton Municipal Code is amended to read as follows: In addition to the situations described in sections 3.08.060 through 3.08.080, competitive bidding, either formal or informal, is not required for Non -Public Projects in the situations provided for in this section. Under such conditions, any alternative procedure, including no bidding, may be used with the City Manager's approval. A. Emergencies. In situations determined by the Authorized Contracting Party to constitute an Emergency, as defined in section 3.08.020. 23152.06000\24600698.2