Chapter 3.32 INFORMAL BIDDING PROCEDURES

Public projects, as defined by the Uniform Public Construction Cost Accounting Act, of $100,000 or less may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code.

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. Immediate family members, as defined in HMC § 3.32.050, of city employees and/or city officials shall not be eligible for consideration to perform public projects pursuant to HMC § 3.32.010.

Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with HMC § 3.32.020, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided, however:

The city finance officer and the director of public works are each authorized to award informal contracts pursuant to this section.

The provisions of the Political Reform Act (Government Code Sections 81000 et seq. and regulations adopted pursuant thereto), Government Code Section 1090, and the city's conflict of interest regulations shall apply to contractor selection and to all contracts entered into pursuant to this chapter. The immediate family members of, and/or individuals who are a source of income to, a city employee or city official who is directly or indirectly involved in the contractor selection process or in the award of contracts pursuant to this chapter shall not be eligible for consideration for the contractor's list or for the award of contracts. For the purposes of this chapter, "immediate family member" shall include spouse, dependents, children, parents, sibling, or grandparents of the interested city employee or city official. Any violation of the provisions of this section shall provide the absolute basis for immediate termination of any contract entered into in violation hereof.

In the event the provisions of this chapter conflict with any code, ordinance or regulation of the city, the provisions of this chapter shall govern. In the event any provision of this chapter conflicts with a preemptive provision of state law, this chapter shall be interpreted and applied in conformity with state law.