Burbank Municipal Code Art. 12 Purchasing, Contracts, Franchises, Improvements and Property

All public improvements, including the improving, widening, opening, extending, and closing of streets, lanes, or alleys, may be done and made in pursuance of the general laws of the state or procedure ordinances adopted by the Council or the voters, and the whole or any portion of the cost of such improvements paid out of the City treasury or assessed on the property fronting on the improvement, or the district or lands benefited. (Previous Section 53; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

(a) Contract Work. Every contract involving an expenditure of City moneys over an amount set by Ordinance for public works construction shall be let to the lowest responsible bidder after notice by publication in a newspaper of general circulation by two (2) insertions, the first of which shall be at least ten (10) days before the time for opening bids. In the case of an emergency, as established by Ordinance, such contracts may be awarded without advertising for bids and without Council approval. The Council shall have the right to waive any informality or minor irregularity in a bid. The City Manager may reject any and all bids presented and, in his or her discretion, may readvertise for bids, or recommend to the Council to dispense with competitive bidding. If the Council determines to dispense with competitive bidding, it shall do so by resolution, finding that it is in the best interests of the City.

(b) Purchases of Supplies, Materials, Equipment and Services Generally. Before making any purchase of, or contract for, supplies, materials, equipment or services (other than professional or contractual services which are, in their nature, unique and not subject to competitive bidding), the City Manager or a designated representative shall provide for competitive bidding under such definitions, conditions, terms, rules and regulations and with such exceptions as the Council shall prescribe by ordinance. (Previous Section 54; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

No officer or employee of the City shall have an interest in any contract or be the purchaser at any sale or the vendor at any purchase to which the City is a party, except to the extent permitted by state law as now or hereafter provided.

No officer or employee of the City shall aid or assist a bidder in securing a contract to furnish labor, material or supplies at a higher price or rate than that proposed by any other bidder, or favor one bidder over another, giving or withholding information or willfully mislead any bidder in regard to the character of the materials or supplies called for, or knowingly accept materials or supplies of a quality inferior to that called for by the contract, or knowingly certify to a greater amount of labor performed than has actually been performed, or to the receipt of a greater amount of material or supplies than has actually been received.

If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the contract so awarded shall, if the City so elect, be null and void and the contractor and its bondsmen shall be liable to the City for all loss or damage which the City may suffer due to such violation. In that event the Council may advertise again for bids for the work or supplies.

Any officer or employee violating any of the provisions of this section shall be guilty of a misdemeanor and shall be immediately expelled from office or employment by the officer or board responsible for employment, and the contract or transaction may be voided at the option of the Council. (Previous Section 55; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

Every franchise or privilege to construct, maintain, or operate any railroad, or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or other commodity, or for the use of public property or places now or hereafter belonging to the City, shall be granted under and in pursuance of the provisions of this Charter, any applicable City ordinances, resolutions or policies and the general laws of the state relating to the granting of such franchises or privileges. The Council may place any condition on such franchise or privilege consistent with the California Constitution, general laws and this Charter. (Previous Section 56; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)

Any real property owned by the City of Burbank which has been or which may be dedicated to City use, and which is determined by a majority of the Council to be unsuitable or impractical for continued City use, may be sold or leased, either in whole or in part, under such terms and conditions and such procedure as the Council may by ordinance prescribe; and the proceeds of such sale or lease shall be paid into the City Treasury. (Previous Section 59A; amended and renumbered by Charter Amendment approved by the voters on April 10, 2007.)