Email sent to the City.
To whom it may concern
Tuesday, January 26, 2010 5:13 PM
From: “H Dent”
To:firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org… more
I am requesting that this be read into the minutes of Council.
I am in opposition to any further funding of the Chamber of Commerce building that was awarded to them by the City of Twentynine Palms Council. It is also requested that all construction stop until the legality of the matter be resolved.
Under the California Municipal Law Chapter VII § 7.1.05 BIDDING.
(A) General Requirement. Competitive bidding for public works contracts for public projects over $5,000 is required for general law cities, Cal. Pub. Cont. Code § 20162, and redevelopment agencies, Cal. Pub. Cont. Code § 20688.2. A project may not be split into smaller portions to avoid the competitive bidding requirement. Cal. Pub. Cont. Code § 20163. If the public entity has elected to be subject to the uniform construction accounting procedures under Cal. Pub. Cont. Code §§ 22000 et seq., then certain less formal procedures may be available for contracts less than $100,000. Cal. Pub. Cont. Code § 22032. Note that although state general law bidding procedures do not bind charter cities where the subject matter of the bid constitutes a municipal affair, R & A Vending Services, Inc. v. City of Los Angeles, 172 Cal. App. 3d 1188, 218 Cal. Rptr. 667 (1985), the Public Contract Code applies to charter cities in the absence of an express exemption, a city charter provision, or ordinance that directly conflicts with the Public Contract Code. Cal. Pub. Cont. Code § 1100.7.
(B) Public Project. Public project is defined for bidding purposes as: (1) the erection, improvement, painting, or repair of public buildings and works; (2) work in streams, bays, etc.; (3) street or sewer work, except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. Cal. Pub. Cont. Code § 20161. Under certain circumstances, leases of city property may be considered public works contracts subject to bidding requirements. See Boydston v. Napa Sanitation District, 222 Cal. App. 3d 1362, 272 Cal. Rptr. 458 (1990).
(C) Exceptions to Competitive Bidding.
(1) Emergency. Contracts may be awarded without competitive bidding if the legislative body makes a finding by a four-fifths vote that an emergency exists. Cal. Pub. Cont. Code §§ 1102, 20168, 22050.
(2) Professional Services. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Cal. Gov’t Code § 4526. However, if the professional services are too closely akin to the work typically performed by public works construction contractors (for example, some services performed by construction managers), then competitive bidding may be required. City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court, 7 Cal. 3d 861, 103 Cal. Rptr. 689 (1972).
(3) Special Services. The legislative body of any public or municipal corporation may contract with and employ any persons for the furnishing to the corporation special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required. Cal. Gov’t Code § 53060. The test as to whether services are special services depends on the nature of the services, the necessary qualifications required of a person furnishing the services, and the availability of the service from public sources. California School Employees Association v. Sunnyvale Elementary School District, 36 Cal. App. 3d 46, 60, 111 Cal. Rptr. 433 (1973).
From the brief above the chamber NEVER met any of the requirements required.
It would stand to reason that what the City of Twentynine Palms Council did was illegal.
Citizen of Twentynine Palms