RESOLUTION NO. 2025-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING REVISIONS TO COUNCIL POLICY NO. 55,
SUBCONTRACTOR SUBSTITUTION ON PUBLIC WORKS CONTRACTS
WHEREAS, the Subletting and Subcontracting Fair Practices Act (Public Contract Code Sections 4100-4114), or Act, is designed to prevent bid shopping and bid peddling, though allows for subcontractor substitution in certain circumstances; and WHEREAS, the City Council of the City of Carlsbad, California, has determined that requests for substitution of a listed subcontractor with another subcontractor can be handled most expeditiously by designating a "duly authorized officer" in compliance with the Act; and WHEREAS, on Dec. 6, 1994, the City Council adopted Council Policy No. 55, appointing the City Engineer as its "duly authorized officer" for the purposes of consenting to substitutions of subcontractors; and
WHEREAS, staff prepared revisions to the policy consistent with the Act to expand the delegated authority to the City Engineer, or designee, and to include procedures for providing notice and scheduling hearings, as needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council accepts the revisions to Council Policy No. 55 provided in Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of February 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN :
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
~ KEITH BLACKBURN, Mayor
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~HERRY FREISINGER, City Clerk
{)--(SEAL)