Agenda packet — Livingston City Council, November 4, 2025 (part 2 of 2)

RESOLUTION NO. 2025-

A RESOLUTION OF THE LIVINGSTON CITY COUNCIL ELECTING TO

SUBJECT THE CITY TO THE CALIFORNIA UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT PURSUANT TO PUBLIC
CONTRACT CODE § 22030
WHEREAS, under Public Contract Code § 20160 et seq., cities must competitively bid all “public projects” (as defined in Public Contract Code § 20162) in excess of $5,000 in accordance with specified state law requirements;
WHEREAS, Public Contract Code § 22000 et seq. (the Uniform Public Construction Cost Accounting Act; hereinafter, “UPCCAA”), establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies; WHEREAS, the California Uniform Construction Cost Accounting Commission (the “Commission”) has developed uniform public construction cost accounting procedures cities’ implementation in the performance of, or in the contracting for, public project construction; WHEREAS, Under Public Contract Code § 22030, any city that wishes to avail itself of the alternative procedures for public project bidding and contracting to adopt a resolution to become subject to UPCCAA’s procedures and notify the State Controller of such election; and WHEREAS, through adoption of this Resolution, the City Council seeks to subject the City to UPCCAA’s procedures.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

Section 1. Approval. Pursuant to Public Contract Code § 22030, the City of Livingston elects to become subject to UPCCAA’s procedures and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended.

Section 2. Notification to State Controller. The Public Works Director, or designee, is directed to deliver a copy of this Resolution to the State Controller to give notification of this UPCCAA election.

Section 3. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

Section 4. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

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Page 2 of 2 ends

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of November 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Barraza Tran, City Attorney
of the City of Livingston
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ORDINANCE NO.

AN ORDINANCE OF THE LIVINGSTON CITY COUNCIL ADDING A
NEW CHAPTER 1-21 TO THE LIVINGSTON MUNICIPAL CODE TO

IMPLEMENT THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION

COST ACCOUNTING ACT
WHEREAS, the California Uniform Public Construction Cost Accounting Act (“UPCCAA”; Public Contract Code §§ 22000 et seq.) establishes uniform procedures for public project bidding and delivery, intended to maximize efficiency and cost savings for local agencies.

WHEREAS, the City Council finds that the adoption and implementation of UPCCAA procedures will allow the City to more efficiently perform public works and maintenance projects, minimize unnecessary delays, and better safeguard the City’s infrastructure.

WHEREAS, streamlined local procedures in accordance with UPCCAA are necessary to meet the City’s ongoing and urgent needs for repair, maintenance, and construction of public facilities and services.

WHEREAS, the City Council desires to adopt new Livingston Municipal Code (“LMC”) Chapter 1-21 to establish UPCCAA procedures in compliance with state law.

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance by reference.

Section 2. Amendment. A new Chapter 1-21 is added to the LMC to read as follows:
“Chapter 21: Public Works Contracting Procedures under the Uniform Public Construction Cost Accounting Act
§ 1-21-1 ADOPTION AND PURPOSE.

This chapter adopts and implements the California Uniform Public Construction Cost Accounting Act (“UPCCAA”; Public Contract Code §§ 22000 et seq.), as amended from time to time. The City elects to become subject to and utilize the uniform construction cost accounting procedures for all public projects and, to the extent authorized by UPCCAA, for maintenance work. § 1-21-2 DEFINITIONS.

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§ 1-21-4 PROJECT DELIVERY METHODS, FORCE ACCOUNT LIMITS, AND BIDDING THRESHOLDS.
(A) No competitive bidding required. Public projects of up to the maximum threshold set by Public Contract Code § 22032(a), as amended, may be performed by city employees by force account, or by negotiated contract or purchase order, without competitive bidding. (B) Informal bidding. Public projects exceeding the threshold in Public Contract Code § 22032(a), but not exceeding the limit in Public Contract Code § 22032(b), may be let to contract by informal bidding as provided in Public Contract Code § 22034 et seq. A notice inviting informal bids must be circulated using one or both of the following alternatives:

1. Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Public Contract Code § 22034(a).

2. Notices inviting informal bids may be mailed 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: f the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(C) Formal bidding. Public projects exceeding the limit in Public Contract Code § 22032(b) must be awarded using formal bidding procedures as specified in Public Contract Code § 22032(c), with public notice and sealed bids, consistent with UPCCAA and this chapter. § 1-21-5 CHANGE ORDERS.

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§ 1-21-8 BID PROTEST PROCEDURES.
(A) Right to Protest. Any bidder or contractor who claims to be aggrieved in connection with the solicitation, evaluation, or award of a contract subject to this chapter may protest the matter as set forth below.
(B) Filing Deadline. All protests must be submitted to the City in writing no later than five business days after the City’s issuance of notice of intent to award or bid results. The protest must set forth the specific grounds, supporting facts, and requested remedy. (C) Content of Protest. The written protest must include:

1. The name and address of the protestor;

2. The title and/or number of the solicitation;

3. A detailed statement of the factual and legal grounds for the protest, including copies of relevant documents and evidence;

4. The specific ruling or relief requested.
(D) Stay of Award. If the protest is timely and presents substantial issues, the award of the contract will be stayed until the protest is resolved, unless the City determines that proceeding with award is necessary for the protection of the City’s interests. (E) Response and Review. The City Manager or designee will review the protest, may request and review responses from relevant staff and other interested parties, and may request a meeting with the protestor to clarify issues.
(F) Decision. The City Manager or designee must issue a written decision on the protest, stating the reasons for the action taken. The decision will be final and binding. (G) Non-Exclusive Remedy. The procedures herein are not intended to limit the remedies otherwise available to the City under applicable law or contract. § 1-21-9 REQUIRED BONDS AND INSURANCE.
(A) For all public works contracts awarded pursuant to this chapter through informal or formal bidding, the contractor must furnish both a payment bond and a performance bond in amounts not less than required by applicable law (including Civil Code § 9550 and Public Contract Code § 20129, as may be amended).
(B) The contractor must procure and maintain such insurance (including workers’ compensation, general liability, and automobile liability, as applicable) as specified in City administrative regulations and/or bid documents for the duration of the contract. (C) The City Manager or designee may require additional bonds or insurance coverage as deemed necessary and as set forth in bidding or contract documents. (D) The required forms and documentation must be provided prior to execution of the contract and commencement of work.
§ 1-21-10 SUPPLEMENTAL ADMINISTRATIVE PROCEDURES; EXECUTION.

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(A) The City Manager may develop and maintain supplemental administrative regulations, procedures, and forms to implement and maintain compliance with this chapter and UPCCAA.
(B) The City Manager is authorized to execute all contracts, purchase orders, or other necessary documentation for procurement related to projects under § 1-21-4(A) or contracts let and awarded by the City Council under § 1-21-4(B) or § 1-21-4(C). § 1-21-11 EMERGENCIES.

In cases of emergency, as defined by Public Contract Code § 22035 and § 22050, the City may proceed without adopting plans, specifications, or giving notice for bids, provided the action is subsequently ratified as required by law.
§ 1-21-12 AMENDMENTS.

Any amendments to UPCCAA or implementing regulations will be deemed incorporated into this chapter upon their effective date.”
Section 3. Notification to State Controller. The Public Works Director, or designee, is directed to deliver a copy of this Ordinance to the State Controller to give notification of this UPCCAA election.

Section 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

Section 5. Enforceability. Repeal of any provision of the Livingston Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

Section 6. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

Section 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.

Section 8. Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other city ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other the city ordinance to remain in full force and effect for all purposes.

Section 9. Environmental Assessment. The City Council finds that the adoption of this ordinance establishing procedures for public project contracting under the California Uniform Public Construction Cost Accounting Act constitutes an administrative activity and is not a project subject to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), pursuant to CEQA Guidelines § 15378(b)(2), (4). The adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not subject to further environmental review under CEQA.

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Section 10. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

Section 11. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced:

Passed and Adopted:
________________________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:

State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 4TH day of November 2025, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ____ day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM:
______________________________
Marc Barraza Tran, City Attorney
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URGENCY ORDINANCE NO.

AN URGENCY ORDINANCE OF THE LIVINGSTON CITY COUNCIL
ADDING A NEW CHAPTER 1-21 TO THE LIVINGSTON MUNICIPAL

CODE TO IMPLEMENT THE CALIFORNIA UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, the California Uniform Public Construction Cost Accounting Act (“UPCCAA”; Public Contract Code §§ 22000 et seq.) establishes uniform procedures for public project bidding and delivery, intended to maximize efficiency and cost savings for local agencies; WHEREAS, the City Council finds that the adoption and implementation of UPCCAA procedures will allow the City to more efficiently perform public works and maintenance projects, minimize unnecessary delays, and better safeguard the City’s infrastructure; WHEREAS, streamlined local procedures in accordance with UPCCAA are necessary to meet the City’s ongoing and urgent needs for repair, maintenance, and construction of public facilities and services;
WHEREAS, the City Council desires to adopt new Livingston Municipal Code (“LMC”) Chapter 1-21 to establish UPCCAA procedures in compliance with state law; WHEREAS, the City must promptly and efficiently deliver critical public works projects necessary to support essential local services and infrastructure, which are indispensable to the immediate health and safety of the community;
WHEREAS, delays associated with existing public bidding procedures (which require formal bidding at very low monetary thresholds) are creating an imminent threat to the public welfare by preventing timely repair and construction of city facilities, streets, utilities, and other public infrastructure; WHEREAS, circumstances requiring rapid response, e.g., urgent repairs or replacements of public assets resulting from storm damage, unforeseen failures, or other exigencies, demand immediate implementation of UPCCAA’s streamlined procedures to avoid public health and safety hazards; and WHEREAS, because of the findings set forth above, the City Council finds that this ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare in accordance with Government Code §§ 36934 and 36937(b).

THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:

Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Urgency Ordinance by reference.

This chapter adopts and implements the California Uniform Public Construction Cost Accounting Act (“UPCCAA”; Public Contract Code §§ 22000 et seq.), as amended from time to time. The City elects to become subject to and utilize the uniform construction cost accounting procedures for all public projects Item 7.1
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and, to the extent authorized by UPCCAA, for maintenance work. § 1-21-2 DEFINITIONS.

The definitions contained in Public Contract Code § 22002 and those promulgated by the California Uniform Construction Cost Accounting Commission will apply to this chapter. § 1-21-3 AUTHORITY AND RESPONSIBILITIES.
(A) The City Manager, or designee, will administer all bidding and contract award procedures under this chapter, consistent with UPCCAA.
(B) All bidding, contract award, and accounting must comply with UPCCAA, the California Uniform Construction Cost Accounting Commission’s Cost Accounting policies and procedures manual, and all applicable City regulations. § 1-21-4 PROJECT DELIVERY METHODS, FORCE ACCOUNT LIMITS, AND BIDDING THRESHOLDS.
(A) No competitive bidding required. Public projects of up to the maximum threshold set by Public Contract Code § 22032(a), as amended, may be performed by city employees by force account, or by negotiated contract or purchase order, without competitive bidding. (B) Informal bidding. Public projects exceeding the threshold in Public Contract Code § 22032(a), but not exceeding the limit in Public Contract Code § 22032(b), may be let to contract by informal bidding as provided in Public Contract Code § 22034 et seq. A notice inviting informal bids must be circulated using one or both of the following alternatives:

The City Council may delegate authority for approval of contract change orders by resolution, minute order adopted at a regular meeting, or as provided in the contract approved by the Council. Any change order exceeding such authorization limits must be approved by the City Council by resolution, minute order, or as otherwise provided by applicable City regulations. § 1-21-6 AWARD AND REJECTION OF BIDS (INFORMAL AND FORMAL BIDDING ONLY). (A) For projects subject to the informal or formal bidding requirements of Public Contract Code Item 7.1
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§§ 22032(b) and 22032(c), contracts must be awarded to the lowest responsive, responsible bidder, pursuant to UPCCAA procedures.
(B) The City Manager or designee may reject any or all bids and waive minor irregularities or informalities, in accordance with law.
§ 1-21-7 CONTRACTOR DISQUALIFICATION AND SUSPENSION.
(A) Contractors may be disqualified, temporarily suspended, or removed from the qualified contractor list or barred from bidding pursuant to procedures established by administrative regulation, which may include but are not limited to: failure to perform satisfactorily on previous contracts, violations of bidding procedures or laws, fraud, or other grounds permitted by law.
(B) Notice and an opportunity to be heard must be provided before any suspension or removal in non-emergency circumstances.
§ 1-21-8 BID PROTEST PROCEDURES.
(A) Right to Protest. Any bidder or contractor who claims to be aggrieved in connection with the solicitation, evaluation, or award of a contract subject to this chapter may protest the matter as set forth below.
(B) Filing Deadline. All protests must be submitted to the City in writing no later than five business days after the City’s issuance of notice of intent to award or bid results. The protest must set forth the specific grounds, supporting facts, and requested remedy. (C) Content of Protest. The written protest must include:

1. The name and address of the protestor;

2. The title and/or number of the solicitation;

3. A detailed statement of the factual and legal grounds for the protest, including copies of relevant documents and evidence;

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(A) For all public works contracts awarded pursuant to this chapter through informal or formal bidding, the contractor must furnish both a payment bond and a performance bond in amounts not less than required by applicable law (including Civil Code § 9550 and Public Contract Code § 20129, as may be amended).
(B) The contractor must procure and maintain such insurance (including workers’ compensation, general liability, and automobile liability, as applicable) as specified in City administrative regulations and/or bid documents for the duration of the contract. (C) The City Manager or designee may require additional bonds or insurance coverage as deemed necessary and as set forth in bidding or contract documents. (D) The required forms and documentation must be provided prior to execution of the contract and commencement of work.
§ 1-21-10 SUPPLEMENTAL ADMINISTRATIVE PROCEDURES; EXECUTION. (A) The City Manager may develop and maintain supplemental administrative regulations, procedures, and forms to implement and maintain compliance with this chapter and UPCCAA.
(B) The City Manager is authorized to execute all contracts, purchase orders, or other necessary documentation for procurement related to projects under § 1-21-4(A) or contracts let and awarded by the City Council under § 1-21-4(B) or § 1-21-4(C). § 1-21-11 EMERGENCIES.

Any amendments to UPCCAA or implementing regulations will be deemed incorporated into this chapter upon their effective date.”
Section 3. Notification to State Controller. The Public Works Director, or designee, is directed to deliver a copy of this Urgency Ordinance to the State Controller to give notification of this UPCCAA election.

Section 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Urgency Ordinance. It is the City Council’s intent that the provisions of this Urgency Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

Section 5. Enforceability. Repeal of any provision of the Livingston Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Urgency Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

Section 6. Electronic Signatures. This Urgency Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

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Section 7. Severability. If any part of this Urgency Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Urgency Ordinance are severable.

Section 8. Recordation; Validity of Previous Code Sections. If this entire Urgency Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the LMC or other city ordinance by this Urgency Ordinance will be rendered void and cause such previous LMC provision or other the city ordinance to remain in full force and effect for all purposes.

Section 10. Publication. The City Clerk is directed to certify the passage and adoption of this Urgency Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Urgency Ordinance, cause it to be published or posted in accordance with California law.

Section 11. Effective Date. Based on the findings set forth above, this Urgency Ordinance is adopted by a four-fifths vote for the immediate preservation of the public peace, health, safety and welfare and becomes effective immediately pursuant to Government Code § 36937(b).

Introduced:

Passed and Adopted:
________________________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:

State of California )
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County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 4th day of November 2025, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ___ day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

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PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) CHAPTER 2. Bidding on Public Contracts [22000 - 22045] ( Chapter 2 added by Stats. 1983, Ch. 1054, Sec. 1. ) ARTICLE 3. Public Projects: Alternative Procedure [22030 - 22045] ( Article 3 added by Stats. 1983, Ch. 1054, Sec. 1. ) (a) This article applies only to a public agency whose governing board has by resolution elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010) and which has notified the Controller of that election. In the event of a conflict with any other provision of law relative to bidding procedures, this article shall apply to any public agency which has adopted a resolution and so notified the Controller.
(b) A county, whether general law or charter, containing a population of less than 500,000 may award individual annual contracts as provided in Section 20128.5.
(Amended by Stats. 2015, Ch. 269, Sec. 28. (SB 184) Effective January 1, 2016.) (a) Prior to January 1, 2013, this article shall not prohibit a board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth in this article, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1. (b) On or after January 1, 2013, this article shall not prohibit a board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth in this article, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1 for both of the following:
(1) Maintenance and emergency work.
(2) New road construction and road reconstruction as long as the total value of the new road construction and the road reconstruction performed under the procedures set forth in subdivision (c) of Section 20395 during a fiscal year does not exceed 30 percent of the total value of all work performed by force account other than maintenance as reported in the Controller’s Streets and Roads Annual Report as of March 1 of each year prior to the fiscal year.
(c) The value of force account work necessary to facilitate capital projects for the purpose of contracting to the private sector, including design, engineering, inspection, testing, and other force account work necessary to administer private contracts, shall be excluded from the 30-percent limit in subdivision (b). (d) The value of force account work necessary to facilitate projects performed by county employees, including design, engineering, inspection, testing, and other force account work necessary to administer work performed under subdivision (b), shall apply to the 30-percent limit in subdivision (b). (e) On or after January 1, 2013, for a county with a population of less than 50,000, this article shall not prohibit a board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth in this article, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1. (f) The requirements set forth in Section 22038 shall apply to any county subject to this section. (g) Any county board of supervisors or county road commissioner acting pursuant to the authority granted in paragraph (2) of subdivision (b) shall publicly declare its intention to use this authority prior to commencing work.

The public declaration may be on a project-by-project basis, via a list of anticipated projects for the fiscal year, or via a list that may be included in the county’s annual budget. (Amended by Stats. 2014, Ch. 345, Sec. 3. (AB 2752) Effective January 1, 2015.) Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 10/16/25, 2:54 PM Codes Display Text
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22032.
22033.
22034.
22035.
22035.5.
22036.
(a) Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (b) Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal procedures as set forth in this article.
(c) Public projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure. (Amended by Stats. 2024, Ch. 953, Sec. 2. (AB 2192) Effective January 1, 2025.) It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. (Added by renumbering Section 21203 (as added by Stats. 1983, Ch. 1054) by Stats. 1986, Ch. 1019, Sec. 54.) Each public agency that elects to become subject to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following:
(a) Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both. (1) The public agency shall maintain a list of qualified contractors, identified according to categories of work.

Minimum criteria for development and maintenance of the contractors list shall be determined by the commission.

All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due. (2) The public agency may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036.
(b) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (c) The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person. (d) If all bids received are in excess of two hundred twenty thousand dollars ($220,000), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
(Amended by Stats. 2024, Ch. 953, Sec. 3. (AB 2192) Effective January 1, 2025.) (a) In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two.
(b) In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with Chapter 2.5 (commencing with Section 22050).
(Repealed and added by Stats. 1994, Ch. 803, Sec. 87. Effective January 1, 1995.) In counties that are under court order to relieve justice facility overcrowding, the procedures and restrictions specified in Section 20134 shall apply to all contracts issued under this chapter. (Added by Stats. 1991, Ch. 993, Sec. 1.)
The commission shall determine, on a county-by-county basis, the appropriate construction trade journals which shall receive mailed, faxed, or emailed notice of all informal and formal construction contracts being bid for work within the specified county.
(Amended by Stats. 2015, Ch. 269, Sec. 30. (SB 184) Effective January 1, 2016.) 10/16/25, 2:54 PM Codes Display Text
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22037.
22038.
22039.
22040.
22041.
22042.

Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or, if there is no newspaper printed and published within the jurisdiction of the public agency, in a newspaper of general circulation which is circulated within the jurisdiction of the public agency, or, if there is no newspaper which is circulated within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its notices. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper. (Amended by Stats. 2010, Ch. 62, Sec. 1. (AB 2184) Effective January 1, 2011.) (a) In its discretion, the public agency may reject any bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the agency’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the agency intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the public agency shall have the option of either of the following:
(1) Abandoning the project or readvertising for bids in the manner described by this article. (2) By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency, may have the project done by force account without further complying with this article.
(b) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it chooses. (c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract without further complying with this article. (Amended by Stats. 2003, Ch. 296, Sec. 29. Effective January 1, 2004.) The governing body of the participating public agency or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subdivision (c) of Section 22032.
(Amended by Stats. 2024, Ch. 953, Sec. 4. (AB 2192) Effective January 1, 2025.) Any person may examine the plans, specifications, or working details, or all of these, adopted by the public agency for any project.
(Added by renumbering Section 21210 (as added by Stats. 1983, Ch. 1054) by Stats. 1986, Ch. 1019, Sec. 62.) This article does not apply to the construction of any public building used for facilities of juvenile forestry camps or juvenile homes, ranches, or camps established under Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, if a major portion of the construction work is to be performed by wards of the juvenile court assigned to those camps, ranches, or homes. (Added by renumbering Section 21211 (as added by Stats. 1983, Ch. 1054) by Stats. 1986, Ch. 1019, Sec. 63.) The commission shall review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls within any of the following categories:
(a) Is to be performed by a public agency after rejection of all bids, claiming work can be done less expensively by the public agency.
(b) Exceeded the force account limits set forth in subdivision (a) of Section 22032. (c) Has been improperly classified as maintenance.
(d) Has been split or separated into smaller work orders or projects, in violation of Section 22033. 10/16/25, 2:54 PM Codes Display Text
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22042.5.
22043.
22044.
22044.5.
22045.
(e) Has exceeded the limits or otherwise not met the requirements set forth in subdivisions (b) and (c) of Section 22032.
(Amended by Stats. 2024, Ch. 953, Sec. 5. (AB 2192) Effective January 1, 2025.) The commission shall review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with Section 22034 or 22037. (Amended by Stats. 2024, Ch. 953, Sec. 6. (AB 2192) Effective January 1, 2025.) (a) In those circumstances set forth in subdivision (a) of Section 22042, a request for commission review shall be in writing, sent by certified or registered mail received by the commission postmarked not later than eight business days from the date the public agency has rejected all bids. (b) In those circumstances set forth in subdivision (b), (c), (d), or (e) of Section 22042, a request for commission review shall be by letter received by the commission not later than eight days from the date an interested party formally complains to the public agency.
(c) The commission review shall commence immediately and conclude within the following number of days from the receipt of the request for commission review:
(1) Forty-five days for a review that falls within subdivision (a) of Section 22042. (2) Ninety days for a review that falls within subdivision (b), (c), (d), or (e) of Section 22042. (d) During the review of a project that falls within subdivision (a) of Section 22042, the agency shall not proceed on the project until a final decision is received by the commission. (e) A request for commission review pursuant to Section 22042.5 shall be in writing, sent by certified or registered mail, and received by the commission no later than eight days from the day an interested party formally complains to the public agency. The commission review shall commence immediately and conclude within 90 days from the receipt of the request for commission review.
(Amended by Stats. 2024, Ch. 953, Sec. 7. (AB 2192) Effective January 1, 2025.) The commission shall prepare written findings, which shall be presented to the public agency within 30 calendar days of formal commission review. Should the commission find that the provisions of this chapter or of the uniform cost accounting procedures provided for in this chapter were not complied with by the public agency, the following steps shall be implemented by that agency:
(a) On those projects set forth in subdivision (a) of Section 22042, the public agency has the option of either (1) abandoning the project, or (2) awarding the project to the lowest responsible bidder. (b) On those projects set forth in subdivision (b), (c), (d), or (e) of Section 22042, the public agency shall present the commission’s findings to its governing body within 30 calendar days of receipt of written notice of the findings and that governing body shall conduct a public hearing with regard to the commission’s findings within 60 calendar days of receipt of the findings.
(c) (1) On findings of noncompliance pursuant to Section 22042.5, the public agency shall notify its governing body of the commission’s findings within 60 calendar days of receipt of written notice of the findings from the commission.
(2) The public agency shall notify the commission in writing, within 90 days of receipt of written notice of the findings, of the public agency’s best efforts to comply. (Amended by Stats. 2024, Ch. 953, Sec. 8. (AB 2192) Effective January 1, 2025.) If the commission makes a finding, in accordance with Section 22043, on three separate occasions within a 10-year period, that the work undertaken by a public agency falls within any of the categories described in Section 22042, the commission shall notify the public agency of that finding in writing by certified mail and the public agency shall not use the bidding procedures provided by this article for five years from the date of the commission’s findings.
(Added by Stats. 2006, Ch. 192, Sec. 1. Effective January 1, 2007.) (a) No later than January 1, 1985, the commission shall recommend, for adoption by the Controller, written procedures implementing the accounting procedures review provided for in this article. 10/16/25, 2:54 PM Codes Display Text
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(b) The Controller shall, upon receipt of the commission’s recommendation, review and evaluate the recommended procedures and either formally adopt or reject the recommended procedures within 90 days of submission of the commission.
(Added by renumbering Section 21215 by Stats. 1986, Ch. 1019, Sec. 67.) 10/16/25, 2:54 PM Codes Display Text
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CALIFORNIA UNIFORM PUBLIC CONSTRUCTION

COST ACCOUNTING ACT
FREQUENTLY ASKED QUESTIONS (FAQs)
These FAQs have been compiled to assist agencies that are participating in the California Uniform Public Construction Cost Accounting Act (the Act), as contained in Public Contract Code (PCC) Section 22000, et seq. All references are to PCC, unless otherwise stated.

1. What is the Uniform Public Construction Cost Accounting Act? The Act is legislation that was enacted in 1983 to help promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state” (Section 22001). The Act is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have “opted in” to the provisions set forth by the Act using the processes outlined in the Act. The entirety of the Act is found at Sections 22000-22045.

2. What are some of the key provisions of the Act?
The Act allows for public project work in the amount of $75,000 or less to be performed by a public agency’s force account using the public agency’s own resources, or by negotiated contract, or by purchase order (Section 22032(a)). Public projects in the amount of $220,000 or less may use the informal or formal bidding procedures set forth in Section 22032(b), or (c) of the Act. Public projects at a cost of more than $220,000 must use formal bidding procedures to let the contract pursuant PCC Section 22032(c), except as otherwise provided by statute.

3. What are the benefits of the program?
• Increased force account limit for public agencies;
• Simplified bidding for projects that are $220,000 or less; • Reduced number of formal bids based on project size; and • Expedited contracting for projects under $220,000.

Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a certain dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $220,000; and simplified administration for those projects. Few agencies have experienced challenges with the accounting requirements and overhead provisions. Moreover, adjustments, when required, have been relatively simple; most required procedures were already in place, so there were few, if any, major changes to existing operations. The current Standard Accounting Codes Structure satisfies reporting requirements when used properly.

4. Is the Uniform Public Construction Cost Accounting Act mandatory for public agencies? No. The Act is a voluntary program requiring a public agency to “opt in” using the process outlined in the Act.

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5. How does a public agency become subject to the Act?
The governing body must elect by resolution to become subject to the Act and must file a copy of the approved resolution with the State Controller’s Office (Section 22030). Sample documents are available at: http://www.sco.ca.gov/ard_cuccac.html. Once an agency has opted into the Act, it will remain a part of the program.

6. May a public agency withdraw from the Act?
Yes. An agency may withdraw from the Act by filing with the State Controller’s Office an approved resolution of the agency’s election to withdraw that was made during a public meeting of the agency’s governing body.

7. Must a participating agency “opt in” to the Act annually? No. Once a participating agency “opts in” to the Act, the agency remains subject to the Act until it “opts out” of the Act.

8. What is the California Uniform Construction Cost Accounting Commission? The Commission was created to administer the Act, per Section 22010. It consists of 14 members: 13 members appointed by the State Controller and the License “A” member of the Contractors’ State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission.

9. What are the Uniform Public Construction Cost Accounting Procedures? These procedures are to be used for tracking costs for work performed by an Agency’s own forces on a “project” as defined by the Act (Section 22002(c)). The procedures do not apply to operations or maintenance work, or any work that meets the criteria listed in Section 22002(d).

These procedures are intended to capture and record all direct and indirect labor, materials, equipment, subcontractors, and supervision costs, as well as the appropriate overhead costs for the public agency associated with each “project” it performs with its own forces. The procedures follow industry-standard accounting methods, and in many cases are not much different from those already in place at most agencies. Sample forms are available in the CUCCAC Cost Accounting Policies and Procedures Manual at http://www.sco.ca.gov/Files-ARD-Local/CUCCAC_Manual.pdf School districts may use the Standard Accounting Code Structure to comply with tracking requirements.

10. Are the cost accounting procedures applicable for agencies whose work forces perform only maintenance tasks as defined in the Act and that contract all of their public projects to third parties?
No. The cost accounting procedures are applicable only for agencies that perform public project work such as construction and alteration by force account or otherwise. As maintenance does not constitute a “project” under the Act, the cost accounting procedures do not apply.

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11. When are participating agencies required to advertise if they choose to maintain a list of qualified contractors?
At least once per calendar year, each Public Agency that has elected to become subject to the Act and intends to use the notice provisions outlined in Section 22034(a) must establish a new list or update its existing list of qualified contractors by mailing, faxing, or emailing written notice to all construction trade journals designated for that Agency under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the Agency for inclusion on the Agency’s list of qualified bidders for the following twelve (12) months. Effective January 1, 2016, a participating agency can choose a specific date of their choice in which to renew its list of qualified contractors.

12. May an agency that chooses to maintain a list add a contractor to the list at any time during the year?
Yes.

13. What is meant by the term “qualified contractors” as used in section 22034(a)(1) of the Act?
Qualified contractors are contractors licensed by the State to perform the subject work.

The Commission has determined that nothing in the Act prohibits a participating agency from using additional objective pre-qualification standards in the formation and maintenance of their Qualified Contractors Lists if they so desire.

14. How can a contractor get on an agency’s list of contractors? The California Uniform Public Construction Cost Accounting Commission’s webpage has a list of agencies that are participating in the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Please contact each agency directly to let them know you would like to be on their list of contractors. For a list of participating agencies, please see the “Participating Agency Lists” header at the following link:
https://www.sco.ca.gov/ard_cuccac.html
More detailed instructions for contractors can be found in Section 1.04.01 of the Cost Accounting Policies and Procedures Manual

15. Can a public agency disqualify or exclude certain contractors from the Qualified Contractors List required in Section 22034(a)(1)?
Agencies may disqualify contractors from Qualified Contractors Lists when the contractors fail to furnish information to meet the minimum criteria as established by the Commission.

16. For agencies that do not maintain an informal bidders list, are they allowed to choose who would get notifications of projects?
No. Section 22034(a)(2) provides for notifications to construction trade journals and exchanges in lieu of sending notifications to contractors on an informal bidders list. An agency may send notices to selected contractors provided it has also met the advertisement requirements of Section 22034(a).

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17. What is the difference between “qualifying contractors” under the Act and “prequalification of contractors” by school districts under Section 20101? Qualifying contractors is a process that allows contractors to register with a public agency for notification of public works opportunities. The prequalification process under Section 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractors using standard scoring criteria. The prequalification process is applicable under the Local Agency Public Construction Act, and does not apply to the Uniform Public Construction Cost Accounting Act.

18. Does a contractor have to be on an agency’s contactor list in order to perform projects less than $75,000?
No, any public project less than the $75,000 informal bidding threshold can be performed by employees of the public agency, by negotiated contract, or by purchase order. An agency’s list of contractors is only required to be alerted of projects that surpass the informal bidding threshold.

19. Must a public agency a) notify contractors about public projects if the contractors are believed to not have the skills, credentials, or experience to perform the work required for the public project; and b) consider bids submitted by contractors that the public agency believes do not have the skills, credentials, or experience to perform the work? a) Yes. If a contractor is on the Qualified Contractors List, the contractor must be notified by the agency of public projects for which he or she is licensed to perform (Section 22034(a)(1)).
b) All bids received must be considered, unless an agency makes appropriate legal findings that a contractor is not legally responsible or his or her bid is not responsive.

20. Does the Act allow flexibility in cases of emergency and when repair or replacements are necessary to permit the continued conduct of a public agency’s operations or services? Yes. For the purposes of the Public Contract Code, an “emergency” is defined at Section 1102 as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.”
The Act sets forth in Section 22035(a) how a governing body should proceed in case of emergency repairs or replacements. This section states:

In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. Section 22050 et seq., provides the emergency contract procedures to be followed in these cases.

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21. Do the alternative bidding procedures apply only to public projects as defined in Section 22002(c)?
The alternative bidding procedures apply only to work that constitutes a “public project” as defined in Section 22002(c) and has a construction cost within the limits described in Section 22032. The alternative bidding procedures are not required for the purchase of goods or materials that are not part of a “public project.” However, as outlined in Section 22003, a participating agency may also use the alternative bidding procedures when contracting for maintenance or other work that does not fall within the definition of a “public project” if it so chooses.

22. What will membership in the Act cost my agency?
Nothing. There are no membership fees or dues. However, the Commission does accept grants to assist it in carrying out its duties (Section 22015(c)).

23. What are the most common concerns addressed by the Act? These are:
• Cost accounting policies and procedures;
• Informal bidding procedures; and
• Accounting procedures review.

Cost accounting requirements for the Act follow those common to the construction industry. The informal bidding on public projects up to $220,000 is seen by agencies as an effective tool to expedite completion of small projects. While an accounting procedures review could potentially hold up a project for a minimum of 45 days pursuant to Section 22043(c)(1), these types of reviews have been rare in the Commission’s history.

24. Must an agency calculate an overhead rate to apply the accounting procedures? No. Cities with populations of less than 75,000 must assume an overhead rate equal to 20% of the total costs of the public project, including the costs of material, equipment, and labor (Section 22017(b)(1)). Cities with a population of more than 75,000 may either calculate an actual overhead rate or assume an overhead rate of 30% of the total costs of a public project including the costs of materials, equipment, and labor (Section 22017(b)(2)).

25. When a public entity opts into the Act, does the Act supersede other contracting legal requirements such as statutory requirements for performance bonds, prevailing wages, and certificates of insurance, etc.?
No. The Act supersedes only the bidding procedures used once a public agency has opted into the Act and has notified the Controller. All other contracting requirements of the PCC remain applicable.

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26. Can a public agency claim to be to be exempt from following all of the requirements in Public Contract Code by claiming it only has to follow the language and procedures within the Act?
No. The Act is part of the Public Contract Code; therefore, if the Act is silent on a particular matter, then the Public Contract Code applies on that matter.

27. If public agencies are not following the advertising requirements in the Act, will the Commission address those agencies? Can a complaint be brought to the Commission? Yes. Recent legislative changes have expanded the Commission’s authority to enforce provisions of the Act. The Commission may review complaints filed by interested parties when evidence is provided that:
• The participating agency performed work after rejecting all bids, claiming it could do the work less expensively (Section 22042(a)).
• The work performed exceeded the force account limits (Section 22032(a)). • The work was improperly classified as maintenance (Section 22042(c)). • The work has been split or separated into smaller work orders or projects (Section 22033).
• The work has exceeded the limits or otherwise not met the requirements set forth (Section 22032(b) and (c)).
• A public agency did not comply with the informal bidding procedures set forth at Section 22034 (Section 22042.5).

28. Section 20112 specifically requires school districts to advertise twice for a two-week period, while Section 22037 requires advertising once, 14 days in advance of the date of opening of bids. How do participating school districts reconcile this conflict? When the Act is in conflict with any other section in the Public Contract Code, the Act shall supersede. The Act requires advertising once, 14 days in advance of the date of opening of bids. Districts participating in the Act may choose to maximize their outreach by advertising twice.

29. May a public agency contract separately for like work at the same site at the same time using the under $75,000 Force Account method?
No. Section 22033 states:

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

Separating “like work” would be permitted only if the total of all the “like work” is less than $75,000. If the work is more than $75,000, it must be advertised and bid according to the provisions of the Act (i.e., bid informally if the total amount is less than $220,000; bid formally if the total amount exceeds $220,000).

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30. May a public agency bid out two separate projects that occur at the same time and site, but are different types of work?
Yes. There is no violation if the work is competitively bid. If an agency wishes to use the negotiated or informal bidding processes, it must apply the appropriate limits to each of the projects. Each project must be separate in scope. Projects may not be separated by trade to avoid bidding. If the total of all jobs is greater than $75,000 then the informal or formal bid limits apply.

31. May a public agency contract separately for like work performed at multiple sites at the same time using the under $75,000 limit?
Yes. A public agency may contract for like work at separate locations with unique addresses. If the cost of the work is more than $75,000 at any individual site, that work must be advertised and bid according to the provisions of the Act (i.e., bid informally, if the total amount is less than $220,000; bid formally, if the total amount exceeds $220,000).

32. Can an agency separately bid out for the materials and supplies on a project to avoid contractor markup and then bid out for the installation labor or perform installation with its own forces?
An agency may separately procure the materials and supplies for a project; however, all costs (materials, supplies, labor) of a project must be included in the project cost estimate to determine whether the project falls within the force account, informal bid, or formal bid thresholds.

In addition, if installation is performed by force account, an overhead rate must be applied to all direct costs of the project and included in the cost estimate. For example, if materials/supplies cost $50,000 to procure separately and the estimated labor cost to install is $25,000, the project could not be performed with force account, but would fall within the informal bid threshold because the total cost estimate is $75,000.

33. Must a value be assigned to the volunteer labor when the California Conservation Corps or another volunteer organization provides labor on a public project? No. Volunteer labor from volunteer organizations does not need to be included as a cost of a public project for bid limit purposes as long as no costs are associated with the volunteer labor.

34. By opting into the Act, does a public agency automatically bring all of its component divisions or departments into the Act?
Yes. When a public agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments are exempt.

35. When a public agency opts into the Act, does it automatically bring all districts under control of its governing Board into the Act?
No. Special Districts, which are governed by a board of supervisors or city council, are subject only if a separate election is made for each special district.

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36. PCC 22034 requires that participating agencies adopt an Informal Bidding Ordinance.

What do schools and special districts that cannot adopt Ordinances do to comply? Agencies that do not have the ability to adopt Ordinances should discuss Section 22034 compliance with their legal counsel.

37. Are change orders allowed by the Act, and if so what is allowable? What if a change order goes over one of the allowed thresholds?
The Act does not address change orders. Please consult with your agency’s legal counsel regarding any limitation on change orders that may apply to your agency.

38. Is there any training related to the Act? If so, where can I find a list of where the training is offered?
SCO has information regarding the Act on the SCO/CUCCAC website, including the current Cost Accounting and Procedures Manual. Often, commissioners are willing to provide training, answer questions, and/or give a presentation in order to assist agencies in getting the full benefits of participating in the Act.

39. The Act states that public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. However, the Department of Industrial Relations (DIR) states any project over $1,000 has to pay prevailing wages. How do the Act and DIR guidance work together?
The Act and DIR are completely separate and govern different aspects of public projects.

The Act focuses on bidding related to public projects and DIR deals with wages paid by contractors on public projects. However, they may relate in that if prevailing wages are not paid on a public project, that could potentially impact the total cost of a project which would require a different bidding process utilized under the Act.

Additional inquiries and questions may be directed by email to [email protected], or by regular mail to:

State Controller's Office
Local Government Programs and Services Division
Local Government Policy Section
P.O. Box 942850
Sacramento, CA 94250
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STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing The City Manager To Enter Into A 36 Month Contract With Flock Safety For Additional Automated License Plate Readers (ALPR) Not To Exceed $90,000 For The Contract - $30,000 For Fiscal Year 2025/2026, $30,000 For Fiscal Year 2026/2027, And $30,000 For Fiscal Year 2027/2028
MEETING DATE: November 4, 2025
PREPARED BY: John Ramirez, Interim Chief of Police
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Jose Antonio Ramirez, City Manager
RECOMMENDATION:

To approve a resolution (1) authorizing the City Manager to enter into a 36 month contract with flock safety for additional automated license plate readers (ALPR) not to exceed $90,000 for the contract - $30,000 for Fiscal Year 2025/2026, $30,000 for Fiscal Year 2026/2027, and $30,000 for Fiscal Year 2027/2028.

BACKGROUND AND DISCUSSION:

The Livingston Police Department wishes to add to our current use of technology, information, and intelligence gained from the use of automated license plate readers to combat criminal activity, enhance productivity, and improve officer safety. The automated license plate readers also provide traffic mitigation measures that could potentially have a drastic impact on current traffic issues within the City of Livingston.

The ALPR cameras are installed in fixed locations throughout the city and capture license plates from passing vehicles. Once the license plate is processed by the ALPR camera and sent to the cloud, Livingston Police Officers using the Flock Safety account (or the Department’s Dispatch Center) is notified within seconds whenever a license plate is read that is associated with the following criteria: stolen vehicle, identification of vehicles connected to wanted felons, Amber Alerts, or any other search criteria determined by the Department. This allows investigators to review captured suspect vehicle information to aid in the investigation. The police department has policies and training in place to keep the system from being misused by staff.

The cloud-based database is also searchable for certain descriptors if a full license plate is not known. The searchable descriptors include but, are not limited to vehicle make and model, such as “semi-truck”, color, and certain unique characteristics a vehicle may have.

Currently, the Department has eighteen ALPR Flock cameras. Flock Safety is the only manufacturer that has ALPR cameras that can communicate with our current digital evidence system, Axon – Evidence.com. There is a sole source letter attached to this staff report.

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The Department would like to lease 10 cameras in addition to the 18 active cameras, for a total of 28 cameras.

FISCAL IMPACT:

Flock only leases ALPR equipment and their pricing for the first year is $30,000 ($3,000 each for 10 cameras) The total cost for the first year of service is $30,000 with a recurring contract of $30,000 in subsequent years on a year-to-year basis for three years totaling $90,000. The firstyear funds have already been approved in the 2025/2026 Police Department fiscal budget (Account 1100-102-4440). Subsequent years will be budgeted for in the respective fiscal years.

On average, the City will pay $89,900.00 per fiscal year for all 28 cameras.

ATTACHMENTS:

1. Flock Safety Resolution

2. Sole Source Letter

3. Flock Safety Agreement
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RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING THE CITY MANAGER TO ENTER INTO A 36 MONTH CONTRACT WITH FLOCK SAFETY

FOR ADDITIONAL AUTOMATED LICENSE PLATE READERS (ALPR) NOT TO EXCEED $90,000 FOR THE CONTRACT $30,000 FOR FISCAL YEAR 2025/2026, $30,000 FOR FISCAL YEAR 2026/2027, AND $30,000 FOR FISCAL YEAR 2027/2028.

WHEREAS, the City of Livingston is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Livingston is required to provide public safety and police services to the community; and
WHEREAS, the Livingston Police Department would like to lease ten (10) additional Automated License Plate Reader cameras from FLOCK SAFETY not to exceed the amount of $30,000 for fiscal year 2025/2026, $30,000 for fiscal year 2026/2027, and $30,000 for fiscal year 2027/2028, used to increase public safety efforts with the City and continue to enhance investigative abilities; and
WHEREAS, the Livingston Police Department has been using FLOCK SAFETY Automated License Plate Readers for the past three years. The Livingston Police Department also has a current policy in place for the use of Automated License Plate Readers and the information that is collected.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston hereby;
Section 1 Authorizing the City Manager to enter into a 36-month contract with FLOCK SAFETY for ten additional automated license plate readers not to exceed $90,000 for the contract, $30,000 for fiscal year 2025/2026, $30,000 for fiscal year 2026/2027, and $30,000 for fiscal year 2027/2028.

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
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ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
of the City of Livingston
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Flock Safety + CA - Livingston PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Lupe Wood
[email protected]
8325998244
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ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - Livingston PD Initial Term: 36 Months
Legal Entity Name: CA - Livingston PD Renewal Term: 36 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 1446 C St Livingston, California 95334 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $30,000.00
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 10 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $0.00 10 $0.00 Subtotal Year 1: $30,000.00
Annual Recurring Subtotal: $30,000.00
Discounts: $6,500.00
Estimated Tax: $0.00
Contract Total: $90,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $30,000.00
Annual Recurring after Year 1 $30,000.00
Contract Total $90,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $6,500.00
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Product and Services Description
Flock Safety Platform Items Product Description
Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Livingston PD
By:
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By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

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1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
2025 Sole Source Letter for Flock Safety® Public Safety Solutions August 19, 2025
CA - Livingston PD
1446 C St.

Livingston, California, 95334
Dear John Ramirez,
This letter serves to confirm that Flock Group Inc. d/b/a Flock Safety is the sole provider of our proprietary public safety technology solution specifically designed for use by law enforcement, communities, and private entities to increase safety and reduce crime. Flock Safety’s unique system integrates hardware and cloud-based software to enable real-time data processing and secure data sharing capabilities that are unavailable through other providers.

As the sole developer and provider of this proprietary technology, Flock Safety retains exclusive rights to manufacture, license, and support the products and software we offer. Our solutions include cutting-edge features such as machine learning analytics, CJIS-compliant data storage, and a centralized system that facilitates collaboration across multiple jurisdictions, supporting a more robust and efficient public safety network. Specifically, Flock Safety provides the ability to access additional cameras from Flock customers, including:

Merced County SO, Atwater PD, Turlock PD, at no additional cost.

No other vendor offers the specific combination of hardware and cloud-based features, CJIScompliant data handling, or the national network capabilities that Flock Safety provides. For these reasons, Flock Safety is the only source available for these services.

Thank you,
Garrett Langley CEO, Flock Safety®
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1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Flock Safety® LPR Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of Flock Safety® LPR Camera, Flock Safety® Long-Range LPR, Flock Safety® Short-Range LPR, Flock Safety® Flex LPR Camera, Flock Safety® LPR Camera for Neighborhoods, and Flock Safety® LPR Video Integration.

Flock Safety® LPR Camera
• Fixed, infrastructure-free license plate recognition (“LPR”) cameras suitable for capturing two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
• Includes Flock Safety® solar LPR camera option (next-gen platform standard range), which may cover up to three (3) lanes of traffic simultaneously Flock Safety® Long-Range LPR
• Fixed, infrastructure-free long-range (“LR”) LPR, suitable for capturing three (3+) lanes of traffic simultaneously with a single camera from a vertical mass • Includes Flock Safety® solar LR LPR option (next-gen platform LR) Flock Safety® Short-Range LPR
• Fixed, infrastructure-free short-range (“SR”) LPR with solar power capability, suitable for wide angle capture (i.e., parking lots or garages)
Flock Safety® Flex LPR Camera
• Location-flexible, infrastructure-free self-installation LPR camera with solar power option
• Ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera • Ability to read up to 30,000 license plates and vehicle attributes on a single battery charge
Flock Safety® LPR Camera for Neighborhoods
• Infrastructure- and maintenance-free LPR for 24/7 neighborhood security Flock Safety® LPR Video Integration
• Integrates third-party LPR and video cameras into FlockOS® utilizing existing camera infrastructures
The Flock Safety® LPR cameras listed above are the only Law Enforcement Grade LPR cameras to offer the following combination of proprietary features:
• Vehicle Fingerprint Technology®
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set Item 8.1
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1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
up alerts based on vehicle description
o Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
• Integrated Cloud-Software & Hardware Platform
o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 65W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion trigger to start and stop recording without the need for a reflective plate
o Motion detection allows for unique vehicle cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o All images and metadata is encrypted throughout its entire lifecycle from ondevice to storage in Flock’s US-based CJIS-compliant cloud o Covert industrial design for minimizing visual pollution • Transparency & Ethical Product Design
o One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the customer’s policies, as well as automatically updates metrics from the Flock Safety® system
o Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to “opt-out” of being captured • Integrated Gunshot Detection
o Ability to pair with Flock Safety® gunshot detection device, which has natively integrated gunshot detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) • Live Video Integration
o Ability to apply computer vision to third-party cameras using the Flock Safety® LPR video integration, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety® LPR cameras
o Flock Safety® video integration livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents
o Manage various government intelligence including LPR, livestream cameras, computer-aided dispatch (“CAD”), automatic vehicle location (“AVL”) on Flock Safety® video integration suite
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• Situational Awareness
o FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including live streaming fixed and pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety® gunshot detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center
o Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
o FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its direction of travel, providing users with possible outcomes based on a confidence threshold
• Warranty & Service
o Lifetime maintenance and support included in subscription price o Flock Safety® is the only fully integrated LPR one-stop solution from production of the devices to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
• Partnerships
o Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies o Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
o Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
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Livingston City CouncilNovember 4, 2025

Livingston City Council
November 4, 2025