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one demand preference over another in the authorization, allowance or approval thereof; but demands shall be acted upon in the order in which they are presented.
Sec. 17. All ordinances or resolutions appropriating money or for the incurring of indebtedness or liability against the Treasury, introduced in the Board of Supervisors, or in the Board of Education, or other Department or authority, must,' before being passed, be presented to the Auditor, and until he certifies in writing upon such ordinance or resolution that such appropriation can be made or indebtedness incurred without violating any of the provisions of this Charter, no further action shall be had upon the same. Such certificate shall not take the place of the allowance of such demand and final action of the Auditor thereon.
SEC. 18. Neither the Supervisors, nor any officer, Board, Department, or authority, shall allow, make valid, or in any manner recognize any demand against the city and county, which was not at the time of its creation a valid claim against the same, nor shall they, or any of them, ever allow or authorize to be paid, any demand which, without such action, would be invalid, or which shall then be barred by any statute of limitation, or for which said city and county was never liable.
SECTION 1. All contracts for an amount exceeding five hundred dollars, for goods, merchandise, stores, supplies, subsistence, printing, or other work or thing for said city and county, as well as for all subsistence, supplies, drugs, and other necessary articles and things for hospitals, prisons, public institutions and other departments not otherwise specifically provided for in this Charter, must be made by the Supervisors with the lowest bidder offering adequate security, after due public notice published for not less than ten days; and no purchase thereof or liability therefor shall be made or created except by contract. Where the amount of the bid shall exceed five thousand dollars, all proposals shall be accompanied with a certificate of deposit or certified check on a solvent bank or banking house in said city and county, for one thousand dollars, and where it shall be less than five thousand dollars, of ten per centum on the amount of the bid, payable at sight to the order of the Clerk of the Supervisors. If the bidder to whom the contract is awarded shall for five days after such award fail or neglect to enter into the contract and file the required bond, the Clerk shall draw the money due on said certificate of deposit or check, and pay the same into the Treasury; and under no circumstances shall the certificate of deposit or check or the proceeds thereof be returned to such defaulting bidder. All such contracts shall be awarded by ordinance. In all advertisements for proposals, the quantity and quality of articles shall be fully stated, and any bidder may bid separately for any article named. The award as to each article shall, in all cases, be made to the lowest bidder for such article, and where a bid embraces more than one article, the Supervisors shall have the right to accept or reject such bid or the bid for any one or more articles embraced therein. The Supervisors shall require bonds with sufficient sureties for the faithful performance of every contract. The Clerk of the Supervisors shall furnish printed blanks for all such proposals, contracts and bonds. All bids shall be sealed and delivered by the bidder to the Clerk of the Supervisors, and opened by the Board at an hour and place to be stated in the advertisement for proposals, in the presence of all bidders who attend, and the bidders may inspect the bids. All bids with alterations or erasures therein shall be rejected.
SEC. 2. All contracts for official advertising shall be let annually in like manner by the Supervisors to the lowest responsible bidder publishing a daily newspaper in said city and county which has a bona fide daily circulation of at least eight thousand copies and has been in existence at the time of letting said contract at least
The award shall in all cases be made to the bidder making the lowest bid. All said advertising shall be printed in type not larger than that known as agate, and with no display heading greater than half an inch in length, and shall be set solid.
In inviting proposals therefor, said advertising shall not be classified, and no proposal shall be acted upon which offers to do said advertising at different rates for different portions thereof.
Said advertising shall be construed to mean the adver
tising and publication of all official reports, orders, ordinances, messages, resolutions, notices inviting proposals and all notices of every nature, and all legal notices and process of every kind, nature, character and description, including all advertising of the Sheriff's office, except only such legal notices and process as are by law issuable out of the office of the County Clerk.
No part or kind of said advertising shall be charged or contracted for at a higher rate than any other part or kind of the same is charged or contracted for, except in the case of the delinquent tax list. Any such overcharge shall be cause for the immediate forfeiture of the contract entered into for such advertising.
The newspaper to which the award of said advertising is made shall be known and designated as the “official newspaper.'
The advertising of said delinquent tax list shall be let to the lowest responsible bidder, on a separate bidding from all other official advertising.
No Board, Department, Officer or authority shall make any publication which is not expressly authorized by this Charter, and shall make all publications so authorized in the official newspaper exclusively, unless otherwise expressly authorized by this Charter.
Sec. 3. All contracts for subsistence of prisoners must be given out annually by the Supervisors, at a fixed price per day for each prisoner and person connected with the prison; and the advertisement for proposals published as in the last section provided shall specify each article required, the quality thereof, the quantity for each person, and the existing and probable number of persons to be supplied. All articles of food supplied for the prisons, hospitals or other public institutions must be sound and wholesome, and shall be subject to inspection and rejection by the Health Officer, and by the principal officer of the prison, institution or department for which the same are supplied, and the right to such inspection and rejection must be reserved in the contract therefor.
SEC. 4. Except as otherwise provided in this Charter, the Clerk of the Supervisors shall annually, under the direction of said Supervisors, advertise for proposals for supplying the various Departments, Officers and offices of the city and county with stationery and supplies in the nature of stationery, assessment books, minute books, blank books and the printing of blanks. The contracts for stationery shall be separate from those for printing. The estimates for said supplies shall be based upon the average consumption thereof during the three years next preceding; but the notice for proposals shall require a greater or less quantity to be delivered as the Supervisors may designate, and to be supplied at such times and in such quantities as may be necessary. The advertisement for bids for paper shall state the weight, quality and size of the various kinds required, and that for printing shall enumerate the various letter heads, tax bills, tax receipts, court notices, and all blanks, papers and documents now used or hereafter required in any and all departments of the city and county government, including the forms, papers and blanks now used or hereafter required by the courts of said city and county. The forms for all printing shall be consecutively numbered, and each form and blank shall be known as No. [specifying the number). Said advertisement shall be published for at least ten days, and must specify each article and the estimated amount thereof required during the period of the contract, and shall require bidders to state the price at which each article will be furnished, printed or manufactured, as the same may be required from time to time during said period, and the amount of the bond that will be required as security for the performance of said contract. No stationery furnished to any officer or Department of the City Government at the expense of the city shall contain the name
the name or names of the officer or officers constituting the head of the Department or Board. The Clerk of the Supervisors shall have rooms in the New City Hall for the custody of such stationery, and when purchased the same shall be delivered to him, and he shall issue and distribute the same to the various departments as required. He shall keep accounts in detail, charging himself with all goods received, and crediting himself with the goods delivered upon order or requisition, as hereinafter provided. When any of such supplies are required for any Department of the city government, said Clerk shall issue the same after the requisition for such articles has been made by the head of a department or his chief deputy, certifying under oath that the supplies named in said requisition are needed for his office. All requisitions for printing shall be made in a similar manner, and when so made, the Clerk shall issue to the contractor for printing, the paper necessary for the execution of the work. Such printing, when completed, shall be delivered to the Clerk, who shall receipt therefor, and deliver the same to the Department for which said printing was done, taking a receipt therefor from the head of the department or his chief deputy. The Clerk shall report monthly in writing to the Supervisors, in detail, the amount of all paper, blanks, books, stationery and printing ordered by and delivered to any Department or Officer.
Sec. 5. Any Officer of said city and county, or of any Department thereof, who 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 who shall favor one bidder over another, by giving or withholding information, or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall accept material or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kind of material or supplies than has been actually received, shall be deemed guilty of misdemeanor and shall be removed from office.
SEC. 6. All contracts must be in writing and executed in the name of the city and county by the Officer authorized to make the same, and in cases not otherwise directed by this Charter or by law, such contract shall be executed by the Mayor. All contracts must be countersigned by the Auditor, and registered by number and date in a book kept by him for that purpose.
When a contractor fails to enter into the contract awarded to him or to perform the same, new bids must be invited, and a contract awarded as provided herein in the first instance. When the Supervisors believe that the prices bid are too high, or that bidders have combined together to prevent competition, or that the public interest will be subserved, they may reject any