Compton Municipal Code § 4-11 Purchasing and Procurement System; Storage and Sale of City Personal Property

[Ord. #856, §§ 2600 through 2606; Ord. #986; amended by Ord. #1351, §§ 2607 through 2610; Ord. #1862, § 2; Ord. #2267; 9-17-2019 by Ord. No. 2314]

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Editor's Note: For statutory provisions governing purchase of supplies and equipment, see Gov. Code § 54201 et seq.

All purchases made on behalf of the City shall be by purchase order only issued by the City Manager.

No purchase order shall be issued by the City Manager except upon a requisition upon which the City Controller shall endorse that there exists an unencumbered appropriation in the fund account against which such purchase is to be charged.

The City Controller shall maintain a budget record reflecting at all times the unencumbered appropriation account balances and encumbrances as shown by unfilled outstanding purchase orders.

a. Informal Bids. Except as otherwise provided in this section, Section 1409 of the City Charter, state or federal law, the purchase of or contract for supplies, materials, equipment or services having an estimated value between $10,000 and $25,000 shall be made from the lowest responsive and responsible bidder pursuant to the procedure set forth below:

1. At least three vendors shall be solicited to submit bids. This solicitation requirement may be met if price quotations have been sought through prices listed on a vendor's Internet website, provided that the City Manager or his/her authorized designee reviews and approves such pricing. The names of the vendors submitting bids and/or vendors whose prices were obtained on the vendor's website, their respective local addresses, if any, principal place(s) of business and the date and amount of each bid and/or website price(s), shall be recorded and maintained as a public record.

2. Bids and/or website price(s) shall be submitted to the soliciting department's Manager or his/her authorized designee, who shall specify the time, place and manner in which bids are to be submitted.

b. Formal Bids. Except as otherwise provided in this section, Section 1409 of the City Charter, state or federal law, the purchase of or contract for supplies, materials, equipment or services having an estimated value greater than $25,000 shall be made from the lowest responsive and responsible bidder pursuant to the procedure set forth below:

1. Notices inviting bids shall include a general description of the supplies, materials, equipment or services to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids. Notices inviting bids shall be published at least 10 days before the date of the opening of the bids. Notices shall be published at least once in a newspaper of general circulation, printed and published in the City, or if there is none, shall be posted in at least three places in the City that have been designated by ordinance as the place for posting public notices. The soliciting department's manager or his/her authorized designee shall also solicit bids from responsible prospective suppliers whose names are on the bidders' list or who have made a written request that their names be added to the bidders' list.

2. When deemed appropriate or otherwise required by local, state and/or federal laws or regulations, bidder's security shall be prescribed in the notices inviting bids. The bid security shall be returned to bidders; provided, however, that a successful bidder shall forfeit its bid security upon failure to execute the purchase contract within 10 days after mailing of the notice of award of the contract.

3. When deemed appropriate or otherwise required by local, state and/or federal laws or regulations, performance and/or payment bond(s) shall be required as a condition to the award of a contract. If a performance and/or payment bond is required, the form and amount of the bond shall be described in the bid invitation notice.

4. The City Council shall have the right to accept any bid or portion of bid which it deems to be for the best interests of the City; provided, however, the City Council may reject any and all bids and in its discretion re-advertise for bids or, if appropriate, order the purchase made on the open market.

a. In addition to price, in determining the lowest responsible bidder, consideration shall be given to the quality and performance of the supplies to be purchased or services by the vendor. The criteria for determining the low bid shall include, but not be limited to the following:

1. The ability, capacity, and skill of the bidder to perform the contract or provide the supplies or services required.

2. The ability of the bidder to provide the supplies or services promptly, or within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.

4. The quality of the bidder's performance on previous purchases or contracts with the City.

5. The ability of the bidder to provide future maintenance, repair parts, and services for the use of the supplies or equipment purchased.

6. Current compliance by the bidder with federal acts and executive orders and state statutes governing the subject of nondiscrimination in employment; provided, however, the City Manager shall recognize as proof of noncompliance only the final decisions and orders of those federal and state agencies empowered under the law to make such findings.

7. Certification by the bidder that the bidder shall pursue an affirmative course of action as required by the affirmative action guidelines adopted by the City Council reasonably pertaining to the work of the contract and to the nature and size of the bidder's work force to ensure that applicants are sought and employed, and that employees are treated during employment, without regard to their race, color, national origin or ancestry, or religion. Such specific guidelines will be adopted by Council resolution from time to time, identifying the nature and scope of the affirmative action desired by the City. Such guidelines shall be made available to all persons desiring to bid on City business.

8. Each bidder shall enclose with its bid a certificate stating whether the bidder is currently in compliance with all federal and state laws covering nondiscrimination in employment, and that the bidder will pursue an affirmative course of action as required by the affirmative action guidelines provided for in Subsection a6 above of this section, and resolutions adopted pursuant thereto, and that, if awarded the contract, it will not discriminate in the employment of any person under the contract because of the race, color, national origin or ancestry, or religion of such person, and that the bidder will participate, if requested, in a pre-award review of his/her/its qualifications under the provisions of this section.

b. Pursuant to Section 1411 of the Charter, and in accordance with applicable state or federal law, when making purchases for the City, local merchants shall be given the preference, quality and price being equal.

a. Any contractor who shall be found in violation of the nondiscrimination provisions of the Fair Employment Practices Act of the state,[1] or similar provisions of federal law, or executive order in the performance of any contract with the City thereby shall be found to be in material breach of such contract, and thereupon the City shall have the power to cancel, terminate or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25 for each person for each calendar day during which such person was discriminated against as damages for the breach of contract, or both. Only a finding of the Fair Employment Practices Commission of the State or the equivalent federal agency or officer shall constitute evidence of a violation of contract pursuant to the provisions of this section.

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Editor's Note: See Gov. Code § 12900 et seq.

b. Any contractor who shall be found by the City to be in violation of the agreement to pursue an affirmative course of action or in violation of any provisions of the affirmative action guidelines pertaining to the contract shall be found in material breach of such contract, and thereupon the City shall have the power to cancel, terminate or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250 for each calendar day during which the contractor is found to have been in noncompliance as damages for said breach of contract, or both.

Except as otherwise provided in Section 1409 of the City Charter, state or federal law, the competitive bidding requirements of this section shall not apply in the following circumstances:

a. Where an emergency is deemed to exist and it is determined that supplies, materials, equipment or services involving the public health, safety or welfare would be interrupted if the normal procedures were followed, provided that all emergency purchases which would otherwise require bidding procedures made pursuant to this section shall be submitted to the Council for ratification, if required, at the next regular Council meeting after the purchase and/or services are authorized.

b. Where competition is determined to be inadequate or nonexistent; such as membership in professional organizations, attendance at meetings or conventions, travel, and when it is determined that only one vendor is qualified to do the work or provide the product. Use of this exception shall be justified and documented.

c. The purchase of or contract for supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity.

d. Any contract for professional services; such as, but not limited to, attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise. Selection of professional services providers shall be on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price.

a. Except as otherwise provided in this section, the general rate of per diem wages, as set forth in Labor Code Section 1770 et seq. or any successor provision thereto ("prevailing wages"), shall be paid on all City public works projects. As used in this section, the term 'public works' shall have the same meaning and shall refer to the same term as used in Labor Code Section 1782. All notices inviting bids for such public works projects shall incorporate and provide notification of the provisions of this section. Nothing in the City Charter, including Section 1409, shall affect the provisions of this section.

b. In accordance with the provisions of Labor Code Section 1782, the requirement to pay prevailing wages, as set forth above in this section, does not apply to the following:

1. A contract of $25,000 or less when the contract is for construction work;

2. A contract of $15,000 or less when the contract is for alteration, demolition, repair, or maintenance work; or

3. A public works contract that was advertised or awarded prior to January 1, 2015.

The City Manager shall provide proper facilities for the storage of all materials, supplies, equipment and other personal property owned by the City. No such materials, supplies, equipment or other personal property shall be withdrawn except upon requisition as required by the City Controller.

Whenever the City has any materials, supplies, equipment or other personal property which it no longer needs for municipal purposes, or which has become unfit for use for municipal purposes, the City Manager shall provide for the sale, donation or destruction of such materials, supplies, equipment or other personal property by such means as he or she shall find most advantageous to the City. In the event such materials, supplies, equipment or other personal property has a sale value of more than $500, the City Manager shall obtain the consent and approval of the City Council before authorizing the sale, donation or disposal thereof.