Long Beach Municipal Code Div. I General Supplies and Materials

The City Purchasing Agent, with the written approval of and in accordance with procedures provided by the City Manager, and such faithful performance bonds as the City Manager may deem reasonably necessary, is hereby authorized to bind the City through the issuance of a purchase order without advertising for bids for the purchase of services, labor, supplies, materials, goods, or other valuable consideration furnished to the City for amounts not exceeding one hundred thousand dollars ($100,000.00) and, if the purchase will be reimbursed by state or federal grant funds relating to homeland security; or, paid for or reimbursed by funds from the Long Beach Recovery Act, or other stimulus funding listed in the Long Beach Recovery Plan document dated March 16, 2021, or as amended for community recovery from the effects of the COVID-19 pandemic, for amounts not exceeding five hundred thousand dollars ($500,000.00). The Long Beach Recovery Act provision shall remain in effect until revoked by City Council action. For non-state or federal grant related purchases exceeding one hundred thousand dollars ($100,000.00), but not exceeding two hundred thousand dollars ($200,000.00), the City Purchasing Agent is authorized to issue a purchase order if the award is based on an Invitation to Bid (ITB) or a Request for Proposal (RFP) process, which results in at least three (3) bids or proposals conducted in conformance with this Code and applicable law and purchasing procedures as promulgated by the City Purchasing Agent.

Other persons, categorized as managers in each City department and as delegated authority by the City Purchasing Agent, may make purchases, but only within the limits set forth in this Section and only in accordance with regulations and any additional limitations as set forth by the City Purchasing Agent.

(ORD-22-0001 § 1, 2022; ORD-12-0020 § 1, 2012; Ord. C-7922 § 1, 2004; Ord. C-7650 § 1, 1999; Ord. C-6454 § 1, 1988; Ord. C-5745 § 1, 1981; Ord. C-5378 § 1, 1978; prior code § 2730)

All contracts and purchase orders between the City and other persons and entities of any kind shall contain language which prohibits discrimination in employment and discrimination with respect to performance under the contract or purchase order on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, AIDS, HIV status, age, disability, or handicap, subject to federal and State laws, rules and regulations.

(ORD-08-0015 § 1, 2008; Ord. C-7863 § 1, 2003)

A. This Section implements Section 1803 of the City Charter and is based on findings that the amount of local preference described in this Section for local businesses is in the public interest and is necessary to ease disadvantages suffered by local businesses due to the higher costs of doing business in the City of Long Beach.

B. A bid for furnishing materials, equipment, supplies and nonprofessional services pursuant to Section 2.84.010 relating to the authority of the City's purchasing agent to make purchases for City departments reporting to the City Manager shall be reduced by the amount described below in making a determination whether or not the bidder is the lowest responsible bidder, if the bidder meets the following criteria:

1. Has a current, valid business license from the City of Long Beach showing a place of business within the City limits; and

2. Has a current, valid seller's permit (also known as a sales tax permit) showing a place of business within the City limits.

C. A bid from a bidder meeting the criteria described in Subsection B of this Section shall be reduced by ten percent (10%). The maximum preference a bidder may be awarded pursuant to this Section and any other provision of law shall be ten percent (10%). However, in no case shall the maximum preference cost under this Section exceed fifty thousand dollars ($50,000.00) for any bid.

D. This Section shall not apply to bids for purchases made by the Director of Library Services pursuant to Section 1801 of the City Charter or to purchases made pursuant to Section 1807 of the City Charter. This Section shall also not apply to bids for purchases funded by any Tidelands fund, by any grant funds, and by any funds received from the State of California. This Section shall not apply to bids for public works, as that term is defined in Section 1720(a) of the California Labor Code.

(ORD-23-0012 § 1, 2023; ORD-09-0015 § 1 2009; Ord. 05-0020 § 1, 2005; Ord. C-7938 § 1, 2004)

A. All contracts, agreements, letters of understanding, letter agreements, memoranda of understanding, leases, permits, licenses and all other similar documents or other written agreements of any kind including, but not limited to, purchase orders and miscellaneous terms and conditions, in which the City of Long Beach, the Board of Water Commissioners, the Redevelopment Agency of the City of Long Beach, California, the Housing Authority of the City of Long Beach, California, and the Long Beach Housing Development Company are a party shall contain the requirements for insurance, bonds, and letters of credit (where such letters of credit serve in lieu of or as a supplement to bonds or insurance) described in regulations promulgated by the City Manager. The requirements in said regulations may only be modified or waived by the City's Risk Manager or, if there is no risk manager, then by the City Manager or the City Manager's designee or by an employee or consultant hired by the City to provide risk management services. If the Board of Water Commissioners, the Redevelopment Agency of the City of Long Beach, California, the Housing Authority of the City of Long Beach, California, or the Housing Development Company obtains the services of a risk manager, whether as an employee or as an independent contractor, then this Section shall not apply to that entity provided that such entity issues its own regulations relating to insurance requirements. Until such entity promulgates its own regulations, this Section shall apply.

B. The regulations issued by the City Manager shall establish minimum insurance requirements. Any department of the City or any of the entities listed above, when negotiating a contract, agreement, letter of understanding, letter agreement, memorandum of understanding, lease, permit, license, or similar document, or other written agreement of any kind may require higher limits, greater scope of coverage, or otherwise more stringent insurance requirements than stated in the regulations.

The regulations issued by the City Manager may enable the City Manager, or designee, to waive the insurance requirements, or any part thereof, based on an assessment of risk to be insured, the availability of insurance, the cost of insurance, and other objective factors commonly considered in risk management.

C. When a bond or insurance is required by regulations issued by the City Manager, the contract, agreement, letter of understanding, letter agreement, memorandum of understanding, lease, permit, license, or other similar document or other written agreement of any kind including, but not limited to, purchase orders and miscellaneous terms and conditions, shall not be effective until such bond or insurance has been approved as to sufficiency by the City's Risk Management Bureau and approved as to form by the City Attorney. If the required bond or insurance becomes ineffective for any reason, then the contract, agreement, letter of understanding, letter agreement, memorandum of understanding, lease, permit, license, or other similar document or other written agreement of any kind, including, but not limited to, purchase orders and miscellaneous terms and conditions, shall be automatically suspended until such time as a new or renewed bond or insurance is provided that meets the requirements of the City Manager's regulations and is approved as to sufficiency and form.

D. Any bond or insurance required by the administrative regulations issued by the City Manager and provided to the City in accordance with this Section shall not be deemed to limit the liability of or to affect the indemnification from any party.

(Ord. C-7934 § 28, 2004)