Long Beach Municipal Code Art. XVIII Contracts

The City shall not be and is not bound by any contract, except as otherwise provided herein, unless the same is made in writing, by order of the City Council, and signed by the City Manager or by another officer authorized to do so by the City Manager. The approval of the form of the contract by the City Attorney shall be endorsed thereon before the same shall be signed on behalf of the City. The City Council, by ordinance duly adopted, may authorize the City Manager, or any commission or agent of the City, with the written approval of the City Manager, to bind the City without a contract in writing for the payment of services, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limit established by ordinance of the City Council. The Board of Harbor Commissioners and the Board of Public Utilities Commissioners may authorize contracts, in writing or otherwise, without advertising for bids, for the payment of services, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limit established by ordinance of the City Council.

(Amended by Meas. BB, 11-8-2022, eff. 1-23-2023)

All contracts, except as otherwise provided in this Charter, or by general law, for the City or any of the departments or public institutions thereof, must be made by the City Manager with the lowest responsible bidder whose bid is in regular form, after one publication of a notice calling for bids in a daily newspaper of general circulation in the City. Said notice shall contain a brief description of the services, supplies, materials, equipment or labor required, the amount of bonds required of the successful bidder, and state the hour and day on which said bids will be opened.

The foregoing notwithstanding, the Director of Library Services, in accordance with procedures provided by and with the written approval of the City Manager, and with such faithful performance bonds, if any, as the City Manager may deem reasonably necessary, is authorized to contract on behalf of the City, without advertising for bids, for the purchase of books, pamphlets, government documents, serials, continuations, periodicals, recordings, videotapes, films, or an on-line acquisition system, and such other similar goods and services furnished to the City Library all in an amount not to exceed that set by the City Council each year in the annual budget for such goods and services.

The City Council, by resolution adopted by the affirmative vote of five members of the City Council, may authorize the City Manager to enter into a contract on behalf of the City, in writing or otherwise, without advertising for bids for services, supplies, materials, equipment or labor for actual emergency work.

(Amended by Prop. 2, 4-13-1982, eff. 5-18-1982)

The requirements of Sections 1800 and 1801 of this Charter shall not apply to purchases by the City and/or the Harbor Department and Public Utilities Department made on behalf of the City from any governmental body, officer or agency.

The City, the Board of Harbor Commissioners and Board of Public Utilities Commissioners may participate in joint and cooperative purchasing of services, supplies, materials, equipment and labor with other cities, counties, districts, State and Federal governments or other governmental agencies, singly, jointly, or in districts or associations, by purchasing under their contracts on a voluntary and selective basis when authorized by a resolution of the City Council, Board of Harbor Commissioners or Public Utilities Commissioners, respectively. Such purchasing shall be in accordance with enabling legislation under Federal and State statutes and revisions, amendments, executive orders, and rules and regulations pertaining thereto.

(Amended by Meas. BB, 11-8-2022, eff. 1-23-2023)

In determining the lowest responsible bidder for furnishing materials, equipment, supplies, or non-professional services, the City may apply a local preference for businesses that hold a business license from the City and maintain a place of business within the City limits. The nature and amount of the local preference shall be established by the City Council by ordinance.

This section shall not be applicable unless payment is made solely from funds and revenues of the City, exclusive of funds and revenues derived from tidelands.

(Amended by Meas. U, 11-5-2002, eff. 11-27-2002)

On the day and at the hour named in the notice calling for bids, the City Manager, or his designated representative, shall publicly open and declare all bids received, and at that time, or at such time as the City Manager may determine, shall accept the lowest regular responsible bid, or reject all bids and return all deposits accompanying said bids. The City Manager, at his option, may abandon all proceedings, or readvertise for bids in a like manner.

If at any time it shall be found that any person, firm or corporation to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other person, firm or corporation, then the contract awarded shall, if the City so elects, be null and void, and the contractor and his bondsmen shall be liable to the City for all loss and damage which the City may suffer thereby; and the City Manager may advertise for a new contract for such labor, material or supplies.

Notwithstanding any provisions of this Charter respecting the employment or use of employees of the City, the City Council or any Commission, when acting with regard to matters within their authority and jurisdiction, may approve and authorize contracts with private contractors for the performance of work or services usually performed by employees of the City, provided:

(a) The Council determines by ordinance, adopted by a vote of two-thirds (⅔) of its members or by resolution adopted by a vote of four-fifths (⅘) of the members of any Commission, and supported by findings expressed therein, that the work or services to be contracted for can be performed by a private contractor as efficiently, effectively and at an estimated lower cost to the City than if said work or services were performed by employees of the City; and

(b) In addition to the determinations regarding efficiency, effectiveness and estimated lower cost, said ordinance or resolution shall declare that the Council or Commission has considered all other relevant factors and has determined that the performance of said work or services by a private contractor will not be detrimental or adverse to the best interests of the citizens of the City; and

(c) No such contract shall be entered into for the performance of work or services which the provisions of this Charter or other applicable law provide are to be performed by specified officers or employees of the City, or for work or services, usually performed by the City's police officers and firefighters; and

(d) All contracts for work or services authorized to be performed by a private contractor pursuant to this Section shall be subject to and in accordance with the provisions of this Charter or other applicable State and Federal law relating to contracting.

Notwithstanding any other provision of this Charter relating to formal bidding requirements:

The City Council, the Board of Harbor Commissioners, and the Board of Public Utilities Commissioners may authorize and award negotiated contracts which are based on competitive proposals instead of sealed bids, for the acquisition of electronic data processing and telecommunication equipment, systems, subsystems and related materials, goods and services, in accordance with procedures and criteria which may be established for such negotiated contracts by the City Council by ordinance.

(Amended by Meas. BB, 11-8-2022, eff. 1-23-2023; Added by Prop. CC, 11-8-1988, eff. 12-19-1988)

Notwithstanding any other provision of this Charter relating to formal bidding requirements:

The City Council may authorize and award negotiated contracts which are based on competitive proposals instead of sealed bids, for the purchase of natural gas for the City's Gas Utility, in accordance with procedures and criteria which may be established for such negotiated contracts by the City Council by ordinance.

(Added by Prop. DD, 11-8-1988, eff. 12-19-1988)