[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]
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.
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.
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.
[Added by Ord. #1409, § 1205; Ord. #1570, § 1;
Ord. #1658, § 1; Ord. #1862, § 2]
If payment of an amount due the City is tendered by a check
or other commercial paper which fails to clear through the banks and
is returned to the City Treasurer, there shall be assessed a service
charge of $10 pursuant to the established rules and regulations. In
addition, the City Treasurer may refuse to accept personal checks
from any payor who has previously made payment by a check which was
returned because of insufficient funds.
[Ord. #856, § 2530; Ord. #1862, § 2]
Whenever it is claimed that any person has been injured or any
property damaged as a result of the dangerous or defective condition
of any public street, highway, building, park, grounds, works or property,
a verified claim for damages must be presented and filed with the
City Controller within 60 days after such accident has occurred. Such
verified claim shall specify the name and address of the claimant,
the date and place of the accident and the extent of the injuries
or damages received by such person or to such property and the amount
claimed.
[Ord. #856, § 2531; Ord. #1862, § 2]
Whenever it is claimed that any person has been injured or any
property damaged as a result of the dangerous or defective condition
of any public street, highway, building, park, grounds, works or property,
or the negligence or carelessness of any officer of the City, a verified
claim for damages must be presented and filed with the City Controller
within 60 days after such accident has occurred. Such verified claim
shall specify the name and address of the claimant, the date and place
of the accident and the extent of the injuries or damages received
by such person or to such property and the amount claimed.
[Ord. #856, § 2532; Ord. #1862, § 2]
The presentment and filing of such verified claim as herein
provided shall be a condition precedent to the commencement of any
action hereunder, and the failure to present and file such verified
claim shall relieve the City and its officers from any liability and
shall constitute a complete defense to any action for the recovery
of any damages claimed.
[Ord. #2287]
The City Council finds that the City's low unemployment
rate has hampered the economic vitality of the community and has decreased
the social welfare of local residents. In order to combat the presence
of urban blight and prevent the destabilization of the City at large,
the declared purpose of this section is to increase employment opportunities
for qualified local residents by establishing a First Source Hiring
Program that requires certain contractors to employ up to 50% of qualified
local residents for eligible infrastructure developments within the
City as stated in this section.
[Ord. #2287]
The following terms and phrases, whenever used in this section,
shall be construed as defined in this section:
CITY
Shall mean the City of Compton, California.
CITY-FUNDED CONSTRUCTION PROJECT
Shall mean any construction project costing in excess of
$1,000,000 that is funded by the City, in whole or in part, in any
form or from any source (i.e. local, county, state, or federal funding),
unless such source of funding contains provisions that expressly prohibit
the application of any provisions of this section.
CONSTRUCTION PROJECT
Shall mean the construction, enlargement, expansion, improvement
(excluding maintenance and repair), or rehabilitation of any public
building, street, drain, sewer, park, playground, utility or any other
City infrastructure, or any portion thereof, and includes, without
limitation, alterations of existing public building, street, drain,
sewer, park, playground, utility or any other City infrastructure,
where such work both requires: (1) any applicable permits; and (2)
includes work performed by contractors that are subject to the California
Contractors' State License Law (California Business and Professions
Code § 7000 et seq.).
CONTRACTOR
Shall mean any person, firm, partnership, corporation, joint
venture or other legal entity that proposes to undertake and execute
activities as related to a construction project.
FIRST SOURCE HIRING AGREEMENT
Shall mean an agreement entered into between a contractor
and the City that implements the First Source Hiring Program provisions
set forth in this section.
FIRST SOURCE HIRING PROGRAM
Shall mean the provisions of this section and any guidelines
or policies adopted by the City to implement this section.
LOCAL RESIDENT
Shall mean any person whose primary residence is located
in the City of Compton.
LOCAL RESOURCE CENTER
Shall mean that City department, designated by the City Manager,
which is responsible for the administration of the First Source Hiring
Program, including, but not limited to monitoring compliance with
the Program for applicable City-funded construction projects.
[Ord. #2287 adopted 7-5-2017]
Any contracts for City-funded construction projects existing
with the City prior to the adoption of this section are not required
to comply with the First Source Hiring Program and are not subject
to the rules and regulations of the First Source Hiring Agreement.