[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.
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.
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:
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.
[Ord. #2245]
a.
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 or authorization of the City Council and signed by the City
Manager or by another officer authorized to do so by the City Council.
Pursuant to Section 702 of the Compton City Charter, 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 by the
City Manager and attested to by the City Clerk. The City Council,
by ordinance or resolution duly adopted, may authorize the City Manager
to bind the City by written contract or purchase order without previous
specific action of the City Council for the acquisition of equipment,
materials, supplies, labor, services or other items included within
the budget approved by the City Council and may impose a monetary
limit upon such authority.
b.
Legislative actions of the City Council awarding a contract shall
not constitute a contract. No contract shall be binding or of any
force or effect until approved by the City Attorney pursuant to Section
702 of the City Charter and signed by the City Manager.
c.
The requirements for City Council approval specified in Paragraph
a above shall apply to all expenditures, extensions, amendments or
renewals of an existing or expired contract or term agreement whenever
the aggregated expenditures under the original contract or term agreement,
or extensions, renewals or amendments exceed (1) the City Manager's
contract approval limit, or (2) the total contract amount approved
by the City Council for such extension, amendment or renewal in a
City resolution.
d.
Notwithstanding the aforementioned provisions, it is the intent of
this legislation that the above paragraphs shall not be construed
so as to minimize or diminish in any way the City Council's discretionary
authority to ratify a prior action of the City Manager or his or her
designated City staff.
[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.
[1]
Editor's Note: For statutory provisions regarding claims
against public entities and presentation of claims, see §§ 905,
910 et seq.; § 53910 et seq.
[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.
[1]
Editor's Note: Prior ordinance history: Ord. #2242.
[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:
Shall mean the City of Compton, California.
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.
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.).
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.
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.
Shall mean the provisions of this section and any guidelines
or policies adopted by the City to implement this section.
Shall mean any person whose primary residence is located
in the City of Compton.
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]
a.
The First Source Hiring Program requires all contractors hired by
the City for City-funded construction projects to make a good faith
effort to employ up to 50% of local qualified residents for available
job openings.
b.
Contractors for City-funded construction projects participating in
the First Source Hiring Program shall enter into a First Source Hiring
Agreement for the duration of the proposed construction project.
c.
Contractors who are required to participate in the First Source Hiring
Program may achieve their local qualified resident hiring goal by
either utilizing the Local Resource Center or their own hiring methodology,
provided that such approach can reasonably achieve their hiring goal.
d.
Contractors who fail to adhere to the policies and procedures of
the First Source Hiring Program set forth in the First Source Hiring
Agreement may be considered in breach of contract.
[Ord. #2287]
a.
Prior to the hiring of employees for City-funded construction projects,
the contractor shall notify the Local Resource Center of the following
information:
1.
The number of available job openings;
2.
A description of such vacancies including, but not limited to job
qualifications and expectations, work salary and schedule, duration
of employment, required standards of appearance, and any other special
requirements (e.g. language skills, drivers' license, etc.);
and
3.
Whether it is requested that the Local Resource Center provide the
contractor with a pool of job applicants who are local residents and
qualified to meet the specific needs of contractors for the City-funded
Construction Project.
b.
Should the contractor decide to use their own hiring processes in
order to comply with the program, the Local Resource Center shall
not be responsible for the recruitment of targeted local resident
applicants. However, the Local Resource Center shall continue to ensure
that the contractor is adhering to the policies and procedures of
the First Source Hiring Program as set forth in the First Source Hiring
Agreement.
c.
Once the Local Resource Center has been notified, the contractor
and a specified City designee shall meet and confer to review the
rules and regulations the contractor must follow in order to comply
with the First Source Hiring Agreement.
d.
The First Source Hiring Agreement shall at minimum address the following:
1.
The minimum percentage of construction-related payroll that must
be accomplished with local resident employee hours;
2.
Definition of "good faith efforts," compliance and required procedures
the contractor must follow in order to fulfill the requirements of
the First Source Hiring Program;
3.
Required record-keeping, documentation, and reporting frequency for
demonstrating a contractor's compliance with the First Source
Hiring Agreement; and
4.
The schedule within which the above referenced procedures must be
completed.
e.
In the event that the contractor has not met the hiring goal, as
established between City and the contractor, the City may require
the contractor to provide reasons why it has not met the goal and
the City may determine, considering the totality of the circumstances,
whether the contractor has nonetheless breached the agreement.
[Ord. #2287]
a.
Once a contractor of a City-funded construction project has notified the Local Resource Center of the requisite information and has met and conferred with a City designee, as stated in Subsection 4-15.4, the Local Resource Center must abide by the rules and regulations as set forth by the First Source Hiring Agreement.
b.
The First Source Hiring Agreement, as it applies to the Local Resource
Center, shall address at minimum the following:
1.
Developing effective outreach, education, and recognition of contractors
that participate in the First Source Hiring Program;
2.
The process of how the targeted local resident hiring applicants
that qualify for job openings will be referred to the contractor,
and subsequently hired;
3.
Requisite procedures that must be followed in the implementation
of a customized job training program that would provide specialized
training, requested by the contractor, for applicants they intend
to hire tailored to the employer's particular needs;
4.
How to monitor the progress of local-resident employees in the First
Source Hiring Program;
5.
The process of assisting contractors with reporting documentation
and responsibilities; and
6.
A schedule of when the preparation and submission of compliance reports
are due.
c.
Failure of the City to implement any of the activities described
in this section shall not excuse the performance of a contractor of
the obligations set forth in the applicable provisions of the First
Source Hiring Agreement.
[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.
