Editor's Note: Prior ordinance history – Ordinances,
or parts of Ordinances, Nos. 85-21, 86-117 and 93-368 were previously
codified in this chapter, and were not specifically repealed by the
adoption of Ordinance No. 97-505.
The City Manager, and his or her designee, is authorized to
enter into the following types of contracts:
a. Contracts
required of an applicant as a condition of approval of a permit, license,
or other grant of approval not involving expenditure of city funds;
b. Contracts
involving the allocation of county, state or federal funds pursuant
to a program previously approved by the City Council where the form
of contract is standard and used in substantially the same form by
all applicants and has been approved by the City Attorney;
c. Contracts
involving the expenditure of city funds where:
1. The
funds are used in connection with residential or commercial revitalization
of private property,
2. The
program and its budget have been approved by the City Council,
3. The
funds are used in connection with grants that are allocated on a first-come,
firstserve basis in accordance with established criteria,
4. The
same or substantially the same contract is used in all cases,
5. The
form of the contract has been approved by the City Attorney;
d. Contracts
for services for a sum not to exceed $75,000 for which funds have
been budgeted in the current year budget and where the form of the
contract has been approved by the City Attorney;
e. Contracts
or amendments to contracts which the City Council has expressly authorized
the City Manager to execute; and
f. Amendments
to contracts previously approved by the City Council not involving
expenditure of city funds, or modifying the duration and/or amount
of the contract in strict accordance with a specific line item in
the approved city budget.
(Prior code § 2700; Ord. 97-505 § 2, 1997; Ord. 01-605 § 1, 2001; Ord. 20-1102 § 1, 2020)
Any contract made or purportedly made by any city official or
employee or other person acting on behalf of the city shall not be
an obligation of the city unless made in accordance with the provisions
of this section, except as otherwise provided in this code.
a. All
contracts shall be in writing and shall be signed by a person authorized
by state law, this code or an ordinance, resolution, motion or contract
adopted or approved by the City Council. No oral contract shall become
an obligation of the city.
b. For
the purposes of this section, the term "contract" shall refer to any
agreement, contract, lease, promise, or other obligation to which
the city is, or is alleged to be, a party and shall include, but not
be limited to, any contract for equipment, supplies, services, financing,
or public works.
(Ord. 20-1104 § 1, 2020)
a. The
city shall not enter into a contract for any purpose with:
1. Any
person or business that complies with the Arab League boycott of Israel
except as provided in this section. All such firms that are in compliance
with the boycott of Israel shall be disqualified from submitting a
bid or proposal to the city for any purpose and all such requests
for proposals or bids published by the city shall contain a clause
so stating, except as provided for in this section. All firms and
entities which seek to do business with the city shall disclose whether
they honor the Arab League boycott of Israel.
2. Any
person doing business in Myanmar or with the government of Myanmar
except as provided in this section. The city shall not purchase commodities
produced in Myanmar or provided by any person doing business in Myanmar
or with the government of Myanmar. All persons doing business in Myanmar
or with the government of Myanmar shall be disqualified from submitting
a bid or proposal to the city for any purpose and all such requests
for proposals or bids published by the city shall contain a clause
so stating, except as provided in this section. All persons seeking
to do business with the city shall disclose whether they do business
in Myanmar or with the government of Myanmar and, if so, shall provide
a description detailing the nature and extent of such business.
b. For
the purposes of this section, "person" includes any individual, firm,
corporation, bank, savings and loan association or any other entity,
or any subsidiary substantially owned by any such person.
c. The
City Manager may allow exceptions to this section upon finding that
the special characteristics of the commodity or service offered make
the commodity or service necessary for the efficient operation of
the city or the health, safety and welfare of the public, and no comparable
commodity or service is available from a person not in violation of
this section after a reasonable search at a reasonably comparable
price.
d. The
determination by the City Manager shall be set forth in a written
report, and shall specify the nature of the market search conducted,
the reason why the product is required by the city, the cost variance
involved, and the basis for selecting the particular firm.
e. This
report shall, in the case of each exception, be provided to the City
Council and in the case of purchases or contracts for professional
services in excess of $5,000, the report shall be provided to the
Council prior to the selection of the firm.
(Prior code § 2701; Ord. 97-505 § 2, 1997)
The City Manager shall make a good faith effort when the city
solicits bids for contracts for services to solicit bids from local
service providers.
(Prior code § 2702; Ord. 97-505 § 2, 1997)
a. Definitions. For the purposes of this section:
"Contract"
means a legal agreement between the city and a contractor
for services, purchase of supplies, equipment or material, or for
construction of public works for which the consideration is in excess
of $25,000.00. "Contract" does not include subcontracts or subcontractors
of any contract or contractor.
"Contractor"
means any private party or entity that enters into a contract
with the city. In the event the contractor is an entity that has been
formed exclusively to provide services to the city or within the State
of California, then the term "contractor" shall also include that
entity's parent company(ies).
"Contract awarding authority"
means the City Council or the individual authorized by the
City Council to enter into contracts on behalf of the city.
"Domestic partner"
means any person who is registered as a domestic partner
with the Secretary of State, State of California registry or the registry
of the state in which the employee is a resident.
"Employee benefits"
means the provision of any benefit provided to spouses of
employees or provided to an employee on account of the employee having
a spouse and which benefit is provided by the City of West Hollywood
and covers the domestic partners of its employees, including; bereavement
leave, family medical leave, and health insurance benefits, provided
that it does not include benefits to the extent that the application
of the requirements of this chapter to such benefits may be preempted
by federal or state law.
b. Every
contract, and every amendment to or extension of a contract, to which
the city is a party shall provide that the contractor shall not discriminate
in the provision of employee benefits between an employee with a spouse
and an employee with a domestic partner, subject to the following:
1. In
the event that the contractor's actual cost of providing a particular
benefit for the domestic partner of an employee exceeds that of providing
it for the spouse of an employee, or the contractor's actual cost
of providing a particular benefit to the spouse of an employee exceeds
that of providing it for the domestic partner of an employee, the
contractor shall not be deemed to discriminate in the provision of
employee benefits if the contractor conditions providing such benefit
upon the employee's agreement to pay the excess costs.
2. The
contractor shall not be deemed to discriminate in the provision of
employee benefits if, despite taking reasonable measures to do so,
the contractor is unable to extend a particular employee benefit to
domestic partners, so long as the contractor provides the employee
with a cash payment equal to the contractor's cost of providing the
benefit to an employee's spouse.
c. The
requirements of this section shall apply to the provision of benefits
to all of a contractor's employees within the United States, the territories
of the United States and the District of Columbia.
d. A contractor that does not comply with the requirements of this section shall not be considered eligible or qualified. Refusal of a contractor to agree to the contract provision described in subsection
(b) of this section shall be grounds for rejection of a bid or proposal as non-responsive. Failure of a contractor to comply with the contract provision described in subsection
(b) of this section shall be grounds for termination of the contract and disqualification from entering into future contracts with the city.
e. The contract awarding authority may waive the requirements of subsection
(b) of this section under the following circumstances:
1. Award
of the contract is necessary to respond to an emergency;
2. The
contractor is a sole source;
3. No
compliant contractors are capable of providing goods or services that
respond to the city's requirements;
4. The
requirements are inconsistent with a grant, subvention or agreement
with a public agency;
5. The
city is purchasing through a cooperative or joint purchasing agreement.
f. The
City Manager shall have the authority to promulgate rules, regulations
and procedures as may be necessary to effectuate the purpose of this
section.
(Ord. 03-662 § 1, 2003)
a. Filing a Bid Protest.
1. A
bidder on a city public works project or any other interested person
may object, by following the procedure provided in this section, to
the award of the contract for the project to the person or entity
that submitted the low bid based on grounds that the low bidder is
not responsible or that the bid is not responsive.
2. The
apparent low bidder on a city public works project may object, by
following the procedure provided in this section, to the city staff's
determination that its bid is not responsive or that it is not a responsible
bidder.
3. A
bid protest as described in both paragraphs (1) and (2) above shall
be filed in writing with the City Clerk and shall set forth the reasons
for the objection. Any documents which support the objection must
be filed together with the protest.
4. A
bid protest as described in paragraph (1) above shall be filed with
the City Clerk no later than seventy-two hours after the opening of
the bids.
5. A
bid protest as described in paragraph (2) above shall be filed with
the City Clerk no later than seventy-two hours after city staff informs
the apparent low bidder by email or facsimile that it intends to recommend
that its bid be rejected and the contract awarded to another bidder.
b. Notice of Hearing of Protest.
1. Upon
receipt of a protest challenging a low bidder pursuant to paragraph
(a)(1) of this section, the City Clerk shall mail and fax or email
a copy of the protest to the low bidder, together with any supporting
documents filed with the protest, along with a statement advising
the low bidder of the date, time, and place when and where the City
Council will meet to consider the bids received in connection with
the project. The notice shall advise the low bidder that it may appear
at the City Council meeting and that it will be given an opportunity
at that meeting to rebut the charges made in the protest. The City
Clerk shall also send a letter to the person who protested the award
of the contract, advising of the date, time, and place when and where
the City Council will meet to consider the bids and the protest. Multiple
protests will be consolidated and considered concurrently.
2. Upon
receipt of a protest by an apparent low bidder challenging the staff's
determination that it is not responsible or that its bid is not responsive
pursuant to paragraph (a)(2) of this section, the City Clerk shall
mail and fax or email a letter advising the apparent low bidder of
the date, time, and place when and where the City Council will meet
to consider the bids received in connection with the project and advising
the apparent low bidder that it may appear at the City Council meeting
and that it will be given an opportunity at that meeting to rebut
the staff's determination that it is not a responsible bidder or that
its bid is not responsive.
c. Hearing the Bid Protest. At the hearing, the City Council
shall follow the following procedure:
1. At
the time set for consideration of the bids received in connection
with the project, the City Council shall first hear a staff report.
2. Following
the staff presentation, in the case where another bidder or interested
person is protesting the low bid, the City Council will allow the
protester to make its presentation, and then the Council will allow
the low bidder to rebut the arguments and evidence produced by the
protester.
3. In
the case where staff is recommending rejection of an apparent low
bid, the apparent low bidder will be allowed to present evidence rebutting
the staff's recommendation.
4. The
City Council may, in its discretion, permit rebuttals and surrebuttals
by the parties. The City Council is not required to abide by formal
rules of evidence.
5. At
the conclusion of the hearing, the City Council will decide which
bidder is the lowest responsible bidder based on the evidence produced
at the hearing and award the contract to that bidder or, alternatively,
exercise its right to reject all bids.
6. In
deciding whether a bidder is "responsible," the City Council must
consider the bidder's trustworthiness, and the quality, fitness and
capacity of the bidder to satisfactorily perform the work required
to be performed for the project. Evidence of pervasive and significant
violations of the prevailing wage laws of the State of California
by the bidder on a city project or on public works projects involving
other public agencies must warrant a finding by the City Council that
the bidder is not responsible. In deciding whether a bid is responsive,
the City Council must determine that the bid is complete, responsive
to the bid instructions and does not contain any nonwaivable defects.
(Ord. 09-803 § 1, 2009)
It shall be the policy of the city to obtain, where practical,
supplies and equipment of the highest quality for the lowest cost.
(Prior code § 2703; Ord. 97-505 § 2, 1997)
The authority and responsibility for the purchase of supplies
and equipment for the city shall be vested in the City Manager or
a person acting pursuant to written authorization of the City Manager.
The City Manager shall purchase supplies and equipment in accordance
with the procedures prescribed in this chapter.
(Prior code § 2704; Ord. 97-505 § 2, 1997)
a. Purchases
of supplies and equipment of an estimated value of greater than $25,000
shall be by written contract with the lowest responsible bidder after
notice. Such notice shall invite sealed bids, include a general description
of the supplies or equipment to be purchased, state where bid forms
and specifications may be obtained and specify the time and place
of the opening of bids.
b. Such
notice shall be published in a newspaper of general circulation printed
and published in the city, of if there is none, it shall be posted
in not less than three public places in the city designated by ordinance
for the posting of public notices. The City Manager shall also mail
a copy of such notice to anyone who has requested to be so notified.
c. All
notices pursuant hereto shall be published, posted or mailed, as the
case may be, not less than ten days prior to the date specified for
the opening of bids.
d. When
deemed necessary by the City Council, bidder's security may be prescribed
in the public notices inviting bids. Bidders shall be entitled to
the return of bid security provided that a successful bidder shall
forfeit its bid security upon refusal or failure to execute the contract
within ten days after the notice of award of contract has been mailed,
unless the city is responsible for the delay. The City Council may,
on refusal or failure of the successful bidder to execute the contract,
award it to the next lowest responsible bidder. If the City Council
awards the contract to the next lowest bidder, the amount of the lowest
bidder's security shall be applied by the city to the difference between
the low bid and the second lowest bid, and the surplus. if any, shall
be returned to the lowest bidder.
e. Bids
shall be submitted to the City Manager and shall be so identified
on the envelope. Bids shall be opened at the time and place specified
in the notice inviting sealed bids. Copies of all bids received by
the City Manager shall be retained by the City Clerk for public inspection
during regular business hours for not less than two years following
the bid opening.
f. The
City Council may reject any and all bids, may waive any irregularity
in any bid, and may re-advertise for bids.
g. In the
event that the City Council decides to award the contract, the contract
shall be awarded to the lowest responsible bidder except as otherwise
provided herein.
h. If two
or more bids received are for the same total amount or unit price,
the City Council may accept any one of such bids or may accept the
lowest bid made by negotiation with such bidders following the bid
opening.
i. The
City Council shall have the authority to require a performance bond
before entering into a contract in such amount as it shall find reasonably
necessary to protect the best interests of the city. If the City Council
requires a performance bond, the form and amount of the bond shall
be described in the notice inviting bids.
(Prior code § 2705; Ord. 97-505 § 2, 1997; Ord. 01-605 § 2, 2001)
Purchases of supplies and equipment of an estimated value of $75,000 or less may be made by the City Manager. Purchases up to $25,000 may be made on the open market after solicitation of proposals from prospective sellers in accordance with administrative regulations promulgated by the City; purchases over $25,000 and up to $75,000 shall be made pursuant to Section
3.08.060 above.
(Prior code § 2706; Ord. 97-505 § 2, 1997; Ord. 01-605 § 3, 2001; Ord. 20-1102 § 2, 2020)
Sections
3.08.060 and
3.08.070 shall not apply to the purchase of supplies and equipment under the following circumstances:
a. Such
supplies or equipment are of an estimated value of less than $2,500;
b. Such
supplies or equipment are unique because of their quality, durability,
availability, or fitness for a particular use;
c. Such
supplies or equipment are available from only one source;
d. The
City Manager has determined that exigent circumstances require the
immediate purchase of such supplies or equipment;
e. Such
supplies or equipment are provided by an independent contractor pursuant
to an agreement with the city for the furnishing of labor and materials
for other than the construction of a public works project;
f. Purchases
made through a cooperative purchasing program utilizing purchasing
agreements maintained by the state, county or other public agencies.
(Prior code § 2707; Ord. 97-505 § 2, 1997; Ord. 01-605 § 4, 2001; Ord. 08-798 § 1, 2008)
The City Manager shall inspect supplies and equipment delivered
to determine their conformance with the specifications set forth in
the order or contract. The City Manager shall have authority to require
chemical and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and conformance
with specifications.
(Prior code § 2708; Ord. 97-505 § 2, 1997)
All contractors contracting with the city pursuant to this chapter shall comply with the provisions of Chapters
9.28 through
9.44 of this code, prohibiting discrimination.
(Prior code § 2709; Ord. 97-505 § 2, 1997)
Notwithstanding the requirements of Section
3.08.060,
a local preference may be granted in the purchase of supplies and equipment by the city, pursuant to the following provisions.
a. Definition. Whenever used in this section, the phrase "local
bidder/vendor" shall mean a business, firm, or enterprise with fixed
offices or locally taxable distribution points within the city, which
holds a valid business license, issued by the city, and bearing a
street address within the city.
b. Local Preference. In awarding purchase orders and contracts
for supplies and equipment, the city may grant a preference of four
percent to local bidder/vendors. The bids of all local bidder/vendors
shall be reduced by four percent prior to determining the lowest bidder.
The preference shall not exceed $5,000 for any single purchase order
or contract.
c. Identical Bids. If after applying the preference provided for in subsection
(b) of this section, identical bids are submitted by a local bidder/vender and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by the toss of a coin.
d. Exceptions. Notwithstanding the foregoing, the provisions
of this section shall not apply under any of the following circumstances:
1. When
application of the provisions of this section is prohibited by state
or federal law or the requirements of a state or federal grant;
2. When
a contract with the city to purchase supplies and equipment will be
funded in whole or in part by donations or gifts to the city, to the
extent that the provisions of this section would conflict with any
conditions attached by the donor of the donation, provided that the
donation and any conditions attached to it have been accepted and
approved by the City Council;
3. When
the City Manager determines that a contract with the city to purchase
supplies and equipment results from exigent circumstances, and also
determines either that any delay in the execution or performance of
the contract would jeopardize the public health, safety, or welfare
of the citizens of the city, or that the operational effectiveness
of a significant municipal function would be seriously threatened
if the contract were not entered into expeditiously.
e. Good Faith Effort to Contact Local Merchants. The city shall
make a good faith effort when soliciting bids for supplies or equipment
to solicit bids or proposals from local merchants.
f. City Manager Authorization. The City Manager, or designee,
may promulgate rules and regulations to implement the provisions of
this section.
g. Enforcement and Penalties. In the event that the City Manager,
or designee, makes a finding that a bidder for a contract has made
an intentional misstatement in order to obtain a local merchant preference
under regulations adopted pursuant to this section, the bidder may
be subject to any remedy available to the city at law or equity.
1. A
finding by the City Manager, or designee, that a bidder for a contract
has made an intentional misstatement in order to obtain a local merchant
preference shall be regarded by the City Council as a basis for determining
whether the bidder is a responsible bidder for the present contract
or for future contracts.
2. A
bidder who has been disqualified as a responsible bidder by a determination
of the City Council, based on a finding by the City Manager, or designee,
that the bidder made an intentional misstatement in order to obtain
a local merchant preference, shall be disqualified from bidding on
all contracts with the city for a period of not less than one year
from the date of the disqualification, as determined by the City Council.
(Prior code § 2710; Ord. 97-505 § 2, 1997)