This chapter establishes efficient procedures for the purchase of supplies, services and equipment to allow the city to secure supplies, services and equipment at the lowest possible cost commensurate with the quality needed; while ensuring that the purchasing officer exercises positive financial control over purchases. This chapter does not apply to public construction projects which are subject to Chapter 3.09, authorizing informal bidding for certain public works construction projects, or as dictated by the Public Contract Code.
(Ord. 1148-18 § 1)
There is created a centralized purchasing department in which authority is vested for the purchase of supplies, services and equipment for the city.
(Ord. 1148-18 § 1)
There is created the position of purchasing officer, who is the city manager.
(Ord. 1148-18 § 1)
The purchasing officer is the head of and has supervision of the purchasing department. The purchasing officer shall have authority to:
A. 
Purchase or contract for supplies, services and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing department, and such other rules and regulations as shall be prescribed by the council;
B. 
Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;
C. 
Act to procure for the city the needed quality in supplies, services and equipment at least expense to the city;
D. 
Endeavor to obtain as full and open competition as possible on all purchases;
E. 
Prepare and recommend to the council rules governing the purchase of supplies, services and equipment for the city;
F. 
Prepare and recommend to the council revisions and amendments to the purchasing rules;
G. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
H. 
Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;
I. 
Supervise the inspection of all supplies, services and equipment purchased to ensure conformance with specifications;
J. 
Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;
K. 
Maintain a bidders' list, vendors' catalog file and records needed for the efficient operation of the purchasing department. The maintenance and record of the bidders' list or vendors catalog file shall be the responsibility of each department, independent of the purchasing department.
(Ord. 1148-18 § 1; Ord. 1181-21 § 1)
The purchasing officer, with approval of the council, may authorize in writing the purchase of supplies, services and equipment independently of the procedures established by this chapter, as long as the procurement is consistent with applicable state laws, and shall require periodic reports from the agency on the purchases and contracts made under such written authorization.
(Ord. 1148-18 § 1)
Procurement by the parks, recreation and social services commission is exempt from the procedures for the purchase of supplies, services and equipment set forth in this chapter when that commission elects to purchase supplies, services and equipment pursuant to the process established in Chapter 3.10 of this code.
(Ord. 1148-18 § 1)
The purchasing officer shall inspect supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer 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.
(Ord. 1148-18 § 1)
All using agencies of the city shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time and for such future periods as the purchasing officer shall prescribe.
(Ord. 1148-18 § 1)
All using agencies of the city shall submit requests for supplies, services and equipment to the purchasing officer on standard requisition forms.
(Ord. 1148-18 § 1)
Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.
(Ord. 1148-18 § 1)
Purchases of supplies and equipment in amounts up to one thousand dollars may be made with purchase order and do not require three formal bids. This section does not apply to contracts for services.
(Ord. 1148-18 § 1; Ord. 1181-21 § 2)
A. 
Except as set forth in Section 3.08.100, purchases of supplies and equipment shall be by bid and contracting procedures pursuant to Sections 3.08.120 and 3.08.130. Bidding for supplies and equipment may only be dispensed with when:
1. 
An emergency requires that an order be placed with the nearest available source of supply;
2. 
The commodity can be obtained from only one vendor; and
3. 
Fuel for city vehicles may be purchased as described in Section 3.08.130.
B. 
Sale of surplus personal property shall occur after soliciting three bids or by auction, as determined by the purchasing officer. The purchasing officer may establish written procedures for the sale of surplus personal property through auction. When an auction is selected, the time, place and items to be sold at auction must first be approved by the city council. Once a sale by auction has been authorized by council that sale is exempt from all other provisions of this chapter.
(Ord. 1148-18 § 1)
A. 
Except as otherwise provided in this chapter, purchases and contracts for supplies, equipment and the sale of personal properties of estimated value of one thousand dollars or more must be by written contract with the lowest or highest bidder, as the case may be, pursuant to the following procedure:
1. 
Contents of Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased or sold, and the deadline for receipt of bids by the city.
2. 
Negotiation. Once the bids are received the staff may negotiate lower prices.
3. 
Rejection of Bids. In its discretion, city staff may reject any and all bids presented and may seek new bids.
4. 
Award of Contracts. Contracts shall be awarded by staff or the council, as applicable, to the lowest bidder. The decision of the staff or council, as applicable, shall be final.
5. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, staff may accept the lowest bid made by negotiation with the tie bidders.
B. 
Contracts for services of a professional nature, including architectural and engineering services, are subject to a request for proposal process unless such process is waived in writing by the purchasing officer.
(Ord. 1148-18 § 1)
A. 
After complying with a formal bidding or proposal process required, contracts for the purchase of supplies, equipment, and service in amounts up to five thousand dollars may be executed by the applicable department head if sufficient funds have been appropriated for this use.
B. 
After complying with a formal bidding or proposal process required, contracts for the purchase of supplies, equipment, and service in amounts up to fifteen thousand dollars may be executed by the city manager if sufficient funds have been appropriated for this use. During a state of emergency or unforeseen catastrophe the award limit may be up to fifty thousand dollars.
C. 
After complying with a formal bidding or proposal process required, the recommendation for award of any contracts for the purchase of supplies, equipment, and service in amounts more than fifteen thousand dollars must be presented to the city council.
D. 
The department leading the procurement shall solicit bids or proposals for professional services by written requests to prospective vendors, by telephone and by posting notice of the procurement on the city's website.
E. 
Written bids, or proposals for professional services, shall be submitted to the department seeking bids/proposals, who shall keep a record of all bids and proposals for the period required by the applicable retention policy.
F. 
Local preference is the practice of procurement from Lawndale vendors because they are also local taxpayers. Purchases from Lawndale vendors are strongly encouraged where competitive prices and quality exist. With all specifications and conditions equal except price, a preference will be given to in-city vendors equal to one percent of the quoted price when general fund monies are used for the acquisition. The rationale for local preference is that one percent of the sales tax on most acquisitions returns to the city general fund as revenue, effectively reducing the cost of acquisition.
(Ord. 1148-18 § 1; Ord. 1181-21 § 3)
All using agencies of the city shall submit to the purchasing officer, at such times and in such form as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer shall have authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Such sales shall be made pursuant to Section 3.08.110.
(Ord. 1148-18 § 1)
A. 
All vendors providing paper products and printing and writing paper shall:
1. 
If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of nonrecycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than ten percent of the total cost for non-recycled items.
2. 
Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3. 
Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. 
Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
5. 
Provide records to the city's recordkeeping designee of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 308.150(a)(3) and 308.150(a)(4) for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
6. 
Maintain records required by subsection (A)(5) of this section for five years.
B. 
Definitions.
"Paper products"
include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Printing and writing papers"
include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
"Recycled-content paper"
means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(Ord. 1182-21 § 2)