[1]
Prior legislation: Prior code §§ 2500 – 2507, 2509 – 2511, as amended by Ords. 316 and 483.
In order to establish efficient procedures for the purchase of supplies and equipment, to secure for the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted by this chapter.
(Ord. 622 § 1, 1993)
The responsibility and authority for the purchase of supplies and equipment is vested in the city manager, or such other person as the city manager may designate, who shall be the purchasing officer of the city. The purchasing officer shall have authority to:
A. 
Purchase or contract for the supplies and equipment required by any using department in accordance with the purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing system, and such other rules and regulations as shall be prescribed by the city council;
B. 
Negotiate and recommend the execution of contracts for the purchase of supplies and equipment;
C. 
Act to procure for the city the needed quality in supplies and equipment at the least expense to the city;
D. 
Discourage uniform bidding, and endeavor to obtain the most full and open competition possible on all purchases;
E. 
Prepare and recommend to the city council rules governing the purchase of supplies and equipment for the city;
F. 
Keep informed of current developments in the field of purchasing, prices, market conditions, and new products;
G. 
Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;
H. 
Supervise the inspection of all supplies and equipment purchased to ensure conformance with specifications;
I. 
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 department or which have become unsuitable for city use;
J. 
Maintain a bidders' list, vendor's catalog file, and records needed for the efficient operation of the purchasing system.
(Ord. 622 § 1, 1993)
The purchasing officer may authorize in writing any officer or department to purchase or contract for specified supplies and equipment independently of the purchasing officer; but shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization.
(Ord. 622 § 1, 1993)
All using officers or departments shall file detailed estimates of their requirements for supplies and equipment in such manner, at such time, and for such future periods as the purchasing officer prescribes.
(Ord. 622 § 1, 1993)
Department heads or their designees may verbally request a purchase order number for supplies and equipment from the purchasing officer for purchases of $1,000 or less. For purchases over $1,000, a purchase requisition form must be submitted to the purchasing officer.
(Ord. 622 § 1, 1993)
Purchases of supplies and equipment in excess of $1,000, except in the case of an emergency, shall be made only by purchase order. The purchasing officer may require purchase orders for purchases of less than $1,000.
(Ord. 622 § 1, 1993)
Except as otherwise provided in this chapter, purchases of supplies, equipment and services over $10,000 shall be by written contract and/or approved purchase order with lowest responsible bidder, pursuant to the procedure prescribed in this chapter.
A. 
Notices Inviting Bids. Notices inviting bids shall be advertised by the purchasing officer or designee and shall include a description and specifications of the articles to be purchased, delivery, conditions and discounts, shall state where bid documents and specifications may be secured, the cost of a document and specifications, if applicable, and the time and place for filing and opening bids.
1. 
Public Filing and Notice. Notices inviting bids shall be published twice in an adjudicated newspaper of general circulation 10 days before the date of opening of bids, or when there is no adjudicated newspaper for the city, notices may be posted for 10 days in at least three public places designated for posting public notices in the city;
2. 
Bidders' List. The purchasing officer shall solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto. Failure to do so, however, shall not invalidate the purchase.
B. 
Bidders' Security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security; provided, however, a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within 10 days after the preparation and mailing of the contract unless the city is responsible for the delay. The city council may, on the refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. In such event, if the city council awards the contract to the next lowest bidder, the amount of the lowest bidders' security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid and the surplus, if any, shall be returned to the lowest bidder.
C. 
Bid Opening Procedure. Sealed bids shall be submitted to the city and shall be identified as "Bid," with the project name on the envelope. Bids shall be opened in public at the time and place stated in the public notices or as soon thereafter as possible. Bids received after the deadline established in the notice inviting bids shall be returned to the bidder unopened.
D. 
Rejection of Bids. At its discretion, the city council may waive any irregularity, reject any and all bids presented, and re-notice for bids pursuant to the procedure prescribed in this section.
E. 
Award of Contracts and Purchase Orders. Except as otherwise provided in this chapter, contracts and purchase orders shall be awarded to the lowest responsible bidder.
F. 
Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders.
G. 
Performance Bonds. The purchasing officer shall have the authority to require a bond or bonds before entering into a contract in such amounts as he or she shall find reasonably necessary to protect the best interests of the city. If the purchasing officer requires such a bond or bonds, the form and amount of the bond shall be described in the notice inviting bids.
H. 
No Responsive Bids. When no responsive bids are received, the purchasing officer is authorized to negotiate with prospective vendors for written proposals. The council may consider such proposals, and award the contract or purchase order, if at all, to the lowest responsible bidder.
(Ord. 622 § 1, 1993; Ord. 782 § 1, 2005)
All purchases of supplies, equipment and services of less than the estimated value of $10,000 may be made in the open market following the informal bid procedures set forth herein, and without observing the "formal bid procedures" provided in this chapter.
A. 
Minimum Number of Bids. All open market purchases shall, whenever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder.
B. 
Solicitation of Bids. The purchasing officer shall solicit bids: (1) by direct mail request to prospective vendors; (2) by telephone; and/or (3) by public notice posted on the bulletin board of the City Hall; and by other approaches deemed appropriate by the purchasing officer and as authorized by administrative policy.
C. 
Recording. The purchasing officer shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection.
D. 
Written Quotations. Formal written quotations shall be obtained for the purchase of supplies, services and/or equipment with an estimated value greater than $1,000.
(Ord. 622 § 1, 1993)
The requirements of BGMC § 3.04.080 and § 3.04.090 may be dispensed with:
A. 
When the purchasing officer (for purchases of $10,000 or less) or city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; or
B. 
When the amount of the purchase or sale is less than $1,000; or
C. 
When 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; or
D. 
When the purchase is made from another government agency; or
E. 
When supplies, services or equipment can be produced from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; provided, that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the purchasing officer, it is in the best interest of the city; or
F. 
When an emergency, as determined by the purchasing officer, requires that the purchase or sale be completed within a period of time which will not permit normal bidding or quotation procedures.
(Ord. 622 § 1, 1993; Ord. 782 § 2, 2005)
A. 
Selection of Consultants for Professional Services.
1. 
The procurement of the professional services, legal, accounting, architectural, landscape architectural, engineering, environmental, land surveying, construction management, or other like services, shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Therefore, the contract for professional services need not be awarded to the lowest responsible bidder; however, cost may be considered as one factor.
2. 
The procurement of professional services shall be based on a minimum of three written and/or verbal proposals except when the service is only available from one source or when the time and cost for obtaining additional competitive proposals exceeds the probable savings.
3. 
All professional service procurements, including those less than $10,000, shall be approved by the city manager. Professional services of an estimated value of greater than $10,000 shall require approval of the city council.
4. 
It shall be expressly forbidden to split or separate into smaller projects or job tasks any requirements for professional service for the purpose of evading this section.
B. 
Selection of Consultant for Continuing Professional Services. The procurement professional services, legal, accounting, architectural, landscape architectural, engineering, environmental, land surveying, construction management or other like services may be retained on a continuing basis for a three-year term. Retention on a continuing basis means that the firm is retained to handle projects as assigned during the term of the agreement. This would allow the department director, with the approval of the city manager, to request services from the firm on specific projects, under $50,000, without going through an additional RFP and selection process. The initial selection of a professional firm shall be through the RFP process set forth in subsection (A)(2) of this section. The continuing retention shall either be on a project-by-project or on a retainer basis. At the end of the three-year term, with the exception of city attorney services, a new RFP selection process shall be commenced if there is still a need for said services.
(Ord. 782 § 3, 2005)
Expenditures over $5,000 involving public works projects shall be made in compliance with state law applicable thereto. Other such expenditures shall be made in compliance with the provisions of this chapter.
(Ord. 622 § 1, 1993)
The lowest responsible bidder shall be the bidder who offers to provide the supplies and equipment or perform the work involved according to the plans and specifications therefor for the least amount of money, provided the bidder has the ability, capacity and, where necessary, the required state or other license. Local bidders shall be granted a three percent preference or credit in their bid in order to reflect the advantages that accrue to the city and its residents by the award of a bid to a local vendor. For purpose of this section, "local bidder" shall mean a business having its principal place of business within the jurisdictional boundaries of the city of Bell Gardens.
(Ord. 683 § 1, 1997)
The purchasing officer or designee shall inspect supplies and equipment delivered, to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have the 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. 622 § 1, 1993)
The purchasing officer is authorized to execute on behalf of the city contracts for services whenever authorization is provided by the city council, or those for a sum not to exceed $10,000 and not exceeding one year in duration.
(Ord. 622 § 1, 1993)
A. 
Identification. All departments 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.
B. 
Disposition. Subject to the provisions of state law, the purchasing officer shall have the authority to sell all supplies and equipment valued at $10,000 or less which cannot be used by the city or another department, or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies and equipment. Disposal of such supplies and equipment valued at more than $10,000 shall be by the city council. No action will be taken to dispose of city property until the fixed assets transfer/disposition form is completed and approved by the department director or the director's designee and received by the director of finance.
C. 
Limitations on Acquisition by City Employees/Officers. No city employee or officer may purchase surplus supplies and equipment.
D. 
Government Agency Sales. The city may sell obsolete/surplus personal property to any other tax-supported governmental agency at an established "fair market value" without other bids.
(Ord. 622 § 1, 1993)