Bell City Council
October 22, 2025

Agenda

Regular Meeting of the

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority

Wednesday, October 22, 2025

5:00 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION

BELL COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201

Ali Saleh
Mayor

Monica Arroyo Francis Flores
Vice-Mayor Council Member

Ana Maria Quintana Alicia Romero Council Member Council Member

Welcome to the City Council Meeting

The Bell City Council and staff welcome you. This is your City Government.

Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Community Center, 6250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.

City Council Organization

There are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.

Addressing the City Council

If you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk prior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.

Compliance with Americans with Disabilities Act

The City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588-6211, Ext. 2615, at least one business day prior to the scheduled meeting to ensure that we may assist you.

Statement Regarding Compensation for Membe
rs of the Bell City Council

Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelop ment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.

Meeting of the Bell City Council and Related Agencies
October 22, 2025

REGULAR JOINT MEETING OF THE

Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority

October 22, 2025

5:00 P.M. Closed Session
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh

Communications from the Public on Closed Session Items

This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.

Closed Session

The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4850 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4400-4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, October 22, 2025. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).

The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101

Meeting of the Bell City Council and Related Agencies
October 22, 2025
Property: 7030 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

d. Anticipated Initiation of Litigation pursuant to Government Code Section 54956.9 (d)(3) regarding significant exposure to litigation in two cases.

e. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6400 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

f. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5246/5162 Florence Avenue, Bell CA 90201(Florence Village Mobile Home Park) Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

g. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4874 Gage Avenue, Bell CA 90201 (Bell Mobile Home Park) Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

h. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6624 Flora Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

Reconvene Regular City Council Meeting

Call to Order

Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh

Pledge of Allegiance

City Attorney Report

The City Attorney will report on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

Presentations and Recognitions

a. Citizen of the Month

Meeting of the Bell City Council and Related Agencies
October 22, 2025
Communications from the Public

This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)

Mayor and City Council Communications

Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.

City Manager Report

In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.

Business Session

1. Consideration of a Resolution declaring 6633 ¼ Pine Ave, 6633 ¾ Pine Ave, 6629 Pine Ave and 6633 Pine Ave in the City of Bell, Assessor Parcel Number’s (“APN’s”) 6325 -017-900, 6325-017-901, 6325-017-902 and 6325 -017-903 surplus land under the Surplus Land Act . (Bell Community Housing Authority)

Recommendation: It is recommended that the Chair and Members of the Board Bell Community Housing Authority of the City of Bell:

1. Rescind Resolution No. 2025-30; and

2. Read by title only, waive further reading and adopt Resolution No. 2025-59 titled:

A RESOLUTION OF THE BELL COMMUNITY HOUSING

AUTHORITY OF THE CITY OF BELL, DECLARING CERTAIN
PROPERTY LOCATED AT 6633 ¼ PINE AVE, 6633 ¾ PINE AVE,
6629 PINE AVE AND 6633 PINE AVE IN THE CITY OF BELL,
ASSESSOR PARCEL NUMBERS (APN’S) 6325 -017-900, 6325-
017-901, 6325 -017-902 AND 6325 -017-903 (THE
“PROPERTIES”) SURPLUS LAND PURSUANT TO THE
SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS 54220
ET SEQ.)

2. Approval of Amendment No. 1 to the Agreement for Contract Services with Universal Protection Services, LP (DBA Allied Universal Security Services) for Jail Services . (City Council)

Recommendation: It is recommended that the City Council approve Amendment No. 1 to the Agreement for Contract Services between the City of Bell and Universal Protection Services, LP, exercising both of the two (2) available one-year extension options, extending the term of the agreement through June 30, 2026, at an annual cost not to exceed $338,810.00.

3. Approve an Agreement Between the City of Bell and Transtech Engineers for Project Management, Construction Management, Inspection and Grant Management Services for the

Meeting of the Bell City Council and Related Agencies
October 22, 2025
Pritchard Field Project- Phase 2. (City Council)

Recommendation: It is recommended that the City Council approve the following:

1. Approve the Professional Services Agreement between the City of Bell and Transtech Engineers for Project Management, Construction Management, Inspection and Grant Management Services for the Pritchard Field Project - Phase 2 in the amount of $170,326; and

2. Authorize the City Manager or his designee to execute change orders in a total amount not to exceed $17,033 (10% of the proposed fee) for any necessary additional work.

4. June 2026 Election Calendar. (City Council)

Recommendation: It is recommended that the City Council receive and file the June 2026 Election calendar.

Consent Calendar

The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

Recommendation: Approve agenda items 5 through 9.

5. Receive and File the Donation Report for the Month of September 2025. (City Council)

6. It is recommended that the City Council approve a New Agreement with The Lew Edwards Group to provide Fiscal Sustainability Services in the amount not to exceed $70,875.00. (City Council)

7. It is recommended that the City Council receive and file the revised purchasing policy and current forthwith Resolution 2023-63. (City Council)

8. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of October 22, 2025. ( Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

9. Minutes for the Adjourned Regular City Council Meeting of October 7, 2025. (City Council)

Pending Items – None

Next Regular Meeting Wednesday, November 12, 2025

I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted October 17 , 2025 at least seventy-two (72) hours prior to the meeting as required by law.

__________________________
Angela Bustamante, City Clerk

REGULAR MEETING OF THE

BELL CITY COUNCIL AND RELATED AGENCIES

October 22, 2025

5:00 P.M. Closed Session
7:00 P.M. Regular Session

INDEX

Agenda Category Item Number Page Numbers

CLOSED SESSION a – h

AGENDA & INDEX 1-7

PUBLIC HEARINGS None

BUSINESS SESSION 1 8-16
2 17-78
3 79-119
4 120-122

CONSENT CALENDAR 5 123-124
6 125-157
7 158-206
8 207-279
9 280-286

E Gage AveGage Ave
E Florence Ave
Florence Ave
Woodward Ave
Gifford Ave
Randolph Pl
Vinevale Ave
E 61st St
Atlantic
Ave
S Atlantic Ave
Bell Ave
Flora Ave
Atlantic Ave
Flora Ave
Carmelita Ave
Bissell St
Fishburn Ave
Pine Ave
eliotrope Ave
Live Oak St
Bear AveSmith St
Heliotrope Ave
Randolph St
Southern Pacific RR
Flora Ave
Heliotrope Ave
Salt
Lake
Ave
Bell Pl
Walnut St
Fishburn Ave
King Ave
Randolph St
California Ave
Gifford Ave
S Maywood Ave
Otis Ave
E 60th St
Park Dr
Woodward Ave
California
Ave
Union Pacific RR
Nevada St
at and Sf Rlwy
Corona Ave
Bear Ave
Clarkson Ave
Union Pacific RR
Corona Ave
Flora Ave
Acacia St
Atlantic Ave
S Atlantic Ave
Brompton Ave
Pine Ave
Riverside Ave
Flower St
Pine Ave
Beck Ave
Corona AveSan Luis Ave
King Ave
Bell AveBrompton Ave
California AveLoma Vista Ave
Orchard Ave
Fishburn Ave
Carmelita Ave
Atlantic Blvd
Riverside Ave
Bear Ave
Corona Ave
E 60th Pl
E 61st Pl
Bear Ave
Mayflower Ave
King
Ave
Woodward Ave
Lucille Ave
Orchard Ave
WeikAve
Bear Ct
Salt
Lake
Ave
Prospect Ave
Federal Ave
Weik Ave
Pr
Loma Vista Ave
Vineva A
Filmore St
Clarkson Ave
Brompton Ct
E 59th Pl
Walnut St
Bell Pl
Weik Ave
Brompton Ave Flora Vista Dr
Minnewa Ln
Nelson Dr
Bear Ave
Beck Ave
Weik Ave
He
liotrope
Cir
Nelson Dr
Ave
ewerHAvfloveE ospectMayle
60th Pl
Beck Ave
California St
Otis Ave
Anita Dr
Benedict Way
Prospect AveMayflower AveVinevale Ave
Palm Ave
Clarkson Ave
Orchard Ave
E 59th Pl
Palm Ave
Live Oak St
Weik Ave
Beck Ave
Riverside Ave
Bell Ave
Georgia AveProspect Ave
Loma Vista PlLoma
Vista
Ave
Malburg Way
Pine AveUnion
Pac
ificRR
Legend
500' Radius
City Council Member
Property
City Boundary
x
x 6633 Pine

13367 Benson Avenue | Chino CA 91710 | T 909 595 8599 | F 909 590 8599 | Transtech.org About Transtech Video Highlight:

CLICK HERE

October 3, 2025

City of Bell
Attn: Michael L. Antwine II, City Manager
6330 Pine Ave
Bell, CA 90201
E: [email protected]

Subject: Task Order Proposal for Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

Dear Mr. Antwine:

Per City’s request, Transtech is pleased to submit this task order (Pursuant to the Professional Services Agreement between the City of Bell and Transtech Engineers, Inc. for Project Management, Construction Management & Inspection Services dated March 8, 2023) for the following services:

Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

The work entails providing project management services to prepare construction bid package, as well as providing construction management , inspection, federal funds management and labor compliance services during construction phase for the Project, Phase II Improvements.

Project Understanding:

The work generally involves construction of parking lot, dog park, monument sign, shade structure, landscaping and hardscaping improvements to complete Phase II of Pritchard Field Improvements project.

The first phase of the construction including non-federal funds was completed in May 2025. The City received FY 24 Community Project Funding (CPF Funds) through federal government in the amount of $1,116,279 for the project. Due to funding compliance requirements, the City did not utilize these federal funds as part of the Phase I Improvements. While Phase I Improvements were under construction, the City concurrently coordinated the funding requirements for the CPF Funds including preparation of NEPA environmental documents and coordination of funding agreement for CPF Funds.

October 3, 2025
City of Bell
Subject: Task Order Proposal for Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

The City informed Transtech that the City has finalized the necessary coordination for the federal requirements and the City would like to finalize the construction bid package for Phase II Project , advertise for construction bids and proceed with construction activities.

As part of the proposed effort, Transtech will compile the construction bid package using the plans, specifications and estimates prepared by the Engineer of Record (EOR), IMEG, for Phase II Improvements.

The construction duration is anticipated to be 60 working days.

Scope of Services:

Below are the tasks that will be provided during the final bid package preparation and construction phases:

Project Management Services During Final Bid Package Preparation:

• Provide project management oversight during the final bid package preparation for Phase II.
• Attend meetings with the City to finalize Phase II scope. • Prepare City front end bid package by incorporating plans, specifications and estimates prepared by the design engineer.
• Coordinate the advertisement of project.
• Respond to bidder inquiries during the bidding process, including preparation of any addenda.
• Review and analyze bids received and prepare recommendation for the award to lowest responsive bidder.

Construction Management And Inspection Services:

• Managing construction activities and project controls. • Monitoring the Contractor's baseline schedule, master construction schedule, and any updated construction schedules.
• Conducting Pre-construction meeting with the contractor, City, and other involved parties. • Conducting construction progress meetings with the contractor, City, and other involved parties.
• Preparation and distribution of meeting minutes.
• Performing public works inspections.
• Responding to complaints and resolving problems as necessary. • Reviewing contractor change order requests, and preparing necessary documentation for submittal and approval or denial by the City.
• Reviewing and verifying contractor pay requests and preparing necessary documentation for submittal and approval by the City.

October 3, 2025
City of Bell
Subject: Task Order Proposal for Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

• Managing contract cost accounting system and preparation of a log of all Contractor's Progress Billings.
• Providing labor compliance services:
o Review files to ensure required documentation was obtain for:
▪ Pre-construction meeting
▪ Prime and subcontractor certified payrolls & related documentation (i.e.) Certified Payroll, Statement of Compliance, Fringe Benefit Statement, Employee Interviews, Authorized Deductions,
Apprenticeship Certification, etc.)
o Labor Standards Enforcement for Primes and subcontractor(s), if any. o Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable Davis -Bacon Wage Decision.
o Review Contractor’s compliance with all State and Federal required postings. o Review worker classification and wage rate of the project workforce conforms to the applicable Wage Decision and inspector daily reports. o Identify violation and investigate complaints of underpayment to workers.

Submit and file all required forms to appropriate parties. In the even any labor violations and reported and investigation confirm the violations, prepare investigate reports and backup.
o Identify labor deficiencies and prepare letters of finding. Notify the prime contractor in writing of any labor discrepancies or suspected violation and define the corrective actions to be taken. Final resolutions will be documented. • Providing Section 3 Compliance services:
o Bid Package Review for CDBG Compliance.
o Attendance of mandatory CDBG Pre-Bid Meeting.
o Provide CPR Review during Construction including:
▪ Section 3 Worker Certification
▪ Total Labor Hours
▪ Section 3 Worker Hours
▪ Targeted Section 3 Worker Hours
▪ Total Section 3 Hours
▪ Percent of Section 3 Hours
▪ Percent Targeted Section 3 Hours
o Targeted Section 3 Certification
o Section 3 Business Concern Certification
o Monthly Section 3 Utilization Reporting
o Section 3 Economic Opportunity Report
• Providing funding administration services:
o Prepare grant award package including attachments.
o Prepare and submit all required reporting, reimbursements requests and project closeout in DRGR.
o Coordinate submission of City prepared NEPA to HEROS for HUD approval. • Conducting project walk-through(s) and preparing punch list(s).

October 3, 2025
City of Bell
Subject: Task Order Proposal for Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

• Maintaining proper project files and documentation.
• Coordinating close out of the project.
• Presenting to the City project close out file.

Fees:

Classification Classification Classification
Principal, Sr.

Proj.

Manager,
Construction
Sr. Project
Inspector
Office Eng/
Staff Eng
Av. Hrly Rate Av. Hrly Rate Av. Hrly Rate
$216 $160 $155
20 0 45 65 $11,295
8 8 8 24 $4,248
Assumed
Field
Inspection
Total Hrs =
60 work
days
level of
effort
60 480 120 660 $108,360
8 8 8 24 $4,248
96 496 181 773
$20,736 $79,360 $28,055 $128,151
$10,000
$32,175
$170,326
Above level of effort, durations and staff classifications and their hourly rates are average, and may be adjusted/re- allocated between staff and tasks as necessary depending on actual work progress and needs.

Total
Fee
Total
Hours
Construction
Phase Services
Project Management Services
Total Estimated Budget
Post-Construction Phase Services (Project
Close-out)
Total Hours (Transtech)
Total Fee (Transtech)
FEE

PROPOSAL
Pre-Construction Phase Services
Budget Allocation for Materials Testing and Inspection by subconsultant (Services provided by subconsultant: Geo-Advantec)
Labor Compliance and Funds Management by subconsultant (Services provided by subconsultant: Avant Garde)

Thank you for the opportunity to submit this task order proposal.

Should you have any questions, please contact the undersigned.

October 3, 2025
City of Bell
Subject: Task Order Proposal for Project Management, Construction Management, Construction Inspection, Federal Funds Management and Labor Compliance Services for Pritchard Field Phase II (Community Project Funding) Improvements

Respectfully submitted.

Approved by:

________________________________________ _________________________ ____________ Name/Title Signature Date

Okan Demirci, PE, QSD, QSP, Project Manager
E: [email protected]
C: 714-319-6137; O: 909-595-8599

MEMORANDUM
To: Department Heads �
From: Howard W. Brown,Jr.,City M�DaY,(r\:/
CC: CityStaff L/
Date: July 22,2016
Re: City Ordinance No. 1192 Purchasing Policy for purchases under $10,000

Background
On July 7, 2016, a City Manager's meeting was held with the department heads; a discussion was held regarding the development of a policy for purchases under $10,000. Mr. Robert "Shoe" Severson presented to the senior staff the purchasing policy for purchases under $10,000 pursuant to sec.

3.12.080 (2) City Ordinance No. 1192. This policy was adopted on January 16, 2013. At the City Manager's Meeting, all departments were advised to provide comments back to finance department on or before Friday, July 15, 2016. I have been notified by the Finance Department that there was only one (1) verbal comment by the Community Development Department.

Directive

Effective Monday, July 25, 2016, all departments will be required to follow the attached policy as it relates to purchases under $10,000. Section 3.12.080 (2) requires adoption of operational procedures for making small purchases of less than $10,000. Further, for the purposes of administration of this specific code,each department is hereby responsible to designate a purchasing officer.

PLEASE MAKE SURE ALL OF YOUR EMPLOYEES ARE PROPERLY TRAINED ON THE ATTACHED POLICY AND PROCEDURE.

END OF MEMORANDUM

City of Bell Purchasing Procedures
Overview

Policy and Purpose
Policy Statement: to secure services, supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to assure the quality of purchases.

Purpose: The purpose of this Manual is to provide the City of Bell a means of assuring continuity and uniformity in its purchasing practices, provide departments with guidelines to assist them so that they are operating purchasing practices within legal regulations, and to define responsibilities of the Purchasing Office and operating departments. This Manual implements Chapter 3 of the Bell Municipal Code (BMC). In the event of any conflict between the BMC and this Manual, the provisions of the BMC shall control.

What are the goals of this Manual?
The Purchasing Manual ("Manual") documents the procedures and associated roles and responsibilities for purchasing/contracting with consultants/ contractors/vendors for the provision of goods and services to the City of Bell ("City") and its residents.

These guidelines aim to increase the accuracy and efficiency of implementing and monitoring the purchasing and contracting processes.

Who is the Manual for?
The Manual are distributed to all departments and should be used as a reference by anyone responsible for purchasing or contracting with consultants, contractors or vendors. The Bell Municipal Code (BMC) sets the City Manager or his or her designee with the authority and responsibility for purchasing. This Manual also defines the roles and responsibilities of the Initiator/Project Manager, the Contract Administrator, the Purchasing Coordinator, and the City Clerk in the purchasing and contracting process.
• The City Manager has designated the City Department Directors as "Purchasing Officers."
• The City Manager has designated the City Clerk as the "Contract Administrator."
How often is the Manual updated?
The Manual is to be reviewed regularly and updated as needed. All changes to the Manual are subject to the written approval of the City Manager.

What is the City's Purchasing Philosophy?
The City's purchasing philosophy is procuring goods and services that represent the best quality and value in an open and competitive market. The City strongly encourages broad participation in the procurement process and invites all businesses to register with the City to be notified of upcoming bids and proposals.

Opportunities are advertised regularly through the City's website and other means to encourage a wide range of respondents.

Applicability of Manual When Grants Funds are Used to Fund or Partially Fund the Purchase
If grant funding will be used, it is the Project Manager's responsibility to insure that all applicable requirements of that funding are included in any contract, agreement, amendment or change order. Additionally, it is the responsibility of the Project Manager to insure compliance with all applicable requirements of that funding, including securing approval of grant prior to incurring any expenditure, approval of eligible expenditures, reporting requirements, etc..

Responsibilities of Departmental Purchasing Officer
The Purchasing Officer is responsible for the procurement of supplies, general services, equipment, and special equipment (which are not included within a construction contract); review of construction, professional, and management services; establishing and administering purchasing and procedures; and for the management of surplus City property. To perform these functions efficiently and assist operations, the Departmental Purchasing Officer shall:

1. Recommend the execution of contracts for the purchase of supplies, general services, special equipment, and services;

2. Keep informed of the current developments concerning purchasing, prices, market conditions and new products and recommend revisions to purchasing procedures when necessary;

3. Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing system;

4. Coordinate the process with other operating departments for the purchase of all supplies, general services, special equipment, and services purchased to assure conformance with City specifications;

5. Supervise the transfer of surplus and unused supplies and equipment or sale/disposal of such;

6. Maintain an up-to-date bidder list, vendors' catalogs, files and such other records as needed to perform these duties. Coordinate vendor relations, locate sources of supply, maintain vendor listing and evaluate and document vendor performance;

7. Assist other operating departments with research and recommendations in developing specifications; review specifications for completeness of

information, and ensure that purchasing specifications are open and non- r
estrictive to encourage full competition;

8. Identify, evaluate, and utilize purchasing agreements that best meet the City's needs (i.e., cooperative purchases, blanket purchase orders, contractual agreements, etc.) and

9. Perform such other tasks as may be necessary for the proper conduct of purchasing supplies, general services and equipment.

Purchasing Officer
The Purchasing Officer is the designated representative of the City Manager per BMC 3.12.020. The City Manager has designated the Department Director as Purchasing Officer for their departments. Purchasing Officer's may delegate duties to a city employee within their department, provided the City manager has approved the delegation. The Purchasing Officer shall:

1. Be charged with the responsibility and authority for coordinating and managing the procurement of departmental supplies, general services, equipment, and special equipment according to these policies;

2. Negotiate, purchase and contract for supplies, general services, equipment, and special equipment/services in accordance with the BMC and the policies prescribed herein;

3. Purchase or contract for the City the needed general services, supplies, equipment, and special equipment/services from the lowest responsive and responsible bidder;

4. Ensure full and open competition on all purchases; if sole source, ensure proper documentation is on file signed by the requesting Department Director;

5. Ensure that there exists an unencumbered appropriation in the fund account against which any purchase is to be charged, except in cases of urgency;

6. Make purchase award recommendations to the appropriate authority following the monitory guidelines of the BMC and

7. Review the purchase of services and construction for compliance with policies, procedures, laws, and communicates any policy deviations to the City Manager, Finance Director and City Attorney.

Responsibilities of Operating Departments

1. Provide at the beginning of each fiscal year, an updated authorized signature list to the City Manager designating those individuals who are delegated the authority to make purchases pursuant to the Manual as described herein.

2. Department Directors may authorize purchase of supplies, equipment, special equipment/supplies, and services in accordance with the dollar thresholds established by the City Manager. Departments must keep a record of such

purchases and exercise reasonable prudence in seeking price quotes when purchasing such items.

3. Ensure that there exists an unencumbered appropriation in the fund accounts against which any purchase is to be charged.

4. All purchases under $10,000 must be approved by Department Manager and purchases over $10,000 must conform to BMC 3.

5. Anticipate requirements sufficiently in advance to allow the Department Purchasing Officer adequate time to obtain goods in accordance with the best purchasing practices.

6. Inspect all supplies, general services, special equipment, and services purchased to assure conformance with City specifications.

7. Provide detailed, accurate specifications to ensure goods obtained are consistent with requirements and expectations.

8. $300.

9. Inform the Department Purchasing Officer of any vendor relations problems, shipping problems (i.e., damaged goods, late delivery, wrong items delivered, incorrect quantity delivered, etc.) and any situations which should be brought to the their attention.

10. Minimize urgent and sole source purchases and provide written documentation on the Purchase Order Supplement sheet signed by the Department Director when such purchases may be necessary.

11. Follow the bidding limits and procedures as established by the Municipal Code and this Manual.

12. Assist with the review of all bids over $10,000 received for compliance with specifications, and provide the City Manager with written documentation regarding findings. After purchasing review, prepare a recommendation for award of the bid to the appropriate approval authority.

13. Notify vendors of purchase award.

Responsibilities of Finance Department

1. Ensure that there exists an unencumbered appropriation in the fund accounts against which any purchase is to be charged.

2. Relieve purchase orders when an invoice is processed for payment that involves a purchase order.
to initiating any procurement greater than
Submit to the Department Purchasing Officer a purchase requisition form prior

3. If an invoice is presented for payment that should have a purchase order and does not have a purchase order, contact the ordering department and resolve the deficiency prior to processing for payment

4. If a payment exceeds the purchase order limit notify the issuing department.

Do not process the invoice for payment until the deficiency has been resolved by the department submitting the invoice.

Vendor Relations
It is to the City's advantage to maintain and promote good relations with suppliers of goods and services. Purchasing and operating department staff shall conduct their dealings with vendors in a professional manner and shall promote equal opportunity and demonstrate fairness, integrity, and courtesy in all vendor relations.

Operating departments may make direct contact with vendors for such purposes as obtaining price quotes, developing service contracts, utilizing RFP/Q's, obtaining
technical information, obtaining cost estimates for budgeting or purchasing purposes, for preparing purchase requisitions and for placing orders for authorized purchases.

The Department Purchasing Office will be the main contact in bid situations.

Consultant Payments and Reimbursable Expenses

1. The City shall not pay a consultant more often than monthly, except when the payment represents final payment on an agreement/contract.

2. Payments are for worked performed, therefore there shall be no advance payments. Payments are permitted for progress on tasks within an agreement/contract, but only in an amount that does not exceed an amount based upon the percentage of completion and total amount for that specific task provided this payment method is a part of the agreement/contract.

3. The City may reimburse consultant for out-of-pocket expenses provided those expenses are included in the agreement/contract or there is written approval by the City Manager before the out-of-pocket expense in incurred.

4. Contracts
The Manual use the terms "contract" and "agreement" interchangeably throughout this document. It is intended that both terms have the same meaning. Contracts shall be prepared for professional, management, general or special services, and construction services for $25,000 and over. All City contracts over $25,000 shall be reviewed by the City Attorney and approved by the City Council. Executed contracts and amendments shall be submitted to City Clerk Department for final processing.

Local Preference
To promote economic development and maintain a healthy economic base in Bell, as well as encourage businesses to move into the City's jurisdiction, the City supports employment and local business opportunities, which in turn promotes the City's economic growth. The City Council or the City Manager may give preference

to a local business that meets the requirements of BMC 3.12.100 Awards of Contracts to Local Businesses.

This local vendor preference is expressly made inapplicable to:

1. Bids for public projects as defined by Public Contracts Code Sections 20161 and 22002;

2. Bids funded by grants, which prohibit its use and

3. Contracts for professional, management, and special services.

Ethical Standards and Conflict of Interest
A Overview
The City is extremely sensitive to what constitutes unethical purchasing behavior and what, while legal, constitutes the appearance of unethical behavior. Specific dollar limits have been established in regard to acceptance by City staff of gifts from vendors, disclosure of employee financial interest in companies doing business with the City, the employment of present and former employees, and the use of confidential information.

Conflicts of interest occur when a conflict exists between the public interest and the private monetary interest of the public official or employee. Conflicts of interest can also occur with regard to individuals who have left government employment. When former public officials are able to exert undue influence over the purchasing process because of their past personal connections inside government1 the situation is called "the revolving door." The term also applies to situations in which contractors have some influence that would gain them a competitive advantage in purchasing.

B. Ethical Standards
In general, City employees shall not make any attempt to realize personal gain directly or indirectly through a purchase or service provided to the City, including the following:

1. The employee or any member of the employee's immediate family has a financial interest in the purchase or service;

2. A business or organization, in which the employee or any member of the employee's immediate family has a financial interest, is involved in the purchase or service;

3. Any other person, business or organization, with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment, is involved in the purchase or service and

4. No City employee operating a business outside of their current City employment shall do business or provide a service for the City through their outside employment.

C. Employee Conflict of Interest

1. Employee Disclosure Requirements. The City Council (under guidelines established by the Political Reform Act) has identified specific City positions required to disclose financial interests.

2. Kickbacks. Kickbacks are "financial payments for receiving a contract." Kickbacks are illegal.

3. Restriction on Former Employees. Any purchase order or contract affecting the financial interest of a former City employee, member of City Council, or any former appointed member of a City Commission, Board or Committee, shall be awarded solely by the City Council at a public meeting and may not be awarded during a period which is five years after the end of that person's term of service to the City.

4. Use of Confidential Information. Purchasing Officers are frequently made privy to confidential information in the course of their duties, and the prohibition against the misuse of confidential information is just as fundamental to ethical purchasing as it is to any other sphere of government.

Employees and former employees should not knowingly use confidential information for actual or anticipated personal gain or for the gain of any other person.

Purchase of Supplies, Equipment, and Non-Professional Services Non-professional services/equipment/supplies - include those activities which do not require a high degree of professional certification, specialized expertise, or unique skill, such as maintenance services. When purchasing/contracting non-professional services/equipment/supplies, the contract/agreement is awarded to the best qualified consultant/contractor/vendor.

Dollar Thresholds, Approval Levels and Documentation Requirements Approved at August 27th City Council Meeting.

How does the City select the best qualified vendor for commodities (i.e., equipment and suppiies) and non-professionai services?
In determining the best qualified vendor, BMC specifies consideration will be given to quality and performance of the equipment or supplies or non-professional services.

The criteria to be considered including but not limited to the following:
• Cost and conformity of product or service to the required specifications; • Ability, capacity and skill to perform the contract or provide the supplies or services;
• Ability to provide the commodity or services promptly without delay or interference;
• Character, integrity, reputation, judgment, experience and efficiency of the vendor;
• Performance on previous purchases or contracts with the City; • Ability to provide future maintenance repair parts and services; • The bidder's involvement in prior or current litigation or contract disputes could preclude selection;

• Current compliance with Federal and State law and
• In some cases, the City participates in multiple award contracts, such as CALNET 2 for telecommunications services, to obtain reduced pricing.

Small Dollar - Under $5001
This is the purchase of supplies or services using an open market procedure, however, the aggregate amount of purchases cannot exceed the small dollar purchase threshold. Additionally, the person making this type of purchase needs to determine that the price to be paid is reasonable. Bell uses this in order to expedite the completion of its small dollar purchase transactions and minimize the associated administrative burden and cost.

Written Quotes - $5,001 to $10,000
The employee making purchases are to secure at least three quotes. The quotes are to be written on the Purchase Order Supplement and attached to the purchase requisition submitted to the Department Purchasing Officer.

Informal Purchases - Request for Quotation (RFQ) - $10,001 and under $25,000

1. To initiate the RFQ process, operating department staff, under the direction of their department director, shall provide specifications for the item to be purchased, and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. The Purchasing Office shall solicit price quotations from at least three (3) vendors as prescribed by BMC 3.12.080 (A) (1) and this Policy/Procedures Manual.

2. Requests inviting quotations shall include a general description of the goods, articles, services or equipment to be purchased.

3. Vendors shall be solicited to submit price quotations by use of sealed bidding methods, electronic facsimile, or electronic mail.

4. Award shall be made to the responsive and responsible vendor who offers the lowest acceptable quotation that best meets the needs of the City.

5. S ole source purchases of $10,000 or more shall conform to requirements of BMC 3.12.080 (B) (1).

6. The names of vendors submitting quotations shall be recorded and maintained as a public record.

Formal Bid Process -Request for Proposals (RFP) aggregate annual value equal to or exceeding $25,000

1. To initiate the bid process, operating department staff, under the direction of their department director, shall provide specifications for the item to be purchased, and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. The Purchasing Officer shall solicit formal bids as prescribed by BMC

3.12.060 and this
Policy/Procedures Manual. The department initiating the purchasing will coordinate with City Clerk a bid opening date and publication of the bid in the local newspaper. See City Clerk for publication deadlines.

2. Notices inviting formal bids to at least three (3) prospective bidders shall be posted at City Hall and other public posting locations including the City's website. Notice shall include a general description of the product or service required, the place, date, and time of bid opening and adequately detailed specifications and contract terms as applicable to the purchase.

3. The City may require bidders' security in form of a bid bond, performance bond, payment bond or other security as may be required by the Purchasing Officer as prescribed in BMC

3.12.060 (D).

4. Oral interpretation of written bid specifications shall not be made to prospective bidders per BMC 3.12.060 (E). All communication shall be in writing.

5. Sealed bids shall be submitted to the City Clerk and shall be opened publicly at the date, time, and place stated in the notice inviting bids. A written record and tabulation shall be made at the time all bids are received. After the City has identified the awardee, a 'Notice of Intent to Award" will be sent to all actual bidders. Protests must comply with requirements of BMC 3.12.140.

6. A representative of the requesting department shall review all bids received for compliance with specifications. All deviations from the specifications shall be fully documented by the requesting department, and the impact of the deviations on the performance or suitability of the bid item evaluated and detailed. The requesting department shall review its findings with the Purchasing Office staff. Upon concurrence with the department's recommendation by the Purchasing Office, the department will prepare and send out a Notice of Intended Award to all persons who submitted a response to the City's solicitation.

7. The City Council may reject all bids or award the purchase contract to the lowest responsive and responsible bidder whose bid fulfills the intended purpose according to criteria designated in the solicitation, provided that an unencumbered appropriation exists for the purchase. The City Council may waive any minor bid irregularities. If bids are rejected, the City Council may authorize Purchasing staff to negotiate a contract for the purchase, initiate the rebid, or abandon the purchase.

8. Quality and service being equal, the City's ultimate receipt of sales tax shall be considered in determining the lowest price. The City Council may provide,

from time to time, incentives for vendors supplying recycled goods. Also, incentives to local business per BMC 3.12.1oo.

9. If two or more bids are received for the same total amount or unit price, quality and service being equal, then the City Manager or the City Council may choose the bid that serves the best interest of the City.

10. Contracts for Public Works projects, as defined in Public Contract Code §§ 1101and 20161, shall be let in compliance with the California Public Contract Code, including, without limitation, Public Contract Code§ 20160 et seq. All contracts valued at $25,000 or greater require City Council approval.

Emergency Purchases
Emergency purchase of materials, supplies, equipment or services when there exists a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services is permitted by BMC 3.12.080 (C).

Cooperative Purchasing
The City may enter into agreements involving the purchase of materials, supplies, equipment, vehicles, apparatus, or services in cooperation with another local, county, State1 Federal, or other public entity, school district, or League of California Cities is permitted by BMC 3.12.080 (D).

Standardization
Supplies, materials, equipment or services that have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the City, the purchase can be single sourced. Justifications for standardization are recorded and maintained as public record.

Competitive Proposals
When competitive bidding is determined to be contrary to the best interests of the City, the competitive proposal method may be used to enter into a contract following:

1. The request for proposal shall identify all significant evaluation criteria and the procedures to be used for evaluation and selection for negotiation and/or contract award;

2. Notice of a request for proposal is published at least ten (10) days prior to date of proposal opening on the City Web Site.

3. Proposals shall be opened publicly at the time and place specified in the request for proposal;

4. The City may, at any time, waive or modify any element of the request for proposal and/or any evaluation criterion. The City may elect to negotiate with one or all offerers that the City determines have a reasonable chance of selection, based on price and other factors stated in the solicitation.

Professional and Personal Services
Professional services are those activities to be performed by specially trained persons or firms who provide services in connection with financial, economic, accounting, engineering, administrative or other matters involving specialized expertise or unique skills. There is no bidding requirement for this type of service, since the person or firm is being hired based on their qualifications, not lowest price.

The price, however, should be reasonable.

The City is required by State law (GC § 4526) to select vendors for architectural, landscape architectural, engineering, environmental services, land surveying, and construction project management services based on demonstrated competence and professional qualifications, rather than competitive bidding, and at fair and reasonable prices. The City shall use a competitive proposal procedure to determine the best qualified vendor for professional services.

Attachments:

Purchase Order Supplement
Bell Purchasing Ordinance No.
1192
California Public Contract Codes section 1101, 3400, 4526, 20160-2017 4 and 22002 IRS Exemption Requirements 501(C)(3) Organizations

Please Check One:

CITY OF BELL

PURCHASE ORDER SUPPLEMENT
This purchase is under $5,001 and does not require a purchase order.

This purchase order is under $1,000 and does not require additional quotations.

This purchase order is $1,000 or over, but under $5,000 and requires 3 verbal quotes. See quote info below.

This purchase order is $5,001 or over, but under $10,000 and requires 3 written quotes. Quote info attached to purchase order. Justification of Single Source procurement is attached to Purchase Order This purchase order is for a commodity available only through a sole source provider and does not require multiple quotes.

This purchase is being made during an emergency from the nearest available source of supply. Purchase is in compliance with Bell Municipal Code Chapter 3.12.0B0C.

This purchase is-an exempt professional service: (circle one) architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; solid waste disposal services

This purchase is made in cooperation with the State, the County, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications.

The quotes obtained for the Purchase Order were:

Vendor Name # 1
Vendor Name# 2
Vendor Name# 3

Item Description Cost
Vendor#1
Cost
Vendor#2
Cost

Vendor#3
Comments:

Vendor Chosen: Reason:

Approved by: Date: _

Bell Municipal Code
Chapter 3.12 PURCHASING
Note
• Prior history: prior code §§ 2800-2808. 2810. 2811: Ord. Nos. I 127 and 1172.

3.12.010 Adoption of purchasing system.

The procurement system contained in this chapter is adopted in order to establish an efficient, equitable and uniform procedure for the purchase of materia ls, supplies, equipment, and services at the lowest possible cost commensurate with the quality needed, to exercise financial control over purchases, and to clearly define authority for procurement functions. All city procurement shall comply with applicable provisions of the City Charter, this code and alI relevant provisions of law, and shall be only used to acquire materials, supplies, equipment and services for which the city council has appropriated funds. The provisions of this chapter apply to all procurement of any nature including as follows: materials, supplies, equipment, labor, public works projects, and services, including professional services. (Ord. 1192 § 1, 2013)

3.12.020 Authority of purchasing officer.

A. The chief administrative officer or designee shall serve as the purchasing officer for the city.

Except as otherwise provided, the purchasing officer shall serve as the principal public purchasing official for the city, and shall be responsible for the purchase of materials, supplies, equipment, and services, in accordance with this code, and for the authority to properly administer and manage contracts, and for the disposal of materials, supplies, and equipment. The purchasing officer shall use his or her best efforts to secure the acquisition of materials, supplies, equipment, and services in the manner that is the most advantageous to the city and to the public. The legal form of specifications, formal and informal purchase contrncts, warranties, bid and performance security, and similar matters shall be approved by the city attorney. Consistent with this code, and with the approval of the chief administrative officer, the purchasing officer may adopt operational procedures relating to the execution of his or her duties. The purchasing officer shall also prepare a local recruitment program, compliance with which shall be required as a standard provision in city contracts.

B. All purchases are conditioned upon specifications being met. All specifications shall be drafted so as to promote overall economy for the purposes intended and to encourage competition in satisfying the city's needs. This policy applies to all specifications, including those prepared for the city by non-city employees. The purchasing officer or designee may inspect supplies. equipment, materials, and review services to determine if they meet specifications and may require any inspection or test as necessary. Costs of testing will be charged to the department initiating the procurement.

C. The purchasing officer is authorized to sell and dispose of city property no longer of use in a manner providing ma,ximum return to the city and in accordance with Section 3.12.140. The subject matter, manner, and timing of such sales shall be subject to the approval of the chief administrative officer. Expenses of sale shall be a proper charge against the income therefrom. The disposition of unclaimed property is subject to Chapter 2.80 of this code. (Ord. 1192 § I, 2013)

3.12.030 Authorization to execute documents.

Al I documents may be executed by the chief administrative officer whenever such authorization i s granted in a resolution, motion, or minute order adopted by the city council. All contracts under $25,000 may be approved and executed by the chief administrative officer and attested by the city clerk and do not require council approval.

Contracts equal to or over $25,000 shall be approved by the city council. (Ord. 1192 § I, 2013)

3.12.040 Unauthorized purchases and contracts.

It shall be unlawful for any officer, employee, or agent of the city to order the purchase of materials, supplies or equipment, or to contract for services or contract for the performance of public works projects, as defined in Public Contract Code Sections 110 I and 20161, or otherwise make any contract in violation of this code. Any invoice or requisition for payment not supported by a written contract shall be deemed a false claim. All contracts shall be in a form approved by the city attorney or deputy, except as specified in Section 3. I 2.080(A)(2). Any order, purchase, or contract made contrary to the provisions of this code is voidable by the city and the city shall not be obligated thereunder unless the city council ratifies the action in response to an allegation that an order, purchase, or contract was made contrary to the provisions of this code.

Conversely, the inadvertent or intentional failure of the city to comply with any requirement of this chapter shall not, in itself, constitute grounds for any order, purchase, or contract executed by the city council, the chief administrative officer, to be voided without action by the city council or contrary to a determination made by the city council. (Ord. 1192 § I, 2013)

3.12.050 Specialized contracting procedures.

A. Nothing in this code shall prohibit the city from using specialized contracting procedures when authorized by state law. If state law authorizes such procedures, they need not also be specifically authorized by this code, but may be adopted by resolution of the city council. Such specialized procedures may include, without limitation. prequalification of general contractors or subcontractors and design/bui Id contracting procedures.

8. Notwithstanding any other provision of this code, for any contract totally or partially funded by the state or federal government, all applicable state and federal laws shall be followed, including, but not limited to, applicable procurement standards and contracting procedures. Contractors must

also comply with all standard provisions contained in state and federal contracts establishing the source of state and federal funds for work being performed by the contractor. (Ord. 1192 § I, 2013)

3.12.060 Bidding procedures for purchases of materials, supplies, equipment and services, except professional services.

Except as otherwise provided in this chapter, all contracts of the city for the purchase of materials, supplies, equipment, or services ofan aggregate annual value equal to or exceeding $25,000 shall be awarded after compliance with the sealed bid procedures contained in this section. "Materials, supplies, equipment, and services" include all personal property and services, except professional services, procured by the city.

A. Evasion of Provisions of Chapter Prohibited. Orders for materials, supplies, equipment, or services shall not be split into smaller orders or projects, artificially aggregated into larger orders or projects, or willfully mischaracterized or misclassified for purposes of evading the provisions of this chapter.

8. Budget Verification. Prior to bid solicitation, the purchasing officer shall confirm the requested purchase is identified in the current fiscal year adopted budget. For items not identified in the current fiscal year adopted budget, the requesting city department shall be required to request a budget transfer to or receive city council approval prior to bid solicitation.

C. lnvitations to Bid. Invitations to bid shall be issued by the purchasing officer and shall include a general description of the product or service required, the pl ace, date, and time of bid opening, and adequately detailed specifications and contract terms as applicable to the purchase. Invitations to bid shail be disseminated to at ieast three prospective bidders approved by the purchasing officer and shall be posted at City Hall and other public posting locations, including the city's website, as determined b y the purchasing officer. Notices shall include a general description of the articles for which bids are being sought, and the time, date and location for submitting and opening of the bids and identify the bid official who can answer any questions the bidders may have concerning the bid.

Any invitation to bid, request for proposal, and other solicitation may be cancelled in whole or in part when there is good cause therefor or when in the judgment of the awarding authority cancellation is in the city's best interests.

D. Security. Security requirement s shall be set forth in the solicitation. Bid bonds, performance bonds, payment bonds or other security may be required as the purchasing officer and department directors deem prudent to protect the city's interests. When the law permits, there may be allowed, in lieu of bonds or securities, a cash deposit, an irrevocable letter of credit, a negotiable time certificate or time certificate of deposit issued by a savings bank, a savings and loan investment certificate, or other form of security acceptable to the city's finance director and city attorney, provided that the city is the assignee or beneficiary of the security, and the security conforms to provisions required by the city attorney. Bonds or other security shall not be used as substitutes for determination of a bidder's or offerer's responsibility.

E. Interpretation of Bid Specification. Oral interpretation of written bid specifications shall not be made to prospective bidders. If the prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the city.

If interpretations or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications.

F. Bid Submittal and Bid Opening. Sealed bids shall be submitted to the city clerk and shall be opened publicly by the purchasing officer or designee in the presence of one or more witnesses at the time and place designated in the invitation to bid. No bid shall be considered which has not been received at the place, and at or prior to the time, stated in the invitation for bids. No bid shall be considered which is transmitted by electronic facsimile, unless specifically authorized in the bid.

The amount of each bid, the name of each bidder, and such other relevant information as the purchasing officer deems relevant shall be announced and recorded. If no bids are received, procurement may proceed without further compliance with competitive bidding requirements. After the opening of a sealed or formal bid/proposal, and after the City has identified the awardee, a "notice of intent to award" will be sent to all actual bidders by mail, email, or fax at the option of the city, and all applicable response periods will begin on the date the notice was sent identifying the awardee and including at least the following text: ''Protests must comply with the requirements of Bell Municipal Code Sections 3.12.140 et seq., and be submitted no later than five business days after the date of this notice."
G. Bid Acceptance and Bid Evaluation. Bids shall be evaluated on the requirements set forth in the invitation to bid, and no such criterion shall be used unless set forth in the invitation to bid or in this chapter. Evaluation criteria may include criteria to determine acceptability, including, but not limited to, inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Criteria that will affect the bid price and be considered in evaluation of a bid shall be objectively measurable if possible, such as discounts, transpo1tation costs, and total or life cycle costs.

H. Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted in the sole discretion of the purchasing officer when he or she deems appropriate.

Mistakes may be corrected or withdrawn by written notice received prior to bid opening. Not more than three days after bid opening, corrections to a bid may be accepted only when a bidder shows by clear and convincing evidence that a mistake was made which made the bid materially different from what was intended and that the mistake was made in completing bid documents rather than arising from an error in judgment, or carelessness in site inspection or reading plans and specifications. After bid opening, no changes in bid price or other bid component prejudicial to the city's interest or to fair competition shall be permitted.

I. Award to Lowest Responsive and Responsible Bidder. Unless bids are rejected as provided in this chapter, all contracts of the city for the purchase of materials, supplies, equipment, and services of a value equal to or exceeding $25,000, except for contracts entered pursuant to requests for proposals and exempted purchases, shall be awarded to the lowest responsible and responsive bidder. "Lowest responsible and responsive bidder" means the bidder who submits the lowest monetary bid that responds to the terms upon which bids were requested, and who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. To the extent permitted by law, criteria for determining whether a bidder is responsible include, without limitation, all of the following:

I. The conformity of the supplies, materials, equipment, or services to the required specifications;

2. The ability, capacity, and skill of the bidder to provide the supplies, materials, equipment, or services as required;

3. The ability of the bidder to provide the required items or services within the time specified;

4. The character, integrity, reputation,judgment, experience, efficiency, financial resources, and financial responsibility of the bidder;

5. The ability of the bidder to promptly provide future maintenance, repair, parts, and service after purchase;

6. The bidder's prior record of performance on other procurements or projects, including timely completion of performance, quality of products and work provided, and completion of projects within the bid amount submitted and project budget;

7. The bidder's involvement in prior or current litigation or contract disputes that could impair satisfactory performance of the contract to be awarded; and

8. The bidder's history of noncompliance with occupational safety and health requirements, labor statutes and regulations, and other local, state, and federal laws.

The purchasing file shall contain a written summary of the basis on which the award is made. If a bidder is rejected because of an adverse determination of that bidder's capability of performing the contract, a written determination of irresponsibility, setting forth the basis of the finding, shall be prepared by the procurement officer or designee. The unreasonable failure of a bidder promptly to supply information in connection with an inquiry regarding responsibility may be grounds for a determination of irresponsibility. Prompt written notice shall be sent to the bidder of the evidence reflecting upon the bidder's responsibility that has been either received from others or adduced from independent investigation. The bidder shall be afforded an opportunity to rebut such adverse evidence and to present evidence of qualification. After consideration of the evidence and the rebuttal evidence, the procurement officer shall make a final determination of the lowest bidder's responsibility and promptly so notify the bidder in writing. A bidder aggrieved by any such determination may protest as provided in Section 3.12.140 of this chapter.

J. Equal Bids. If prices quoted or received in two sealed bids are equal, then the chief administrative officer or the city council may choose whichever of the following options it deems to serve the best interest of the city:

1. Select one bid, giving preference to a business located within the City of Bell; or

2. Reject all bids and re-solicit for bids; or

3. Reject all bids and authorize negotiation of an agreement between the city and one of the equivalent bidders; or

4. Select one bid, giving preference to the business which is the most experienced; or

5. Select one bid by a method of chance.

K. Vendor Preferences. Except for procurements made with federal or state funds, or in cooperation with another public entity, the city's ultimate receipt of sales tax shall be considered in determining the lowest price. The city council may provide incentives, from time to time, for vendors supplying recycled products. Local vendor preferences are further governed by Section 3.12.100.

L. Rejection or Waiver of Bid Requirements.

I. The awarding authority may reject any and all bids presented and may re-solicit for bids in its discretion.

2. The awarding authority may waive any irregularities or informalities in any bid or bidding. (Ord. 1192 § I, 2013)

3.12.070 Required accounting standards.

Contractors must submit appropriate documentation prior to the award of contracts in which the city agrees to reimburse costs, confirming that:

A. The proposed contractor's accounting system will pem1it timely development of all necessary cost data in the form required by the specific contract type contemplated; and B. The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles; and
C. The proposed contractor's accounting system i s adequate to allocate costs in accordance w ith all requirements of local, state and federal funding sources for the contract. (Ord. I 192 § 1, 2013)

3. 12.080 Exceptions to bidding requirements.

A. Informal Purchases. Any contract for a purchase of less than $25,000 shall be let in accordance with the procedures established in this section. Contract requirements shall not be artificially divided so as lo constitute separate purchases under this section.

I. Purchases of $10,000 to $25,000. So far as practical, for any purchase costing of $10,000 or more and less than $25,000, at least three vendors shall be solicited to submit price quotations by use of sealed bidding methods, electronic facsimile, or electronic mail. Award shall be made to the responsive and responsible vendor who offers the lowest acceptable quotation that best meets the needs of the city. The names of vendors submitting quotations, their respective local addresses and principal places of business, and the date and amount of each quotation shall be recorded and maintained as a public record.

2. Purchases under $10,000. The purchasing officer shall adopt operational procedures for making small purchases of less than $10,000. The operational procedures shall require the preparation and maintenance of written records adequate to document the procurement, properly account for the funds expended, and facilitate an audit of th e small purchase made.

B. Sole Source Procurement.

I. Sole Source Purchases of $10,000 and More. A contract for a purchase may be awarded without competition when the purchasing officer determines in writing, after conducting a good faith review of available sources, that there is only one source for the required materials, supplies, equipment, or services. The purchasing officer shall conduct appropriate negotiations as to price, delivery, and other terms. A record of sole source procurements shall be maintained as a public record and shall list each vendor's name, local address and principal place of business, the amount and type of each contract, the item(s) procured under each contract, and the identification number of the procurement, if any. Contracts for purchases let pursuant to

this subsection shall be awarded and executed in accordance with Section 3.12.060(1) of this chapter.

2. Sole Source Purchases Under $10,000. Purchases under $10,000 shall be made in accordance with subsection (A)(2) of this section and do not require justification for sole source procurement.

3. Public Works Sole Source Purchases. All public works purchases required to confonn to the requirements of Public Contract Code Section 3400 et seq., pertaining to sole source procurement on public works projects, shall conform to said statutory requirements instead of to the requirements of subsections (B)(1) or (B)(2) of this section. Ln addition, a record of such sole source procurements s hall be maintained as a public record and shall list each vendor's name, local address and principal place of business, the amount and type of each contract, the item(s) procured under each contract, and the identification number of the procurement, if any.

C. Emergency Purchases. Notwithstanding any other provision of this chapter, the purchasing officer may make or authorize others to make emergency purchases of materials, supplies, equipment, or services when there exists a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impainnent of life, health, property, or essential public services. Emergency purchases shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and the selection of the particular contractor shall be included in the contract file. Emergency procurements exceeding $10,000 shall require approval of the chief administrative officer or finance director. In the absence or unavailability of the chief administrative officer or finance director, any department head shall have like authority.

Within five business days after such emergency purchase, a record of each emergency procurement shall be made setting forth the vendor·s name, the amount and type of the contract, the tenns of the contract, and the identification number of the purchasing file. Expenditures made during a locally declared emergency or in an emergency situation must be reported to the city council at the next regular city council meeting if approval for such expenditures would otherwise have been subject to the approval of the city council.

D. Cooperative Purchasing. The purchasing officer may arrange for the city to enter an agreement involving the purchase of materials, supplies, equipment, vehicles, apparatus, or services in cooperation with another local, county, state, federal, or other public entity, school district, or the League of California Cities, provided that:

I. The agreement is the result of competitive bidding or negotiation and is made in compIiance with the competitive bid or proposal requirements of any participating entity or organization; and

2. The purchase conforms to the city's specifications for the item; and

3. The price established by the prior bid or negotiation is not more than six months old; and

4. The estimated price of the purchase is lower than that estimated for the purchase if made directly by the city pursuant to this chapter.

Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public agencies and public agency contracts negotiated to be available to other public agencies.

E. Standardization. When supplies, materials, equipment, or services have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the city, the purchase is not subject to this chapter. Justifications for standardization shall be recorded and maintained as a public record.

F. Competitive Proposals. When the purchasing officer determines that conditions are inappropriate for the use of competitive bidding or that sealed bidding is infeasible or contrary to the best interests of the city, a contract may be entered by use of the competitive proposal method. The facts supporting such a determination shall be recorded and maintained as a public record.

I. Request for Proposals. The purchasing officer shall issue or approve a request for proposals describing the services or product to be procured, the format which proposals shall follow, the elements proposals shall contain, other appropriate requirements, and a statement of the time and place for the receipt and opening of sealed proposals. The request for proposals shall identify all significant evaluation criteria and the procedures to be used for evaluation and selection for negotiation and/or contract award.

2. Notice of Solicitation. Notice of a request for proposals shall be published at least ten ( I 0) calendar days prior to the date of proposal opening on the city website. The notice shall include a general description of the item or service required and the place, date, and time of proposed opening. The purchasing officer or department director may give such other notice as he or she deems appropriate.

3. Proposal Opening. Proposals shall be opened publicly by the purchasing officer or designee in the presence of one or more witnesses at the time and place specified in the request for proposals. The name of the offeror and such other information as the purchasing officer deems appropriate shall be announced and recorded. If no proposals are received, procurement may proceed without further compliance with competitive proposal requirements.

4. Proposal Evaluation. The city may, at any time, waive or modify any element of the request for proposals and/or any evaluation criterion. If so stated in the request for proposals, selection may be made, without negotiation, solely on the written submittals. If negotiation is elected, the city may negotiate with one or all offerors that the purchasing officer determines have a reasonable chance of selection, based on price and other factors stated in the solicitation.

5. Professional and Personal Services Procurement. The procurement of the professional services of any architect, landscape architect, engineer, artist, environmental consultant, land surveyor, construction project manager, accountant, appraiser, financial advisor, attorney, or other provider of professional services involving a high degree of technical or individual skill shall be based on demonstrated competence, the professional qualifications necessary for satisfactory performance of the required services, and a fair and reasonable price, after notice to a number of potential offerors adequate to permit reasonable competition consistent with the nature and requirements of the procurement. Offerors shall provide evidence that the person or firm carrying out contract responsibilities possesses the expertise and experience to perform the requisite professional services. The contract file shall contain a written summary of the basis on which notice to potential offerors was given and on which the award was made.

Professional services contracts, except as authorized below, shall be awarded in accordance with Section 3.12.060 of this chapter. Professional service contracts of less than $25,000 may be awarded in accordance with Section 3. 12.0S0(A) of this chapter by purchase order, and

without competition, on the written recommendation of the department or division head.

Professional services contracts for the preparation of environmental reports or special studies regarding private projects , when the project applicant has deposited the full amount of the contract, may be awarded by the city engineer or the community development director.

G. Notice of Award. With respect to contracts awarded under this section , no notice of intent to award shall be required to bidders as provided for contracts awarded pursuant to Section 3.12.060 and the procurement protest procedures under Section 3.12.140 shall not apply.

H. Other Purchases. The provisions of this chapter do not apply to purchases of the following items, so long as funds have been properly appropriated therefor:

I. Materials, supplies, equipment or services from public or private nonprofit California corporations operating workshops serving the handicapped;

2. Books, periodicals, records, tapes, and similar materials used at the public library;

3. Software and other intellectual property with a unique or special purpose, as documented in writing by the purchasing officer;

4. Items and services acquired with federal or state loan or grant funds when the terms and conditions of the loan or grant conflict with this code;

5. Insurance, insurance adjusting, legal, and related services. If a new appropriation therefor is required or an existing appropriation is insttfficient, the chief administrative officer or finance director is authorized to bind coverage or otherwise provide for such services until the required appropriation has been approved;

6. Vendor servicing agreements where the equipment has been purchased competitively. (Ord. 1192 § 1, 2013)

3.12.090 Multi-year contracts.

Unless otherwise limited by the city's Charter, this code or applicable state or federal law, the term of a contract shall be as set forth in the contract, and may include extensions as authorized in the contract. The chief administrative officer may approve a multi-year contract for a term not exceeding three years, including any options to renew or extend; provided, the annual value of the multi-year contract as extended does not exceed fifteen thousand dot tars ($15,000.00). Otherwise, multi-year contracts shall require the approval of the city council. (Ord. 1192 § I, 2013)

3.12.100 Awards of contracts to local businesses.

A. ln the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in this chapter, the city council or the purchasing officer may give a preference to a local business in making such purchase or awarding such contract in an amount not to exceed five percent of the local business' total bid price, or fifteen thousand dollars ($15,000.00), whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. Ln order for a local business to be eligible to claim the

preference, the business must request the preference in the solicitation response, provide a copy of its current business license, and meet one of the following criteria:

I. The difference between bids from the local business and a business outside the city is less than the current sales tax benefit the city would receive from the local sales tax; or

2. Any other reason which would reasonably justify selection of a local business based upon criteria which do not illegally discriminate against outside businesses.

B. "Local business" means a business that is located within the City of Bell and meets both of the following criteria: ( l) The business has a current City of Bell business tax certificate; and (2) the local sales tax generated by the business is allocated to the City of Bell. (Ord. 1192 § I, 2013)

3.12.110 Employee interest prohibited.

No employee, member of the city council, nor any appointed member of a city commission, board or committee, shall be financially interested, directly or indirectly, in any purchase ord er or contract for furnishing equipment, goods, supplies or services within the purview of this code. Any purchase order or contract affecting the financial interest of a former city employee, former member of t he c ity council, or any former appointed member of a city commission, board or committee, shall be awarded solely by the city council at a public meeting and may not be awarded during a period which is five years after the end of that pe rson's term of service to the city. (Ord. I I 92 § I, 2013)

3.12.120 Waiver of bids.

When competitive bidding is impossible, impractical, undesirable, or unlikely to produce an advantage or other useful result, the city may waive the competitive bidding requirements in this chapter and may authorize a negotiated contract. Waiver shall be authorized by the city council or the appropriate awarding authority specified in Section 3.12.030 after their review of written justification for the waiver provided by the director of the department initiating the procurement. (Ord. I l 92 § 1, 2013)

3.12.130 Contracts for public works projects.

A. Compliance With Public Contract Code. Contracts for public works proj ects, as defined in Public Contract Code Sections I IOI and 20161, shall be let in compliance with the California Public Contract Code, including, without limitation, Public Contract Code Section 20160 et seq.

B. Change Orders.

I. Any alteration to, amendment of, or deviation from an awarded contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or execution of a contract amendment.

Additions to work cannot be combined with deletions to work to avoid the change order requirement.

2. The change order is approved by the awarding authority (the entity originally approving the contract) within their original approving authority or that contained within the contract itself, such that the original contract and change order do not exceed the officer's aggregate purchasing authority, or authority under the contract. All other change orders shall be approved by the city council or the person, if any, designated in a contract approved by the city council.

No change order shall be binding on the city until approved as provided in this code.

3. Change orders shall not be issued unless:
a. The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the contract; or the change order arises due to an error, as determined by the city, in the city's specifications that accompanied the bid solicitation; or the city desires to make a material substitution or addition to the project based on new information obtained during the construction phase of the project; and
b. The change order does not change the purpose of the contract and is reasonably related to the scope of work authorized under the original contract; and c. The change order is in writing; and
d. The change order is signed by the contractor and all the designated representatives of city (contract officer, project manager, architect (if any), or other representatives).

C. Design-Build Contracts for Capital Improvements.

I. Purpose and Intent. The purpose of this section is to provide definitions and guidelines for the award, use and evaluation of design -build contracts.

2. Definitions. All defined terms in this section appear in italics. For the purposes of this section, the following definitions apply:

Design-build means a public works contract procurement method in which both the design and construction of a project are procured from a single entity. Design-build also includes projects where in addition to design and construction, other functions may be added including, but not limited to, construction management, inspection, soils/materials testing financing, operating and/or maintenance.

Design-build entity means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural and engineering services as needed.

Design-build entity member includes any person who provides licensed contracting, architectural, or engineering services on behalf of the design -build entity.

3. Design-Build Procurement- Request for Proposals, Bid Invitation and Performance Specifications. For purposes of this subsection Conly, prior to procuring a design-build public works contract, the city shall prepare a request for a proposal setting forth the scope of the project that may include, but is not limited to, size, type and desired design character of the project and site, and performance specifications. The performance specifications shall describe the quality of construction materials, assemblies and other information deemed necessary to

adequately describe the city's needs. The performance specifications shall be prepared by a design professional designated by the city.

4. Notice Inviting Bids. The notice inviting bids shall set a date for the opening of bids and distinctly state the nature and scope of the project to be constructed. At least ten (10) days before the date of opening the bids, the notice inviting bids shall be posted on the city's website and in at least one public place in the city that has been designated for the posting of public notices.

5. Selection Committee. The city manager shall appoint a selection committee to review and to rank the proposals of the design-build entities. The selection committee shall use the evaluation criteria set forth in subsection (C)(6) and in the request for proposal. The selection committee shall be comprised of one representative from each of the following departments:
city engineer's office, finance department, community development department, and the department that is responsible for the project. In addition, the city council may nominate and by majority vote, may appoint a member of city council to serve on the selection committee for the term specified by the council.

6. Selection Method. A design-build competition based on performance, specifications and criteria set forth by the city in the request for proposals. a. Criteria used may include, but not be limited to:
i. An evaluation of overall quality, capability, resource availability and financial stability of the firm.
ii. An evaluation of references provided with respect to responsiveness, quaiity of work, timeliness and overall performance.
iii. An evaluation of the firm and/or project manager's ability and experience in providing the service offered, including: experience with local government, scope of services covered, length of time involved, level of client satisfaction, cost/benefits relationship and relative success.
iv. An evaluation of the experience, training and qualifications of the personnel the firm will be committing for assignments on the proposed project. v. Consideration of items such as proposed design approach, initial and/or life-cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for design-build proposals.
vi. The extent to which the firm's proposal meets the technical criteria and methodology requested.
vii. Analysis of the cost relative to the firm's ability to meet the specifications and criteria set forth in this subsection (C)(6)(a) and in the request for proposal.
v111. Whether the cost as provided in the bid is guaranteed firm, evidenced in writing and signature by an authorized representative of the firm. b. Any architectural firms, engineering firms, specialty consultants or individuals retained by the city to assist in the development of criteria or preparation of the request

for proposals shall not be eligible to participate in the competition with any design-build entity.

c. Depending on the number of proposals received by the city, the selection committee may develop a "short-list" of the top ranked design-build proposals. d. Depending on the number of proposals and/or complexity of the project, the selection committee may require the "short-listed" design-build entities to complete an interview/presentation to the selection committee to establish a final ranking. e. The selection committee will then begin negotiations with the top ranked design - bui
ld entity. The negotiations may include, but are not limited to, project cost, scope, and schedule. If negotiations are not successful, negotiations will cease with the top ranked design-build entity, and negotiations may begin with the second ranked design-build entity.
f. Award shall be made to the design-build entity whose proposal is judged as one that best serves the interests of the city by meeting the criteria set forth in this subsection (C)(6)(a) and in meeting the requirements established in the request for proposal.

7. Right to Reject Any and All Bids. Nothing in this subsection C shall require the city to accept any bid and the city hereby reserves the right to reject any and all bids. Further, nothing in this subsection C shall require the city to award any design-build contract to the lowest responsible bidder.

8. Subcontractor Listing. The city recognizes that the design-build entity is charged with performing both design and construction. Because a design-build contract may be awarded prior to the completion of the design, it is often impractical for the design-build entity to list all subcontractors at the time of the award.
a. It is the intent of the city to establish a clear process for the selection and award of subcontracts entered into pursuant to this section in a manner that affords protection for subcontractors while enabling design-build projects to be administered in an efficient fashion.
b. All of the following requirements shall apply to subcontractors, licensed by the state, that are employed on design-build projects undertaken pursuant to this section. i. The design-build entity in each design-build proposal shall specify the construction trades or types of subcontractors that may be named as members of the design-build entity at the time of the award. In selecting the trades that may be identified as members of the design-build entity, the design-build entity shall identify the trades deemed essential in the consideration of the project. ii. S ubcontracts not listed at time of award shall be performed or awarded by the design-build entity in accordance with a bidding process set forth in the respective request for proposals or bid invitation. The design-build entity shall furnish to the city documentation to verify that all subcontracts not listed at the time of award were subsequently awarded in accordance with the respective request for proposal or bid invitation. All subcontractors that are listed at the time of award, or

subsequently in accordance with the respective request for proposal or bid invitation shall be afforded the protection of Section 4107 of the California Public Contract Code. (Ord. 1200 § l, 2014; Ord. 1192 § 1, 2013)

3.12.140 Procurement protest procedures.

Procurements for public works projects, materials, supplies, goods and services shall be protested in accordance with this section. Protests not complying with the provisions of this section shall not be reviewed.

A. Definitions. For the purposes ofthis section:

1. "Bid" includes "offer" and "proposal" in the context of formal, infonnal, or negotiated procurements.

2. "Days" mean business days unless otherwise indicated.

3. "Filing date" or "submission date" means the final date for receipt by the city clerk or the purchasing officer of the City of Bell.

4. "Interested party" means an actual bidder or offeror.

5. "Procurement staff means the finance director, designated purchasing officer, city engineer, community development director or other department director initiating the procurement being requested, or the designees of any of these persons.

6. "Reviewing officer" means the chief administrative officer or designee.

7. "Mail" means any delivery service such as US mail, UPS or FEDEX.

B. Grounds for Protest. Any interested party may file a written protest on any of the following grounds:

1. The existence of a substantial defect, error or omission in the solicitation documents issued by the city;

2. Failure of the city to follow the procedures of this chapter;

3. Failure of the city to apply correctly the standards of review, evaluation, or scoring of a bid or proposa] as specified in the solicitation documents therefor;

4. Award of the contract by the city to a bidder other than on the basis stated in the solicitation documents; or

5. Such other grounds as would state a cause of action at law or in equity.

C. Disallowed Protest Grounds. Protests based on the following grounds shall not be considered:

1. An evaluator's professional judgment on the quality of a response; or

2. The proposer's assessment of the agency's needs or requirements; or

3. Any grounds other than those listed in subsection B of this section.

D. Protest Filing and Delivery. Pursuant to Section 3.12.060(F), a notice of intent to award shall be issued prior to the award of contracts awarded in accordance with Section 3.12.060. Protests made in accordance with said section shall be processed in accordance herewith. Protestors shall bear all costs of the protest other than salary and personnel costs of city employees. Protests shall be in writing and hand delivered or sent by certified U.S. mail, return receipt requested.

1. To the purchasing officer (for protests of purchases of materials, supplies, equipment, and services); or

2. To the city clerk (for protests related to public works projects).

E. Protest/Appeal Contents. Protest documents shall:

1. Include the name, address, business telephone, email, and fax number of the protestor;

2. Identify the procurement or project under protest by name, solicitation number, and submission date;

3. Contain a concise statement of the grounds for protest and the facts supporting such grounds, including all supporting documentation (documentation submitted after filing will not be reviewed); and

4. State the form of relief requested.

F. Pre-Opening Protest Period-Solicitation Documents. Interested parties wishing to protest city solicitation documents must do so before the final date to accept bids and within five business days after the date the solicitation documents are issued or amended.

G. Post-Opening Protest Period. In cases of protests involving aspects of city procurement other than solicitation documents, interested parties shall make such protest within five business days after the notice of intent to award is mailed or otherwise transmitted.

H. Protest Process.

1. Upon receipt of a timely protest, procurement staff shall review all the submitted materials and create and retain a written record of their review. Not later than ten (10) days after receipt of the protest, procurement staff shall respond in writing to the protest and to each material issue raised in the protest.

2. In the event of a timely protest, procurement staff shall not proceed with the solicitation or award of the contract until all administrative remedies have been exhausted unless the chief administrative officer determines that the award of a contract without delay is necessary to protect substantial interests of the city.

3. Procurement staff may elect, but are not obligated, to attempt to resolve the protest with the affected parties. "Resolution" means the formal withdrawal of a protest by the protestor, or written acknowledgement of protest resolution signed by the city and the protester.

4. If procurement staff attempts resolution, protesters shall be notified in writing of the date on which their matters shall be considered and shall be afforded an opportunity to present evidence for consideration to the city and such technical or other staff as the city deems necessary.

5. Procurement staff shall make a formal decision (" protest determination") to deny or uphold the protest and shall notify the protestor of that decision by mail, email or fax. The decision notification shall include a statement that the protestor has the right to appeal the protest determination to the city council within three business days of the decision notification.

6. The award of contract shall be deferred until completion of the protest procedure provided that if award of the contract is by the city council, the protest determination may be made by the city council concurrent with the decision to award the contract. The protestor shall be given at least five days written notice of the date of the city council meeting to consider the award and the right to appear and be heard, but no further appeal rights. (Ord. l 192 § l, 20 l 3)

3.12.150 Disposition of surplus property.

A. All city departments shall submit to the purchasing officer, at such times and in such form as the purchasing officer shall prescribe, reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out (herein as "surplus property").

B. The purchasing officer shall have the authority to dispose of surplus property by competitive bidding or public auction. Surplus property shall be sold to the highest bidder responding to a request for sealed bids or at a public auction.

C. If the purchasing officer elects to dispose of surplus property by competitive bidding, the following procedl!res shall be used:
l. Surplus property shall be sold to the highest bidder submitting a sealed bid in response to a notice of sale by sealed bid.

2. The purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper , a notice setting forth a general description of the surplus property to be sold; and the date, time and location for submittal of sealed bids , which date shall not be less than five calendar days following the last date of publication of the notice; the location where the property may be inspected; any special terms or conditions of sale; and the place, date and time when the bids will be opened and tabulated.

3. The purchasing officer shall accept the highest bid or may reject all bids, and at a later date hold another public sale by competitive bidding.

D. If the purchasing officer elects to dispose of surplus property by auction, the following procedures shall be used:

1. Surplus property shall be sold to the highest bidder a t a public auction conducted by a licensed auctioneer or through participation in a cooperative auction of government agencies.

2. The purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, a notice setting forth a general description of the surplus personal property to be sold, and the date, time and location of the auction. If the auction is part of a cooperative auction, the notice given by or on behalf of the agency coordinating the auction will satisfy the requirements of this subdivision and no additional notice is required.

3. The surplus property shall be sold to the highest bidder, provided the bid exceeds the minimum bid price, if any.

4. All surplus property shall be sold "as-is" without warranty express or implied.

5. The purchasing officer may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services.

E. The purchasing officer, when in his or her judgment the competitive bid or auction of surplus property is infeasible or will result in minimal return to the city, may recommend to the city council that such surplus property be donated to any other governmental organization, nonprofit group or corporation exempt from federal taxes pursuant to Internal Revenue Code Section 50l(c)(3) located within or serving the City of Bell. Surplus property shall only be donated upon approval of the city council.

F. If no bids are received in response to a notice of sale by sealed bid or at auction, the purchasing officer may dispose of the surplus property pursuant to Section 3.12.150 of this chapter.

G. The purchasing officer shall keep a written record of surplus property sold or donated pursuant to this chapter. If the property was sold, the record shall include the price or other consideration paid and the identity of the purchaser. If the property was donated, the record shall include the identity of the donee.

H. Unless otherwise provided, all proceeds from sale or auction of surplus property will be deposited into the city's general fund. Proceeds from sale of enterprise, federal, grantor other special designation property will be reimbursed, less prorated selling expenses to the appropriate fund, after completion of each sale. (Ord. 1192 § 1, 2013)

7/26/2016 CA Codes (pcc:1100-1104)

PUBLIC CONTRACT CODE
SECTION 1100-1104

1100. "Public entity," as used in this part, means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state.

1100.7. This code is the basis of contracts between most public entities in this state and their contractors and subcontractors. With regard to charter cities, this code applies in the absence of an express exemption or a city charter provision or ordinance that conflicts with the relevant provision of this code.

1101. "Public works contract," as used in this part, means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

1102. "Emergency," as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

1103. "Responsible bidder," as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

The Legislature finds and declares that this section is declaratory of existing law.

1104. No local public entity, charter city, or charter county shall require a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except on clearly designated design build projects. Nothing in this section shall be construed to prohibit a local public entity, charter city, or charter county from requiring a bidder to review architectural or engineering plans and specifications prior to submission of a bid, and report any errors and omissions noted by the contractor to the architect or owner. The review by the contractor shall be confined to the contractor's capacity as a contractor, and not as a licensed design professional.

http://www.leginfo.ca.gov/cgi-bin/displaycode?seclion=pcc&group= 01001-02000&file=1100-1104 1/1

7/26/2016 CA Codes (pcc:3400-3410)

PUBLIC CONTRACT CODE
SECTION 3400-3410

3400. (a) The Legislature finds and declares that it is the intent of this section to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services that function as well, in all essential respects, as materials, products, and services that are required by a contract, but at a lower cost to taxpayers.
(b) No agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works, shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works, (1) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service. In applying this section, the specifying agency shall, if aware of an equal product manufactured in this state, name that product in the specification. Specifications shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for a substitution of "an equal'' item. If no time period is specified, data may be submitted any time within 35 days after the award of the contract.
(c) Subdivision (b) is not applicable if the awarding authority, or its designee, makes a finding that is described in the invitation for bids or request for proposals that a particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes:
(1) In order that a field test or experiment may be made to determine the product's suitability for future use.
(2) In order to match other products in use on a particular public improvement either completed or in the course of completion. (3) In order to obtain a necessary item that is only available from one source.
(4)(A) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local agency issuing the invitation for bid or request for proposals.
(B) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals.

3410. Any public entity, as defined in Section 1100, including any school district or community college district, when purchasing food, shall give preference to United States-grown produce and United States-processed foods when there is a choice and it is economically feasible to do so. For purposes of this section, the determination of "economically feasible'' shall be made by the purchasing public entity, considering the total cost, quantity, and quality of the food and the budget and policies of the entity.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=03001-04000&file=3400-3410 1/2

7/26/2016 CA Codes (gov:4525-4529.5)

GOVERNMENT CODE
SECTION 4525-4529.5

4525. For purposes of this chapter, the following terms have the following meaning:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(b) "State agency head'' means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services.
(c) "Local agency head" means the secretary, administrator, or head of a department, agency, or bureau of any city, county, city and county, whether general law or chartered, or any district which is authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services.
(d) "Architectural, landscape architectural, engineering, environmental, and land surveying services'' includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
(e) "Construction project management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on state construction projects.
(f) "Environmental services" means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. "Environmental services" also includes the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code.

4526. Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=04001-05000&file=4525-4529.5 1/3

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Section 14837.

CA Codes (gov:4525-4529.5)
In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100.

4526.5. A state agency head entering into a contract pursuant to this chapter shall, in addition to any other applicable statute or regulation, also follow Section 6106 of the Public Contract Code.

4527. In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data.
(a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be made by the agency head through publications of the respective professional societies.

The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him or her, no less than three of the firms deemed to be the most highly qualified to provide the services required.
(b) When the selection is by a local agency head, the agency head may undertake the procedures described in subdivision (a). In addition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from participating in the selection process when these employees have a relationship with a person or business entity seeking a contract under this section.

4528. (a) When the selection is by a state agency head the following procedures shall apply:
(1) The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved.
(2) Should the state agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency head determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated.

The state agency head shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the state agency head shall terminate negotiations.

The state agency head shall then undertake negotiations with the http://www.leginfo.ca.gov/cgi-bin/displaycode?sectiorFgov&group=04001-05000&file=4525-4529.5 2/3

7/26/2016 CA Codes (pcc:20160-20174)

PUBLIC CONTRACT CODE
SECTION 20160-20174

20160. The provisions of this article shall apply to contracts awarded by cities subject to Title 4 (commencing with Section 34000) of the Government Code.

20161. As used in this chapter, "public project" means:
(a) A project for the erection, improvement, painting, or repair of public buildings and works.
(b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
(c) Street or sewer work except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

20162. When the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice.

20163. It shall be unlawful to split or separate into smaller work orders or projects any public work project for the purpose of evading the provisions of this article requiring public work to be done by contract after competitive bidding. Every person who willfully violates this provision of this section is guilty of a misdemeanor.

20164. The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.

20165. Any notice inviting bids, which specifies locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed construction project which would be subject to Section 1602 of the Fish and Game Code, shall include any conditions or modifications established pursuant to Section 1603 of the Fish and Game Code.

20166. In its discretion, the legislative body may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the legislative body may accept the one it chooses. If no bids are received, the legislative body may have the project done without further complying with this chapter.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file=20160-20174 1/3

7/26/2016 CA Codes (pcc:20160-20174}

20167. After rejecting bids, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market.

Upon adoption of the resolution, it may have the project done in the manner stated without further complying with this chapter.

20168. In case of an emergency, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050).

20168.5. In any city that has agreed to permit the transfer of prisoners or parole violators under Section 2910 or 2910.5 of the Penal Code, or of wards under Section 1753.3 of the Welfare and Institutions Code, the city council may contract for the construction or expansion of facilities to be used for that purpose without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this section. The person to whom the contract is awarded shall execute a bond for faithful performance. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the city council determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the city council and the lowest bid is selected.

20169. Annually before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year.

If there is only one such newspaper, the legislative body may contract with it without advertising for bids.

20170. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:
(a) Cash.
(b) Cashier's check made payable to the city.
(c) A certified check made payable to the city.
(d) A bidder's bond executed by an admitted surety insurer, made payable to the city.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file=20160-20174 2/3

7/26/2016 CA Codes (pcc:20160-20174)

20171. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it.

20172. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city except as hereinafter provided.

20173. The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost, and publication of notice are paid.

20174. 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 legislative body awards the contract to the second 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 if cash or a check is used, or to the surety on the bidder's bond if a bond is used.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file;:20160-20174 3/3

7/26/2016 CA Codes (pcc:22000-22003)

PUBLIC CONTRACT CODE
SECTION 22000-22003

22000. This chapter shall be known and may be cited as the "Uniform Public Construction Cost Accounting Act."

22001. The Legislature finds and declares that there is a statewide need to promote uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state. This chapter provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities.

22001.5. On or before January 1, 2009, the Controller shall send a notice to all public agencies describing the provisions of this chapter and the benefits of using its provisions. This notice shall also be included in any notification issued by the Controller pursuant to Section 22020.

22002. (a) "Public agency," for purposes of this chapter, means a city, county, city and county, including chartered cities and chartered counties, any special district, and any other agency of the state for the local performance of governmental or proprietary functions within limited boundaries. "Public agency" also includes a nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(b) "Representatives of the construction industry'' for purposes of this chapter, means a general contractor, subcontractor, or labor representative with experience in the field of public works construction.
(c) "Public project" means any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
(2) Painting or repainting of any publicly owned, leased, or operated facility.
(3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(d) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
(2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=21001-22000&file=22000-22003 1/2

7/2612016 CA Codes (pcc:22000-22003)
of 230,000 volts and higher.
{e) For purposes of this chapter, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.

22003. A public agency which has, by resolution, elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010), may utilize the bidding procedures set forth in Article 3 (commencing with Section 22030) when contracting for "maintenance work," as defined in Section 22002, or when contracting for any other work which does not fall within the definition of "public project," as defined in Section 22002.

http://www.leginfo.ca.gov/cgi-bin/displaycode?sectiorFpcc&group=21001-22000&file=22000-22003 2/2

fj))IRS
Exemption Requirements - 501(c)(3)
Organizations
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

Organizations described in section 501(c)(3) are commonly referred to as charitable organizations.

Organizations described in section 501(c)(3) , other than testing for public safety organizations , are eligible to receive tax-deductible contributions in accordance with Code section 170.

The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.

Additional Information

Page Last Reviewed or Updated: 28-Jun-2016

Application Process S tep by Step: Questions and answers that will help an organization determine if it is eligible to apply for recognition of exemption from federal income taxation under IRC section 501(a) and, if so, how to proceed.

Private foundations - requirements for exemption