In adopting the provisions of this chapter, the city council
finds and determines that purchasing and bidding and the procedures
accompanying therewith are matters of local concern subject only to
the dictates of the Cypress City Charter and this chapter. This determination
by the city council also includes, without limitation, public projects
and public works projects. The city council may, in its sole and unfettered
discretion, elect not to pay prevailing wages on any locally funded
public works project to the maximum extent permitted by California
Labor Code section 1782.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1134, § 1, 8-13-12; Ord. No. 1147, § 1, 10-27-14)
In order to establish efficient procedures for the purchases
of supplies, equipment, and services; to secure for the city supplies,
equipment, and services at the lowest possible cost commensurate with
quality needed and with due consideration to disposability; to exercise
positive financial control over purchases; to clearly define authority
for the purchasing functions; to assure the quality of purchases;
and to buy without favor or prejudice, a purchasing system is hereby
adopted and shall control the procedure for all purchases except as
otherwise provided by law or pursuant to the purchasing rules and
regulations. The chapter is divided into two sections, formal contract
and open market procedures, each having its own distinct requirements.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
The following terms, whenever used in this chapter, shall be
construed as follows:
"Function or using agency"
shall mean any department, agency, or other unit of city
government which derives its support wholly or in part from the city.
"Paper products"
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14
CCR section
18982(a)(51).
"Printing and writing paper"
includes, but is not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14
CCR section 18982(a)(54).
"Purchasing officer"
shall mean the official designated by the city manager for
enforcement of this chapter.
"Recycled-content paper"
means paper products and printing and writing paper that
consists of at least 30%, by fiber weight, postconsumer fiber, or
as otherwise defined in 14
CCR section 18982(a)(61).
"Services"
shall mean any and all services, including, but not limited
to, equipment service contracts. The term does not include services
rendered by city officers or employees, nor professional or other
contractual services for which the procedure for procurement is specifically
provided by law or the purchasing rules and regulations.
"Supplies and equipment"
shall mean any and all articles, things, or personal property
furnished to or used by any city function.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1190, § 4, 9-27-21)
There is hereby created a centralized purchasing section within
the finance and administrative services department of the city in
which is vested authority for the centralized purchase of supplies,
equipment, and services.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
There is hereby created the position of purchasing officer.
The purchasing officer shall be appointed by the city manager. The
purchasing officer shall direct and supervise the city's purchasing
section. The duties of the purchasing officer may be combined with
those of any other office or position. He or she shall appoint such
employees as may be authorized. The purchasing officer shall endeavor
to obtain as full and open competition as possible on all purchases.
He or she shall establish methods and procedures necessary for
the efficient and economical functioning of the purchasing program.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
The purchasing officer shall have the authority to:
(a) Purchase
or contract for supplies, equipment, and services required by any
using agency in accordance with purchasing procedures prescribed by
this chapter, such administrative regulations as the purchasing officer
shall adopt for the internal management and operation of the purchasing
division and such other rules and regulations as shall be prescribed
by the city council or city manager or as otherwise provided by law.
(b) Negotiate
and recommend execution of contracts for the purchase of supplies,
equipment, and services.
(c) Act
to procure for the city the needed quality in supplies, equipment,
and services at least expense to the city.
(d) Discourage
uniform bidding and endeavor to obtain as full and open competition
as possible on all purchases.
(e) Prepare
and recommend to the city council rules governing the purchase of
supplies, equipment, and services for the city.
(f) Prepare
and recommend to the city council revisions and amendments to the
purchasing rules.
(g) Keep
informed of current developments in the field of purchasing, prices,
market conditions, and new products.
(h) Prescribe
and maintain such forms as are reasonably necessary to the operation
of this chapter and other rules and regulations.
(i) Supervise
the inspection of all supplies and equipment purchased to insure conformance
with specifications.
(j) Recommend
the transfer of surplus or unused supplies and equipment between departments
as needed and the sale of all supplies and equipment which cannot
be used by any agency or which become unsuitable for city use.
(k) Maintain
a bidders' list, vendors' catalog file, and records needed for the
efficient operation of the purchasing section.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
The purchasing officer, with approval from the city manager,
may authorize, in writing, any using agency to purchase specified
supplies, equipment, or services independently of the purchasing division,
but he or she shall require that such purchases be made in conformity
with the procedures established by this chapter, and shall further
require periodic reports from the agency on the purchases made under
such written authorization.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
All using agencies shall file detailed estimates of their requirements
in supplies and equipment in such manner, at such time, and for such
future periods as the purchasing officer shall prescribe.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
Using agencies shall submit requests for supplies and equipment
to the purchasing officer by standard requisition forms or by other
means as may be established by the purchasing rules and regulations.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
Purchases of supplies and equipment shall be by bid procedure pursuant to sections
21A-12 and
21A-13 hereof. Bidding may be dispensed with:
(a) When
an emergency requires that an order be placed with the nearest available
source of supply.
(b) When
the amount involved is less than an amount established by resolution
of the city council. The council shall establish such amount based
upon its determination that the requirement of a competitive bidding
procedure constitutes an unwarranted expense for the amount established.
(c) When
the commodity can be obtained from only one vendor.
(d) When
there is to be a contract for professional services such as, but not
limited to, the services of attorneys, architects, or engineers or
where the service contracted for deals with public relations or promotions,
elections, negotiations, acquisition of land, trash, garbage or refuse
disposal or the like, insurance, bonds, any other services of similar
nature to those listed, those items which are in their nature unique
and not subject to competition or other services for which by law
another officer or body is specifically charged with obtaining. For
professional services, a request for qualifications, ('RFQ'), should
be used to select the appropriate professional or professionals. For
contracts under $25,000 the city manager is authorized to enter into
the contract. Contracts in excess of $25,000 shall be approved by
the city council.
(e) When,
through cooperative purchasing with the state, the county, and other
public agencies, the advantages of large scale buying may be obtained
at a lower price upon the same terms, conditions, and specifications.
(f) When
the city council determines it would be in the best interest of the
city to dispense with bidding; provided, however, that the city council
shall state the basis of its determination.
(g) When,
at the discretion of the purchasing officer, a distinct advantage
is clearly evident in the city's best interest in regard to product
uniformity and its subsequent maintenance requirements, a decision
shall be rendered by the purchasing officer justifying the product
line to be used. Such decision shall be in writing and attached to
the file copy of the purchase order.
(h) Any
contract which combines professional services and the acquisition
of goods or equipment where the professional services are specifically
retained to advise the city on the selection of the goods or equipment
and the professional services utilized under the contract also include
designing, retrofitting, or modifying the goods or equipment to meet
the particular needs of the city. This exemption shall also include
the acquisition by the city of 'intellectual property.' In utilizing
this exemption, an RFQ shall be used. For contracts under $25,000
the city manager is authorized to enter into the contract. Contracts
in excess of twenty-five thousand ($25,000.00) shall be approved by
the city council.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
Purchase of supplies, equipment, and services shall be made
by use of a purchase order except as provided for in the purchasing
rules and regulations. Except as otherwise provided herein, no purchase
order shall be issued unless the prior approval of the purchasing
officer or his/her designated representative has been obtained.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
Except as otherwise provided herein and in accordance with the
city's power as a Charter City, purchases of supplies, equipment,
or services of an individual of an estimated value greater than $25,000
shall be by written contract with the lowest responsible bidder, pursuant
to the procedure hereinafter prescribed.
(a) Notice inviting bids. Notices inviting bids shall include
a general description of the articles to be purchased or sold, shall
state where bid blanks and specifications may be secured, and the
time and place for opening bids.
(1) Published notices. Notices inviting bids shall be
published at least 10 days before the date of opening the bids. Notices
shall be published pursuant to Section 420 of the Cypress City Charter.
(2) Bidders' list. The purchasing officer shall also
solicit bids from responsible prospective suppliers whose names are
on the bidders' list or who have made a written request that their
names be added thereto.
(3) Bulletin board. The purchasing officer shall also
advertise pending purchasing by a notice posted on a public bulletin
board in the city hall.
(b) Bidder's security. When deemed necessary by the purchasing
officer, bidder's security may be prescribed in the public notices
inviting bids. Bidders shall be entitled to return of bid security;
provided, however, that a successful bidder shall forfeit his/her
bid security upon his/her refusal or failure to execute the contract
within 10 days after the notice of award of the contract has been
mailed unless in the latter event the city is solely responsible for
the delay in executing the contract. The city council may, on refusal
or failure of the successful bidder to execute the contract, award
it to the next lowest responsible bidder. If the city council awards
the contract to the next lowest responsible bidder, the amount of
the lowest bidder's security shall be applied by the city to the contract
price differential between the lowest bid and the second lowest bid,
and the surplus, if any, shall be returned to the lowest bidder. If
the city council rejects all bids presented and readvertises, the
amount of the lowest bidder's security may be used to offset the cost
of receiving new bids (and the surplus, if any, shall be returned
to the lowest bidder).
(c) Bid opening procedure. Sealed bids shall be submitted to
the purchasing officer and shall be identified as "bid" on the envelope.
Bids shall be opened in public at the time and place stated in the
public notice. A tabulation of all bids received shall be open for
public inspection during regular business hours for a period of not
less than 30 calendar days after the bid opening.
(d) Rejection of bids. In its discretion, the city council may
reject any and all bids presented.
(e) Award of contracts. Except as otherwise provided herein,
contracts shall be awarded by the city council to the lowest responsible
bidder.
(f) Tie bids. If two or more bids received are for the same
total amount or unit price, quality and service being equal, and if
the public interest will not permit the delay of readvertising for
bids, the city council may in its discretion accept the one it chooses
or accept the lowest bid made by and after negotiation with the tie
bidders at the time of the bid opening.
(g) Performance bonds. The city council shall have authority
to require a performance bond before entering a contract in such amount
as it shall find reasonably necessary to protect the best interest
of the city. If the city council requires a performance bond, the
form and amount of the bond shall be described in the notice inviting
bids.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1189, § 4, 8-23-21)
Purchases of supplies, equipment, and services of an estimated value in the amount of $25,000 or less may be made by the purchasing officer in the open market pursuant to the procedure prescribed in section
21A-12; provided, however, all bidding may be dispensed with for purchases of supplies, equipment, and services having a total estimated value of less than the amount established by resolution of the city council pursuant to section
21A-10.
(a) Minimum number of bids. Open market purchases shall, wherever
possible, be based on at least three bids and shall be awarded to
the lowest responsible bidder.
(b) Notice inviting informal bids. The purchasing officer may
solicit informal bids by written requests to prospective vendors,
or by telephone, or by public notice posted on a public bulletin board
in the city hall.
(c) Written bids. Sealed written bids shall be submitted to
the purchasing officer, who shall keep a record of all open market
orders and bids for a period of one year after the submission of bids
or the placing of orders. This record, while so kept, shall be open
to public inspection.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
The purchasing officer or such person as appointed by the purchasing
officer shall inspect the supplies and equipment delivered to determine
their conformance with the specifications set forth in the order.
The purchasing officer shall have authority to require chemical or
physical tests of samples submitted with bids and samples of deliveries
which are necessary to determine their quality and conformance with
the specifications.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
All using agencies shall submit to the purchasing officer, at
such times and in such forms as he/she shall prescribe, reports showing
all supplies and equipment which are no longer used or which have
become obsolete or worn out. The purchasing officer shall have authority
to exchange for or trade in on new supplies and equipment all supplies
and equipment which have become unsuitable for city use.
(a) Such
items so declared to be surplus shall be offered for sale on a competitive
bid basis. Bids may be solicited by written request, telephone, public
notice posted on city property, by public auction by advertisements
in any newspaper or magazine, or by any combination of such methods.
(b) The
city manager or designee is authorized to sell to the highest bidder
any surplus supplies or equipment. Sale of any item with an estimated
value in excess of $5,000 shall be sold to the highest bidder, in
accordance with the formal bid procedures, or any other means provided
herein, with the approval of the city manager.
(c) When,
after a reasonable effort has been made to obtain bids, no bids have
been obtained for any item or city-owned personal property declared
to be surplus, the city manager or his/her designee is authorized
to dispose of such item for the highest scrap value that can be obtained
therefor, and if a reasonable effort to do so produces no opportunity
to sell the same for scrap, he/she may cause its destruction or any
other disposition thereof upon a finding that the disposition is for
the common benefit. (
Government Code section 37350).
(d) The
city manager or designee is authorized to declare surplus office furniture,
office equipment and supplies (with a negligible fair market value)
as eligible for distribution to local non-profit organizations and
local public agencies rather than disposal through a formal bidding
or auction process. All non-profit agencies that participate in the
Cypress non-profit grant request program will be notified when such
items become available for donation. Any entity requesting a donation
must demonstrate a transparent need for the item(s) and must utilize
the item(s) as part of their operating activities. The city manager
or designee will determine the entities selected to receive a donation
based on overall value to the community. The total cumulative value
of any donated office furniture, office equipment and supplies to
a single non-profit or local public agency cannot exceed $1,000 annually.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1196, § 1, 6-27-22)
Any provision of this chapter to the contrary notwithstanding,
supplies, equipment, and/or services may be purchased from other than
the lowest responsible bidder in any case in which the city council
shall find that, in light of all circumstances applicable to the particular
purchase, including, but not limited to, location of the vendor and
the amount of staff time required for the administration of the contract,
the city will acquire the supplies, equipment, or service at a lower
net cost by effecting its purchase from a party other than the lowest
responsible bidder.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
The purchasing officer, with the approval of the council, may
contract for supplies equipment, services, or leases without observing
the procedure required herein regardless of estimated value of such
supplies, equipment, services, or leases when the best interests of
the city would be served thereby. Whenever the council approves the
purchase of supplies, equipment, services, or leases without observing
the procedures required in this chapter, the council may require that
the purchasing officer solicit informal bids under such conditions
and limitations as the city council may impose. This exemption section
shall not apply to any public work of a total value of $25,000 or
more.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
In those situations that a procurement of any product is obtainable
only from a single or sole source, and not adaptable to competitive
bidding, the purchasing officer, upon approval of the city manager,
shall negotiate with the purveyor of such equipment, product, supply,
or service to the end that the city receives the desired equipment,
product, supply, or service on fair and equitable terms, without observing
the procedures prescribed in this chapter.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99)
Every project involving an expenditure of more than $100,000
for the construction, improvement, repair, or maintenance of public
works shall be let in accordance with the procedures set forth in
the Charter of the City of Cypress. Such projects involving an expenditure
of $100,000 or less may be affected by the use of city forces or let
through informal bid procedures applicable to the purchase of supplies
and equipment. For professional services contracts under $50,000 related
to public works projects, the city manager is authorized to enter
into contract. Contracts in excess of $50,000 shall be approved by
city council. These limits shall be updated annually before July 1
of each year, based on the cost index for construction costs in Los
Angeles area as published by ENGINEERING NEWS-RECORD, New York, New
York, by resolution of city council.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1102, § 1, 10-27-08)
(a) City
departments, and direct service providers to the city, as applicable,
shall comply with the city's procurement policy regarding recovered
organic waste products and recycled-content paper procurement, as
adopted by the city council.
(b) All
vendors providing paper products and printing and writing paper to
the city shall:
(1) If fitness and quality are equal, provide recycled-content paper
instead of non-recycled products whenever recycled-content paper is
available at the same or lesser total cost than nonrecycled products.
(2) Provide paper products and printing and writing paper that meet Federal
Trade Commission recyclability standards as defined in 16 Code of
Federal Regulations (CFR) Section 260.12, as published January 1,
2013.
(3) Certify in writing, under penalty of perjury, the minimum percentage
of postconsumer material in the paper products and printing and writing
paper offered or sold to the city. This certification requirement
may be waived if the percentage of postconsumer material in the paper
products, printing and writing paper, or both can be verified by a
product label, catalog, invoice, or a manufacturer or vendor internet
website.
(4) Certify in writing, on invoices or receipts provided, that the paper
products and printing and writing paper offered or sold to the city
is eligible to be labeled with an unqualified recyclable label as
defined in 16 Code of Federal Regulations (CFR) Section 260.12, as
published January 1, 2013.
(5) Provide records to the city, in accordance with the city's procurement
policy, of all paper products and printing and writing paper purchases
within 30 days of the purchase (both recycled-content and non-recycled
content, if any is purchased) made by any division or department or
employee of the city. Records shall include a copy (electronic or
paper) of the invoice or other documentation of purchase, written
certifications as required in subsections (b)(3) and (b)(4) of this
section for recycled-content purchases, purchaser name, quantity purchased,
date purchased, and recycled content (including products that contain
none), and if non-recycled content paper products or printing and
writing papers are provided, include a description of why recycled-content
paper was not provided.
(Ord. No. 1190, § 5, 9-27-21)