City of Industry Municipal Code Ch. 3.04 Purchasing System

The following terms shall have the following meanings, unless the context requires otherwise:

"Accounting coordinator"

means the accounting coordinator of the city.

"Authority"

means the Civic-Recreational-Industrial Authority, a joint powers authority organized and existing pursuant to the joint Exercise of Powers Act, Government Code Section 6500, et seq.

"City"

means the city of Industry.

"City manager"

means the city manager or a person acting pursuant to a written authorization of the city manager.

"Industry Hills regional public park and recreation area"

means the Industry Hills regional public park and recreation area, and all buildings, facilities, structures and other improvements thereat.

"Manager"

means the manager of the Industry Hills regional public park and recreation area pursuant to written agreement with the operator.

"Operator"

means the authority or a successor operator of the Industry Hills regional public park and recreation area pursuant to written agreement with the city.

(Ord. 452 § 1, 1980)

It shall be the policy of the city to obtain, where practical, supplies and equipment of the highest quality for the lowest cost.

(Ord. 452 § 1, 1980)

The authority and responsibility for the purchase of supplies and equipment for the city shall be vested in the city manager. The city manager shall purchase supplies and equipment in accordance with the procedures prescribed in this chapter, and shall have the authority to promulgate administrative regulations to implement the provisions of this chapter.

(Ord. 452 § 1, 1980; Ord. 809 § 2, 2020)

A. Purchases of supplies and equipment of an estimated value of greater than one hundred thousand dollars shall be by written contract with the lowest responsible bidder after notice. Such notice shall invite sealed bids, include a general description of the services, supplies or equipment to be purchased, state where bid forms and specifications may be obtained and specify the time and place for the opening of bids. The city may require electronic submission of any bids.

B. Such notice shall be published on the city's website and in a newspaper of general circulation printed and published in the city, or if there is none, it shall be posted in no less than three public places in the city designated by ordinance for the posting of public notices. The city manager shall post a copy of such on a public bulletin board in the city administrative offices. The city manager shall mail a copy of such notice to anyone who has requested to be so notified.

C. All notices shall be published or posted, as the case may be, not less than ten days prior to the date specified for the opening of bids.

D. Bids shall be submitted to the city in accordance with the instructions in the notice inviting sealed bids. Bids shall be received and finalized at the time specified in the notice inviting sealed bids. All bids received by the city shall be available for public viewing and inspection following the bid opening.

E. The city council may reject any and all bids, and may waive any irregularity in any bid.

F. If two or more bids received are for the same total amount or unit price, the city manager may accept any one of such bids or may accept the lowest bid made by negotiation with such bidders following the bid opening.

G. A performance bond or other form of security may be required of bidders.

(Ord. 452 § 1, 1980; Ord. 466 § 1, 1981; Ord. 536 § 1, 1987; Ord. 590 § 1, 1992; Ord. 613 § 1, 1995; Ord. 721 § 1, 2006; Ord. 819 § 3, 2022)

A. Purchases of Less than Five Thousand Dollars. Purchases of supplies and equipment of an estimated value of less than five thousand dollars may be made by the city manager or designee over the counter.

B. Purchases of Five Thousand Dollars to Nine Thousand Nine Hundred Ninety-Nine Dollars and Ninety-Nine Cents. Purchases of supplies and equipment of an estimated value of five thousand to less than ten thousand dollars, may be made by the city manager or designee, on the open market after the solicitation of proposals from the prospective sellers of such supplies or equipment. Solicitation of proposals may be made in writing, by telephone or otherwise and shall be made to sufficient numbers of prospective sellers as may be deemed by the city manager (or designee) to be consistent with competitive bidding policies of the city and in no event less than three such proposals shall be obtained unless the city manager (or designee) determines that it is not possible to obtain three such proposals. The city manager (or designee) shall maintain a record of all such purchases and the names of each bidder, the manner in which the bids were solicited and the amount of each such bid. That record shall also reflect the reason why there are less than three bids in those instances where there were not three qualified bidders.

C. Purchases of supplies and equipment of an estimated value of ten thousand dollars or more may be made by the city manager on the open market after the solicitation of proposals as set forth in subsection B.

(Ord. 452 § 1, 1980; Ord. 466 § 2, 1981; Ord. 536 § 2, 1987; Ord. 590 § 1, 1992; Ord. 613 § 2, 1995; Ord. 721 § 2, 2006; Ord. 819 § 4, 2022)

Procurement of professional services of an estimated value of fifty thousand dollars or less may be made by the city manager at his or her discretion on the open market without specific solicitation or competitive bidding requirements. Professional services greater than fifty thousand dollars shall require prior approval by the city council. For the purposes of this section, professional services shall include, without limitation, consultants, advisors, attorneys, architects, planners, engineers, auditors, or other professionals with advanced or specialized knowledge, expertise or training gained by formal studies, or any other professional services listed in California Government Code Sections 4525—4529.5, 37103, and 53060 so long as the service performed does not constitute a public works project.

(Ord. 637 § 2, 1998; Ord. 819 § 5, 2022)

Sections 3.04.040 and 3.04.050 shall not apply to the purchase of supplies and equipment under the following circumstances:

A. Such supplies or equipment are of an estimated value of less than ten thousand dollars; or

B. Such supplies or equipment are unique because of their quality, durability, availability or fitness for a particular use; or

C. Such supplies or equipment are available from only one source; or

D. The city manager has determined that exigent circumstances require the immediate purchase of such supplies or equipment; or

E. Such supplies or equipment are purchased for the purpose of resale at the Industry Hills regional public park and recreation area; or

F. Such supplies or equipment do not have a useful life beyond one year and are purchased for use by or on behalf of the operator of the Industry Hills regional public park and recreation area in connection with the operation, management or maintenance thereof; or

G. Such supplies or equipment are provided by an independent contractor pursuant to an agreement with the city for the furnishing of labor and materials for other than the construction of a public works project; or

H. Purchases of supplies or equipment where competitive bid procedures have already been utilized by the city, another public agency, including, but not limited to, federal, state, and county governments, including state of California agencies, joint powers authorities, special districts, or non-profit agencies whose main purpose is to assist cities or other public entities, including, but not limited to, the California Contract Cities Association and the League of California Cities.

(Ord. 452 § 1, 1980; Ord. 637 § 1, 1998; Ord. 809 § 3, 2020)

In addition to the exceptions set forth in Section 3.04.060, Sections 3.04.040 and 3.04.050 shall not apply to the purchase of supplies and equipment for projects related to the construction, modification, addition, extension, replacement or expansion of public utility facilities and street lighting, or the transmission or distribution system thereof, operated by, or under the control of the city. For purchases of such supplies and equipment with an estimated value over two hundred fifty thousand dollars, the city manager shall first attempt to follow the procedures set forth in Section 3.04.050; however, such procedures shall not be mandatory if the city manager's determination is that supplies and equipment must be purchased immediately for the efficient operation of the public utility.

(Ord. 671 § 2, 2001; Ord. 819 § 6, 2022)