Ordinance No. 1212212
ORDINANCE NO. 1212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF CYPRESS,
CALIFORNIA, AMMENDING SECTION 21A OF THE CYPRESS MUNICIPAL
CODE ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR
CITY PERSONNEL
WHEREAS, section 21A of the Cypress Municipal Code establishes the requirements for
the City's purchasing system and includes monetary limits on bid procedures and contract award
thresholds; and
WHEREAS, the current monetary limits on bid procedures and contract award thresholds
was last adjusted in 1999 from $10,000 to $25,000; and
WHEREAS, inflation since 1999 in the Los Angeles, Long Beach and Anaheim area has
increased by more than 100% over this time; and
WHEREAS, a survey of all 34 Orange County cities was conducted which indicated
Cypress' threshold was the second lowest in the County; and
WHEREAS, it is appropriate to periodically update the monetary limits on bid procedures
and contract award thresholds to ensure the efficient use of staffing resources and limit the
number of routine items presented to City Council for consideration; and
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY ORDAIN as
follows:
SECTION 1. Section 21A of the Cypress Municipal Code is hereby amended to
read as follows:
"Sec. 21A-10(d).Bidding generally
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 of $50,000 or less the city manager is authorized to enter into the
contract. Further, the city manager may enter into contracts up to five years in duration if the total
value of the contract does not exceed $100,000 for the term of the contract. All contracts in excess
of $50,000 shall be approved by the city council, except as noted above.
These limits shall be updated based on the October Consumer Price Index for Los Angeles
- Long Beach — Anaheim, CA as published by the Bureau of Labor Statistics. The first update will
be effective in January 2030 and updated every five years thereafter by resolution of the City
Council.
Sec. 21A-10(h).Bidding generally
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 of $50,000 or less the city manager
is authorized to enter into the contract. Further, the city manager may enter into contracts up to
five years in duration if the total value of the contract does not exceed $100,000 for the term of
the contract. All contracts in excess of $50,000 shall be approved by the City Council, except as
noted above.
These limits shall be updated based on the October Consumer Price Index for Los Angeles
- Long Beach — Anaheim, CA as published by the Bureau of Labor Statistics. The first update will
be effective in January 2030 and updated every five years thereafter by resolution of the City
Council..
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Sec. 21A-12.Formal contract procedure
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 $50,000 shall be by written contract with the lowest responsible bidder, pursuant to the
procedure hereinafter prescribed.
Sec. 21A-13.Open market procedure
Purchases of supplies, equipment, and services of an estimated value in the amount of
$50,000 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.
Sec. 21A-17.Contracting for the purchase of supplies, equipment, services, or
leases; exemption.
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 contract.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance and this
Ordinance shall be published as required by law and shall take effect as provided by law.
FIRST READING at a regular meeting of the City Council of the City of Cypress held on
the 12th day of November, 2024 and finally adopted and ordered posted at a regular meeting held
on the 9th day of December, 2024.
MAYOR OF THE C TY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 9th
day of December, 2024, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Burke, Mallari, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Marquez
CITY CLERK OF THE OfTY OF CYPRESS