Contractor Ethics
Contractors shall not provide or promise to provide any gift or other consideration, directly or indirectly, to any officer, employee, or agent of the City to obtain a City contract. Contractor shall not, at any time, have any financial interest in a City contract or the project that is the subject of a contract, other than the compensation to be paid to Contractor as set forth in the contract.
Conflicts of Interest
A. No officer, official, employee, agent, representative or volunteer of City shall have any financial interest, direct or indirect, in the City contract, or participate in any decision relating to the City contract that affects his or her financial interest or the financial interest of any corporation, partnership, association or other entity in which he or she is interested, in violation of any Federal, State or City statute, ordinance or regulation. Contractor shall not employ any such person while the City contract is in effect.
B. Contractor represents, warrants and covenants that he, she or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor's obligations and responsibilities under the City contract. Contractor further agrees that while the City contract is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor's obligations and responsibilities under the City contract.
C. Contractor represents and warrants that it has not provided or promised to provide any gift or other consideration, directly or indirectly, to any officer, employee, or agent of City to obtain City’s approval of the City contract. Contractor shall not, at any time, have any financial interest in the City contract or the project that is the subject of the City contract other than the compensation to be paid to Contractor as set forth in the City contract. In the event the work and/or services to be performed hereunder relate to a project and/or application under consideration by or on file with the City, (i) Contractor shall not possess or maintain any business relationship with the applicant or any other person or entity which Contractor knows to have a personal stake in said project and/or application, (ii) other than performing its work and/or services to City in accordance with the City contract. Contractor shall not advocate either for or against said project and/or application, and (iii) Contractor shall immediately notify City in the event Contractor determines that Contractor has or acquires any such business relationship with the applicant or other person or entity which has a personal stake in said project and/or application. The provisions in this Section shall be applicable to all of Contractor’s officers, directors, employees, and agents, and shall survive the termination of the City contract.
D. Contractor acknowledges that pursuant to the provisions of the Political Reform Act (Government Code section 87100 et seq.), City may determine Contractor to be a "Consultant" as that term is defined by the Act. In the event City makes such a determination, Contractor agrees to complete and file a "Statement of Economic Interest" with the City Clerk to disclose such financial interests as required by City. In such event, Contractor further agrees to require any other person doing work under the City contract to complete and file a "Statement of Economic Interest" to disclose such other person's financial interests as required by City.
Purchase Orders
A purchase order is required prior to the commencement of work to be performed, and any goods provided to the City, in order for payment to be made, with the exception of purchases made using the Purchasing Card.
Blanket Purchase Orders and Standing Purchase Orders
The Purchasing Section encourages consolidation of annual requirements for certain commodities and services. Blanket Purchase Orders (BPO’s) or Standing Purchase Orders (SPO’s) are issued so that supplies or services can be requested by authorized personnel on an as-needed basis for certain City requirements. Such orders achieve economies of scale, cut expenditures, and reduce administrative handling costs. BPO’s and SPO’s require a detailed scope of services or description of materials to be purchased, along with pricing information. For on-site services BPO’s and SPO’s, the City of Irvine requires that a form be completed by the contractor which includes the City’s insurance requirements. Insurance certificates must be submitted prior to the issuance of a purchase order, and any work being performed.
Purchasing Cards
The City has elected to participate in a Purchasing Credit Card program designed to achieve cost savings and improve processing time for low dollar value supplies and some off-site services. Some restrictions apply.
Invoicing and Payment Terms
No work shall be performed until the receipt of a signed City of Irvine Purchase Order. The Purchase Order number must be included on all invoices. Failure to reference the correct purchase order number shall result in the return of the unpaid invoice. Click here for the City’s invoice requirements.
The City’s standard payment terms are net 30 days after receipt of materials or satisfactory completion of services, and receipt of an approved invoice. Where available, discount terms are taken advantage of, such as 2% 10, net 30.
All suppliers must submit completed W-9 Forms prior to receiving a Purchase Order. Any change in the W-9 information (such as address change) requires that a new W-9 form be submitted. Forms should be sent to the attention of Accounts Payable, City of Irvine, PO Box 19575, Irvine, CA 92623-9575. Click here for a W-9 form.
The City encourages the use of payment via Electronic Funds Transfers (EFT). This method allows payments of invoices directly to your company’s bank account, thereby reducing the lead time for payment receipt. Click here for an EFT request form.
Invoices should be sent via email to: invoicesubmittal@ci.irvine.ca.us
Formal price quotations/proposals must be obtained on all purchases for goods and services where the dollar amount exceeds $5,000, unless there is a substantiated sole source condition.
If formal bids or proposals are required, they are solicited from at least three firms, including those registered on the City’s online system and any others suggested by the end user department. The Invitation for Bids or Request for Proposals documents state an opening date and time, and no late bids or proposals will be accepted. All formal bid openings, which are held for public works projects greater than $30,000, are open to the public and may be attended by any interested party. After the bids are opened, they are evaluated by the issuing department. After the lowest responsive bid is determined, the award is made.
The City prohibits the separation or splitting of work or projects to circumvent our bidding requirements. A project is defined as work that is of similar nature (e.g., painting, roofing, electrical, etc.), is in close proximity (e.g., located at City Hall, etc.), and with project start dates within two weeks of each other. Another criterion to consider would be that the City could realize a lower price due to economies of scale, where combining smaller projects would likely result in a lower overall project cost. If you suspect a City staff member is requesting you to separate or split work, please contact the Purchasing Agent at (949) 724-6180 to discuss, or you may call the City’s Integrityline at (866) 428-1509, as referenced in the Ethics Codes section of this guide.
The City may take advantage of cooperative or “piggyback” agreements. Competitive bidding is not required for orders covered by these contracts. If your firm has been awarded a contract with another government agency, and can offer the same pricing to the City, please contact the Purchasing Section with information. An example of such an agreement is the California Multiple Award Schedule (CMAS).
Professional Consultants
The City utilizes a Consultant Team Program for contracts with professional services providers. Categories covered in the program include engineering, architecture, building and safety, planning and financial services. Contracts continue for a three year period. Firms interested in applying must register on the online supplier registration system noted above.
It is the City’s policy to advertise public works projects exceeding $125,000 in the Irvine World News or the Orange County Register, as well as the following trade publications: 1) Associated General Contractors of America; 2) Construction Bidboard; 3) F.W. Dodge (The Green Sheet); 4) Reed Construction Data; and 5) Southern California Builders Assn. The notification is also posted on the City’s website at www.cityofirvine.org/purchasing. Click on the link that states, “You may register your firm or check for current bid and RFP opportunities by clicking here.” Public works projects between $30,000 and $125,000 are advertised in the trade publications mentioned above.
Direct Contact with Departments
Due to the centralized nature of the purchasing function at the City, supplier representatives should contact the Purchasing Section, rather than other staff members, with new product information. All potential suppliers are strongly encouraged to register online, as they will then be notified of any bidding or proposal opportunities. Suppliers are cautioned that only Purchasing staff is authorized to issue written purchase orders, with the exception of Purchasing Card orders. Failure to follow these procedures will result in delayed payments or the return of material to the suppliers.
Environmentally Preferred Products
The City strongly encourages the use of Environmentally Preferred Products such as recycled or “green” products whenever feasible. The Purchasing Section may be contacted if your firm has new Environmentally Preferred Product offerings. Please call (949) 724-6180 to discuss with Purchasing staff.
The City has a Disadvantaged Business Enterprise (DBE) program for those projects funded in whole or in part with Department of Transportation funding. These projects are formally bid, so the Notice Inviting Bids will be published in the local newspaper and construction trade journals as noted above. The City also encourages doing business with other small businesses.
Persons with Disabilities Program
The City of Irvine is a strong proponent of providing employment opportunities to persons with disabilities. In support of this belief, the City also encourages its contractors and consultants to provide employment opportunities to this productive group of citizens. The organizations listed below provide a valuable resource to the community, and are able to assist your firm in establishing a persons with disabilities program, including providing job coaches during job training.
In accordance with the provisions of City of Irvine Ordinance No. 07-15, Living Wage Requirements, Contractors who enter into a contract with the City to provide services with an estimated value of one hundred thousand dollars ($100,000) or more for any consecutive twelve-month period shall pay not less than the Living Wage, as established by the City. Any subcontractor(s) performing work on the contract shall also be subject to the Living Wage Requirements. The Ordinance, current Living Wage Rates and other information, may be found on the City’s website, Purchasing page, at www.cityofirvine.org/purchasing. Click here for Living Wage Information.
"Emergency" as used in the Public Contract 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 services. For such purchases, a purchase order may be issued after such work has been performed, if the work is required outside of normal business hours.
Business License Requirements
Firms doing business with the City (except for shipping goods from outside of the City) are required to possess a current City of Irvine business license. Business licenses may be obtained by contacting the Regulatory Affairs Dept. at (949) 724-6310, or by visiting the City’s website at www.cityofirvine.org. Click here for Business License information.
Requests for copies of public records should be directed in writing to the City Clerk’s Office. Public Information Request Forms are available on the City’s website at www.cityofirvine.org. Click here for Public Records Requests. Or, you may contact our Records Department directly at (949) 724-6281. To obtain the results of a formal public works project bid opening, you may contact the Purchasing Section at (949) 724-6180, and the bid summary information will be sent via facsimile or email.
Governing State Law
By law, all purchases of goods and services shall be governed by the laws of the State of California.
Insurance Requirements
Firms performing services for the City are required to provide proof of insurance coverage as set forth in the applicable contract or Purchase Order Exhibit form. A Purchase Order will not be issued until receipt of all required insurance certificates. Generally, insurance limits are General and Automobile Liability Insurance and Workers’ Compensation in the amount of One Million Dollars ($1,000,000) per occurrence, and two times aggregate. Professional service providers are required to carry Professional Liability (Errors and Omissions) insurance at One Million Dollars ($1,000,000) per claims made. Original, signed insurance certificates should be sent via email by the contractor’s insurance broker/agent to the City project manager named on the contract or Purchase Order Exhibit form. Click here for a sample insurance certificate.
Doing Business with the City of Irvine