Chapter 4.12 — PROCUREMENTS OF GOODS AND SERVICES

State Law reference— For statutory provisions requiring local agencies to adopt policies and procedures governing purchases of supplies and equipment, see Gov. Code § 54202; for Charter provisions on bid requirements for the purchase of supplies and equipment, see Charter § 1217.

Part 1 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27980.)

"Bidder" means a person who submits a response to a competitive city solicitation.

(Ord. 27980.)

"City" means the City of San José acting through the city council, the city manager, the director of finance or such other person who is authorized under this Code or duly designated to procure and execute contracts on behalf of the city.

(Ord. 27980.)

"City manager" means the city manager or his or her designee.

(Ord. 27980.)

"Competitive Procurement Threshold" means Fifteen Thousand Dollars ($15,000).

(Ords. 30955, 31227.)

"Director" shall mean the director of finance or his or her designee, or such other director designated by the city manager to administer this chapter.

(Ord. 27980.)

"Formal bidding" shall mean bidding conducted pursuant to the procedure set forth in Section 4.12.310B.

(Ord. 27980.)

"Informal Procurement Threshold" means Three Hundred Fifty Thousand Dollars ($350,000), as adjusted pursuant to Section 4.04.085, starting on July 1, 2025.

(Ords. 30955, 31227.)

"Local business enterprise" means a business enterprise, including but not limited to a sole proprietorship, partnership, or corporation, which has a legitimate business presence in the County of Santa Clara, California. Evidence of legitimate business presence in San José shall include:

A.

Having a current San José business tax certificate; and

B.

Having either of the following types of offices operating legally within the County of Santa Clara:

The contractor's principal business office; or

The contractor's regional, branch or satellite office with at least one (1) full-time employee located in the County of Santa Clara.

(Ord. 27980.)

"Procurement authority" means the city manager, council appointee, director of finance or such other person who has been duly authorized to procure a contract in accordance with the provisions of this title.

(Ord. 27980.)

A "Purchase" means the acquisition of those supplies, materials, equipment, or service bought in a single transaction from a single vendor.

(Ord. 27980.)

"Response" means a bid, proposal, quote, statement of qualification or other communication offered in response to a city solicitation.

(Ord. 27980.)

"Responsible" means a bidder's quality, fitness and capacity to perform the particular requirements of the proposed work, including the standards of responsibility set forth in Sections 4.10.200 through 4.10.220 of this title.

(Ord. 27980.)

"Responsive" means a bidder's compliance with the solicitation instructions.

(Ord. 27980.)

A.

"Services" means:

Any work performed or services rendered by an independent contractor, with or without the furnishing of materials, to do the following:

a.

Maintenance or nonstructural repair of City buildings, structures or improvements, which does not require engineering plans, specifications or design, including but not limited to unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, elevator maintenance, custodial services and pest control;

b.

Repair, modification, and maintenance of City equipment and software;

c.

Cleaning, analysis, testing, moving, removal or disposal (otherwise than by sale) of City materials, supplies and equipment;

d.

Replanting, care, or maintenance of public grounds, including but not limited to trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or designs;

e.

Provide temporary personnel services;

f.

Provide other miscellaneous services to facilitate department operations;

g.

Perform repair, demolition or other work required to abate nuisances pursuant to this Code;

h.

Install and implement information technology projects; or

i.

Perform technical or professional services.

Leasing or rental of personal property for use by the City.

B.

"Services" shall not include:

Any Public Works Project as defined in Section 1217(a)(1) of the San José City Charter, or any purchases of materials, supplies or equipment;

Services performed under a grant agreement between the City and a grantee of a City program;

Services for the design, fabrication or installation of a work of art; or

Services performed under a concession agreement between the City and a licensee or permittee on City property.

C.

Consistent with the definition of Public Works Project in Section 1217(a)(1) of the San José City Charter, Services involving maintenance can include repairs, construction, erection, improvement or demolition incidental to such maintenance. To be "incidental" to such maintenance, the procurement must demonstrate that the repairs, construction, erection, improvement or demolition are:

Absolutely necessary to the proper completion of the maintenance; and

A minor component of the maintenance considering factors such as the cost and complexity of the maintenance, and the cost and complexity of the repairs, construction, erection, improvement or demolition.

(Ords. 27980, 28897, 30308, 31227.)

"Services incidental to lease or purchase" means any services which are ordinarily or customarily provided with the supplies, materials or equipment which are the subject of the lease or purchase, or which are otherwise determined by the procurement authority necessary to the efficient conclusion of the lease or purchase. Examples of such incidental services include but are not limited to assembly, installation, integration, implementation, configuration, training, maintenance, support, and delivery and other transportation charges.

(Ord. 28802.)

As used in this title, "small business enterprise" means a local business enterprise that has thirty-five (35) or fewer total employees. With respect to bids or proposals submitted by partnerships or joint ventures, the number of employees for purposes of qualifying as a small business enterprise shall be determined by the total number of employees of each of the members of the partnership or joint venture combined.

(Ord. 27980.)

"Solicitation" means a request for bids, proposals, quotes, qualifications or other document in furtherance of a city procurement of goods or services.

(Ord. 27980.)