San Jose Municipal Code Part 2 Scope and Authority

A. The provisions of this chapter shall be applicable to the following types of contracts:

1. Contracts for the purchases of supplies, materials and equipment,

2. Contracts for services.

3. Contracts for information technology.

B. The provisions of this chapter shall not be applicable to:

1. Public works construction contracts,

2. Grant agreements,

3. Agreements for the design, fabrication or installation of works of art, or

4. Leases, licenses or other interests in real property.

(Ords. 27980, 28897.)

Unless and except as may be otherwise provided elsewhere in this Code, the director shall be responsible for the procurement and provision of supplies, materials and equipment and procurement of contracts for services for the city. In particular, but not by way of limitation, the director shall have the following specific powers and duties:

A. Take the necessary action to ensure that the city will receive the needed quality and quantity of supplies, materials and equipment at least expense to the city;

B. Negotiate and recommend execution of contracts for the purchase of supplies, materials and equipment and for the performance of services;

C. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;

D. Keep informed of current developments in the field of purchasing prices, market conditions and new products;

E. Prepare and recommend to the city manager rules governing the purchase of supplies, materials and equipment and services for the city;

F. Prescribe and maintain forms as are reasonably needed to implement this chapter;

G. In those situations requiring the publication of notice inviting bids, the director shall cause such notices to be published without first obtaining the consent of the city council thereto;

H. Execute contracts and purchase orders for supplies, materials or equipment and for services when authorized by the city manager;

I. Hear and decide protests of procurement decisions as set forth in this Chapter.

(Ord. 27980.)