San Juan Capistrano Municipal Code Art. 1 General Provisions

This purchasing system is hereby adopted in order to establish efficient regulations, policies and procedures for the purchase of goods, supplies, equipment, materials, and services, to secure on behalf of the City, the goods, supplies, equipment, materials, and services at the lowest possible cost, taking into consideration quality, service levels, and time constraints, together with other relevant factors, to exercise positive financial control over purchases and procurements, to clearly define authority for the purchasing function, and to comply with all applicable laws in a professional and ethical manner.

(Ord. No. 999, § 1, 2012; Ord. No. 1070, § 2, 2019)

This purchasing system is hereby adopted in accordance with the provisions of Sections 54202 through 54205 of the Government Code of the State of California. The authority for the purchase of goods, supplies, equipment, materials, and services shall be vested in a Purchasing Officer as designated in Section 3-4.201, and the procedures and policies contained in this chapter, the City’s administrative purchasing policies and procedures, as well as supplemental rules and resolutions adopted by the City Council or its designee shall hereafter be followed for the procurement of goods, supplies, equipment, materials and services.

(Ord. No. 999, § 1, 2012; Ord. No. 1070, § 2, 2019)

For the purposes of this chapter, the words and terms set forth below shall be construed in accordance with the following definitions:

"Budgeted"

shall mean the amount of appropriations within a fund adopted for expenditure by the City Council.

"Formal bid process"

shall mean the public bidding process used for purchases of goods, supplies, equipment, or materials. The process requires a public notice inviting bids, availability of specifications, bid opening, determination of lowest responsive and responsible bidder, awarding of the bid, and public access to the results of the process. The same process is used for formal requests for proposals/qualifications.

"Goods, supplies, equipment, and materials"

shall mean fixed, movable, disposable, or reusable products, commodities, or items used by the City, including, but not limited to, office supplies, program supplies, subscriptions, vehicles, fuel and vehicle supplies, tools, computers, computer hardware and software, landscape and irrigation supplies, power tools, janitorial supplies, office furniture, and fixtures that will be furnished to or used by any department.

"Informal bid process"

shall mean a bidding process used, when applicable, for purchases of goods, supplies, equipment, materials or services. The process requires a notice inviting informal bids, which shall be mailed to contractors on the qualified bidders list and, where applicable, advertised in designated construction trade journals, availability of project details, bid opening, determination of successful bidder, and awarding of the contract.

"Maintenance services,"

as defined as “maintenance work” in Public Contract Code Section 22002, shall mean the furnishing of labor, time or effort by a contractor, including, but not limited to:

(1)

Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes;

(2)

Minor repainting;

(3)

Resurfacing of streets and highways at less than one inch;

(4)

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and

(5)

Work performed to keep, operate and maintain publicly owned water or waste disposal systems.

"Originating department"

shall mean any department requiring goods, supplies, equipment, materials, services, or construction procured pursuant to this chapter.

"Personal services"

shall mean the furnishing of labor, time or effort by a contractor for such nonprofessional services as the City may, from time to time, find necessary and proper for the functioning of the City.

"Professional services"

shall mean services provided by any specially trained, educated, experienced or licensed person, company, corporation, or firm, and which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise, training, or unique skills gained by formal studies or experience.

"Public works project,"

as defined as “public project” in Public Contract Code Section 22002, shall mean construction, reconstruction, erection, alteration, restoration, improvement, demolition, and repair work involving any facility owned, leased, or operated by the City, and also includes painting or repainting any facility owned, leased, or operated by the City. Construction, erection, improvement, or repair of dams, reservoirs and electrical transmission lines of 230,000 volts and higher that are owned by the City are also within this definition.

"Purchase"

shall mean an order or contract for goods, supplies, equipment, materials or services for a specific quantity, purpose, or period of time.

"Purchase order"

shall mean a commercial document issued by a buyer to a seller, indicating types, quantities, and agreed prices for products or services the seller will provide to the buyer.

"Qualified bidders list"

shall mean one list for ongoing service requirements for the same or very similar services, including maintenance services, professional services, personal services, and qualified construction contractors, categorized by the type of product sold or work performed for use in soliciting bids. The qualified bidders list shall be approved by the City Council at least every three years. The City Manager shall have the authority to add qualified bidders to the list as needed, however any additions must be submitted to the City Council for ratification at the next regular City Council meeting.

"Responsible bidder"

shall mean a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the work proposed.

"Responsive bidder"

shall mean a bidder who has submitted a bid which conforms in all material respects to the notice inviting bids.

"Services"

means either “personal services,” “maintenance services” or “professional services.”

"Sole source"

shall mean an award for a commodity or service that can feasibly be obtained from only one source.

"Surplus property"

means property, other than real property, no longer needed by City departments for their operations, obsolete property, property in poor or nonworking condition, or property that is a by-product (i.e., scrap metal, used tires, oil, etc.).

(Ord. No. 999, § 1, 2012; Ord. No. 1070, § 2, 2019)