San Juan Capistrano Municipal Code Art. 2 Delegation of Authority

The position of Purchasing Officer is hereby created. The City Manager, or the City Manager’s designee, shall serve as the Purchasing Officer. The Purchasing Officer shall have authority to:

(a) Ensure full and open competition on all purchases as required under all applicable laws and City policies;

(b) Coordinate vendor relations, locate sources of supply and evaluate vendor performance;

(c) Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing;

(d) Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function;

(e) Act as the City’s agent in the transfer and disposal of surplus goods, supplies, equipment and materials; and

(f) Maintain a bidders’ list, vendors’ catalog file, and the records needed for the efficient operation of procurements for the City.

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

The City Council or Purchasing Officer may authorize, in writing, any department to purchase specified goods, supplies, equipment, materials, services, or construction, but shall require that such purchases be made in conformity with the procedures established by this chapter and any supplemental City policies, and may further require periodic reports from each department on the purchases made under such written authorization.

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

There are three levels of authority applicable for the purchase of goods, supplies, equipment, materials, services, and public works projects, which shall be delegated as follows:

(a) Department heads are authorized to award or reject purchases, agreements, contracts, bids, or purchase orders, other than for public works projects, in an amount not to exceed $10,000. Department heads may approve amendments or change orders to existing purchases, agreements, contracts, or purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order(s)/amendment(s) plus original contract amount) does not exceed $10,000.

(b) The City Manager is authorized to award or reject purchases, agreements, contracts, bids, purchase orders, and public works projects, in an amount not to exceed $45,000. The City Manager may approve amendments or change orders to existing purchases, agreements, contracts, purchase orders, other than for public works projects, so long as the cumulative total of the contract (change order(s)/ amendment(s) plus original contract amount) does not exceed $45,000.

(c) The City Council is authorized to award or reject purchases, agreements, contracts, bids, purchase orders, change orders, or amendments that exceed $45,000 for goods, supplies, equipment, materials, professional and maintenance services, or public works projects.

(d) Department heads are authorized to award or reject change orders to contracts for the construction of a public works project of up to 10% of the contract amount up to a cumulative amount (original contract amount, plus change orders) of $45,000 on City Manager approved contracts. The cumulative change order amounts may not exceed the project’s contingency amount or the City Council approved budget, whichever is less.

(e) The City Manager is authorized to award or reject change orders to contracts for the construction of a public works project of up to 10% of the contract amount up to a cumulative amount (original contract amount, plus change orders) of $200,000 on City Council approved contracts. The cumulative change order amounts may not exceed the project’s contingency amount (typically 10% of the contract award amount) or the City Council approved budget, whichever is less.

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

The City Manager may authorize the purchase of goods, supplies, equipment, materials, and services without following certain City purchasing policies and procedures as prescribed by the Purchasing Officer, including obtaining the appropriate level of authority and competitive bidding, where the City Manager determines that an emergency exists and the public health, safety, or welfare of the community would be affected. All emergency purchases that would have otherwise required City Council approval due to the contract amount, or would have otherwise required a formal bid process or informal bid process, must be submitted to the City Council for ratification at the next regular City Council meeting after the purchase is authorized. For public works projects, the City Manager shall comply with the requirements set forth in Section 22050 of the Public Contracts Code.

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