Ordinance Number 999ORDINANCE NO. 999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING IN ITS
ENTIRETY CHAPTER 4 OF TITLE 3 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE REGARDING PROCUREMENT PROCEDURES.
WHEREAS, the City's Procurement Procedures, set forth in Chapter 4 of Title 3
of the San Juan Capistrano Municipal Code, establishes regulations concerning the
process and procedures for the purchase of goods, supplies, equipment, materials, and
services, and public works projects; and,
WHEREAS, Chapter 4 of Title 3 of the San Juan Capistrano Municipal Code was
last amended in its entirety on February 16, 1999; and,
WHEREAS, additional City documents providing guidance on purchasing and
contracting include City Council Policy 112 and the City Manager's Administrative
Policies 504, 507 and 510; and,
WHEREAS, State law requires general law cities to adopt policies and
procedures for the acquisition of supplies and equipment, and it is considered a best
practice to require competitive bids for goods and supplies, equipment, materials, and
non-professional services contracts in excess of certain designated dollar amounts;
and,
WHEREAS, pursuant to Government Code sections 54202 and 54203
(contracting for supplies and equipment), the City now desires to update and
consolidate its regulations, policies, and procedures concerning the procurement of
goods, supplies, equipment, materials, and services on behalf of the City through the
adoption of an amended and restated procurement ordinance, which amends and
restates the San Juan Capistrano Municipal Code; and,
WHEREAS, by way of City Resolution No. 06-09-19-04, approved on September
19, 2006, the City elected to adopt and follow the Uniform Construction Cost Accounting
Procedures (UCCAP) for all public works projects, as set forth in the Public Contract
Code section 22010, et. seq.; and,
WHEREAS, the City now desires to update and consolidate its regulations,
policies and procedures concerning the procurement of public works projects on behalf
of the City through the adoption of an amended and restated procurement ordinance,
which amends and restates the San Juan Capistrano Municipal Code.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4 of Title 3 of the San Juan Capistrano Municipal Code,
entitled "PROCUREMENT PROCEDURES," is hereby amended and restated in its
entirety to read as follows:
CHAPTER 4. - PROCUREMENT PROCEDURES
Article 1. - General Provisions
Article 2. - Delegation of Authority
Article 3. - Purchasing Procedures
Article 4. - Miscellaneous Provisions
Article 5. - Public Works Proiects
Article 1. - General Provisions
Sec. 3-4.101. -Adoption of purchasing system.
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/or 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.
Sec. 3-4.102. - City's purchasing system.
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.
Sec. 3-4.103. - Definitions.
For the purposes of this chapter, the words and terms set forth below shall be
construed in accordance with the following definitions:
(a) "Budgeted" shall mean the amount of appropriations within a fund adopted
for expenditure by the City Council.
(b) "Formal bid process" shall mean the public bidding process used for
purchases of goods, supplies, equipment, materials or services. The
process requires a public notice inviting bids, availability of specifications,
bid opening, determination of lowest responsive and responsible bidder,
2 0999
7
awarding of the bid, and public access to the results of the process. The
same process is used for formal requests for proposals/qualifications.
(c) "Goods, supplies, equipment, and materials" shall mean fixed, movable,
disposable, and/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, which shall be
furnished to or used by any department.
(d) "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.
(e) "Maintenance services" shall mean the furnishing of labor, time or effort
by a contractor, including, but not limited to: (a) routine, recurring, and
usual work for the preservation or protection of a publicly -owned, or
publicly -operated facility for intended purposes; (b) minor repainting; (c)
resurfacing of streets and highways at less than one inch (1"); (d)
landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants, and servicing of irrigation and sprinkler
systems; and (e) work performed to keep, operate and maintain publicly -
owned water or waste disposal systems.
(f) "Originating department" shall mean any department requiring goods,
supplies, equipment, materials, services, and/or construction procured
pursuant to this Chapter.
(f) "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.
(g) "Public works project" 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.
3 0999
(h) "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.
(i) "Qualified bidders list" shall mean one list for ongoing service
requirements for the same or very similar services, including maintenance
services, professional 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.
{j) "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.
(k) "Responsive bidder" shall mean a bidder who has submitted a bid which
conforms in all material respects to the Notice Inviting Bids.
(1) "Sole source" shall mean an award for a commodity or service that can
feasibly be obtained from one source only.
(m) "Surplus property" means property, other than real property, no longer
needed by City departments for their operations, obsolete property,
property in poor or non -working condition, or property that is a by-product
(i.e., scrap metal, used tires, oil, etc.)
Article 2. — Delegation of Authority
Sec. 3-4.201. - Purchasing Officer.
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;
4 0999
(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.
Sec. 3-4.202. - Exemptions from centralized purchasing.
The City Council or Purchasing Officer may authorize, in writing, any department
to purchase specified goods, supplies, equipment, materials, services, and/or
construction, but shall require that such purchases be made in conformity with the
procedures established by this Chapter, the provisions of Sections 54201 through
54204 of the Government Code of the State, and any supplemental policies, and may
further require periodic reports from each department on the purchases made under
such written authorization.
Sec. 3-4.203. - Purchasing Authority.
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, and/or purchase orders, other than for public
works projects, in an amount not to exceed $10,000. Department Heads
may approve amendments and/or change orders to existing purchases,
agreements, contracts, and/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 value) does not exceed
$10,000.
(b) City Manager is authorized to award or reject purchases, agreements,
contracts, bids, purchase orders, and/or public works projects, in an
amount not to exceed $45,000. City Manager may approve amendments
and/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 value) does not exceed $45,000.
(c) The City Council shall award or reject purchases, agreements, contracts,
bids, purchase orders, change orders, and/or amendments that exceed
$45,000 for goods, supplies, equipment, materials, professional and
maintenance services, or public works projects.
5 0999
(d) Department Heads are authorized to award or reject change orders during
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) 17
of $45,000 on City Manager approved contracts. The cumulative change
order amounts may not exceed the project's contingency amount and/or
City Council approved budget.
(e) The City Manager is authorized to award or reject change orders during
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 $175,000 on City Council approved construction contracts. The
cumulative change order amounts may not exceed the project's
contingency amount (typically 10% of the contract award amount) and/or
City Council approved budget.
(f) The City Manager is authorized to award or reject change orders for public
works projects over $175,000 up to 10% of the contract amount limited to
$50,000 for service contracts and $100,000, for construction contracts.
The cumulative change order amounts may not exceed the project's
contingency amount or City Council approved budget.
Sec. 3-4.204. - Emergency Purchases.
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/or 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 require 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.
Article 3. - Purchasing Procedures
Sec. 3-4.301. - Purchases under $3,000.
Purchases which have a total value of Three Thousand Dollars ($3,000.00) or
less shall be made utilizing petty cash, check request or other procedures, as may be
prescribed by the Purchasing Officer.
P1
6 0999
Sec. 3-4.302. - Purchase orders.
Purchase of goods, supplies and, equipment, materials and services in excess of
Three Thousand Dollars ($3,000) shall be made only by Purchase order. Except as
otherwise provided in this chapter, no Purchase order shall be issued unless the prior
approval of the Purchasing Officer, or the Purchasing Officer's designated
representative, has been obtained.
Sec. 3-4.303. - Encumbrance of funds.
Except in cases of emergency, the Purchasing Officer shall not issue any
Purchase order(s) for supplies and equipment unless there exists an unencumbered
appropriation in the City's budget against which such purchase is to be charged.
I
Sec. 3-4.304. - Competitive bidding.
The total estimated dollar value of the goods, supplies, equipment, materials,
services, and/or projects determines the bidding procedures and/or procurement
methods that must be followed, as described below:
(a) Goods, supplies, equipment and materials, and non-public works projects:
(i) No bidding required: $3,000 or less
(ii) Informal quote: $3,001 - $25,000
(iii) Formal bid process: Over $25,000
(b) Professional and Maintenance Service Contracts:
(i) Informal quote: $25,000 or less
(iii) Formal RFP/RFQ Bid Process: Over $25,000
(c) Public works projects:
(i) No bidding required: $45,000 or less
(ii) Informal bid process: $45,001 - $175,000
(iii) Formal bid process: Over $175,000
Sec. 3-4.305. - Open market and informal quote purchases.
Purchases of goods, supplies, equipment, materials, and professional and
maintenance services of an estimated value in the amount of Twenty -Five Thousand
Dollars ($25,000) or less may be made by the appropriate level of authority identified in
Section 3-4.202 above, utilizing the open market process or informal quote process, as
prescribed by the Purchasing Officer, without adhering to the procedures prescribed for
Informal bid process or Formal bid process. The open market process and informal
quote process shall follow, at a minimum, the following guidelines:
(a) Minimum number of bids. Open market purchases and informal quotes
shall, whenever possible, be based on at least three (3) bids.
7 0999
(b) Soliciting bids. The Originating department shall solicit bids from
prospective vendors by written request or telephone request.
(c) Award of purchase. Open market purchase and informal quotes purchase
shall be awarded to the lowest responsible bidder as determined by the
Department Head.
Sec. 3-4.306. - Formal Request for Proposal or Request for Qualifications.
The Request for Proposal (RFP) or Request for Qualifications (RFQ) process
shall be utilized to engage services on the basis of demonstrated competence and
qualifications for the types of services to be performed and at fair and reasonable prices
to the City. The following minimum guidelines and procedures shall be implemented by
the Purchasing Officer:
(a) The Originating department shall prepare the RFP/RFQ for the type of
services to be performed, which shall contain, among other details, scope
of the problem or objective, services to be performed, work product to be
provided, anticipated time schedule, evaluation factors, expectations
and/or limitations, contractual requirements, types of experience and
qualifications considered in the evaluation, and other requirements
specific to the scope of work.
(b) In issuing the RFP/RFQ, the Originating department shall prepare a list of
at least three potential firms to receive the RFP/RFQ, and where
appropriate, advertise the RFP/RFQ in a local newspaper of general
circulation. The City shall allow a reasonable length of time, based on the
complexity and size of the project, between solicitation and closing dates
to provide potential applicants time to respond.
(c) All proposals received by the City in response to an RFP/RFQ shall be
time stamped and submitted to the Originating department. All proposals
received by 5:00 p.m. on the closing date of the RFP/RFQ shall be
opened in the presence of the Department Head, or the Department
Head's designee, on the following workday.
(d) Proposals shall be evaluated by a selection committee, appointed by the
Department Head of the Originating department, subject to the approval of
the City Manager or Purchasing Officer, on the general quality and
responsiveness of the proposal, the qualifications of the organization or
personnel submitting the proposal, and when applicable, the proposed
cost for the services requested.
(e) The formal RFP/RFQ process may be bypassed only in the following
circumstances:
8 0999
(i) In emergency situations where the Department Head determines
that an emergency exists and the public health, safety or welfare of
the community would be affected;
(ii) When only one known service provider is available; or,
(iii) When extenuating circumstances would make the formal RFP/RFQ
process not the most cost-effective approach.
Sec. 3-4.307. - Qualified bidders list.
(a) The Purchasing Officer shall develop criteria and procedures to establish
a single Qualified Bidders list, which shall encompass qualified vendors
registered with the City and the following three categories of contractors:
(i) Maintenance contractors that provide services with recurring and
usual work for the preservation or protection of any publicly owned
or publicly operated facility for its intended purposes;
(ii) Professional service contractors that are educated or licensed
specialists who provide services of an advisory nature and provide
recommendations for a course of action, an end product, or the
transmittal of information; and,
(iii) Qualified construction contractors who are called upon through the
Informal bidding process described in section 3-4.308 (below) to
perform certain public works projects.
(b) The Purchasing Officer shall select, where possible, at least three
vendors, consultants, and/or contractors for each category of services
required, who shall be placed on the Qualified bidders list following an
informal solicitation of qualifications, and an evaluation and selection
process, which shall be established by the Purchasing Officer.
(c) 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.
(d) All vendors, consultants, and contractors on the Qualified Bidders list shall
be reviewed and approved by the City Manager on an annual basis.
Sec. 3-4.308. - Informal bid process.
The City has elected to follow the Uniform Construction Cost Accounting
Procedures for all public works projects. Contracts for public works projects valued over
Forty Five Thousand Dollars ($45,000) and up to One Hundred Seventy Five Thousand
Dollars ($175,000) shall be subject to the following Informal bid process:
9 0999
(a) The Originating department shall prepare a notice inviting informal bids,
which provides, at a minimum, a description of the project and scope of
work, a method to obtain more detailed information on the project and
scope of work, a proposed contract, applicable bond and insurance
requirements, and the time and place for the submission of bids.
(b) The Originating department shall mail a notice inviting informal bids to all
construction contractors on the Qualified Bidders list and advertise the
notice inviting informal bids in all designated construction trade journals no
less than 10 calendar days before the bids are due.
(c) The City Clerk shall open all bids at the time and place stated in the notice
inviting informal bids.
(d) The City, by way of the City Manager or City Council, where applicable,
shall award the public works project to the lowest responsive and
responsible bidder.
(e) In the event an informal bid result for the lowest responsive and
responsible bidder results in all bids over One Hundred Seventy Five
Thousand Dollars ($175,000), but less than One Hundred Eighty Seven
Thousand Five Hundred Dollars ($187,500), the City Council may award
the public works project using the Informal bid process only after the City
Council approves such an award by four-fifths vote consistent with Public 71
Contract Code section 22034.
(f) The Originating department and/or Purchasing Officer shall follow and
comply with all procedures and requirements set forth in Public Contract
Code section 22030, et seq., concerning informal bidding, this Chapter,
and any supplemental policies prescribed by the Purchasing Officer.
Sec. 3-4.309. - Formal bid process.
Except as otherwise provided in this chapter, purchases and contracts for goods,
supplies, equipment, and materials having a value greater than Twenty Five Thousand
Dollars ($25,000) and public works projects valued greater than One Hundred Seventy
Five Thousand Dollars ($175,000) shall be subject to the following Formal bid process:
(a) Notice inviting bids. Notice inviting bids shall include: (i) a general
description of the goods or services to be purchased; (ii) where bid forms
and specifications may be obtained; and (iii) the date, time, and place for
opening of the bids. The publication or posting of the notices inviting bids
shall be given at least fourteen (14) days before the date of opening bids.
The notice shall be published in a newspaper of general circulation,
printed and published in the City, or, if there is none, the notice shall be
10 0999
posted in at least three (3) public places in the City which have been
designated by resolution as the places for posting public notices. The
notice shall also be mailed to all construction trade journals specified in
Public Contract Code section 22036 at least thirty (30) calendar days
before the date of opening the bids, or emailed to the construction trade
journals at least fifteen (15) calendar days before the date of opening the
bids.
(b) Bidder's security. When deemed necessary by the Purchasing Officer
and/or Originating department, bidder's security may be prescribed in the
public notice inviting bids. Bidders shall be entitled to the return of bid
security; provided, however, a successful bidder shall forfeit his bid
security upon his refusal or failure to execute the contract within thirty (30)
calendar days from the date of the award of the contract, unless in the
latter event the City is solely responsible for the delay in executing the
contract. The Purchasing Officer and/or Originating department, on the
refusal or failure of the successful bidder to execute the contract, may
award it to the next lowest responsive and responsible bidder.
(c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk
and shall be clearly identified with the bid number on the envelope. Upon
receipt, the City Clerk shall date and time stamp the envelope. Bids shall
be opened in public at the time and place stated in the public notices. All
bids received shall be open for public inspection during regular business
hours for a period of not less than thirty (30) calendar days after the bid
opening.
(d) Rejection of bids. In its discretion, the City Council may reject any and all
bids, accept or reject any one or more items of a bid, or waive any
irregularities or informalities in the bids or the bidding process if to do so is
deemed to best serve the interests of the City. If, after the first invitation of
bids, all bids are rejected, the City may elect to re -advertise for bids
pursuant to the procedure prescribed in this section or have the project
done by force account.
(e) Award of contracts. Contracts shall be awarded by the City Council to the
lowest responsive and responsible bidder.
(f) Tie bids. If two (2) or more bids received are for the same total amount,
with price, quality and services being equal, the City Council may accept
the bid it chooses or accept the lowest bid made after negotiation with the
tie bidders at the time of the bid opening.
F
Sec. 3- 4.310. - Exceptions to competitive bidding.
11 0 999
There shall be no Informal bid process and/or Formal bid process required for
purchases of goods, supplies, equipment, materials, and public works projects under
the following circumstances:
(a) Where the acquisition of goods, supplies, equipment, materials, and/or
public works projects is necessitated by reason of emergency
circumstances, where the procurement is required to prevent the
immediate interruption or cessation of necessary City services or to
safeguard life, property or the public health and welfare; or,
(b) Where a commodity can be obtained only from one vendor; or,
(c) When the City has a contract with another governmental agency to
purchase a particular item or service on a cooperative basis.
Sec. 3-4.311. - Inspections and testing.
The Purchasing Officer or Originating department shall inspect goods, supplies,
equipment, materials and related services to determine their conformance with the
specifications set forth in the purchase order or contract. The Purchasing Officer or
Originating department shall have the right to waive any defect, irregularity, or
informality. The Purchasing Officer or Originating department shall have the authority to
require chemical and physical demonstrative testing of samples submitted with bids and
samples of deliverables which are necessary to determine their quality, fitness for a
particular use and conformance with specifications.
Article 4. - Miscellaneous Procedures
Sec. 3-4.401. - Surplus supplies and equipment.
All departments shall submit to the Purchasing
report describing all goods,
property of the City which i
because of decreased use,
which has become obsolete.
supplies, equipment, materials
s determined to be no longer
poor condition, damage not
Officer, at least annually, a
fixtures and other personal
required by the department
worth the cost of repair, or
(a) The Purchasing Officer, with the approval of the City Manager, is
authorized from time to time to sell or exchange any and all goods,
supplies, equipment, materials, fixtures, and other personal property of the
City having a salvage value and which is obsolete or unserviceable, or is
deemed to be surplus for which replacements are to be purchased. The
Purchasing Officer may sell the same for the best price obtainable in the
open market, or, when it is deemed advisable, to the highest bidder at a
public sale, or the Purchasing Officer may exchange the same for other
property or for credit on other property.
12 0 999
fl
A
L
(b) If the Purchasing Officer determines that any such obsolete,
unserviceable, or surplus property has no salvage value, it may be
disposed of in any acceptable manner.
(c) All sales shall be "as is" and "where is" with no warranty, guarantee or
representation of any kind, express or implied, as to the condition, utility or
usability of the property. All sales shall be paid to the City in cash,
certified check, money order, or in a manner agreeable to the Purchasing
Officer.
(d) The Purchasing Officer shall be authorized, with the approval of the City
Manager, to sign bills of sale and any other documents evidencing the
transfer of title to such property by and on behalf of the City.
(e) Prior to disposing of any obsolete, unserviceable or surplus property
having an estimated market value in excess of One Thousand Dollars
($1,000), the Purchasing Officer shall inform the City Council of the nature
of the property proposed for disposition and the proposed sales price.
Such disposition shall be subject to the City Council's prior approval.
(f) The Purchasing Officer may prescribe additional policies and procedures
for the identification and disposition of surplus property as the Purchasing
Officer deems necessary.
Sec. 3-4.402. - Recycled products.
A five percent (5%) or greater price preference may be given to recycled
products, reusable products offered as alternatives to disposable products, and
products designed to be recycled where they are offered as alternatives to non -
recyclable products. The preference percentage shall be based on the lowest bid or
price quoted by the supplier or suppliers offering non -recycled products. Purchase of
products which cannot be recycled or reused is strongly discouraged.
Article S. - Public Works Projects
Sec. 3-4.501. - Public works projects.
(a) Public works projects, as defined
of Forty Five Thousand Dollars
employees of the City by force
purchase order.
13
in Public Contract Code Section 22002,
($45,000) or less may be performed by
account, by negotiated contract or by
(b) Public works projects, as defined in Public Contract Code Section 22002,
of One Hundred Seventy -Five Thousand Dollars ($175,000) or less may
be awarded by Informal bid process as described above, and consistent
with Public Contract Code section 22030, et seq.
(c) Public works projects, as defined in Public Contract Code Section 22002,
of more than One Hundred Seventy -Five Thousand Dollars ($175,000)
shall be awarded by Formal bidding process as described above, and
consistent with Public Contract Code section 22030, et seq.
SECTION 2. City Council may adopt by resolution supplemental administrative
policies, procedures, and regulations consistent with this ordinance regulating the
procurement of materials, supplies, equipment, services, and/or public works projects.
SECTION 3. The City Manager and/or Purchasing Officer are authorized to
interpret and administer this procurement ordinance. In addition, the City Manager
and/or Purchasing Officer may prescribe additional administrative policies and
procedures consistent with this ordinance and all applicable laws regulating the
procurement of materials, supplies, equipment, services, and/or public works projects.
SECTION 4. All prior ordinances and policies which are inconsistent with the
provisions stated herein are hereinafter repealed as of the effective date of this
ordinance. 7
SECTION 5. If any section, subsection, clause or phrase of this Ordinance or
any part thereof is for any reason held to be invalid, unconstitutional or unenforceable
by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of the Ordinance. The City Council declares that it
would have passed each section, subsection, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, sentence,
clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 6. This Ordinance shall take effect and be in force thirty (30) days
after its passage.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted at the duly designated posting places within the City and
published once within fifteen (15) days after passage and adoption as required by law;
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office
of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within
fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance; together with
the vote for and against the same, in the Office of the City Clerk.
14 0 999
U
PASSED, APPROVED, AND ADOPTED this 13" day of November 2012,
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
LARRY K E AYOR
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 999 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 161" day of October 2012, and that thereafter, said Ordinance was duly
adopted and passed at the Special Meeting of the City Council on the 131" day of
November 2012, by the following vote, to wit:
AYES: !ICOLIFIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer
NOES CPU CIL MEMBERS: None
ABSENT GNU CIL MEMBERS: None
15
�i nn,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 16'h day of October 2012, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDIN D RESTATING IN ITS
ENTIRETY CHAPTER 4 OF TITLE 3 OF HES N JUAN CAPISTRANO
MUNICIPAL CODE REGARDING PROCU E E T PROCEDURES.
This document was posted in the Office of the
San
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 15th day of November 2012, 1 caused to be posted a certified copy of Ordinance
No. 999, adopted by the City Council on November 13, 2012, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING IN ITS
ENTIRETY CHAPTER 4 OF TITLE 3 OF TKf SAN UAN CAPISTRANO
MUNICIPAL CODE REGARDING PROCUREMENTPROCEDURES.
This document was posted in the Office of the City
San Juan
16 0999
7