Chapter 3.30 PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES AND PROCEDURES FOR PUBLIC WORKS PROJECTS

The purpose of this chapter is to establish an efficient procedure for the purchase of supplies, equipment, and services, and to establish a procedure for performing or contracting for the construction of public works consistent with State law. These procedures are intended to allow the City to obtain the best professional services, to acquire quality supplies, general services and equipment, to construct public works at the lowest possible cost commensurate with quality needed, and to exercise positive financial control over purchases and also to define authority for the purchasing function. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.020 Definitions.

As used in this chapter:

“Contractor list” means a list of responsible prospective vendors capable of providing the items being bid upon.

“Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

“Equipment” means furnishings, machinery, vehicles, rolling stock, and other personal property used in the City’s business.

“General services” means services such as janitorial, uniform cleaning, maintenance work and other services which do not require any unique skill, special background, or training. Obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance.

“Professional or special services” means any work performed by an attorney, doctor, architect, engineer, land surveyor, construction manager, computer or information technology specialist, appraiser, expert, accounting firm, planner, instructor, consultant or those services which require special performance criteria, specific experience, training, personal judgment, or where the quality of work is a material consideration to the benefits to be received by the City such that contracting on the basis of obtaining the lowest cost to the City may not produce the best value.

“Public works” means a type of public construction project as defined in the California Public Contract Code or the Labor Code, including:

1. The erection, construction, reconstruction, alteration, painting, repainting, repair, alteration, carpet-laying, renovation, improvement or demolition of public buildings, structures, streets, walkways, water facilities, sewer facilities, drainage facilities, or other public facilities, whether owned, leased, or operated by the City, done under contract and paid for in whole or in part out of public funds. For purposes of this subsection, “construction” includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

2. Furnishing supplies or materials for any of the works or projects described in subsection 1 of this definition.

“Purchase” means the renting, leasing, purchasing, licensing, or a trade of equipment or supplies.

“Purchasing officer” shall be the City Manager or her designated representative.

“Special equipment/supplies” means unique supplies, machinery, computers, or other equipment which is not generally and regularly ordered in bulk by the City and which is used to perform complex tasks, or where specific equipment or supplies are needed by the City to integrate efficiently with existing equipment or supplies. “Special equipment/supplies” shall include proprietary items sold directly from the manufacturer where no equivalent substitutes are generally available on the market or items that have only one distributor authorized to sell in Marin County.

“Supplies” means office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City’s business, excepting supplies for public works projects. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.030 Staging or splitting prohibited.

Purchases and public works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter. [Ord. 05-2024 § 1 (Exh. A), 2024.]

Article II. Supplies, General Services and Equipment

3.30.100 Purchasing officer – Powers and duties.

The City Manager is designated as the purchasing officer. The purchasing officer may delegate all or a portion of the purchasing duties to any City officer or employee. The purchasing officer or designee shall have the authority to:

A. Purchase needed City supplies, general services, equipment and special equipment/supplies which are not included within the construction contract or proposed specifications for a construction contract of a public work being administered by any other City department;

B. Investigate, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter and such administrative rules and regulations as prescribed by the City;

C. To keep informed of current developments concerning purchasing, prices, market conditions, and new products;

D. To prescribe and maintain such forms as necessary for the proper operation of this purchasing system;

E. To supervise the inspection of all supplies, general services, and equipment purchased under this chapter in order to assure conformance with City specifications;

F. To supervise the transfer of surplus and unused supplies and equipment or sale or disposal of such in accordance with procedures adopted by separate resolution of the City Council;

G. To maintain up-to-date contractor lists, vendors’ catalogs, files and such other records as needed to perform these duties;

H. To ensure that purchasing specifications are open and nonrestrictive to encourage full competition; and

I. To perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, general services, and equipment. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.110 Purchase orders.

Except for departmental purchases as authorized in SMC 3.30.150, purchases of supplies, general services, special equipment/supplies and equipment not covered within a construction contract or public work specification may be made only by purchase orders issued by the purchasing officer and any other contractual document he or she determines is necessary. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.120 Contracting authority.

The City Manager may approve purchases of supplies, general services, special equipment/supplies and equipment not covered within a construction contract or public work specification up to the negotiated purchase amount under California Public Contract Code Section 22032(a). City Council approval shall be required for purchases greater than the negotiated purchase amount under California Public Contract Code Section 22032(a). [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.130 Encumbrance of funds.

Except in case of an emergency or where specific authority is first obtained from the City Council or the City Manager, the purchasing officer shall not issue any purchase order for purchasing of supplies, general services or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.140 Bidding procedures for various purchase amounts.

Except as authorized in SMC 3.30.180 and 3.30.190, or in the case of emergencies as described in SMC 3.30.210, the purchase of supplies, general services, equipment and special equipment/supplies, not included in a construction contract or bid specification for a public work, shall be made as follows:

A. A purchase of 10 percent or less of the limit specified in Section 22032(a) of the California Public Contract Code may be made by departmental purchase in accordance with SMC 3.30.150.

B. A purchase less than or equal to the limit specified in Section 22032(a) of the California Public Contract Code may be made by an informal bid procedure in accordance with SMC 3.30.160.

C. A purchase of more than the limit specified in Section 22032(a) of the California Public Contract Code shall be made by formal bid procedure in accordance with SMC 3.30.170. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.150 Departmental purchases.

A department may purchase specified and limited supplies, equipment, special equipment/supplies and general services independently of the purchasing officer of a value not to exceed 10 percent or less of the limit as specified in Section 22032(a) of the California Public Contract Code, provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made with funds in an unencumbered appropriation. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.160 Informal bid procedure.

The purchase of supplies, equipment, and general services with the estimated value less than or equal to the limit specified in Section 22032(a) of the California Public Contract Code shall be made by a purchase order as required by this section, which at the department head’s discretion may be let without the formal bidding procedures described in SMC 3.30.170. In such case, the following procedures shall be followed:

A. Solicitation of Bids. The purchasing officer or designee, before issuing the purchase order to a specific contractor/vendor, shall solicit proposals from a minimum of three vendors, and the purchasing officer or designee may negotiate to obtain the lowest possible contract amount from any vendor contacted who can provide supplies, general services, or equipment within the time constraints of the department’s request. The purchasing officer or designee may solicit or determine bids of prospective vendors by written request, telephone, or may base award recommendations upon current catalogs or advertisements.

B. Maintenance of Records. After placing the order, a written record of the contract, bids, quotes or advertisements used or received shall be open public records and maintained by the purchasing officer or the department in accordance with the City’s records retention policy.

C. Award. The purchasing officer or designee shall award the purchase contract to the lowest responsive and responsible bidder, vendor or offerer whose quote, bid, or proposal fulfills the purpose intended, provided the amount is within the unencumbered appropriation for that item, or reject such bids or proposals, or negotiate further for more acceptable terms to the City. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.170 Formal bid procedure.

For supplies, equipment, and general services with an estimated value in excess of the bid limit specified in Section 22032(a) of the California Public Contract Code, purchases shall be made in accordance with the following formal written bid procedures:

A. Published Notices. A notice inviting bids shall be published or advertised in a manner determined by the purchasing officer to reach the greatest number of potential bidders for the relevant supplies, equipment, or general services.

B. Notices Inviting Bids. Notices inviting bids shall include a general description of the goods, articles, services or equipment to be purchased, any required bidder’s security or performance bonds, state where bid blanks and specifications may be secured and the time and place for the opening of bids.

C. Contractor List. The purchasing officer or designee shall maintain a list of responsible contractors for various categories of supplies, equipment, and general services. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the contractor list for the category of equipment, supplies or general services subject to the bid request.

D. Bidder’s Security/Failure to Sign Contract. If the City requires a bidder’s bond or other form of security, the bidder’s security shall be prescribed in the notice inviting bids in an amount equal to 10 percent of the amount bid. Bidder’s security shall be either a cash deposit with the City, a cashier’s or certified check, payable to the City, or a bidder’s bond. Unsuccessful bidders shall be entitled to the return of bid security within 60 days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the City Council, upon the bidder’s refusal or failure to execute the contract within 10 days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the Council may award the contract to the next lowest responsible bidder.

E. Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk’s office and shall be identified with the bidder, the item(s) being procured, and “SEALED BID” in large type on the envelope. Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of time designated in the City’s records retention policy.

F. Bid Evaluation Procedures. All bids shall be analyzed by the purchasing officer or designee and the responsible department for compliance with bid specifications. The purchasing officer or designee shall prepare a recommendation for award or rejection to the City Council.

G. Rejection of Bids. If the City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiating a contract.

H. Award of Contracts. Contracts shall be awarded by the Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the solicitation, provided the award amount is within the unencumbered appropriation for that item. The Council may waive any minor bid irregularities.

I. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.

J. Performance Bonds. The City may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.180 Special equipment/supplies – Sole source purchases – Bid exceptions.

A. Special Equipment/Supplies. Specialty equipment/supplies purchases shall be procured in accordance with SMC 3.30.150, 3.30.160, or 3.30.170 unless a sole source purchase is authorized in accordance with this section. If purchasing any special equipment or supplies is needed to be compatible with existing equipment, or to perform complex or unique functions, the purchasing officer may:

1. Limit bidding to a specific product type, or a brand name product; or

2. Utilize a request for proposal approach where warranties, servicing obligations, and product performance will be evaluated in addition to the price of the product.

B. Sole Source Purchases. Specialty equipment/supplies that can be obtained from only one vendor or one distributor authorized to sell in Marin County are exempt from the competitive bidding requirements in this chapter and are deemed sole source purchases. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the appropriate department head and forwarded to the purchasing officer. Approval of any sole source acquisition shall be obtained from the City Council for an award of a contract or purchase order that is in excess of the purchasing officer’s purchasing authority.

C. Bid Exceptions. The competitive bid process is not applicable to certain purchases. The following are exempt from bid processes of this chapter:

1. Departmental purchases, as defined in SMC 3.30.150;

2. Subscriptions;

3. Trade circulars or books;

4. Newspaper advertisements and notices;

5. Utility payments;

6. Land acquisition or disposition;

7. Cooperative purchasing with other agencies (see also SMC 3.30.190);

8. Software and information technology goods and equipment;

9. Emergencies, as defined in SMC 3.30.020 (see also SMC 3.30.210). [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.190 Cooperative purchasing with other agencies.

The bidding requirements of this chapter shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain through a cooperative competitive bidding procedure prepared by and processed through another public, local, State, or Federal governmental agency. If it is determined to be in the best interest of the City, the purchasing officer is authorized to “piggy-back” onto or join into an existing written purchase contract, which contract was obtained within the last 12 months through a competitive bidding process prepared by and awarded by another public, local, State or Federal government agency. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.200 Recycled content paper procurement.

A. All purchases of paper products, and printing and writing paper, shall be made consistent with the requirements of Sections 22150 through 22154 of the Public Contract Code. If fitness and quality are equal, recycled products shall be purchased instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items. All paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published January 1, 2013.

B. Each vendor shall be required to certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City, unless the percentage of postconsumer material can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. Each vendor shall be required to certify in writing, under penalty of perjury, that the paper products, or printing and writing paper, are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12. City departments procuring such supplies shall keep records in compliance with requirements in 14 CCR 18993.4. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.210 Emergencies.

Bidding procedures may be dispensed with in the case of a declaration of local emergency in accordance with the California Disaster Services Act and Chapter 2.44 SMC during such time of declared emergency, but only to the extent that goods and services are procured for the protection of life and property in the course of response to the emergency. Procurement for public works projects necessary to response to an emergency shall be in accordance with State law. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.220 Inspection and tests.

The purchasing officer or designee or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The purchasing officer or designee, at his or her discretion, may require such reasonable chemical and physical tests of samples of supplies and equipment as he or she deems necessary to determine the quality in conformance with those specifications. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.230 Personal purchases not authorized.

No goods or services for personal use or pleasure may be purchased with City funds. The City reserves the right to charge back the responsible party for all costs determined to be personally motivated. [Ord. 05-2024 § 1 (Exh. A), 2024.]

Article III. Public Works Projects

3.30.300 Uniform Public Construction Cost Accounting Act procedures.

The City Council has elected to become subject to the California Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.) (the “Act”) and shall contract for public works projects subject to the procedures established by the California Uniform Construction Cost Accounting Commission and the Act. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.310 Negotiated contract or purchase order procedures.

For those projects that may be procured by negotiated contract or purchase order under the Act, as set forth in Public Contract Code 22032(a) or successor statute, the applicable department head shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. The City Manager shall have the authority to award and to execute any contract awarded under this section. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.320 Informal bidding procedures.

For those projects that may be procured by informal bidding under the Act, as set forth in Public Contract Code 22032(b) or successor statute, the following procedures shall be used:

A. Maintenance of Contractor List. In November of each year, the City Engineer shall mail a written notice to all construction trade journals designated by the California Uniform Construction Cost Accounting Commission inviting all licensed contractors to submit the names of their firms to the City for inclusion on the list of qualified contractors for the following calendar year according to category. The notice shall require that the contractor provide the name and address to which a notice to contractors or proposal should be mailed, a telephone number at which the contractor may be reached, the type or category of work in which the contractor is interested and currently licensed to do, together with the class of the contractor’s license or licenses held and the contractor’s license number or numbers. The City Engineer may create a new contractor’s list starting January 1st of each year which shall include, at a minimum, all contractors who submitted one or more valid bids to the City during the preceding calendar year and all contractors who have properly provided the City Engineer with the information required to be added to the list. A contractor may be added to the list at any time by providing the required information.

B. Notice. The City Engineer shall prepare a notice inviting bids in accordance with the Act.

1. Contents of Notice. The notice inviting bids shall include a general description of the project, how to obtain more detailed information, the time and place for the submission of bids, and whether bid deposit or bond and faithful performance bond will be required.

2. Mailing of Notice. Unless the product or service is proprietary, all contractors on the City’s list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area, in accordance with California Public Contract Code Section 22036 or successor statute.

3. Ten-Day Notice. All mailing of notices to contractors and construction trade journals pursuant to subsection (B)(2) of this section shall be completed not less than 10 calendar days before bids are due.

4. Proprietary Products or Services. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.

5. Other Notice. In addition to notice required by this section, the City may give other notice as it deems proper.

C. Award. The City Manager shall award the contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The City Manager may waive any minor bid irregularities. Award of projects in an amount in excess of the informal bid limit may be made by City Council in accordance with Public Contract Code Section 22034(d). [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.330 Formal bidding procedures.

For those projects which require formal bidding under Public Contract Code 22032(c) or successor statute, the City Council shall award the contract following use of the procedures established in the California Public Contract Code. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.340 Force account work.

For any City force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work. [Ord. 05-2024 § 1 (Exh. A), 2024.]

Article IV. Professional or Special Services

3.30.400 Award of professional or special service contracts based upon competence.

In contracting for those professional and special services as defined in SMC 3.30.020, such contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required. Once the department requesting the service has determined a firm has an adequate level of competence, the cost of the service may be considered. However, the lowest cost shall not be the sole factor in deciding the award of the contract, which shall be awarded after consideration of the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship and other factors required by the department or proposed by that contractor. The information needed for determining that level of competence, other qualifications and the procedure for selecting such services shall be determined by each City department responsible for recommending the professional or special service contract. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.410 Requests for proposals/qualifications.

A. Contracting for professional or special services is decentralized and shall be the responsibility of the department head requesting the service.

B. The acquiring of professional or special services in an amount less than or equal to the negotiated purchase amount under California Public Contract Code Section 22032(a) or successor statute shall be procured through negotiated contract and proposals should be solicited from a minimum of three sources unless waived by the procurement officer.

C. Contracts for professional or special services estimated to cost more than the negotiated purchase amount under California Public Contract Code Section 22032(a) or successor statute must be approved by the City Council. Recommendation for award should be pursuant to the following guidelines and based on competitive proposals; however, it is recognized that the City’s need for professional or special services will vary from situation to situation, and accordingly, flexibility will be provided in determining the appropriate evaluation and selection process to be used in each specific circumstance. Neither total cost nor hourly rates are the sole criterion in selecting a provider of professional or special services. Proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to:

1. Understanding of the work required by the City;

2. Quality and responsiveness of the proposal;

3. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City;

4. Recent relevant experience in successfully performing similar services to similar clients;

5. Proposed methodology for completing the work;

6. References;

7. Background and related experience of the specific individuals to be assigned to the project;

8. Proposed compensation, rates and the basis of the proposed compensation (e.g., lump sum, time and expenses, reimbursable against a budget, or time and expenses not to exceed, cost plus fixed fee, etc.);

9. Proposed level of effort and schedule;

10. Commitment regarding the continuity and level of involvement of key personnel. [Ord. 05-2024 § 1 (Exh. A), 2024.]

3.30.420 Contracting authority.

The City Manager may approve professional service contracts up to the negotiated purchase amount under California Public Contract Code Section 22032(a) or successor statute. The City Council shall approve professional or special service contracts greater than the negotiated purchase amount under California Public Contract Code Section 22032(a) or successor statute. [Ord. 05-2024 § 1 (Exh. A), 2024.]

Article V. Procurement Under State or Federal Grants

3.30.500 Procurement under grants.

For projects funded under the terms of a Federal or State grant, the purchasing officer may, in lieu of other procedures in this chapter, procure goods and services in the manner required by the terms of the grant agreement provided such procurement complies with applicable Federal and State law. Nothing in this chapter shall be interpreted as a limitation on the ability of the City to procure in the manner necessary to use grant funding. [Ord. 05-2024 § 1 (Exh. A), 2024.]