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)
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)
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) or successor statute. The Assistant City Manager may approve contracts for such items not exceeding half of the amount under California Public Contract Code Section 22032(a) or successor statute. 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; Ord. 01-2026, 1/20/2026)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)