Chapter 3.04
CITY PURCHASING PROCEDURE
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Sections:
3.04.010 Expenditures – Compliance required.
3.04.020 Delegated authority to purchase.
3.04.030 Cost information.
3.04.040 Exceptions to procurement policy bidding guidelines.
3.04.050 Sole source purchases.
3.04.060 Public projects.
3.04.070 Green purchasing policy.
3.04.080 Informal bids.
3.04.010 Expenditures – Compliance required.
All expenditures of city funds in connection with purchases or other material procurements must be made strictly in accordance with the duly adopted budget and, in order that budgetary control may be effectively exercised, must be made in conformance with the city of Sonoma procurement policy, which shall be adopted by resolution of the city council. (Ord. 05-2009 § 1, 2009; Ord. 2001-6 § 2, 2001).
3.04.020 Delegated authority to purchase.
A. The city manager or designee shall be granted authority to purchase. The city manager or designee shall develop and maintain a current procurement policy for all city purchases in accordance with this chapter and any other applicable rules and regulations prescribed by the city council.
B. The city manager or designee shall have authority to purchase or contract for supplies and equipment required by any department in accordance with:
1. Amounts specified in the currently adopted city budget;
2. City of Sonoma procurement policy;
3. Other rules and regulations as prescribed by the city council or state law.
C. The city manager exclusively shall have authority to dispense with the requirements of subsection (B)(1) and (2) of this section if emergency conditions are deemed to exist. An emergency shall be deemed to exist if:
1. There is a great public calamity such as a flood, fire or earthquake;
2. There is an immediate need to prepare for national or local defense;
3. There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies and equipment to provide essential city services;
4. An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item. (Ord. 2001-6 § 2, 2001).
3.04.030 Cost information.
Notwithstanding SMC 3.04.060, any official of the city authorized to make purchases shall, before making same, secure accurate and comparative cost information concerning the articles to be purchased, and shall act to procure for the city the needed quality and quantity of supplies and equipment at the least expense to the city. (Ord. 2001-6 § 2, 2001).
3.04.040 Exceptions to procurement policy bidding guidelines.
Conditions which constitute sufficient cause to dispense with the competitive bidding guidelines are:
A. Situations where no bids have been received following bid announcements.
B. Emergency conditions which require that an order be placed with the most expedient source of supply as outlined in SMC 3.04.020(C).
C. Products or services for which other public agencies have gone through a competitive bidding process and are able to have the bid prices they received extended to the city of Sonoma.
D. Other items exempt by law. (Ord. 2001-6 § 2, 2001).
3.04.050 Sole source purchases.
Commodities and services which can be obtained from only one vendor are exempt from competitive bidding. All sole source purchases shall be supported by written documentation. Final determination that an item is a valid sole source purchase shall be made by the city manager exclusively. (Ord. 2001-6 § 2, 2001).
3.04.060 Public projects.
Bids for public projects, as defined by the state of California in the Public Contracts Code, shall follow the formal bidding procedures described therein. Award of bids shall be made by the city council. (Ord. 2001-6 § 2, 2001).
3.04.070 Green purchasing policy.
In an effort to comply with the State of California Public Contract Code, the city recognizes the state guidelines referencing purchase of recycled products. (Ord. 2001-6 § 2, 2001).
3.04.080 Informal bids.
A. Informal Bid Procedures. Public projects, as defined in Section 22000, et seq., of the Public Contract Code, of $100,000 or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.
B. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
C. Notice Inviting Informal Bids.
1. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection B of this section and to all construction trade journals as specified by the California Uniform Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code.
2. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:
a. If there is no list of qualified contractors maintained by the city for a particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.
b. 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 informal bids may be sent exclusively to such contractor or contractors. (Ord. 2002-05 § 1, 2002).