HomeMy WebLinkAbout35281
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Ordinance No. 3528
ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE,
REPEALING, IN ITS ENTIl2ETY ARTICLE IX of CHAPTER 2, OF THE BUTTE COUNTY
CODE ENTITLED "PURCHASING" AND ADDING CHAPTER 46 (ARTICLES I THROUGH III)
ENTITLED "PURCHASING ORDINANCE" TO THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Chapter 46 is added to the Butte County Code to read as follows:
CHAPTER 4fi. PURCHASING.
ARTICLE I. GENERAL PROVISIONS
Section 46-1 Application of Chapter
The provisions of this Chapter shall apply to the County of Butte and to all °using agencies" as
defined in this Chapter.
Section 4fi-2 Purchasing Agent
Pursuant to Government Code sections 255D0 et seq., there is hereby created the Office of
County Purchasing Agent. The Purchasing Agent shall be the Chief Administrative Officer. The
Purchasing Agent shall be vested with such powers, duties and responsibilities as are prescribed
by State law and this Chapter. The Chief Administrative Officer may delegate all or a portion of the
duties to hislher designee.
Section 46-3 Definitions
As used in this Chapter, the following terms shall be ascribed the following meanings:
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a. Confracfual services means: any and al[ telephone, gas, water, electric light and power
services; towel, window washing and cleaning service; the rental of equipment and machinery;
and all other types of services required by the County government but not furnished by its awn
employees.
b. Emergency means an unforeseen circumstance in which an immediate purchase is necessary
in order to avoid or prevent a substantial hazard to life, health or property, or a serious
interruption of the operation of a department of the County or the operation of a using agency. ',
c. Pafented or proprietary items mean supplies, materials or equipment that are produced by one
manufacturer or are available from one source, or services that are available from one provider.
d. Persona! property means materials, supplies, machinery, furnishing, equipment and any other
tangible article required for the conduct of business of the County or using agency.
e. Professional and Persona! services means any labor of a specialized, short-term or intermittent
nature that may lawfully be performed by contract with private parties. Professional and Personal
services shall not include constructing, altering or improving buildings, roads, sewer and
drainage facilities and other public works type projects.
f. Purchase or purchases mean any contractual arrangement or transaction involving payment:
{1) for the acquisition of title to personal property;
{2) for the use by rental, lease, or otherwise of personal property;
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(3) for the provision of services by independent contract or otherwise; or
(4) any combination of the fioregoing.
g. Responsible bidder means a bidder who submits a responsive bid; who has furnished
when requested, information and data to prove that its financial resources, production
orservice facilities, service reputation and experience are adequate to make satisfactory
delivery of fhe supplies, materials, equipment or contractual service on which if bids; and
who has not violated, or attempted to violate, any provisions of this Chapter.
h. Supplies, materials or equipment mean any and all articles or things which sha[I be
furnished to or used by any department, including any and all printing, binding, or
publication of stationery, forms, laws, journals and reports, but excluding election
supplies and services or materials furnished "in kind" in lieu of cash to indigents.
i. Using agency means any of the following entities that request the services of the
Purchasing Agent as provided in section 46-7. Any public district, created under the
laws of the State; any municipal corporation whose territory lies in the County; or any
board, commission, or joint powers agency to which the County or any such district is
a parry.
Section 46-4 Authority to Purchase
Except as otherwise provided by law or this Chapter, al[ purchases, regardless of the source of
funding or revenue, shall be made in the name of the County, by written contract, approved by
and executed on behalf of either the Board of Supervisors or the Purchasing Agent.
If an emergency occurs at times other than regular business hours and the services of the
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Purchasing Agent are not immediately available, emergency purchases may be made by
department heads or employees authorized by them to make such purchases. Any such
purchase shall be made by written contract in the name of the County and approved by and
executed on behalf of the department head or authorized employee. Each such emergency
purchase shall be reported in writing to the Purchasing Agent as soon as possible, but in no
event later than five (5) calendar days following the date on which the purchase is made, and
such report shall include a detailed explanation of the nature of the emergency, as well as the
reasons necessitating the purchase.
Section 4fi~5 Persons Authorized to Requisition
Authority to direct requisitions to the Purchasing Agent far purchases is vested in the heads of
the offices, departments and institutions of the County. Such head may delegate this authority
to any of that person's deputies, officers or employees by filing written authorization with the
Purchasing Agent. Each head authorizing such a requisition does so with the representation
that there are sufficient funds available in that office, department, or agency's budget to support
that purchase, and if funds are not available that they may be held personally liable for the
budget shortage.
Section 4fi-6 Purchasing Procedures
The Purchasing Agent shall establish methods and procedures for the functioning of the
Purchasing Services Office.
a. The Purchasing Agent shat[ prepare a purchasing procedure manual that sets forth the
rules and regulations for the administration of this Chapter. Upon approval by the Board
of Supervisors and the filing of a copy of the purchasing procedures manual with the
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Clerk of the Board, by and through the Purchasing Agent, the rules and regulations
contained in the manual shall have the same force and effect as the provisions of this
Chapter.
The purchasing procedure manual shall include such rules and regulations as are
necessary to implement the provisions of this Chapter, including, but not limited to the
following:
1. Procedures under which purchases without competitive bidding will be
considered, approved and authorized
2. Procedures for the identifiication and approval, without competitive bidding, of
purchases of patented or proprietary items
3. Procedures far competitive bidding for personal property.
4. Procedures for the standardization of personal property common to the needs
of, and required by two or more County departments or using agencies
5. Procedures for the establishment and maintenance of lists of bidders, pre-
qualified ar otherwise
6. Procedures for providing reasonable notice far soliciting bids
7. Procedures for the award of contracts
8. Procedures for the implementation of joint purchasing policies and procedures
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with other public agencies
The manual shall be completed within a reasonable time following the approval of this
Chapter. The Chief Administrative Officer, acting through the General Services Director
shall set the completion date for the manual.
All provisions of the manual shall be subject to modification by the Board of Supervisors
through the adoption of a resolution. Any modification to the manual by the Board shall
take effect immediately.
b. The Purchasing Agent shall develop and maintain standard purchasing forms,
conditions for invitations to bid, purchase orders, and purchase contracts, with approval
as to form and legal sufficiency determined by the County Counsel.
Section 4fi-7 Purchasing far Non-County Public Agencies
The Purchasing Agent sha[I perform any or all of the services provided for in this Chapter on
behalf of using agencies, upon their request, and subject to the following provisions:
a. A resolution which requests the Purchasing Agent to make purchases for or on behalf
of the using agency shall be adopted by the governing body of the using agency and
filed with the Purchasing Agent. The resolution shall:
(i } set forth competitive bidding limits, advertising requirements and any other
restrictions or requirements specified by State law governing purchases by the
using agency; and
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(2} provide that for the period of participation'the using agency shall:
(a) make all purchases in its own name, for that agency only.
(b} be responsible for payment directly to the supplier and for any tax liability,
and will hold the County harmless.
(c} not have and will not have in farce any other contract far like purchases.
(d} not have obtained and does not have under consideration written bids or
quotations from other suppliers for like purchases.
b. Unless otherwise authorized by law, when making purchases on behalf of a using
agency, the Purchasing Agent shall follow the limits and requirements set forth in State
statutes, this Chapter, and the aforementioned purchasing procedure manual.
c. The Board of Supervisors may, at its sole discretion, terminate such participation at any
time after ten (i 0} days advance written notice mailed to the using agency.
d. A charge may be made for the services performed under this section.
Section 46-8 Energy Conservation Considerations
Prior to the purchase of all new equipment, except in the case of an emergency, the Purchasing
Agent or any other County officer or employee authorized to purchase such equipment shall
evaluate and consider the energy consumption level and the anticipated operating costs over
the useful life of the new equipment in addition to the initial cost of such equipment, whenever
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practical and feasible.
ARTICLE II. PURCHASES
Section 46-9 Purchases of Personal Property
The Purchasing Agent shall be authorized and is hereby required to make purchases of
personal property far the County, County officers or departments, and using agencies.
Section 46-10 Purchases of Services
The Purchasing Agent is authorized to enter into agreements by which independent contractors
provide services to the County, County officers or departments, and using agencies.
The Purchasing Agent shall let personal service contracts identified by Government Code
Sections 25358 and 3t 000; provided, however, that the amount of any such contract shall not
exceed the amount prescribed by Government Code Section 25502.5.
Any contract that is known at the time of bidding to exceed pertinent statutory limitations shall
be subject to approval by the Board of Supervisors. Any other contract for such services let by
the Purchasing Agent shall contain a provision, that such contract terminates upon the date of
provision of services or personal property or incurring of expenses, the cumulative total of which
equals said statutorily prescribed amount.
Section 46-11 Term of Contracts
The Purchasing Agent shall not, absent prior approval by the Board of Supervisors, let any
contract which exceeds a term of three years for the rental or lease of personal property, or for
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the acquisition of services by independent contract. No such contract shall exceed one (1) year
unless the Purchasing Agent finds, and such findings are recited in the body of the contract, that
a term longer than one (1 }year is required in order to promote efficiency and economy, or for
other reasons that a term of one (1) year is otherwise impractical.
Section 46-12 Competitive Bidding Required
l xcept as authorized by section 46-14, all purchases by the Purchasing Agent shall be made
pursuant to competitive proposals, and shall be let to the responsible party who submits a
responsive bid that is in the best interests of the County.
a. The solicitation of proposals by newspaper publication shall not be required. The
Purchasing Agent shat! utilize such processes to advertise intended purchases as are
reasonably calculated to provide adequate competition among suppliers within the
County, including, but not limited to, the direct solicitation of proposals from bidder lists.
b. The purchasing manual may contain procedures under which notice is given
exclusively to pre-qualified suppliers, and identify other forms and procedures for the
issuance of notice.
Section 48-13 Award of Contracts
Awards shall be determined by and be based upon the best proposal which, in the discretion
of the Purchasing Agent, mast adequately meets the needs of the County, officer, department,
or using agency at the lowest price.
a. In determining the best proposal, in addition to price, the Purchasing Agent may
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consider the quality, availability and functional suitability of the personal
property or contractual services to the particular use intended. The Purchasing Agent
may also consider other factors, including, but not limited to, the following:
(1 } The ability, capacity and skill of the bidder to perform the contract or
provide the service required;
(2) Whether the bidder can perfarm the contract or provide the service
promptly or within the time specified, without delay or interference;
{3) The character, integrity, reputation, judgment, experience and efficiency
of the bidder;
{4} The quality of the bidder's performance on previous contracts or services;
(5) The previous and existing compliance by the bidder with laws and
chapters relating to the contractor service;
(6) The sufficiency of the financial resources, and ability of the bidder to
perform the contractor provide the service;
(7} The ability of the bidder to provide future maintenance and service far the
purchased product; and
(8) The number and scope of conditions attached to the bid.
b. With respect to acquisitions of title to personal property or the use of personal property
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by rental, lease, or otherwise, the best proposal shall, as to products which equally
satisfy intended uses, be the one submitted by a responsible bidder at the lowest price.
c. When two or more proposals for the sale, rental, or [ease of persona! property are the
same, the Purchasing Agent shall give preference to the lowest responsible bidder within
the County of Butte who offers to supply items raised, grown, manufactured, fabricated,
processed or assembled in Butte County if price, quality, service and other factors are
equal.
d. Personal Services contracts less than $25,000 shall be made on the basis of
competition unless the General Services Director approves the procurement on a sole
source basis. Personal Services contracts, and sole source determinations when
applicable, valued at $25,000 or more shall be approved by the Board of Supervisors.
Section 46-14 Exceptions to Bidding
Purchases may, but need not, be let pursuant to competitive bidding under the following
circumstances:
a. When the price to be paid under the purchase contract is ten thousand dollars {$10,000)
or less, unless otherwise required by state law; or
b. When a patented or proprietary item is being purchased; or
c. In the event of an emergency; or
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d. When the following types of personal property or services are being acquired, obtained,
rented or leased:
(1) advertising;
(2} books, recordings, motion picture film, subscriptions;
(3) election supplies;
{4) insurance;
{5) public utility services;
(6} travel services;
{7) property or services provided by ar through other governments[ agencies; or
property or services, the price of which is fixed by law.
Section 4fi-'i5 Bidding Procedures for Public Projects
By Board of Supervisor resolution, this County has elected to became subject to the procedures
established pursuant to the Uniform Public Construction Cost Accounting Act {California Public
Contract Code Section 22000 et seq.), hereinafter referred to as the "Act", and has notified the
State Controlier of such election. Incompliance with Section 22034 of said Act, this section is
adapted as the procedure for felting work by informal bidding only far public projects within the
limits set forth in Section 22032 of said Acts, as adjusted from time to time pursuant to Section
22020 of said Act. All other work not exempted from public bidding requirements shall be
advertised and awarded fn accordance with applicable provisions of State law and County
policies.
Delegation of Duties
(1 } Pursuant to Section 22034(e} of the Public Contract Code, the Board of
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Supervisors delegates the following duties to the Director of Public Works and Road
Commissioner for road fund projects, and to the Purchasing Agent for all other public
projects:
{a) As awarding officer, the Director of Public Works, Road Commissioner
or the Purchasing Agent, whatever the case maybe, shat! solicit bids and
award contracts for public projects funded by budget units managed
under the General Services Director or Director of Public Works, and for
public projects of other County departments which have engaged such
officials to manage the design and construction of such projects; and
{b) The Purchasing Agent, as awarding officer, shall solicit bids and award
contracts for public projects for any other County department not covered
by Section 46-15 a (1 } (a} above; and
(c} The Purchasing Agent, Director of Public Works and Road
Commissioner shall maintain a list of contractors as herein provided; and
(d} The Purchasing Agent shall have the authority to consent to the
substitution of subcontractors pursuant to the Subletting and
Subcontracting Fair Practices Act (California Public Contract Code 4100
et seq).
(2) Pursuant to Section 22050(b} of the Public Contract Code, the Board of Supervisors
delegates to the Chief Administrative Officer the authority to order any action pursuant
to Section 22050{a)(1 } in the event of an emergency.
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~ b. Contractors List
Contractor listings, identified according to categories of work, sha[I be maintained and
administered under this Section by the Purchasing Agent. The contractor listing shall
be developed and maintained in accordance with minimum criteria determined by the
California Uniform Construction Cost Accounting Commission. The list may be revised
from time to time to remove inactive names or add new names.
~ c. Notice Invitin lnformal Bids
(1 } All contractors on the fist for the category of work being bid andlor all construction trade
journals specified in Section 22Q36 of the Public Contract Code, or any successor
statute, shall be mailed a notice inviting informal bids unless the product or service is
proprietary.
(2} The notice inviting informal bids shall include a project description in genera[ terms, the
time and place for submission of bids, and information on how to obtain more detailed
information on the project.
(3} All mailing of notices to contractors and construction trade journals pursuant to Section
46-15 c {1) above shall be completed not less than ten (10} calendar days prior to the
date that bids are due.
~ d. Contract Award
(1) The contract shall be awarded to the lowest responsible bidder if the Purchasing Agent
determines the bidder to be responsible, the bid to be responsive and reasonable, that
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sufficient funds have been appropriated and the bid is within the limits prescribed for
award.
(2) If all bids received are in excess of seventy-five thousand dollars ($75,000), the Board
of Supervisors may by passage of a resolution by afour-fifths majority, award the
contract at eighty thousand dollars {$80,000) or less to the lowest responsible bidder,
if it determines the cost is reasonable.
{3) Upon completion of a project, the Purchasing Agent shaA record a Notice of Completion.
e. Change Orders
Changes maybe made to the contract with the following limitations:
(1 } Appropriated funds are available to cover the cost of the change;
(2) Neither the net sum of any individual change nor the sum of all changes in the aggregate
increase the total contract amount by mare than the amount specified in Section
22032(a) ofi the Act ($25,000} as it may be adjusted from time to time;
(3) Neither the net sum of any individual change nor the net sum of all changes in the
aggregate increases the total contract amount by more than ten percent (10°/a) of the
amount specified in Section 22032{b) of the Act ($7,500), as it may be adjusted from
time to time; and
(4) The Purchasing Agent considers the change to be reasonable.
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#. Exempt Projects
The procedures set forth in this chapter shat[ not apply in any of the following situations:
(1 } Where a public project qualifies as an emergency under Public Contract Code Section
20135{a}, 20395, 22035 or other statutory authority;
(2} Where a public project is otherwise exempt from bidding requirements under Public
Contract Code Section 20394, 20395, 22032(a} or other statutory authority.
(3} Where alternative procedures are available under Public Contract Code Section 22031
or other statutory authority and the County elects to use such alternative procedures.
g. Alternative Procedures
Nothing in this Section shall prohibit the Board of Supervisors or the Butte County Road
Commissioner from utilizing, as an alternative to the procedures set forth in the Act and this
Section, the procedures set forth in Article 25, commencing with Section 20390, of the Public
Contract Code.
Section 46-16 Splitting of Requirements Prohibited
It is unlawful, pursuant to' Cali#omia Public Contracts Code 20150.11, to split or separate
purchases into multiple low value actions to (1) avoid dollar threshold limits to purchasing
authority, ar {2) avoid requirements far competitive bidding.
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ARTICLE lII. SALE OP SURPLUS PROPERTY
Section 46-i7 Surplus Property
The Purchasing Agent, or an authorized representative thereof, shall sell, lease, exchange,
trade-in, or otherwise dispose of unneeded or surplus personal property of the County or any
using agency that has an estimated value of more than two thousand five hundred ($2,500}
dollars to the highest responsible bidder in accordance with those procedures set forth in state
law.
Bids may be received in writing in the form of competitive bids, by auction conducted by the
Purchasing Agent or authorized representative thereof, or both.
Surplus property having a value of less than two thousand five hundred ($2,500) dollars shall
be disposed of by the purchasing agent, or an authorized representative thereof, pursuant to the
policy established and contained in the purchasing policy manual.
Section 46-18 Purchase Prohibited
No officer, agent or employee of the County assigned to the purchasing function or responsible
for surplus property declarations shall either directly or indirectly submit a bid for or purchase
of County property that has been declared surplus.
Section 2. Authority. Pursuant to Section 20150.5 of the Public Contract Code and the Uniform Public
Construction Cost Accounting Act (Section 22000, et seq. Of the Public Contract Code)
Section 3. Severabi[ity_
If any provision of this Ordinance or the application thereof to any person or circumstances is
for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed
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severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application thereof.
Secticn 4. Effective Date and Publication. This Ordinance shall take effect thirty (3Q) days after the
date of its passage. The Clerk ofi the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be
published once, with the names of the members of the Board of Supervisors voting for and against it,
in the Ghico/Enterprise
a newspaper of general circulation published in the County of Butte, State of
California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte State of California,
on the 22nd day of June , 1999, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
County Board of Supervisors
ATT
and Clerk of th~Board
46.ord
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