HomeMy WebLinkAbout3864Ordinance No, 3864
AN ORDINANCE OF THE COUNTY OF BUTTE
REPEALING CHAPTER 46 OF THE BUTTE COUNTY CODE
CONCERNING PURCHASING AND REPLACING IT WITH A NEW CHAPTER 46
CONCERNING PURCHASING
The Board of Supervisors of the County of Butte, State of California, ordains as follows:
Section ~ . The entire Butte County Code Chapter 46 is repealed and replaced with the following
new sections.
Chapter 46
PURCHASING
Art. I. General Provisions, §§ 46-1 - 46-8
Art. II. Purchases, §§ 46-9 - 46-16
Art. III. Sale of Surplus Property, §§ 46-17, 46-18
ARTICLE I. GENERAL PROVISIONS
Sec. 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.
Sec. 46.2. Purchasing Agent.
Pursuant to Government Cade sections 25500 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. The chief administrative officer may delegate authority to county
departments to make direct purchases by credit card or field purchase order within specific
prescribed limits.
Sec. 46-3 Definitions.
As used in this Chapter, the following terms shall be ascribed the following meanings:
(a) Contractual services means any and all telephone, gas, water, electric light and
power services; towel, window washing and cleaning seNice; the rental of
equipment and machinery; and all other types of seNices required by the County
government but not furnished by its own employees.
(b) Emergency means an unforeseen circumstance in which an immediate purchase is
necessary in order to avoid ar 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} Patented or proprietary items mean supplies, materials or equipment that are
produced by one {1) manufacturer or are available from one (1 }source, or services
that are available from one {1) provider.
{d} Personal property means materials, supplies, machinery, furnishing, equipment and
any other tangible article required far the conduct of business of the county or using
agency.
(e) Professional and Personal 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;
(3} for the provision of services by independent contract or otherwise; or
{4) any combination of the foregoing.
(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 or service facilities, service reputation and experience are adequate to
make satisfactory delivery of the supplies, materials, equipment or contractual
service an which it bids; and who has not violated, or attempted to violate, any
provisions of this Chapter or any other local, state or federal procurement law or
regulation.
{h) Supplier within the Caunfy means a firm or individual who regularly maintains a
place of business and has an inventory of merchandise for sale within the County of
Butte.
(i} Supplies, materials ar equipment mean any and all articles or things which shall be
furnished to or used by any department, including any and ail printing, binding, or
publication of stationery, farms, laws, journals and reports, but excluding election
supplies and services or materials furnished "in kind" in lieu of cash to indigents.
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Q) 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 within the county; or any board,
commission, or joint powers agency to which the county or any such district is a party.
Sec. 46-4. Authority to Purchase.
Except as otherwise provided by law or this chapter, all 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
purchasing agent are not immediately available, emergency purchases may be made by
department heads or employees authorized by department heads 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 county by the department head or authorized employee. Each such
emergency purchase shall be reported in writing to the purchasing agent as soon as passible, but
in no event later than five (5) calendar days following the date on which the purchase is made.
Such report shall include a detailed explanation of the nature of the emergency, as well as the
reasons necessitating the purchase.
Sec. 46-5. Persons Authorized #o Requisition.
Authority to direct requisitions to the purchasing agent for purchases is vested in the heads
of the offices, departments and institutions of the county. Such vested persons may delegate this
authority to any of that person's deputies, officers or employees by filing written authorization with
the purchasing agent. Each vested person 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 to the extent that their own personal assets may be at risk to cover any resulting budget
shortfall.
Sec. 46.6. Purchasing Procedures.
The purchasing agent shall establish methods and procedures for the functioning of the
purchasing services office.
(a) The purchasing agent shall prepare a purchasing procedure manual that sets forkh
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 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:
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{1) Procedures under which purchases wi#hout competitive bidding will be
considered, approved and authorized
{2) Procedures for the identification and approval, without competitive bidding, of
purchases of patented or proprietary items
(3) Procedures for competitive bidding for personal properly
(4} Procedures for the standardization of personal properly common to the needs
of, and required by two (2) or more county departments or using agencies
{5) Procedures far the establishment and maintenance of lists of bidders, pre-
qualified ar otherwise
{6) Procedures for providing reasonable notice for soliciting bids
(7) Procedures for the award of contracts
(8) Procedures for the implementation of joint purchasing policies and procedures
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.
Ali 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.
Sec. 4$-7. t~urchasing for Non-County Public Agencies.
The purchasing agent shall perform any nr 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 fled with the purchasing agent. The resolution shall:
{1) Set Earth competitive bidding limits,
restrictions ar requirements specified
using agency; and
advertising requirements and any other
by state law governing purchases by the
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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 nat have in force any other contract for 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 {10) days advance written notice mailed to the using agency. The
ten (10) days shall be computed from the date that the notice is deposited in the
mail.
(d} A charge may be made for the services performed under this section.
Sec. 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 equipmen#, whenever
practical and feasible.
ARTICLE II. PURCHASES
Sec. 46-9. Purchases of Personal Property.
The purchasing agent shall be authorized and is hereby required to make purchases of
personal property for the county, county officers or departments, and using agencies.
Sec. 46-90. Purchases of Services.
The purchasing agent is authorized to enter into agreements by which independent
contractors provide services to the county, county officers ar departments, and using agencies.
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The purchasing agent shall let personal service contracts permitted by Government Code
sections 25358 and 31000; 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 shall terminate automatically
upon the date of provision of services or personal property or incurring of expenses, the cumulative
total of which equals said statutorily prescribed amount.
Sec. 46-1'f . Tenn 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 far the rental or lease of personal property, or for the
acquisition of services by independent con#ract. No such contract shall exceed one (1 }year unless
the purchasing agent finds that a term longer than one {1) year is required in order to promote
efficiency, or for other reasons that a term of one (1) year is otherwise impractica{. The purchasing
agent may let contracts to a term of not more than ten (10) years if the aggregate price of the
agreement does not exceed $5,000.
Sec. 46-92. Competitive Process Required.
Except as authorized by section 46-14, all purchases by the purchasing agent shall be
made pursuant to competitive solicitations, and shall be let to the responsible parry who submits a
responsive bid, quote or proposal that is in the best interests of the county.
(a} The solicitation of proposals by newspaper publication shall not be required. The
purchasing agent shall 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 offers from supplier
lists.
{b} The purchasing procedures manual may contain procedures under which notice is
given exclusively to pre-qualified suppliers, and may identify other forms and
procedures for the issuance of notice.
Sec. 46-13. Award of Contracts.
Awards shall be determined by and be based upon the best bid, quotation or proposal
which, in the discretion of the Purchasing Agent most adequately meets the needs of the county,
officer, department, or using agency using those criteria noted below.
(a) In determining the best bid, quotation or proposal, in addition to price, the
purchasing agent may 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:
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{1) The ability, capacity and skill of the supplier to pertorm the contract or provide
the service required;
(2) Whether the supplier can perform the contract or provide the service promptly ar
within the time specified, without delay or interference;
(3) The character, integrity, reputation, judgment, experience and efficiency of the
supplier;
(4) The quality of the supplier's performance on previous contracts or services;
{5) The previous and existing compliance by the supplier with laws and chapters
relating to the contract or service;
(8) The sufficiency of the financial resources, and ability of the supplier to perform
the contract or provide the service;
(7) The ability of the supplier to provide future maintenance and service for the
purchased product; and
(8} The number and scope of conditions attached to the bid, quotation or proposal.
{b} With respect to acquisitions of title to personal property or the use of personal
property by rental, lease, or otherwise, the best proposal shall, as to products which
equally satisfy intended uses, be the one submitted by a responsible supplier at the
lowest price.
{c) In determining the lowest price, in recognition of greater accessibility of the product
to the County, five percent (5%) of the offered price shall be deducted from the price
offered by those "Suppliers within the County" as defined in Section 46-3 (h} above.
(d) Personal services contracts valued above the amount prescribed by Government
Code section 25502.5 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 above
the amount prescribed by Government Code section 25502.5 shall be approved by
the board of supervisors.
Sec. 46-14. Exceptions to Competitive Process.
Purchases may, but need not be, let pursuant to a competitive process under the following
circumstances:
{a) When the price to be paid under the purchase contract is twenty-five thousand
dollars ($25,040) or less, formal bidding is not required, unless otherwise required
by state law; or
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(b} When the price to be paid under the purchase contract is ten thousand dollars
($10,OOfl) or less, informal proposals or quotations are not required, unless
otherwise required by state law; or
(c} When a patented or proprietary item is being purchased; or
{d) In the event of an emergency; or
{e) 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;
(~} Travel services;
(7) Property or services provided by or through other governmental agencies; or
property or services, the price of which is fixed by law.
Sec. 46-15. Bidding Procedures for Public Projects,
By board of supervisor resolution, this county has elected to become 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 controller of such election. In compliance with section 22034 of said Act, this
section is adopted as the procedure to letting work by informal bidding only for public projects
within the limits set forth in section 22032 of said Act, as adjusted from time to time pursuant to
section 22020 of said Act. AEI other work not exempted from public bidding requirements shall be
advertised and awarded in accordance with applicable provisions of state law and county policies.
{a) Delegation of Dutles
{1} Pursuant to Section 22034(e} of the Public Contract Code, the board of
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 may be, shall 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
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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 far public projects for thane county departments not covered by
section 46-15 (a) (1 } a above; and
{c) The purchasing agent, director of public works and road commissioner
shat{ maintain a list of contractors as herein provided; and
(d) The purchasing agent, road commissioner and public works director shalt
have the authority to consent to the substitution of subcontractors pursuant
to the Subletting and Subcontracting Fair Practices Act California Public
Contract Cade 4100 et. seq}.
(2) Pursuant to Section 22050(b} of the Public Contract Code, the board of
supervisors hereby delegates to the chief administrative officer the authority to
order any action pursuant to Section 22050(a}(1) in the event of an emergency.
(b) Contractors lisf. Contractor listings, identified according to categories of work, shall
be maintained and administered under this section by the purchasing agent. The
contractor listing shall be developed and maintained in accordance with minimum
cri#eria determined by the California Uniform Construction Cost Accounting
Commission. The list may be revised from time #o time to remove inactive names or
add new names.
(c} Notice invifing informal bids.
(1 } All contractors on the list for the category of work being bid andlor all
construction trade journals specified in section 22036 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 infiormal bids shall include a project description in general
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 sufficient funds have been appropriated and the bid is within
the limits prescribed for award.
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{2) If all bids received are in excess of the threshold established for formal bidding
in section 22032{c) of the Act, the board of supervisors may by passage of a
resolution by a four-fifths majority, award the contract at the threshold
established in section 22034(f) of the Act or less to the lowest responsible
bidder, if it determines the cast is reasonable.
{3) Upon completion of a project, the Purchasing Agen# shall record a notice of
completion.
(e) Change orders. Changes may be made to the contract with the following limitations:
(1 } Appropriated funds are available to cover the cost of the change;
(2) The board of supervisors authorizes the purchasing agent, director of public
works and road commissioner or their designees authority to order changes or
additions in the work being performed under construction contracts within the
limits prescribed in section 20142(a) and (b) of the Public Contract Code; and
{3) The purchasing agent, road commissioner, director of public works or their
designees considers the change to be reasonable.
(f) Exempt projects. The procedures set forth in this chapter shall not apply in any of
the following situations:
{1) Where a public project qualifies as an emergency under Public Contract Code
sections 20135{a}, 20395, 22035 or other statutory authority;
{2} Where a public project is otherwise exempt from bidding requirements under
Public Contract Code sections 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, purchasing agent, director of public works or the Butte County road
commissioner, or their designees, 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.
Sec. 4fi-1fi. Splitting of requirements prohibited.
It is unlawful (California Public Contracts Cade 20150.11) to split or separate purchases
into multiple low value actions to (1 } avoid dollar threshold limits to purchasing authority, or (2)
avoid requirements for competitive bidding.
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ARTICLE III. SALE OF SURPI-US PROPERTY
Sec. 46-17. Surplus Property.
The purchasing agent, or an authorized representative thereof, shall sell, lease, exchange,
tradean, or otherwise dispose of unneeded or surplus personal property of the County or any using
agency that has an estimated value of mare than five thousand dollars ($5,000) 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 nr authorized representative thereof, or both.
Surplus property having a value of less than five thousand dollars ($5,000) 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.
Sec. 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. Severability. 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 severable and the invalidity thereof shall not affect the remaining
provisions or applications of the Ordinance which can be given effect without the invalid provision
or application thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after
the date of its passage. The Clerk of the Board of Supervisors is authorized and directed, before
the expiration of fifteen (15} days after its passage, to publish this Ordinance once, with the names
of the members of the Board of Supervisors voting far and against it, in the Enterprise-Record, a
newspaper 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 ~ 2~d Day of December , 2003 by the following vote:
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AYES: Supervisors Dalan, Houx, Yamaguchi , .~oslassen and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
R.J. Beeler, Chair of the Butte County
Board of Supervisors
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
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