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Home My WebLink About4045Ordinance No. 4045 AN ORDINANCE OF THE COUNTY OF BUTTE ADDING CHAPTER 51, ENTITLED "CONTRACTSIPROCUREMENT SUNSET PILOT PROJECT," OF THE BUTTE COUNTY CODE The Board of Supervisors of the County of Butte, State of California, ordains as follows: Section 1. Chapter 51 is added to the Butte County Code. Section 2. Article I is added to Chapter 51 of the Butte County Code to read as follows: Article I. General Provisions 51-1 Authority and Title. Pursuant to the authority granted in Article XI, section 7 of the California Constitution, the Board of Supervisors does enact this Ordinance, which shall be known and may be cited as the "Butte County Contracts 1 Procurement Sunset Pilot Project Ordinance". 51-2 Purpose. In an effort to improve efficiency, the Board of Supervisors Ends it necessary to evaluate the current Contracts 1 Procurement Policies and Procedures. Prior to implementing any change across all County departments, the Board of Supervisors requires a controlled and limited pilot test. The purpose of the Butte County Contracts 1 Procurement Sunset Project Ordinance is to define necessary authorization and controls for the testing of new Contracts 1 Procurement Policies and Procedures. 51-3 Application of Chapter. Application of this chapter shall be limited to: {a} Applicable contracting and procurement transactions completed pursuant to the ContractslProcurement Sunset Pilot Project Ordinance prior to August 31, 2013; (b) Applicable transactions completed pursuant to the Contracts/Procurement Sunset Pilot Project by approved Pilot Project User Departments identified in Article II Section S 1-s; {c) No other Departments shall become Pilot Project User Departments under the terms of this Ordinance. (d) The provisions of the ContractslProcurement Sunset Pilot Project Ordinance shall not be operative until July 1, 2012. Section 3. Article II is added to Chapter 51 of the Butte County Code to read as follows: Article II. Provisions of Pilot Project 51-4 Steering Committee Implementation of the Contracts /Procurement Sunset Pilot Project Ordinance requires the implementation of a Steering Committee: (a) The Steering Committee shall be comprised of the fallowing department heads: i. Auditor-Controller; ii. County Counsel; iii. Chief Administrative Officer; iv. Chief Financial Officer; v. Director, General Services; vi. Director, Human Resources; vii. Sheriff-Coroner. (b} The Steering Committee shall advise the pilot project implementation team during the development of testing new policies and procedures; (c) The Steering Committee shall evaluate and approve the methods used to delegate contracting and procurement functions to Pilot Project User Departments prior to any Pilot Project User Department receiving additional authority as defined herein; (d} The Steering Committee shall regularly review the results of audits performed within the Contracts /Procurement Sunset Pilot Project and retain the authority to recommend to the Chief Administrative Officer the removal of additional authority of any Pilot Project User Department. 51-5 Pila# Project )implementation Team Implementation of the Contracts /Procurement Sunset Pilot Project Ordinance requires the implementation of a Pilot Project Implementation Team: (a) The Pilot Project Implementation Team shall be comprised of: i. Director, General Services; ii. Contracts Manager; iii. Director -Employment and Social Services or Designee; iv. Director -Public Health or Designee; v. Treasurer -Tax Collector or Designee; (b} The Pilot Project Implementation Team shall: i. Provide the administrative support necessary to implement the Contracts 1 Procurement Sunset Pilot Project Ordinance; ii. Obtain the advice of the Steering Committee to develop new contracting and procurement policies and procedures that are consistent with legal requirements and with consideration given to all County departments; iii. Recommend changes to the Board of Supervisors regarding the Contracts / Procurement Policies and Procedures. 51-6 Pilot Project User Departments This Chapter shall apply to the following County departments, which will be the Pilot Project User Departments: (a} Department of Employment and Social Services; (b) Department of Public Health; (c) Department of the Treasurer -Tax Collector; (d) Sheriff /Coroner. Section 4. Article III is added to Chapter 51 of the Butte County Code to read as follows: Article III. Proper Delegation 51-7 Training The Pilot Project Implementation Team shall prepare and implement a training program requiring mandatory completion by the Pilot Project User Departments prior to receiving additional authority in contracting and procurement functions. 51-$ Certification The Pilot Project Implementation Team shall prepare and implement a certification program requiring competency testing by the Pilot Project User Departments prior to receiving additional authority in contracting and procurement functions. 51-9 Delegation of Contracting The delegation of contracting functions in the Butte County Contracts/Procurement Sunset Pilot Program shall be as follows: (a) The Director, General Services is hereby delegated the authority to execute all County contracts for services developed pursuant to the Butte County Contracts / Procurement Sunset Filot Program with a value up to seventy-four thousand, nine- hundred ninety-nine dollars and ninety-nine cents {$74,999.99); (b) The Director, General Services is hereby delegated the authority to execute all county contracts for public projects developed pursuant to the Butte County Contracts Frocurement Sunset Pilot Program with a value up to one-hundred twenty-four thousand, nine-hundred ninety-nine dollars and ninety-nine cents ($124,999.99); {c) The Director, General Services is hereby delegated fhe authority to negotiate county contracts far public projects and/or to conduct public projects by force account pursuant to the Butte County Contracts/Fracurement Sunset Pilot Program with a value up to forty-four thousand, nine-hundred ninety-nine dollars and ninety-nine cents {$44,999.99}; {d) The Pilot Froject User Departments are hereby delegated responsibility for contract review and execution under the circumstances listed below. Contracts using unaltered and approved Standard County Contract Templates, that are not for public construction projects, shall not require review by the General Services Department ar County Counsel prior to their execution; (e) The Pilot Project User Department responsibilities set forth in subsection (d} require the following: i. The separation of duties within the Filot Froject User Department executing such contracts shall segregate vendor selection; contract execution and payment approval; ii. The maximum value of such contracts shall be twenty-four thousand, nine- hundred ninety-nine dollars and ninety-nine cents ($24,999.99); iii. The Pilot Project User Department must: 1. Complete all Contracting Training Sessions; 2. Obtain Certification of Competency for contracting; 3. Obtain approval from the Chief Administrative Off cer and Director, General Services to review and execute such contracts. (f) The authority to review and execute contracts pursuant to the Contracts / Procurement Sunset Pilot Program shall be granted to an approved individual employee and not a job classification. Deputation shall be by the Chief Administrative Officer in the farm of a prescribed insertion commensurate with their training and certification. 51-14 Delegation of Procurement The delegation of procurement functions in the Butte County Contracts /Procurement Sunset Pilot Program shall be as follows: {a} The Pilot Project User Departments are hereby delegated responsibility for document review relating to procurement. Such documentation shall not require review by the General Services Department prior to issuance of a Purchase Order, (b) The Pilot Project User Department responsibilities set Earth in subsection {a} require the following: i. The separation of duties within the Pilot Project User Department obtaining the procurement consistent with the three-way-match or the segregation of requisitioning/purchasing; receiving/verifying; approval of the billlinvaice; ii. The maximum value of such purchases shall be twenty-four thousand, nine- hundred ninety-nine dollars and ninety-nine cents ($24,999.99); iii. The Pilot Project User Department must: 1. Complete all Procurement Training Sessions; 2. Obtain Certification of Competency far procurement; 3. Obtain approva! the Chief Administrative Officer and Director, General Services to review documents relating to procurement and make such purchases. (c) The authority to review procurement documents and make purchases pursuant to the Contracts 1 Procurement Sunset Pilot Program shall be granted to an approved individual employee and not a job classification. Deputation shall be by the Chief Administrative Off cer in the form of a prescribed insertion commensurate with their training and certification. (d} Procurement transactions completed under the conditions stated herein shall be xecarded in a centralized Procurement Database approved by the Director, General Services. 5-1f Auditing Implementation of the Contracts / Frocurement Sunset Pilot Project Ordinance requires a comprehensive internal audit program: (a) The Pilot Project Implementation Team shall develop the internal auditing program in conjunction with the Auditor -Controller's Office; (b) The internal auditing program shall be evaluated by the Steering Committee prior to the delegation of any contracting ar procurement functions. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstances if for any reason held to be invalid by a court of competent jurisdiction, such provisions shall be deemed 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 oz application thereof. Section 6. 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 to publish this Ordinance before the expization 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 Chico Entezprise Record, a newspaper of genezal 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 12th day of June, 2Q12, by the following vote: AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert NOES: None ABSENT: None NOT VOTING: None o~~/~G~ STEVE L ERT, Chair of the Butte County Board of Supervisors ATTEST: Paul Hahn, Chie Cler By: