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HomeMy WebLinkAbout4111 1 Ordinance No. 4111 2 AN ORDINANCE OF THE COUNTY OF BUTTE 3 REPEALING CHAPTER 46 OF THE BUTTE COUNTY CODE ENTITLED 4 "PURCHASING" AND REPLACING IT WITH A NEW CHAPTER 46 ENTITLED 5 "PURCHASING" 6 Chapter 46—Purchasing 7 The Board of Supervisors of the County of Butte ordains as follows: 8 Section 1. 9 10 46-1 Application of chapter. 11 The provisions of this chapter shall apply to the County of Butte, a political subdivision of 12 the State of California, as defined in the Center-Led Contracting/Procurement Policies and 13 Procedures Manual that sets forth the rules and regulations for the administration of this chapter. 14 46-2 Purchasing agent. 15 Pursuant to California Government Code Section 25500 et seq., there is hereby created the 16 Office of County Purchasing Agent. The Purchasing Agent shall be the Chief Administrative 17 Officer. The Purchasing Agent shall be vested with such powers, duties and responsibilities as 18 are prescribed by state law and this chapter, sections 1 through 6. The Purchasing Agent may 19 delegate all or a portion of the duties to his/her designee. 20 21 46-3 Purchasing policies and procedures. 22 The County may utilize the Center-Led Model of purchasing. Purchasing rules, regulations 23 and practices of the County, in accordance with statute and the provisions of this Chapter, shall 24 be assembled collectively into the Center-Led Contracting/Procurement Policies and 25 Procedures Manual. 26 A. The Board of Supervisors shall adopt general and specific policies and administrative 27 procedures contained in the Center-Led Contracting/Procurement Policies and Procedures 28 1 Manual. All provisions of the general and specific policies and administrative procedures 2 shall be subject to modification by the Board of Supervisors through the adoption of a 3 resolution, and shall take effect immediately thereafter. 4 B. The Chief Administrative Officer shall implement Board polices through transactional 5 procedures and desk reference materials maintained by the General Services Department. 6 C. The Center-Led Contracting/Procurement Policies and Procedures Manual shall contain 7 rules, regulations and practices that require the Purchasing Agent to obtain quotations by the 8 use of formal or informal bids in connection with the procurement of commodities, materials, 9 10 supplies, furnishings, equipment, livestock and other personal property for which the 11 Purchasing Agent is authorized to purchase for the County and its offices. 12 D. The Purchasing Agent and his/her designee shall comply with all of the rules, regulations and 13 practices set forth in the Center-Led Contracting I Procurement Policies and Procedures 14 Manual. 15 46-4 Authority to purchase personal property and services. 16 Except as otherwise provided by law or this chapter, all purchases of personal property and 17 services, regardless of the source of funding or revenue, shall be made in the name of the 18 County, by written contract, approved by and executed on behalf of either the Board of 19 Supervisors or the Purchasing Agent. 20 The Purchasing Agent shall be authorized and is hereby required to rent or make purchases 21 22 of personal property for, and let contracts by which independent contractors provide services to, 23 the County, County officers or departments, and using agencies upon issuance of a purchase 24 requisition. 25 The Purchasing Agent shall be authorized to contract with persons specially trained, 26 experienced, expert and competent to perform special services for the County, County officers or 27 departments, or any district or court in the County which consists of services, advice, education 28 1 or training for said public entities or employees thereof in the areas of financial, economic, 2 accounting, engineering, legal, medical, therapeutic, administrative, architectural, airport or 3 building security matters, and laundry or linen services, and may include maintenance or 4 custodial matters if the location for provision of service is remote, within the monetary limits 5 provided in California Government Code. 6 The Purchasing Agent may delegate authority to County department heads to make direct 7 purchases by contract, credit card or open account within specific prescribed limits as determine. 8 by the level of certification in Center-Led Contracting/Procurement Policies and Procedures 9 10 Manual. 11 Deputy authority delegated from the Purchasing Agent shall be in writing and shall be filed 12 in the offices of the County Clerk-Recorder, the County Auditor-Controller and the County 13 General Services Department; shall be at the sole discretion of the Chief Administrative Officer; 14 and shall be contingent upon staff in that department acquiring and maintaining certification in 15 Center-Led Contracting/ Procurement Policies and Procedures Manual with continuous 16 demonstration of separation of duties. Increasing levels of"tier" certification shall require 17 demonstrated competency in lower tier transactions and may require additional training. 18 46-5 Public project bidding (informal bidding). 19 By Board of Supervisor resolution, this County has elected to become subject to the 20 procedures for public projects established pursuant to the Uniform Public Construction Cost 21 22 Accounting Act, hereinafter referred to as the "Act", and has notified the State Controller of such 23 election. In compliance with said Act, this section governs the selection of contractors to perform 24 public projects pursuant to said Act, otherwise known as informal bidding procedures. All other 25 work not exempted from informal bidding requirements shall be advertised and awarded in 26 accordance with applicable provision of State law and County policies and procedures as 27 provided in the Center-Led Contracting/Procurement Policies and Procedures Manual. 28 1 A. Delegation of duties 2 1. Pursuant to the Act, the Board of Supervisors delegates the following duties to the 3 Director of Public Works and Road Commissioner for road fund and enterprise fund 4 projects, and to the Purchasing Agent for all other public projects: 5 a. As awarding officer, the Director of Public Works, Road Commissioner or the 6 Purchasing Agent, whatever the case may be, shall solicit bids and award informal 7 contracts and conduct personal property procurement according to the California 8 Uniform Construction Cost Accounting Commission Cost Accounting Policies and 9 10 Procedures Manual for public projects funded by budget units managed under the 11 Director of Public Works or Director, General Services, respectively, and for public 12 projects of other County departments which have engaged the Purchasing Agent to 13 manage the design and/or construction of such projects; and 14 b. The Purchasing Agent, as awarding officer, shall solicit bids and award informal 15 contracts and conduct personal property procurement according to the California 16 Uniform Construction Cost Accounting Commission Cost Accounting Policies and I7 Procedures Manual for public projects not covered by Section 46-5 A.1.a., above. 18 c. The Purchasing Agent, Director of Public Works and Road Commissioner shall 19 maintain a list of qualified contractors, identified according to categories of work. 20 The contractor listing shall be developed and maintained in accordance with 21 22 minimum criteria determined by the California Uniform Construction Cost 23 Accounting Commission. The list may be revised from time to time to remove 24 inactive names or to add new names. 25 B. Notice inviting informal bids 26 27 28 a 1 1. All contractors on the list for the category of work being bid and/or all construction trade 2 journals specified in the Act, or any successor statute, shall be mailed a notice inviting 3 informal bids unless the product or service is proprietary. 4 2. All mailing of notices to contractors and construction trade journals pursuant to Section 5 46-5_B.1., above, shall be completed not less than ten(10) calendar days prior to the date 6 that bids are due. 7 3. The notice inviting informal bids shall include a project description in general terms, the 8 time and place for submission of bids, and direction on how to obtain more detailed 9 10 information on the project. 11 C. Award in excess of prescribed limit 12 If all bids received are in excess of the limit prescribed by California Public Contract Code 13 for informal contracts, the Board of Supervisors may, by adoption of a resolution by a four-fifths 14 vote, award the contract for an amount not to exceed the limit prescribed in California Public 15 Contract Code to the lowest responsible bidder, if it determines the cost estimate was reasonable. 16 17 46-6 Architectural, engineering and related construction services. 18 The department shall follow a method of Qualifications-Based Selection for professional 19 consulting services involving architectural, landscape architectural, engineering, environmental, 20 21 land surveying, or construction project management firms and related activities. To implement 22 this method of selection, procedures and limits of contracting authority are prescribed in the 23 administrative procedures section contained in the Center-Led Contracting/Procurement 24 Policies and Procedures Manual. The procedures assure that these professional consulting 25 services are engaged on the basis of demonstrated competence and qualifications for the types of 26 services to be performed at fair and reasonable prices, and shall assure maximum participation of 27 small business firms as defined in California Government Code. 28 S 1 2 46-7 Purchasing for non-county public agencies. 3 The Purchasing Agent shall perform any or all of the services provided for in this Chapter, 4 Sections 46-1 through 46-6, on behalf of using agencies, upon their request, and subject to the 5 following provisions: 6 7 A. A resolution which requests the Purchasing Agent to make purchases for or on behalf of the 8 using agency shall be adopted by the governing body of the using agency and filed with the 9 Purchasing Agent. The resolution shall: 10 1. Set forth competitive bidding limits, advertising requirements and any other restrictions 11 or requirements specified by State law governing purchases by the using agency; and 12 2. Provide that for the period of participation the using agency shall: 13 a. Make all purchases in its own name, for that agency only; 14 15 b. Be responsible for payment directly to the supplier and for any tax liability, and will 16 hold the County harmless; 17 c. Not presently have and will not have in force any other contract for like purchases; 18 and 19 d. Not have obtained and does not have under consideration written bids or quotations 20 from other suppliers for like purchases. 21 B. Unless otherwise authorized by law, when making purchases on behalf of a using agency, the 22 Purchasing Agent shall follow the limits and requirements set forth in State statutes, this 23 Chapter, and the Center-Led Contracting/Procurement Policies and Procedures Manual. 24 C. The Board of Supervisors may, at its sole discretion, terminate such participation at any time 25 after ten (10) days advance written notice mailed to the using agency. The ten (10) days shall 26 27 be computed from the date that the notice is deposited in the mail. 28 D. The County may charge the agency in question for the services performed under this Section. IS 1 46-8 Real property transactions. 2 The Chief Administrative Officer is vested with such powers, duties and responsibilities as 3 are prescribed by Sections 46-8 through 46-11 of this Chapter and those pertaining to real 4 property contained in the Center-Led Contracting/Procurement Policies and Procedures 5 Manual. The Chief Administrative Officer may delegate all or a portion of these duties to the 6 Director, General Services. 7 46-9 Real property management authority. 8 Except as otherwise provided by law or this Chapter, all transactions of real property, 9 10 regardless of the source of funding or revenue, shall be made in the name of the County of Butte, 11 by written contract, approved by and executed on behalf of the Board of Supervisors. 12 Pursuant to California Government Code, the Chief Administrative Officer, or upon 13 delegation, the Director, General Services shall perform any or all acts necessary to approve and 14 accept for the County the acquisition of real property or any interest therein, subsequent to 15 approval by the Board of Supervisors. The procedures for the exercise of this authority shall be 16 contained in the Center-Led Contracting/Procurement Policies and Procedures Manual, 17 including establishment of the dollar limit for said acquisitions. The Board of Supervisors may 18 grant authority under this Section to the Chief Administrative Officer for a period not to exceed 19 five years. 20 21 The Chief Administrative Officer or designee, or any County officer the Board of 22 Supervisors deems appropriate by resolution, may conduct the sale of real property belonging to 23 the County pursuant to California Government Code, according to the alternative procedures set 24 forth in the Center-Led Contracting/Procurement Policies and Procedures Manual. 25 The Chief Administrative Officer or designee, or any County officer the Board of 26 Supervisors deems appropriate by resolution, for a period not to exceed five years, may execute 27 and amend leases or licenses pursuant to California Government Code. The limitations imposed 28 7 1 for said authority is cited in the Center-Led Contracting/Procurement Policies and Procedures 2 Manual. 3 46-10 Alternative procedure for sale, lease or license. 4 There is hereby established a procedure alternative to that required by the provisions of 5 California Government Code, inclusive, for the solicitation and notice of the sale, lease or license 6 of any real property belonging to, leased by, or licensed by the County. The alternative procedur: 7 is set forth in the Center-Led Contracting/Procurement Policies and Procedures Manual. 8 46-11 Development of Public Property. 9 10 This County elects to prescribe to Article 7.5, of Chapter 5, of Part 2, of Division 2 of Title 3 t t of California Government Code for the sale, lease, lease with option to purchase, development, 12 or contract agreement entered into for vacant or partially vacant public real property owned or 13 leased by the County, regardless of the manner in which or the purpose for which the real 14 property was acquired, or the uses, if any, previously made of the property. The purpose thereof 15 is the development of said property, through joint venture with private enterprise, for 16 commercial, industrial and cultural uses when it aids the general economic well-being of the 17 County. 18 46-12 Atypical transactions. 19 In the event a department requires unanticipated services prior to negotiating and routing of a 20 21 typical expense contract, or a department requires a transaction that does not appear to be 22 covered in policy, departments shall seek direction from the General Services Department 23 utilizing the Request for Atypical Procurement Authorization Form. 24 A. Atypical due to urgency 25 The Chief Administrative Officer and Director, General Services may execute a letter 26 contract not to exceed a term of forty-five (45) days and a not to exceed amount of$25,000. 27 B. Atypical due to unclassified 28 R 1 The Director, General Services shall determine the appropriate action to complete the 2 transaction and shall not exceed the dollar authorities established in the Center-Led 3 Contracting/ Procurement Policies and Procedures Manual. 4 46-13 Definitions. 5 As used in this chapter,the following terms shall be ascribed the following meanings: 6 A. "Atypical due to urgency"means a condition that, unless addressed promptly, may result in 7 an interruption of services and that services may be required prior to the next available Board 8 of Supervisors meeting. 9 10 B. "Atypical due to unclassified"means any transaction that does not appear to be covered in 11 policy. 12 C. "Personal Services" and "Professional Services" means any labor of a specialized, short-term 13 or intermittent nature that may lawfully be performed by contract with private parties. 14 D. "Personal property" and "commodities" means materials, supplies or equipment and any 5 other tangible article required for the conduct of business of the county. 16 Section 2. 17 Severability. If any provision of this Chapter or the application thereof to any person or 18 circumstance is for any reason held to be invalid by a court of competent jurisdiction, such 19 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining 20 21 provision or other application of the Chapter which can be given effect without the invalid 22 provisions or application thereof. 23 Section 1 24 This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, 25 and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be 26 published once, with the names of the members of the Board of Supervisors voting for and 27 28 a I against the same in the Chico Enterprise-Record, a newspaper of general circulation published in 11 2 the County of Butte. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 12th day of April, 2016, by the following vote: 5 AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly 6 NOES: None 7 ABSENT: None 8 NOT VOTING: None 9 10 11 12 840.0 " 1,1111 11,1 lull Co nelly, Chair of 13 Butte County Board of Supervisors ATTEST: 14 Paul Hahn, Chief Administrative Officer and 15 Clerk of the Board/ 16 17 By: 18 D094•91,y7 19 20 21 22 23 24 25 26 27 28 1 1)