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PURCHASING ORDINANCE ~~ ` ~. ~ _~~
The BOARD OF SUPERVISORS of the COUNTY OF BUTTEa State of California,
DO ORDAIN AS FOLLOWSs
SECTION 1. Short Title. This drdinance shall be known and may be
cited as the "Purahaeing Ordinance of the County of Butte",
SECTION 2. Purooae, The purpose of this ordinance is to set forth
purchasing policies of the County of Butte, as required by Sections 54202 and
54243 of the Government code, State of California.
SECTION 3. Definitions, As used in this ordinances
A. "Supplies," "Materials" and '~Et;uipment" mean any and all articles
or things which shall be furnished to or used by any department, including
any and all printing, binding, or publication of stationery, forms, 1awa,
journals and reports, but excluding election supplies and services or
materials furnished "in kind" in lieu of cash to indigents,
B, "Contractual Services" means arty and all 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
agreements under which the contractor provides services which are rem
quired by the County Government but not furnished by its own employees.
C. "Bidders List" means a current file of sources of supply of
articles for each category of commodities repetitively purchased for
County use.
D. "Responsible Bid" means an offer, submitted by a responsible
bidder in ink or typewritten form, to furnish supplies, materials,
equipment or contractual services in conformity with the specifications,-
delivery terms and conditions, and other requirements included in the
invitation for bids.
E. "Responsible Bidder'" means a bidder who submits a responsible
bid; who has furnished, when requested, information and data to prove
that his financial resources, production or service facilities, service
reputation and experience are adequate to make satisfactory delivery
of the supplies, materials, equipment or contractual service on which
he bids; and w$o has not violated, or attempted to violate, any pro-
visions of this ordinance.
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SECTION 13.. Organization and General Duties. As provided by Ordinance
x.68 of the County of Butte, the County Administrative Officer as Purchasing Agent
shs~.l be responsible far the administration of the County's purchasing service.
Fie shall have the authority to appoint an Assistant Purchasing Agent and such
other employees as .may be provided by the budget and by the salary ordinances
FIe shall have the duties and powers prescribed by the laws of the State of
California relating to county purchasing agents and this ordinance. He shall
furnish the Board of Supervisors with suoh reports and information as the Board
may require and shall establish methods and prooedures necessary for the proper
functioning of the purchasing office in an efficient end economical manner.
SECTION 5. S aD oifi.c Duties, The Purohasing Agent shells
A, Purohase for the County and its offices all materials, supplies,
furnishings, equipment and other personal property of whatever kind and`'`'•~
nature except as may be limited by this ordinanceo EScoept'a.s may be
permitted by this ordinances no purchase by any person other than the.
purchasing agent shall be binding upon the County or constitute a lawful
charge against any County funds.
B. Rent for the County and its offices, furnishings, equipment and
other personal property, excepting however, i°oad equipment which the
Direotor of Public Works as Road Commissioner is authorized by law to
rent.
C, Negotiate and exeoute in the name of the County all equipment
service oontraots and lease purchase agreements of personal property.
D, Negotiate and execute i.n the name of the County as lessee, all
rentals of real property which the County may require.
E, Se11 any personal property belonging to the County and found by
the Board of Supervisors not to be required for public uses or he may
when purchasing personal property or contraoting for servioes, aoeept
advantageous trade--in allowanoes for suoh property not further required
for public use,
F, Engage independent contractors to perform contractual services
for the County and the offices thereof with or without the furnishing
of material where the aggregate cost does not exceed two thousand dollars
($2,000.00).'•Provided, however, this shall not apply to oontraots to do
work upon the public roads of the County, contracts to print legal briefs,
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or legal notices contracts for reporters° services or transcripts, con-
tracts for expert services to be rendered the offices of the District
Attorney, County Counsel or Sheriff, contracts for appraisers' services,
contraots for consultants and other experts employed directly by the
Board of Supervisors, or contraots for other services which by law some
other officer or body is specifically charged with obtaininga
G, Engage independent contractors to construct, repair or furnish
any building or structure enumerated in Section z545fl_of the Government
code of the State of California when the estimated cost thereof does
not exceed two thousand dollars ($2,OOOe00},
H, Perform such other services se the Board of Supervisors may
require,
SECTION b, EmerPenev Purehaseso Emergency purchases may be made
by the Purchasing Agent or by a Department Head if the Purchasing Agent or
any of his assistants authorized to make purchases is not immediately avail-
able and the item or items to be purchased are immediately necessary for the
continued operation of the department or for the preservation of life and
property, Such emergency purchases shall be subsequently approved and con-
firmed by the Purchasing Agento If he refuses such confirmation, the Board
of Supervisors may subsequently approve and confirm such purchases Unless
such purchases are so approved and confirmed by either the Purchasing Agent
or the Board of Supervisors, the costs thereof shall not constitute a legal
charge against the Gounty,
SECTION 7e Other Purchases bg Devartmentsa The County Purchasing
Agent may authorize a department to purchase materials, supplies or services
where such purchases are under contract, or where purchases can be made more
expeditiously than by requisition to the Purchasing Agents Stitch purchases
shall be made only by the use of forms prescribed by the County Purchasing
Agent and according to rules and regulations approved by himo"
SECTTON $, Revolving k~.~nd, There is hereby established from the
unappropriated funds of the County a Revolving Ftiind in such an amount as the
hoard of Supervisors may Prom time to time by resolution establish, such fund
to be known as the Purchasing Agentos Revolving Fundo The Purchasing Agent
may purchase supplies, materials and equipment in quantity to be issued to
the several offices and departmepta of the County as needed and shall make
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payments therefor out of the fa.nds of such Revolving Fund, As such supplies,
materials, and equipment are issued to an office or department, the fund shall
be reimbursed from the budgeted funds of the requisitioning department, The
Auditor shall certify availability of funds in the appropriate budget account
of the department before such issues are made,
SECTION 9, Requisitions and Estimates, Except as to purchases from
the Revolving Fund, all purchases, rentals and contracts shall be made only
upon proper written requisition, the form of which shall be supplied by the
Purchasing Agent to the several offices of the Countyo The head of any County
office, department or institution or his duly designat®d assistant is hereby
authorized to draw requisitions for purchases for suoh office, department or
institution „ Such department head may delegate such authority to one or more
of his deputies, assistants or employees within the department by filing a
written authorization therefor with the Purchasing Agent and the Auditor, A7.1
using agencies of the County shall file with the Purchasing Agent detailed es-~
timates of their requirements for supplies, materials, equipment and services in
such manner and at suoh times and for suoh future periods as the Purchasing Agent
shall prescribe, This shall not prevent any using agency from filing with the
Purchasing Agent at any time a requisition for supplies, materials, equipment or
services, the need for which was not foreseen when the detailed estimates were
filed,
SECTION IOs Bfd Reguirementsa Zt is the policy of the County of
Butte that wherever possible purchases of and contraots for supplies, materials,
and equipment shall be based on competitive responsible bidso If the amount
of any purchase of machinery or equipment exceeds an estimated $2,000, or if
bids are solicited for supplies on an annual basis9 the bids shall be opened
and awarded by the Board of Supervisorsa For the purchase of machinery, equipm
ment, other personal property, or services costing less than X2,000 or foz°
materials and supplies not purchased on the basis of an annual contract, the
Purchasing Agent shall endeavor to obtain bids or quotations to the extent
feasible before signing any purchase order or oontraot,
SECTION lle Bidding Procedures, The County Purchasing Agent shall
solicit sealed bids from all responsible prospective suppliers who bane rer
quested in writing that their names be placedlon,the bidders list, Notices
inviting sealed bids may be adveptised, Such notices shall include a general
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description of the articles to be purchased or sold, state where bid blanks and
specifications way be secured and the time and place for the opening of bids.
Bids shall be submitted to the Clerk of the Board of Supervisors or to the Pur-
chasing Agent acoording to the provisions of Section 10 of this ordinance. Bids
shall be opened at the time and place stated in the newspaper notice or bid form.
The Board of Supervisors or the Purchasing Agent, as the ease may be, may reheat
any or all bids when the public interest will be served thereby, The purchase
order or aontraat shall be awarded to the lowest responsible bidder; provided
however, quality offered, delivery terms, and service reputation of the bidder
may be taken into consideration in determining the lowest responsibl®, or
successful bidder, All contracts shall be approved as to form by the County
Counsel,
SECTION ].2. Enoumbrance ~f F'unda, Exoept in caeca of emergency, the
County Purchasing Agent shall issue no purchase order until the County Auditor
has certified that there is to the credit of each of the using e.genoiea eon-
eerned a sufficient unencumbered appropriation balance in exoese of all unpaid
obligations to defray the amount of such order.
SECTION 13. Disposition of surplus property. Notices of sales of
surplus personal property sha11 be posted for not less than five (5) business
days preceeding the day of sale in the County Courthouse and in the office of
the Purchasing Agent, and in such other public place within the County as the
Purchasing Agent may deem advisable, On approval of the Board of Supervisors,
the Purchasing Agent may purchase advertising space and may advertise the
proposed sale or other disposition of the personal property in such newspapers,
magazines and other periodicals as in his judgment will best publicize the
proposed sale or other disposition to those persons most likely to bid for cr
purchase the personal property, ~ ~~r(
b artmeh~ receiving
SECTION 1/~. Inspection. The ~~ shall inspect and
the County Purchasing Agent may inspect all deliveries of supplies, materials,
equipment or contractual servioes to determine their conformance with specifi-
cations set forth in the order or contract, The Purohasing Agent may require
chemical and physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and conformance with
specifications. In the performance of suoh tests, the Purchasing Agent-shall
have authority to make use of laboratory facilities of any agenoy of the County
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government or any outside laboratox°y.
SECTION•?15. Sur us stoeko 1111 departments sha11 submit to the
Purchasing Agent at such times and in suoh forms as he shall prescribe, reports
showing stooks of all suppliea, materials, and equipment whioh are no longer
used or which have become obsolete, worn out or scrap, The Purchasing Agent
may transfer such. stook to another department whioh has a need far and can use
it,
SECTION l6. Standards Committees. The Purchasing Agent may organize
'!Standards Committees" as needed to establish standards with respect to the
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type, design, quality or brand of a certain article or group of related articles
or services purchased by the County, The membership of the committee shall be
the Purchasing Agent, or Assistant Purchasing Agent, who shall be chairman, and
the heads of each County office, department or institution that is a primary
user of the item or group of items for which the committee is appointed. Axe
member of the committee may act through a representative appointed by himo
This Ordinance shall be in full force and effect fram and after thirty (30)
days after the date of its passage and before the expiration of fifteen (15) days
after its passagte,this Ordinance shall be published once with the names of the
members voting for and against it in the PARADISE POST, a newspaper of general cir-~
culation published in the County of ° Butte, State of California.
PASSID AND ADOPPED by the Board of Supervisors of the County of Butte, State
of California, at a regular meeting of said Board on the.~$th day of April, 1958
by the following vote:
AYES: Supervisors Black, I3uggins, Kepple, Pryde and Chairman Alexander.
NOES: None
ABSII~: None
ATTEST: HARRIETT JAMES, Butte County
Clerk ex-officio Clerk of the
Board •o rs _
~ 1
Deputy Clerk
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Chairman. of the Board of
Supervisors of the County
of Butte, State of California