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Ordinance No. 4223
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER 46 OF THE
BUTTE COUNTY CODE ENTITLED, "PURCHASING"
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Chapter 46 of the Butte County Code is amended as follows:
46-1 Application of chapter.
The provisions of this chapter shall apply to the County of
Butte, a political subdivision of the State of California, as defined
in the Center -Led Contracting/ Procurement Policies and Procedures
Manual that sets forth the rules and regulations for the
administration of this chapter.
46-2 Purchasing agent.
Pursuant to California Government Code Section 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,
Sections 46-1 through 46-6. The Purchasing Agent may delegate all or
a portion of the duties to his/her designee.
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Pursuant to California Government Code Section 25500 et seq.,
the Chief Administrative Officer hereby delegates purchasing',
authority to the Director of General Services and to the Director of
Public Works and the Road Commissioner to fulfill all of the duties
and responsibilities as are prescribed by State law and this chapter,
Sections 46-1 through 46-6.
46-3 Purchasing policies and procedures.
The County may utilize the Center -Led Model of purchasing.
Purchasing rules, regulations and practices of the County, in
accordance with statute and the provisions of this chapter, shall be
assembled collectively into the Center -Led Contracting/ Procurement
Policies and Procedures Manual and the Butte County Public Works
Purchasing and Procurement Policy.
A. The Board of Supervisors shall adopt general and specific
policies and administrative procedures contained in the
Center -Led Contracting/ Procurement Policies and Procedures
Manual and the Butte County Public Works Purchasing and
Procurement Policy. All provisions of the general and
specific policies and administrative procedures shall be
subject to modification by the Board of Supervisors through
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the adoption of a resolution, and shall take effect
immediately thereafter.
B. The Chief Administrative Officer shall implement Board
polices through transactional procedures and desk
reference materials maintained by the Department of General
Services and the Department of Public Works.
C. The Center -Led Contracting/Procurement Policies and
Procedures Manual shall contain rules, regulations and
practices that require the Purchasing Agent to obtain
quotations by the use of formal or informal bids in
connection with the procurement of commodities, materials,
supplies, furnishings, equipment, livestock and other
personal property for which the Purchasing Agent is
authorized to purchase for the County and its offices.
D. The Purchasing Agent and his/her designee shall comply with
all of the rules, regulations and practices set forth in
the Center -Led Contracting/Procurement Policies and
Procedures Manual and the Butte County Public Works
Purchasing and Procurement Policy.
E. The Department of Public Works, the Director of Public
Works and the Road Commissioner shall be governed by the
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Butte County Public Works Purchasing and Procurement Policy
when fulfilling the duties and responsibilities as
prescribed by state law and this chapter. The authority
delegated to the Director of Public Works shall apply to
all funding sources under his/her jurisdiction. While the
Department of Public Works is not specifically governed by
the Center -Led Contracting/Procurement Policies and
Procedures Manual, the Department of Public Works may
reference the Center -Led Manual when fulfilling the
responsibilities and obligations of this chapter. In the
event the Department of Public Works requests assistance
from the Department of General Services to make purchases
or contracts on its behalf, the policies and procedures of
the Center -Led Contracting/Procurement Policies and
Procedures Manual shall apply.
46-4 Authority to purchase personal property and services.
Except as otherwise provided by law or this chapter, all
purchases of personal property and services, 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.
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The Purchasing Agent shall be authorized and is hereby required
to rent or make purchases of personal property for, and let contracts
by which independent contractors provide services to, the County,
County officers or departments, and using agencies upon issuance of
a purchase requisition.
The Purchasing Agent shall be authorized to contract with
persons specially trained, experienced, expert and competent to
perform special services for the County, County officers or
departments, or any district or court in the County which consists
of services, advice, education or training for said public entities
or employees thereof in the areas of financial, economic, accounting,
engineering, legal, medical, therapeutic, administrative,
architectural, airport or building security matters, and laundry or
linen services, and may include maintenance or custodial matters if
the location for provision of service is remote, within the monetary
limits provided in California Government Code.
The Purchasing Agent may delegate authority to County department
heads to make direct purchases by contract, credit card or open
account within specific prescribed limits as determined by the level
of certification in Center -Led Contracting/ Procurement Policies and
Procedures Manual.
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Deputy authority delegated from the Purchasing Agent shall be
in writing and shall be filed in the offices of the County Clerk -
Recorder, the County Auditor -Controller, the Department of General
Services, and the Department of Public Works; shall be at the sole
discretion of the Chief Administrative Officer; and shall be
contingent upon staff in that department acquiring and maintaining
certification in Center -Led Contracting/Procurement Policies and
Procedures Manual or the Butte County Public Works Purchasing
Procurement Policy with continuous demonstration of separation of
Iduties. Increasing levels of "tier" certification shall require
demonstrated competency in lower tier transactions and may require
additional training.
46-5 Public project bidding (informal bidding).
By Board of Supervisor resolution, this County has elected to
become subject to the procedures for public projects established
pursuant to the Uniform Public Construction Cost Accounting Act,
hereinafter referred to as the "Act", and has notified the State
Controller of such election. In compliance with said Act, this section
governs the selection of contractors to perform public projects
pursuant to said Act, otherwise known as informal bidding procedures.
All other work not exempted from informal bidding requirements shall
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be advertised and awarded in accordance with applicable provision of
State law and County policies and procedures as provided in the
Center -Led Contracting/ Procurement Policies and Procedures Manual and
the Butte County Public Works Purchasing Procurement Policy.
A. Delegation of Duties.
1. Pursuant to the Act, the Board of Supervisors
delegates the following duties to the Director of
Public Works and Road Commissioner for public
projects administered by the Department of Public
Works, 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 informal contracts and conduct
personal property procurement according to the
California Uniform Construction Cost Accounting
Commission Cost Accounting Policies and
Procedures Manual for public projects funded by
budget units managed under the Director of
Public Works or the Director of General
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Services, respectively, and for public projects
of other County departments which have engaged
the Purchasing Agent to manage the design and/or
construction of such projects; and
b. The Purchasing Agent, as awarding officer, shall
solicit bids and award informal contracts and
conduct personal property procurement according
to the California Uniform Construction Cost
Accounting Commission Cost Accounting Policies
and Procedures Manual for public projects not
covered by subsection A.1.a.
C. The Purchasing Agent, Director of Public Works
and Road Commissioner shall maintain a list of
qualified contractors, identified according to
categories of work. 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 to add new
names.
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B. Notice Inviting Informal Bids.
1. All contractors on the list for the category of work
being bid and/or all construction trade journals
specified in the Act, or any successor statute, shall
be mailed a notice inviting informal bids unless the
product or service is proprietary.
2. All mailing of notices to contractors and
construction trade journals pursuant to subsection
B.1., shall be completed not less than ten (10)
calendar days prior to the date that bids are due.
3. The notice inviting informal bids shall include a
project description in general terms, the time and
place for submission of bids, and direction on how to
obtain more detailed information on the project.
C. Award in Excess of Prescribed Limit. If all bids
received are in excess of the limit prescribed by
California Public Contract Code for informal
contracts, the Board of Supervisors may, by adoption
of a resolution by a four-fifths (4/s) vote, award the
contract for an amount not to exceed the limit
prescribed in California Public Contract Code to the
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lowest responsible bidder, if it determines the cost i
estimate was reasonable.
46-6 Architectural, engineering and related construction services.
The department shall follow a method of Qualifications --Based
Selection for professional consulting services involving
architectural, landscape architectural, engineering, environmental,
land surveying, or construction project management firms and related'
activities. To implement this method of selection, procedures and
limits of contracting authority are prescribed in the administrative
procedures section contained in the Center -Led
Contracting/Procurement Policies and Procedures Manual or the Butte
County Public Works Purchasing Procurement Policy. The procedures
assure that these professional consulting services are engaged on the
basis of demonstrated competence and qualifications for the types of
services to be performed at fair and reasonable prices, and shall
assure maximum participation of small business firms as defined in
California Government Code.
46-7 Purchasing for non -county public agencies.
The Purchasing Agent shall perform any or all of the services
provided for in this chapter, Sections 46--1 through 46-6, on behalf
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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:
1. Set forth competitive bidding limits, advertising
requirements and any other restrictions or
requirements specified by State law governing
purchases by the using agency; and
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 presently have and will not have in force
any other contract for like purchases; and
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d. Not have obtained and does not have under
consideration written bids or quotations from
other suppliers for like purchases.
B. finless 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 Center -Led
Contracting/Procurement Policies and Procedures 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. The County may charge the agency in question for the
services performed under this section.
46-8 Real property transactions.
The Chief Administrative Officer is vested with such powers,
duties and responsibilities as are prescribed by Sections 46--8 through
46-11 and those pertaining to real property contained in the Center -
Led Contracting/ Procurement Policies and Procedures Manual or the
Butte County Public Works Purchasing Procurement Policy. The Chief
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Administrative Officer may delegate all or a portion of these duties
to the Director of General Services and the Director of Public Works.
46-9 Real property management authority.
Except as otherwise provided by law or this chapter, all
transactions of real property, regardless of the source of funding
or revenue, shall be made in the name of the County of Butte, by
written contract, approved by and executed on behalf of the Board of
Supervisors.
Pursuant to California Government Code, the Chief Administrative
(Officer, or upon delegation, the Director of General Services and the
Director of Public Works shall perform any or all acts necessary to
approve and accept for the County the acquisition of real property
or any interest therein, subsequent to approval by the Board of
Supervisors. The procedures for the exercise of this authority shall
be contained in the Center -Led Contracting/ Procurement Policies and
Procedures Manual and the Butte County Public Works Purchasing
Procurement Policy, including establishment of the dollar limit for
said acquisitions. The Board of Supervisors may grant authority under
this section to the Chief Administrative Officer for a period not to
exceed five (5) years.
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The Chief Administrative Officer or designee, or any County
officer the Board of Supervisors deems appropriate by resolution, may
conduct the sale of real property belonging to the County pursuant
to California Government Code, according to the alternative
procedures set forth in the Center -Led Contracting/Procurement
Policies and Procedures Manual and the Butte County Public Works
Purchasing Procurement Policy.
The Chief Administrative Officer or designee, or any County
officer the Board of Supervisors deems appropriate by resolution, for
a period not to exceed five (5) years, may execute and amend leases
or licenses pursuant to California Government Code. The limitations
imposed for said authority is cited in the Center -Led
Contracting/Procurement Policies and Procedures Manual and the Butte
County Public Works Purchasing Procurement Policy.
45-10 Alternative procedure for sale, Lease or license.
There is hereby established a procedure alternative to that
required by the provisions of California Government Code, inclusive,
for the solicitation and notice of the sale, lease or license of any
real property belonging to, leased by, or licensed by the County. The
alternative procedure is set forth in the Center -Led
Contracting/Procurement Policies and Procedures Manual.
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146-11 Development of Public Property.
This County elects to prescribe to Article 7.5, of Chapter 5,
of Part 2, of Division 2 of Title 3 of California Government Code for
the sale, lease, lease with option to purchase, development, or
contract agreement entered into for vacant or partially vacant public
real property owned or leased by the County, regardless of the manner
in which or the purpose for which the real property was acquired, or
the uses, if any, previously made of the property. The purpose thereof
is the development of said property, through joint venture with
private enterprise, for commercial, industrial and cultural uses when
it aids the general economic well-being of the County.
46-12 Atypical transactions.
In the event a department other than the Department of Public
Works requires unanticipated services prior to negotiating and
routing of a typical expense contract, or a department requires a
transaction that does not appear to be covered in policy, departments
shall seek direction from the Department of General Services utilizing
the Request for Atypical Procurement Authorization Form.
A. Atypical Due to Urgency. The Chief Administrative Officer
and Director of General Services may execute a letter)
contract not to exceed a term of forty-five (45) days and
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a not to exceed amount of twenty-five thousand dollars
($25,000.00).
B. Atypical Due to Unclassified. The Director of General
Services shall determine the appropriate action to complete
the transaction and shall not exceed the dollar authorities
established in the Center -Led Contracting/Procurement
Policies and Procedures Manual.
In the event that the Department of Public Works requires
unanticipated services prior to negotiating and routing a typical
expense contract, urgent procurement, or requires a transaction that
does not appear to be covered in the policy, the Department of Public
Works shall utilize the Request for Atypical. Procurement
Authorization Form. The Director of Public Works shall determine the
appropriate action to complete the transaction and shall not exceed
the dollar authorities established in the Butte County Public Works
Purchasing and Procurement Policy.
46-13 Definitions.
As used in this chapter, the following terms shall be ascribed
the following meanings:
A. "Atypical_ due to urgency" means a condition that, unless
addressed promptly, may result in an interruption of
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services and that services may be required prior to the
next available Board of Supervisors meeting.
B. "Atypical due to unclassified" means any transaction that
does not appear to be covered in policy.
C. "Personal Services" and "Professional Services" means any
labor of a specialized, short-term or intermittent nature
that may lawfully be performed by contract with private
parties.
D. "Personal property" and "commodities" means materials,
supplies or equipment and any other tangible article
required for the conduct of business of the county.
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 other 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 to publish this
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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 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 10 day of January, 2023 by the following
vote:
AYES,: Supervisors Connelly, Durfee, Ritter, Teeter and Chair
Kimmelshue
NOES: None
ABSENT: None
ABSTAIN: None
But to
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
M
hue, Chi ir—
y Board of Supervisors