Chapter 2.32
PURCHASING AGENT AND PURCHASING

Sections:

2.32.010    Applicability.

2.32.020    Office established.

2.32.030    General duties.

2.32.040    Purchasing procedure.

2.32.050    Competitive bidding.

2.32.060    Application of general bidding requirements.

2.32.070    Bidding procedure.

2.32.080    Written contracts required.

2.32.090    Rejection of bids.

2.32.100    Tie bids.

2.32.110    Requests for proposals.

2.32.120    Disposal of surplus personal property.

Prior legislation: Ords. 637 and 557.

2.32.010 Applicability.

This chapter addresses the procurement of supplies, materials, equipment, products and services by the county of Alpine except those public projects, as defined by California Public Contract Code Section 22002, which are addressed in Chapter 2.18 of this code. (Ord. 693 § 1 (part), 2010)

2.32.020 Office established.

Pursuant to Section 25500 et seq. of the Government Code of the State of California and consistent with the provisions of Section 2.32.040 of this code, the office of purchasing agent is established. (Ord. 693 § 1 (part), 2010)

2.32.030 General duties.

The purchasing agent shall have the duties and powers prescribed by the laws of the state of California relating to county purchasing agents, by this chapter, and by resolutions of the board of supervisors. The purchasing agent shall be the head of the purchasing department of the county and shall establish policies and procedures to be utilized by the purchasing department. The purchasing agent may appoint the deputies, assistants, or other employees as, from time to time, shall be authorized, including the appointment of department heads and county officers as such deputies and assistants. Department heads so appointed may delegate the authority to one or more deputies, assistants or employees within the department by filing a written authorization with the purchasing agent and the auditor-controller. The purchasing agent shall give the board of supervisors and designated departments reports and information which the board of supervisors from time to time requires. (Ord. 693 § 1 (part), 2010)

2.32.040 Purchasing procedure.

A. All purchases, rentals, and contracts shall be written or confirmed in writing. The deputies and assistants appointed by the purchasing agent or department head may make purchases, order materials and supplies, and contract for services for the county of Alpine. The deputies and assistants shall follow the policies and procedures established by the purchasing agent including the use of forms developed as part of those policies and procedures.

B. The head of any county department is authorized to purchase and submit claim forms for completed purchases for their department only in accordance with current budget allocations. (Ord. 693 § 1 (part), 2010)

2.32.050 Competitive bidding.

A. Equipment, Products and Supplies. Except as otherwise provided by ordinance or general law, where the aggregate cost does not exceed ten thousand dollars, the purchasing agent, or other department head, may purchase, lease, or rent for the county of Alpine equipment, products, and supplies without notice, advertisement, or the securing of competitive bids or quotations. All computer software and hardware purchases must be approved by the purchasing agent. In exercising this authority, the purchasing agent or other department head shall take advantage of modern communications to obtain the lowest possible price, consistent with the needs of Alpine County, including, but not limited to, the use of the telephone, the Internet and email, and, when feasible, to use all reasonable means to solicit quotes or proposals from local vendors. Purchases, leases, or the rental of equipment and products where the aggregate cost exceeds ten thousand dollars, but does not exceed fifty thousand dollars, shall be subject to the requirements of requests for proposals as set forth in Section 2.32.110 of this chapter and shall require approval from the purchasing agent. Purchases, leases, or the rental of equipment and products where the aggregate cost exceeds fifty thousand dollars shall be subject to the requirements of notice, advertisement, and competitive bidding set forth in Section 2.32.070 of this chapter unless the board of supervisors, by a four-fifths vote, determines in each case that such a purchase may be made without such requirements. For the purposes of this section, approval of the contract for the purchase, lease or rental by the board of supervisors shall be deemed sufficient evidence of the board of supervisors having made such a finding. Monetary amounts listed above for either department head purchases or those purchases requiring the use of requests for proposals may be increased as deemed necessary by resolution of the board of supervisors.

B. Services. Except as otherwise provided by ordinance or general law, the purchasing agent or other department head may engage independent contractors, other agencies or organizations to perform services for the county and the offices thereof, with or without the furnishing of material, without notice, advertisement, or the securing of competitive bids or quotations where the aggregate cost does not exceed ten thousand dollars. Services in excess of ten thousand dollars but not exceeding fifty thousand dollars shall require approval from the purchasing agent. Services in excess of fifty thousand dollars shall require approval of the board of supervisors and be subject to the requirements of requests for proposals as set forth in Section 2.32.110 of this chapter, unless the board of supervisors, by a four-fifths vote, determines in each case that such a service may be obtained without such requirements. For the purposes of this section, approval of a contract for services by the board of supervisors shall be deemed sufficient evidence of the board of supervisors having made such a finding. Monetary amounts listed above for either department head purchases or those purchases requiring the use of requests for proposals may be increased as deemed necessary by resolution of the board of supervisors.

C. Architectural, Engineering, Environmental, Land Surveying and Construction Management Firms. If the professional services described in subsection B of this section are to be provided by private architectural, landscape architectural, engineering, environmental, land surveying and/or construction project management firms, the contract shall be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.

1. Selection of Consultants. Consultants shall be selected on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required.

a. The purchasing agent or the director of community development shall encourage consultants to submit periodic statements of qualifications, performance data and fee schedules. This information shall be used to identify those consultants who have the demonstrated competence and professional qualifications necessary for satisfactory performance of the types of services to be performed.

b. For each proposed project, the purchasing agent or the community development director shall evaluate current statements of qualifications and performance data on file with the county, together with those that may be submitted by other consultants regarding the proposed project, and shall conduct discussions with no less than two consultants (if available) regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and shall select based on this information the consultant deemed to be the most qualified.

c. The purchasing agent or the director of community development will attempt to negotiate a contract with the best qualified consultant at compensation which the director of community development determines to be a fair and reasonable compensation. If the purchasing agent or director of community development is unable to negotiate a satisfactory contract with the most qualified consultant, he/she may select another competent and qualified consultant to perform the services.

d. If the annual aggregate cost does not exceed the amount stated in Section 25502.3 of the California Government Code (fifty thousand dollars, adjusted annually by the CPI), the purchasing agent may engage independent contractors to perform services for the county and the offices thereof without the approval of the board of supervisors. If the aggregate cost is in excess of such amount, the agreement shall be submitted to the board of supervisors for approval.

2. County employees shall not engage in practices which might result in unlawful activity including, but not limited to, rebates, kickbacks or unlawful consideration. In addition, employees of the county of Alpine shall not participate in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter which would subject those employees to the prohibitions of Sections 1090 and 87100 of the Government Code.

3. Any consultant proposing to provide construction management services shall provide evidence that it and its personnel carrying out on-site responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. (Ord. 693 § 1 (part), 2010)

2.32.060 Application of general bidding requirements.

A. In those cases where competitive bidding for materials, supplies, equipment, products or services is required by statute, local rule or ordinance and in those cases in which it is determined that competitive bidding, although not mandatory, is nevertheless desired, the provisions hereinafter set forth shall apply unless an exception is made by the board of supervisors as the result of a specific application to the board for that purpose. For the purposes of this section, approval of the contract for the purchase, lease or rental by the Board of Supervisors shall be deemed sufficient evidence of the Board of Supervisors having made such a finding.

B. Bidding requirements in addition to those hereinafter set forth may be required in certain cases such as the disposal of surplus real property as contemplated by Government Code Section 54222 or surplus personal property pursuant to Government Code Section 25363. The rules hereinafter set forth, which are minimum requirements, are in addition to and not in lieu of all applicable state, federal, and Alpine County rules, regulations, policies and ordinances. This chapter applies to both purchases and sales by the county of Alpine. (Ord. 693 § 1 (part), 2010)

2.32.070 Bidding procedure.

For purchases requiring a formal bidding process, the following procedures shall be followed:

A. Notice Inviting Bids. The officer or employee conducting the bidding process shall prepare or direct the preparation of a notice inviting bids. The notice shall include a general description of the items to be purchased or the services to be provided and shall state where specifications may be secured as well as the date, time and place for opening bids. The notice shall also contain the language of Sections 2.32.090 and 2.32.100 of this code, verbatim. In addition, if the notice seeks architectural design services requiring an expenditure in excess of ten thousand dollars, the notice shall also include, in bold type, a disclosure that the contracting architect may be required to indemnify and hold harmless the county of Alpine against any and all liability, whether or not caused by the activity of the contracting architect.

1. Published Notice: The notice inviting bids shall be published at least ten days before the date of opening of the bids once in a newspaper of general circulation distributed in Alpine County.

2. Additional Notice. The officer or employee conducting the bidding process shall also solicit or direct the solicitation of sealed bids from responsible prospective suppliers including any who have made written requests that they be informed of the intent to purchase such equipment or products. A display advertisement of appropriate size in a local newspaper also shall be used when the purchasing agent determines that it is likely the general public will be interested in the subject matter of the notice.

3. Unit Prices. The notice inviting bids shall state that unit prices shall be shown on bids submitted as well as a total price for each item bid upon.

4. Contents. The notice inviting bids shall state that bids will be required to set forth the price of the items bid upon, the total sales and use taxes that will be due on the purchase or use of the items bid upon and a total figure for the price plus tax. Any difference between the tax shown on the bid as the total figure and that actually due shall be the responsibility of the bidder and the notice inviting bids shall so state.

5. Fees, Expenses and Extras. The notice inviting bids shall state that no charge for delivery, shipping, parcel post, packing, insurance, license fees, permits or for any other purpose will be paid by the County of Alpine unless expressly included and itemized in the bid.

6. Discounts. The notice inviting bids shall state that in connection with any discount offered, time will be computed from the date of delivery of supplies, equipment or product acceptable to the county of Alpine, or from the date correct invoices are received in the office of the officer or employee conducting the bidding process if the latter date is later than the date of delivery. Payment will be deemed to be made, for the purpose of earning the discount, on the date of the mailing of Alpine County’s warrant.

7. County Counsel Review. Prior to publishing the notice inviting bids or soliciting sealed bids, the officer or employee conducting the bidding process shall submit to the county counsel’s office for review and shall obtain approval of the notice inviting bids.

B. Bid Opening. Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the Alpine County board room, or at a location designated in the notice inviting formal bids, at the time stated in the public notice. The officer or employee conducting the bidding process shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period not less than fifteen calendar days after the bid opening. Bids and modifications or corrections thereof received after the closing time specified will not be considered.

C. Award of Bids. The officer or employee conducting the bidding procedure shall present the bid tabulation to the board of supervisors or its designee, for consideration and award, if deemed appropriate. The contract shall be awarded to the lowest responsible bidder. The board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. (Ord. 693 § 1 (part), 2010)

2.32.080 Written contracts required.

Purchases made pursuant to these bidding requirements shall be by written contract with the bidder chosen as a consequence of following these bidding procedures. (Ord. 693 § 1 (part), 2010)

2.32.090 Rejection of bids.

In its discretion, the Alpine County board of supervisors or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids. Similarly, the board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. (Ord. 693 § 1 (part), 2010)

2.32.100 Tie bids.

If two or more bids received are for the same total amount or unit price, quality and service being equal, the board of supervisors or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders. (Ord. 693 § 1 (part), 2010)

2.32.110 Requests for proposals.

When the cost of supplies, equipment, and products is in excess of ten thousand dollars but not more than fifty thousand dollars, those supplies, equipment, and products may be acquired by the purchasing agent, or other department head, with approval by the purchasing agent, by way of a request for proposals (RFP). Services in excess of fifty thousand dollars under Section 2.32.050(B) of this code are also subject to this RFP process. The specific procedural details of which shall be provided in the text of the request, wherein the county shall reserve the right to negotiate directly with any party responding thereto and may enter into a contract with any responding party regardless of any response including, but not limited to, price. Prior to publishing, the request for proposals shall be submitted to the county counsel’s office for review and approval. (Ord. 693 § 1 (part), 2010)

2.32.120 Disposal of surplus personal property.

Whenever any item of personal property is, in the opinion of the purchasing agent, surplus and no longer needed by the county, the purchasing agent may sell, by sealed bid or public auction, or otherwise dispose of such property and pay the proceeds to the county treasury. However, if the estimated value of such surplus property exceeds, in the opinion of the purchasing agent, the sum of ten thousand dollars, the purchasing agent shall first report such fact to the board of supervisors and obtain the board of supervisors’ approval prior to any disposition of such property. Pursuant to California Government Code Section 25504, this procedure is intended to be an alternative to the procedure set forth in California Government Code Section 25363. (Ord. 693 § 1 (part), 2010)