Chapter 17
PURCHASING SYSTEM
Sections:
17-1. Application and interpretation of chapter.
17-4. Purchase of budgeted supplies, services and equipment.
17-5. Purchases of unbudgeted supplies, equipment, and services.
17-7. Contractual services – Work-order contracts.
17-9. Unlawful purchases and contracts.
17-10. Local preference when acquiring services, equipment or supplies by purchase or contract.
For state law as to authority of counties to make purchases, etc., necessary to the exercise of their powers, see Gov. C.A., § 23004. For state law as to trade-in allowances, see Gov. C.A., §§ 25363 and 25504.
Prior legislation: Ords. 255, 445, 455, 513, 649 and 709.
17-1 Application and interpretation of chapter.
This chapter governs the purchase of supplies, equipment, and contractual services by the county of Colusa, and all “county agencies” as defined in this chapter, in accord with the Government Code and the Public Contracting Code. This chapter is not intended to conflict with state law, and shall be interpreted as supplementary thereto. (Ord. No. 767, § 1 (Exh. A)(part).)
17-2 Purchasing agent.
Pursuant to Government Code Sections 25500 et seq., there is hereby created the office of the county purchasing agent. The purchasing agent is appointed, and may be removed, by resolution of the county board of supervisors. The purchasing agent shall have all powers, duties and responsibilities prescribed by state law, subject to the provisions of this chapter. The purchasing agent may delegate all or portions of the agent’s duties to a designee. Additionally, the purchasing agent may, by policy, delegate certain purchasing agent authority to county agencies within specific prescribed limits and in accord with prescribed county policy. (Ord. No. 767, § 1 (Exh. A)(part).)
17-3 Definitions.
For the purposes of this chapter, the following words and phrases are defined as follows:
“Contractual services” means all telephone, gas, water, electric light and power services; the rental or lease of equipment and machinery; insurance; the services of attorneys, physicians, electricians, engineers, consultants, or other individuals or organizations; and all other types of agreements under which the contract provides services which are used by the county or county agencies, but not furnished by its own employees; provided, that “contractual services” does not include legal advertising.
“County agency” means any of the departments, offices, or other organization units of the county government, and any special districts whose affairs and funds are under the supervision and control of the county board of supervisors and for which the board of supervisors is the ex officio governing body.
“Emergency” means an unforeseen circumstance in which an immediate purchase is necessary to prevent, mitigate, or eliminate a substantial hazard to life, health or property, or a serious interruption of the operation of a county agency.
“Local bidder” means an organization or individual, who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, the county, and has a valid license to do business in the county.
“Supplies” and “equipment” mean any articles, materials or things which are furnished to, or used by, any county agency. (Ord. No. 767, § 1 (Exh. A)(part).)
17-4 Purchase of budgeted supplies, services and equipment.
(a) Each county agency is authorized to purchase budgeted supplies, services and equipment, including fixed assets, in amounts of one thousand five hundred dollars or less, so long as such purchases are made in conformity with the applicable provisions of this chapter and county purchasing policy.
(b) The purchasing agent is authorized to purchase budgeted supplies, services and equipment, including fixed assets, for the county in amounts of five thousand dollars or less, so long as such purchases are made in conformity with applicable provisions of this chapter and county purchasing policy.
(c) When the county has entered into a contract with a vendor to supply all the county’s requirements for specific supplies or equipment, county agencies are not authorized to separately purchase such supplies and equipment. (Ord. No. 767, § 1 (Exh. A)(part).)
17-5 Purchases of unbudgeted supplies, equipment, and services.
(a) County agencies may purchase unbudgeted supplies, services, and equipment, including fixed assets, in amounts of two hundred fifty dollars or less, so long as the purchases are made in conformity with this chapter and county purchasing policy, and there are sufficient funds within the agency budget to cover the entire cost of the purchase. This section shall not be interpreted or applied in a manner that would supersede policies which apply to intra-departmental budget transfers. If required or appropriate, intra-budget transfers must be approved before unbudgeted purchases are made.
(b) The purchasing agent may purchase unbudgeted supplies, services, and equipment including fixed assets, in amounts of one thousand dollars or less, so long as the purchases are made in conformity with the applicable provisions of this chapter and county purchasing policy, and there are sufficient funds in the appropriate section of the budget to cover the entire cost of the purchase. This section shall not be interpreted or applied in a manner that would supersede policies which apply to intra-departmental budget transfers. If required or appropriate, intra-budget transfers must be approved before unbudgeted purchases are made.
(c) If an emergency occurs at times other than regular business hours, and the services of the purchasing agent, or the purchasing agent’s designee, are not immediately available, emergency purchases may be made by a county agency. Any such purchase shall be made by written contract in the name of the county and approved by and executed on behalf of the county by the county agency. Each such emergency purchase shall be reported in writing to the purchasing agent as soon as possible, but in no event later than three calendar days following the date on which the purchase was made. Such report shall include a detailed explanation of the nature of the emergency, as well as the reasons necessitating the purchase. The purchasing agent will process emergency purchases pursuant to the provisions of the county purchasing policy. (Ord. No. 767, § 1 (Exh. A)(part).)
17-6 Purchases of supplies, services and equipment requiring prior approval of the purchasing agent or board of supervisors.
(a) Purchases of supplies, services and equipment from five thousand dollars to ten thousand dollars may be made by the purchasing agent. The purchasing agent may make such purchases following the receipt of bids solicited in a manner the purchasing agent deems appropriate.
(b) Purchases of supplies, services and equipment exceeding ten thousand dollars may be made by the board of supervisors. The board may make such purchases following the receipt of bids solicited in a manner the board deems appropriate.
(c) In all cases, the award shall be to the lowest responsible bidder. In determining the lowest responsible bidder, the purchasing agent or board of supervisors, whichever is appropriate, shall take into consideration the quality offered and its conformity with the specifications, the delivery and discount terms and conditions of the bid, and other information and data required to prove the bidder’s responsibility.
(d) The purchasing agent, subject to the level of authority granted under this section, and the board of supervisors may purchase supplies and equipment, without competitive bidding as provided for in Public Contract Code Section 10299(a), from vendors awarded contracts by the state of California.
(e) Notwithstanding any provision to the contrary, the county shall comply with bidding requirements mandated by the Public Contract Code for public projects and other public works as defined in the Public Contract Code. (Ord. No. 767, § 1 (Exh. A)(part).)
17-7 Contractual services – Work-order contracts.
(a) Requests by a county agency for budgeted contractual services shall be submitted to the purchasing agent pursuant to the terms of the county purchasing policy. If the contract is for ten thousand dollars or less, the purchasing agent may negotiate and execute the contract. If the contract exceeds ten thousand dollars, or is unbudgeted, the contract may be tentatively negotiated by the purchasing agent and shall be presented to the board of supervisors for approval.
(b) The board may award annual work-order contracts in amounts up to three million dollars each, following competitive bidding. Work-order contracts are to be for a term not to exceed twelve months and are limited to repair, remodeling, or other repetitive work, which is conducive to unit pricing. No work-order contract is to include new construction. It is intended that these work-order contracts will be in place for multiple work evolutions during their term and more than one may be in place using multiple contractors for any repetitive work evolution during the contracting period. Each work-order, or portion of a work-order, will be assigned by the purchasing agent on an as-needed and availability basis at a pre-established rate consistent with the respective contract terms and the bid, or bids, accepted.
(c) All contracts awarded under this section must be reviewed and approved as to form and legal sufficiency by county counsel prior to execution. (Ord. No. 767, § 1 (Exh. A)(part).)
17-8 Gratuities.
The acceptance of any gratuity in the form of cash, merchandise, or any other thing of value by an official or employee of the county from a vendor or contractor, or prospective vendor or contractor, shall be a cause for disciplinary action. (Ord. No. 767, § 1 (Exh. A)(part).)
17-9 Unlawful purchases and contracts.
Except as otherwise provided by law and this chapter, no purchase of supplies, equipment or contractual services shall be made in excess of the amount of the appropriations allowed by the county budget, or this chapter. All contracts shall be in writing and executed by the county officer with authority to bind the county, or their designee. The county is not subject to, and cannot enter into, an oral or implied contract. Any contract or purchase made in violation of this chapter is void. (Ord. No. 767, § 1 (Exh. A)(part).)
17-10 Local preference when acquiring services, equipment or supplies by purchase or contract.
(a) Whenever the purchasing agent or a county agency considers the purchase of supplies, equipment or services, in evaluating the price or bid for such services, equipment or supplies, the purchasing agent or county agency may award a five percent preference on the price, or bid, submitted by a local bidder.
(b) For purposes of this section, “preference” shall mean an amount, expressed in terms of a percentage, by which a bid or price may exceed the next lower submitted bid or price.
(c) This section shall not apply to transactions required by state or federal statutes or regulations to be awarded to the “lowest responsible bidder,” or otherwise exempted from local preferences (i.e., construction projects).
(d) Any person or business falsely claiming a preference under this section shall be ineligible to bid on county purchases or contracts for a period no less than one year from the date of discovery of the false representation. (Ord. No. 767, § 1 (Exh. A)(part).)
17-11 County highway work.
(a) Notwithstanding the foregoing sections, the county road commissioner, or a civil engineer under the direction of the county director of transportation, may do the following:
(1) Enter into contracts awarded to the lowest bidder, covering work and material, in an amount up to fifty thousand dollars, for any work upon a county highway as provided for in Section 20395 of the Public Contract Code.
(2) Purchase material for use upon a county highway in amounts up to fifty thousand dollars, without competitive bidding, but for the lowest possible cost.
(3) Purchase material for use upon a county highway and have related work done by day labor, without the need for competitive bidding, in amounts up to fifty thousand dollars.
(4) Execute changes or additions to a contract awarded under this section, or to a county highway work contract awarded by the board, in aggregate amounts not exceeding ten percent of the original contract price, or twenty-five thousand dollars, whichever is less.
(b) All purchases or contracts made under this section shall be done in conformity with Public Contract Code Section 20395, county purchasing policy and within the approved budget of the applicable department. Contracts made under this section shall be filed with the purchasing agent, the clerk of the board of supervisors and the county auditor within three business days following execution. Additionally, they must be reviewed and approved as to form and legal sufficiency by county counsel prior to execution. (Ord. No. 767, § 1 (Exh. A)(part).)