Chapter 17
PURCHASING SYSTEM
Sections:
17-1. Definitions.
17-2. Purpose and interpretation of chapter.
17-3. Purchases by agency without prior board approval.
17-4. Purchases by and with prior approval of board of supervisors; competitive bidding on purchases over five thousand dollars.
17-5. Contractual services.
17-6. Gratuities.
17-7. Unlawful purchases.
17-8. Local preference when acquiring services, equipment and/or supplies by purchase or contract.
17-9. Special provisions relating to the department of public works only.
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.
As to duty of county administrative officer as to purchasing, see § 2-30 of this code.
17-1 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Agency and using agency. “Agency” and “using agency” mean 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 board of supervisors and for which the board of supervisors is ex officio governing body.
Contractual services. “Contractual services” means all telephone, gas, water, electric light and power services; the rental of equipment and machinery; insurance; the services of attorneys, physicians, electricians, engineers, consultants, or other individuals or organizations possessing a high degree of technical skill; and all other types of agreements under which the contract provides services which are required by the county government but not furnished by its own employees; provided, that “contractual services” shall not include legal advertising, and purchase of space for legal advertising shall not be subject to the provisions of this chapter.
Local bidder. “Local bidder” means a firm or individual who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in the county.
Supplies and equipment. “Supplies” and “equipment” mean any articles, materials or things which shall be furnished to, or used by, any agency, but excluding services or materials furnished “in-kind” in lieu of cash to indigent persons. (Ord. No. 255, § 2.)
17-2 Purpose and interpretation of chapter.
The purpose of this chapter is to adopt policies and procedures governing purchases of supplies, equipment, and contractual services by the county, in accordance with Sections 54201 to 54204 of the Government Code. This chapter is not intended to conflict with any applicable provisions of state law, and shall be interpreted as supplementary thereto. (Ord. No. 255, § 1.)
17-3 Purchases by agency without prior board approval.
(a) The board of supervisors hereby authorizes each department head to purchase budgeted supplies and equipment for his or her department in amounts or estimated 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. The board of supervisors may rescind or modify this authorization by resolution.
(b) A department head may purchase unbudgeted equipment, including fixed assets, in amounts or estimated amounts of two hundred fifty dollars or less, so long as the purchases are made in conformity with the applicable provisions of this chapter and there are sufficient funds in the department budget to cover the entire cost of the purchase.
(c) Subject to approval of the board of supervisors, a department head may delegate to an assistant or deputy within the department his or her authority to purchase supplies and equipment as provided in this section.
(d) Each department head is responsible for making all such purchases at the most favorable price for the county, consistent with efficient operation. The department head shall, whenever possible, secure competitive quotations before making such purchases.
(e) When the board of supervisors has entered into a contract with a vendor to supply all the county’s requirements for specified supplies or equipment, county departments shall not have authority to purchase such supplies and equipment as provided in this section. (Ord. No. 255, § 3; Ord. No. 455, § 1; Ord. No. 513.)
17-4 Purchases by and with prior approval of board of supervisors; competitive bidding on purchases over five thousand dollars.
(a) Each department head shall submit to the board of supervisors requests for purchase of supplies and equipment in amounts or estimated amounts in excess of one thousand five hundred dollars.
(b) Purchase of supplies and equipment in amounts or estimated amounts between one thousand five hundred dollars and five thousand dollars may be made by a department head with the prior approval of the board of supervisors.
(c) If the amount of the expenditure is estimated to exceed five thousand dollars, bids shall be solicited by public notice, followed by an award by the board of supervisors, except where the board of supervisors makes a finding recorded in its minutes that competitive bidding would not be in the public interest. The method and extent of public notice shall be prescribed by the board of supervisors; provided, however, that notice to bidders shall be published in a newspaper of general circulation in the county of Colusa at least once a week for two weeks. The period of notice shall be no less than ten days.
(d) All bids shall be submitted sealed to the clerk of the board. The board of supervisors may reject any or all bids for any or all supplies and equipment. A tabulation of all bids received, whether accepted or rejected, shall be open for public inspection for a period of not less than thirty days after the bid opening.
(e) In all cases, the award shall be made by the board of supervisors to the lowest responsible bidder. In determining the lowest responsible bidder, the board of supervisors 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 his responsibility. However, price and quality being equal, preference may be given to responsible local bidders. (Ord. No. 255, § 4; Ord. No. 445, § 2.)
17-5 Contractual services.
Requests by a using agency for contractual services shall be submitted to the board of supervisors who may negotiate contracts for such services as it determines necessary. (Ord. No. 255, § 5.)
17-6 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. 255, § 6.)
For state law as to liability of officers for illegal claims, see Gov. C.A., § 24054.
17-7 Unlawful purchases.
Except as otherwise provided by law, no purchase of supplies, equipment or contractual services shall be made in excess of the amount of the appropriations allowed by the county budget. (Ord. No. 255, § 7.)
17-8 Local preference when acquiring services, equipment and/or supplies by purchase or contract.
(a) Whenever the county acquires contractual services as defined in section 17-5 and/or purchases supplies, equipment or services related thereto, the county in evaluating the price or bid for such services, equipment or supplies may award a five percent preference on the price or bid submitted by a local business.
(b) For purposes of this section, “local bidder” shall mean a firm or individual who regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in the county.
(c) 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.
(d) 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).
(e) 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 (1) year from the date of discovery of the false representation. (Ord. No. 649.)
17-9 Special provisions relating to the department of public works only.
(a) Notwithstanding the foregoing sections, the public works department may do the following:
(1) Enter into contracts covering both work and material for $25,000 or less without calling for bids as provided for in Section 20394 of the Public Contract Code. The board of supervisors has delegated the authority to award such contracts to the head of public works provided the amount of the contract is included within the department’s approved budget for the year and both the clerk of the board of supervisors and the county auditor are advised of the existence of the contract at the time it is entered into.
(2) May enter into job order contracts following competitive bidding in the manner provided for elsewhere in this chapter. Such job 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 and in accord with the intent of Public Contract Code Section 20108.5. No job order contract is to include new construction. It is intended these job order contracts will be in place for multiple job evolutions during their term and more than one may be in place from multiple contractors for any repetitive job evolution during the contracting period. Each job, or portion of a job, will be assigned by the department on an as-needed and availability basis at a pre-established rate consistent with the respective contract terms and the bid, or bids, accepted.
(b) Following the award of a master job order contract, the head of the department has been delegated by the board of supervisors to authorize a job order contractor to proceed with any work evolution which may be required from time to time under the terms of any job order contract. (Ord. No. 709.)