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. Uniform Public Construction Cost Accounting Act.
17-8. Contractual services – Work-order contracts.
17-10. Unlawful purchases and contracts.
17-11. Local preference when acquiring services, equipment or supplies by purchase or contract.
17-1 Application and interpretation of chapter.
This chapter governs the purchase of supplies, equipment, and contractual services by the county of Colusa in accordance 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.
Procurement activities governed by this chapter shall be conducted in accordance with the purchasing and procurement policy adopted by resolution of the board of supervisors, as amended from time to time. In the event of any conflict between this chapter and Policy 401, Purchasing and Procurement Policy, this chapter and applicable state law shall control. (Ord. No. 850 § 2 (Exh. A).)
17-2 Purchasing agent.
Pursuant to Government Code Section 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. The purchasing agent may, by policy adopted by resolution of the board of supervisors, delegate limited purchasing authority to county departments within prescribed limits, provided such delegation is consistent with this chapter and applicable law and does not expand authority beyond that granted by ordinance or statute. (Ord. No. 850 § 2 (Exh. A).)
17-3 Definitions.
Unless otherwise defined in this chapter, terms used herein shall have the meanings assigned in the purchasing and procurement policy.
“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 departments, but not furnished by its own employees; provided, that “contractual services” does not include legal advertising.
“County department” 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 department.
“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 department. (Ord. No. 850 § 2 (Exh. A).)
17-4 Purchase of budgeted supplies, services and equipment.
Purchases of budgeted supplies, services, and equipment shall be made in accordance with this chapter and the purchasing and procurement policy, provided sufficient appropriations have been authorized by the board of supervisors. (Ord. No. 850 § 2 (Exh. A).)
17-5 Purchases of unbudgeted supplies, equipment, and services.
Unbudgeted purchases of supplies, services, and equipment may be made only when sufficient funds are available within the applicable budget unit and in accordance with this chapter and the purchasing and procurement policy. Emergency purchases shall be made and reported in accordance with the purchasing and procurement policy. (Ord. No. 850 § 2 (Exh. A).)
17-6 Purchases of supplies, services and equipment requiring prior approval of the purchasing agent or board of supervisors.
Purchases of supplies, services, and equipment shall be approved by the purchasing agent or the board of supervisors in accordance with approval thresholds established by this chapter, applicable law, and the purchasing and procurement policy. Competitive solicitation, award determinations, and exemptions shall be conducted in accordance with the purchasing and procurement policy and applicable law. (Ord. No. 850 § 2 (Exh. A).)
17-7 Uniform Public Construction Cost Accounting Act.
(a) Pursuant to Public Contract Code Section 22030, the county hereby elects to become subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.).
(b) Public projects subject to the Uniform Public Construction Cost Accounting Act and within the limits established by Public Contract Code Section 22032, as amended from time to time, may be let to contract using informal bidding procedures in accordance with the Public Contract Code and the county’s purchasing and procurement policy.
(c) The County shall maintain a list of qualified contractors in accordance with Public Contract Code Section 22034. The administration and maintenance of the contractors list shall be governed by the purchasing and procurement policy. (Ord. No. 850 § 2 (Exh. A).)
17-8 Contractual services – Work-order contracts.
(a) Requests by a county department for budgeted contractual services shall be submitted to the purchasing agent pursuant to the terms of the purchasing and procurement policy.
(b) The board may award annual work-order contracts 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 preestablished 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. 850 § 2 (Exh. A).)
17-9 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 in accordance with applicable law and county policy. (Ord. No. 850 § 2 (Exh. A).)
17-10 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. 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 unauthorized and subject to corrective action as permitted by law. (Ord. No. 850 § 2 (Exh. A).)
17-11 Local preference when acquiring services, equipment or supplies by purchase or contract.
The board of supervisors may authorize the application of a local bidder or vendor preference when permitted by law. The percentage, eligibility criteria, documentation requirements, and enforcement provisions governing any local preference shall be established by the purchasing and procurement policy. (Ord. No. 850 § 2 (Exh. A).)
17-12 County highway work.
(a) Notwithstanding the foregoing sections, the county road commissioner, or a civil engineer under the direction of the county director of public works, may perform county highway work as authorized by the Public Contract Code.
(b) All purchases or contracts made under this section shall be done in conformity with Public Contract Code Section 20395, county purchasing and procurement 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. 850 § 2 (Exh. A).)