Calaveras County Municipal Code Ch. 3.28 Purchasing System

Footnotes:

--- (6) ---

State Law reference— For statutory provisions on purchasing agents, see Gov. Code § 25500 et seq.; for provisions on purchases by counties, see Gov. Code § 54201 et seq.

The purpose of this chapter is to establish the office of purchasing agent and secure for the taxpayers the advantages and economies which will result from centralized control over the expenditures of county funds for supplies, materials, equipment and contractual services; the application of modern, business-like methods to such expenditures; and better utilization of the articles procured at public expense. Nothing in this chapter is intended to create, nor shall it create, any rights in bidders or vendors.

It is also the goal of this chapter that all persons who deal with the procurement system of the county receive fair and equitable treatment.

The office of the purchasing agent is responsible to promote a system of standardization throughout the county for various items, i.e., computers, printers, copiers, business cards and common services needed by all county departments.

(Ord. 2871 § 1, 2006: Ord. 1844 § 1, 1986: Ord. 715 § 100, 1974).

For the purposes of this chapter:

"Agency" means any of the departments, offices or other organizational units of county government and any special district whose affairs and funds are under the supervision and control of the board of supervisors and of which the board of supervisors is ex officio the governing body.

"Bid" means an offer, as a price quotation, specifically given to the county upon its request or invitation to bid, usually in competition with other vendors.

"Bidder's list" means a current file of sources of supply of articles for each category of commodities purchased for county use.

"Contractual services" means any and all telephone, gas, water, electric light and power services, the rental of equipment and machinery, and all types of professional and specialized service agreements under which the contractor provides services required by the county but not furnished by its own officers or employees.

"Department" means any of the officers, departments or other organizational units of county government.

"Department head" means the officer in charge of a department or agency.

"Formal bid" means a written bid, secured by the purchasing agent for the county by advertising, delivered to the county administrative office in a sealed envelope and opened publicly at a specified time and date, for purchases and contracts in excess of fifty thousand dollars, excluding public projects, as defined under Section 3.29.024 of this title and as may otherwise be stipulated by state or federal laws, regulations or policy, including, but not limited to, California Government Code Section 4525 et seq.

"Informal bid" means a bid secured by the purchasing office, such as a fax, email, telephone quotation, or mail, and referred to the purchasing agent for selection.

"Local bidder" means a business with a county or city business license, fixed place of business within the county at least six months prior to the issuance of the formal bid, and who lists Calaveras County as a point of sale for sales tax purposes. Post office boxes do not qualify as a verifiable local business address.

"Personalty" means personal property other than real estate.

"Responsible bidder" means a bidder who submits a bid for satisfactory delivery of supplies, materials, equipment or contractual services; who has furnished, when requested, information and data proving that his or her financial resources, production or service facilities, service reputation and experience will best meet county needs; and who has not violated or attempted to violate any provisions of this chapter.

(Ord. 2871 § 2, 2006: Ord. 1844 § 2(part), 1986; Ord. 715 § 300, 1974).

Pursuant to the provisions of Section 25500 of the Government Code, the office of purchasing agent of the county is established. The purchasing agent shall:

A. Have the duties and powers prescribed by the laws of the state relating to county purchasing agents, this code, and the resolutions and orders of the board of supervisors;

B. Be the county administrative officer for the county of Calaveras, and the duties may be delegated to another county employee, as provided for under Government Code Section 25500;

C. Furnish the board of supervisors with such reports and information as the board may require;

D. Establish methods and procedures for the efficient and economical functioning of the office of purchasing agent;

E. Review and, if appropriate, approve department specifications for goods or services to be purchased. Should the purchasing agent disagree with a department's specifications, the department head may appeal the purchasing agent's decision to the board of supervisors.

(Ord. 2871 § 3, 2006: Ord. 1844 § 3, 1986: Ord. 715 § 200, 1974).

A. The purchasing agent shall devise procedures for the county and its departments to purchase all materials, supplies, furnishings, equipment, livestock and other personal property. Unless otherwise required by law, department heads, at their discretion, may purchase personalty of a cost up to ten thousand dollars by informal bid, without bid, or in any other manner which best serves the interests of the county. All contracts for purchase of personalty in excess of ten thousand dollars must have the prior approval of the purchasing agent.

All contracts for purchase of personalty in excess of fifty thousand dollars shall be approved by order of the board of supervisors. The purchasing agent may authorize departments to directly purchase personalty subject to the limitations of the purchasing agent's powers.

B. Capital assets must be purchased by purchase order. Prior to the purchase of capital assets, the board of supervisors shall approve the purchase through the annual budget process or through resolution during the fiscal year. The department head must verify that funding in the department's budget is available prior to any purchase. Equipment with a minimum value of ten thousand dollars and a useful life of one year or longer shall be considered a capital asset.

(Ord. 2871 § 4, 2006: Ord. 2686 § 1, 2002; Ord. 2254 § 1, 1992; Ord. 1844 § 4(part), 1986).

The purchasing agent shall rent for the county and its departments all personalty with the exception of road equipment and machinery which the road commissioner of the county is authorized by law to rent for county use. Any lease or lease purchase of personalty must be reviewed by the debt advisory committee and must be approved by the board of supervisors.

(Ord. 2871 § 5, 2006: Ord. 1844 § 4(part), 1986).

The purchasing agent shall sell any personalty belonging to the county and found by the board of supervisors not to be required for public use. The purchasing agent may, when purchasing personalty, accept advantageous trade-in allowances for such property.

(Ord. 2871 § 6, 2006: Ord. 1844 § 4(part), 1986).

The purchasing agent may transfer capital assets from one department to another. Such transfer shall be made only with approval of the department heads of both the donating and the receiving departments. The required "capital asset processing" form must be completed and a copy forwarded to the auditor-controller.

(Ord. 2871 § 7, 2006: Ord. 1844 § 4(part), 1986).

A. Except as otherwise required by law, the purchasing agent shall engage independent contractors to perform services for the county and its departments when the aggregate cost does not exceed fifty thousand dollars. All contracts for services in excess of ten thousand dollars must have the prior approval of the purchasing agent. All contracts for services in excess of fifty thousand dollars shall be approved by the board of supervisors. The following services may be engaged directly by the department head, without written contract, if the amount does not exceed ten thousand dollars:

1. Printing of legal briefs or legal notices;

2. Court reporter services or the preparation of transcripts of evidence;

3. Services from public utilities;

4. Expert services to be rendered to the office of district attorney, county counsel, or sheriff;

5. Appraiser services;

6. Consultants and other experts;

7. Hospitals or treatment/rehabilitation facilities;

8. Contracts for insurance;

9. Other services which are exempt by law, or exempt by order of the board of supervisors.

B. The purchasing agent may authorize departments to directly enter into service contracts other than those listed in subsection A of this section.

C. All contracts for services in excess of the amount set forth in Government Code Section 25502.3 shall be approved by order of the board of supervisors. Unless otherwise required by law, contracts for services under this section may be let by formal bid, informal bids, requests for proposals without bids, or in any other manner deemed by the purchasing agent, department head, or board of supervisors to best serve the county's interest in economy and efficiency.

D. All contracts for services shall be written and shall be signed by the contractor unless otherwise authorized by the board of supervisors or county counsel. All contracts for services must be reviewed and approved by the county counsel.

(Ord. 2871 § 8, 2006: Ord. 2254 § 2, 1992; Ord. 1844 § 4(part), 1986).

When required by a vendor, the purchasing agent may purchase by prepayment goods or services with a cost of no more than two thousand dollars or may authorize department heads to do so. Budgeted capital assets requiring a deposit prior to purchase shall be approved for a prepayment up to ten percent of the invoice. Upon receipt of purchase order and confirmation of available funding, the auditor-controller shall issue a warrant for prepayment.

(Ord. 2871 § 9, 2006: Ord. 1844 § 4(part), 1986).

A. Leases. The purchasing agent shall negotiate, review and approve all leases of real property with the assistance of affected departments. Prior to execution, all lease agreements for real property shall be reviewed and approved by county counsel.

B. Sale and Purchase. With the assistance of affected departments, the purchasing agent and county counsel shall negotiate, review and otherwise oversee all sales, purchases, and transfers of real property by the county with the exception of road rights-of-way, which shall be the responsibility of the public works department and county counsel.

C. Board Approval. No sale, lease, purchase or transfer of real property may be made without board of supervisors' approval for purchases greater than $25,000.00.

D. Pursuant to the provisions of Government Code § 25350.60 and subject to the procedures specified in this section, the director of public works is hereby authorized to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property where the purchase price for such interest does not exceed $25,000.00.

E. The director of public works may approve and accept the acquisition of any interest in real property only if funds have been appropriated by the board of supervisors for the acquisition and such acquisition:

1. Is in furtherance of a project which the board of supervisors has previously determined to undertake; or

2. Is in furtherance of a project undertaken by the director of public works.

F. In acting pursuant to this section, the director of public works shall comply with all applicable laws pertaining to the acquisition of the property as otherwise apply to board action, including but not limited to: notice to the property owner(s), determination of fair market value or appraisal of the subject real property, offer to purchase, recordation of deed(s), submittal to appropriate planning agency in accordance with Government Code § 65402 and environmental assessment and review pursuant to NEPA or CEQA, as may be appropriate.

G. Upon acceptance of any deed or grant the director of public works shall promptly execute a certificate of acceptance substantially in the form specified in Government Code § 27281 and shall transmit same to the county recorder for recording.

H. The director of public works or their designee shall inform the board of supervisors of its intent to acquire interest in real property prior to offer issuance.

I. Nothing in this grant of authority shall divest the board of supervisors of its authority to acquire interests in real property.

J. Where the interest in real property is conveyed to the county in conjunction with approval of a development or land use project or the issuance of a building permit, the director of public works is authorized to accept the grant deed(s) or easement deed(s) on behalf of the county. Interests in real property include, but are not limited to, deeds for road right-of-way, public utility, slope, no access, and/or drainage.

K. The director of public works may delegate the authority granted by this section to appropriate department of public works staff under the director's direction and control. Thereafter, or until revoked, such subordinate may exercise any and all authority delegated by the board of supervisors to the director in these sections.

L. Pursuant to the provisions of Government Code § 25350.60(c), the authority granted to the director of public works in this section shall not be effective for more than five years from the date of adoption of the ordinance codified in this section. Any renewal of authority shall expire five years from the effective date of the ordinance granting such renewal.

(Ord. 2871 § 10, 2006: Ord. 1844 § 4(part), 1986).

(Ord. No. 3142, 8-25-2020; Ord. No. 3221, § 5, 10-14-2025)

Any federally funded transaction which equals or exceeds a sum of twenty-five thousand dollars or any lessor amount which includes a subrecipient shall require that the county verify that no parties involved in the transaction have been suspended or debarred. This verification shall be accomplished through the use of the government online service website "Excluded Parties List System" or by having the vendor/subrecipient sign a statement under penalty of perjury that they are not suspended or debarred.

http://www.epls.gov.

(Ord. No. 2954, 8-19-2008).

A. Requisitions. All purchase orders shall be issued only upon proper written requisition.

B. Budgeting of Funds. No purchase order shall be issued until the purchasing agent has insured through the department head that sufficient money is available in the proper budgeted fund of the requisitioning department to pay for the purchase.

C. Delegation of Purchasing Duties. The purchasing agent may, and where legally required to do so shall, authorize in writing any department to purchase or contract specified classes of supplies, materials, equipment or contractual services, independently of the county purchasing agent's office; but such purchase of contracts shall be made in conformity with the applicable provisions of this chapter. The purchasing agent may also rescind such authorization to purchase independently by written notice to the department, unless otherwise prohibited by law.

D. Emergency Purchases. Emergency purchases may be made by any person or official authorized to sign requisitions when the purchasing agent or authorized representative is not immediately available and the item or items so purchased are immediately necessary for the continued operation of the agency or department involved or are immediately necessary for preservation of health, life or property. Such emergency purchases exceeding ten thousand dollars shall be subsequently confirmed by the purchasing agent or, if he or she refuses such confirmation, the board of supervisors may subsequently approve and confirm such purchases by a majority vote of the members present at any regular meeting. Unless such purchases are so approved and confirmed by either the purchasing agent or the board of supervisors, the costs thereof shall not constitute legal charges against the county.

E. Purchase of Contract Items by the Board. When deemed advisable, the board of supervisors may contract with one person or firm to supply all the needs of the county, or specified department or departments thereof, for designated items for a stated period of time, not to exceed a maximum of five years. After this time period, such services shall be competitively bid. When entering into such a contract, the board of supervisors shall follow the procedures set forth in Section 3.28.060 of this chapter or such other procedure as they may determine.

F. Inspection of Delivered Purchases. Department heads receiving merchandise deliveries from a vendor shall be responsible to inspect such merchandise without delay and report to the purchasing agent any deficiencies, deviations from purchase order specifications, or damage in shipment. The receiving department head may request the assistance of the purchasing agent in making such inspections.

(Ord. 2871 § 12, 2006: Ord. 1844 § 2(part), 1986; Ord. 722 § 1, 1974; Ord. 715 § 500, 1974).

If formal bidding for purchase of personalty or services is required by law or elected to be used in the discretion of the purchasing agent or board of supervisors, the procedure for such bidding may be as follows:

A. Initiating Steps. The board of supervisors or purchasing agent may initiate the procedure by adopting specifications for the items to be furnished, and by fixing a time and place for opening bids.

B. Call for Bids. The purchasing agent shall publish a call for formal bids stating the general nature of the items to be supplied, that specifications are available at the office of the purchasing agent, that sealed bids will be received by the purchasing agent prior to the time for opening bids, and the date, time and place that bids will be opened.

C. Method of Publication. The call for bids shall be published in two successive issues of a newspaper of general circulation in the county; the first publication shall be at least ten days prior to the date fixed for opening bids. All advertising shall be in the legal notices section of the newspaper of the county's official designation.

D. Opening Bids. At the time fixed for opening bids, the purchasing agent shall publicly open the bids received and announce the name of each bidder. The purchasing agent shall return unopened any bid received after the time fixed for opening bids with the notation that the bid was filed too late. The purchasing agent shall review the bids, compute and determine the lowest responsible bidder and prepare a summary report and recommendation on bid award to the requesting department to prepare the agenda item for the board of supervisors if required by established limits, and submit such report and recommendation to the board at the next regular meeting thereof.

E. Awarding or Rejecting Formal Bids.

1. Upon presentation of the summary report and recommendation on bid award, the board of supervisors shall consider the bids received and shall either:

a. Reject all bids;

b. Award the contract to the lowest responsible bidder;

c. Continue the matter until the next regular meeting or at such date as the board may determine, but not to exceed forty-five days.

2. The board of supervisors shall also consider the quality of the services or items offered and their conformity to the specifications, transportation charges, delivery, discount terms and conditions attached to the bid, and any other information required to prove the bidder's responsibility.

3. In the event no bids are received, the board of supervisors may direct the purchasing agent to negotiate with any responsible person to supply or perform the subject matter of the bid and present a proposal for board approval.

F. Executing Contract. After awarding the bid, and before performance by the successful bidder, a written contract shall be executed by the board of supervisors on behalf of the county and the successful bidder, as deemed appropriate by circumstances. As a general rule, the county purchase order form shall serve as a contract with the successful bidder, providing all preceding steps on award of bids have been observed and the official minutes of the board of supervisors reflect the action taken by the board.

G. Disclosure of Bids Prior to Opening. Any disclosure or acquisition by a competitive bidder of the contents of any bid, prior to the opening of the bid, shall render proceedings void.

H. The bidding procedures set forth in this section are intended to be used as guidelines. Failure to conform with the provisions of this section, excluding subsection G, shall not invalidate contracts for services or purchases if the procedures followed otherwise conform to law.

(Ord. 2871 § 13, 2006: Ord. 1844 § 5, 1986: Ord. 715 § 600, 1974).

In the sale of any capital asset belonging to the county and found by the board of supervisors not to be required for public use, as authorized in Section 3.28.034 of this chapter, the purchasing agent may, after determination of surplus of items by the board of supervisors, sell, lease or donate used personalty belonging to the county, to a city or any special district upon terms and conditions fixed by the board of supervisors of the county, and such sale or lease may be made without advertisement for or receipt of bids or compliance with other provisions of law or this chapter.

(Ord. 2871 § 15, 2006: Ord. 754 § 1, 1975: Ord. 715 § 900, 1974).

Small equipment, not included on the capital asset list and determined by the department head to have no or low value, may be sold or donated to any governmental entity or nonprofit organization located and doing business in the county of Calaveras. The department head will require and must receive a letter from the receiving agency and deliver such letter to the purchasing agent. Small equipment having no value or beyond repair shall be disposed of at the appropriate facilities.

(Ord. 2871 § 16, 2006: Ord. 715 § 1000, 1974).

The location of purchasing records and regulations developed pursuant to the provisions of this chapter shall be in the office of the purchasing agent.

(Ord. 2871 § 17, 2006: Ord. 715 § 1100, 1974).

If any department or agency purchases or contracts for any supplies, materials, equipment or contractual services contrary to the provisions of this chapter, such purchase or contract shall be void and of no effect. The department head making such purchase transaction shall be personally liable for the amount of such purchase or contract, and if already paid out of county funds, the amount thereof may be recovered in the name of the county in an appropriate action.

(Ord. 2871 § 18(part), 2006: Ord. 715 § 1200, 1974).

Nothing in this chapter is intended to or shall be construed to give any vendor or contractor for services any legal or equitable right, remedy or claim.

(Ord. 2871 § 18(part), 2006: Ord. 1844 § 7, 1986).

Whenever the county acquires services, equipment and/or supplies by purchase or contract, the county, in evaluating the price or bid for such services, equipment or supplies, shall award a three percent preference on the price or bid submitted by a local business. 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. 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. This section shall not apply to vehicle purchases.

(Ord. 2871 § 19, 2006).

Piggybacking may be used when the bid has been completed and awarded by another agency. The original bid documents must include a clause that asks the bidder to agree "to extend the contract price to other agencies." The source piggyback bid should be less than six months old. In addition, the bid must be the result of a competitive bid or negotiation and be in compliance with the competitive bid or proposal requirements of any particular entity or organization. California Multiple Award Schedule (CMAS) contracts shall be valid for the period defined by the state.

(Ord. 2871 § 20, 2006).

Requests for the following items must be approved by the department or agency listed in this section before forwarding requisitions to the purchasing agent.

(Ord. 2871 § 21, 2006).

A department making an unauthorized purchase may be required to appear before the board of supervisors to obtain a four-fifths vote for approval of such expenditure. An unauthorized purchase may include any of the following:

A. An obvious circumvention of delegated purchasing authority or the purchase of items specifically identified as exempt from delegated purchasing (e.g., construction activity, computers, capital assets);

B. Any purchase for personal use.

(Ord. 2871 § 22, 2006).

Upon discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the transaction involved. County counsel should be consulted for an opinion whenever there is even an appearance of conflict.

(Ord. 2871 § 23, 2006).

All routine purchases and/or services necessary to maintain normal operations of a department shall be authorized by the department head, up to the delegated limit of their authority as described in Section 3.28.032 of this chapter, and shall be paid directly by the auditor-controller without the approval of the purchasing agent.

(Ord. 2871 § 24, 2006).

Departments are forbidden to artificially divide purchase requisitions to circumvent any competitive bidding requirement. In addition, no department or employee shall draft or cause to be drafted any specifications in such a manner as to limit the bidding directly or indirectly to any one specific contractor, or any specific brand, product, item, or service, except for those items that are approved as exempt from competitive bidding requirements or previously approved as sole source purchases.

(Ord. 2871 § 25, 2006).

Both the county administrative officer and the county counsel are authorized to retain, on behalf of the County of Calaveras, firms or individuals to provide expert consultation or assistance with studies, investigations, litigation, audits, surveys, or planning associated with ongoing county business when, in the judgment of either of them, the expertise required is not possessed by personnel employed by the county, or county personnel qualified for the work is restricted by existing workload, or the services of a third party expert consultant is desirable. Such experts shall be retained at negotiated usual and customary fees. Except for contracts for environmental impact reports (EIR), contracts in excess of fifty thousand dollars require the approval of the board of supervisors. Expert witness fees which are required by state or federal law to be paid in advance in connection with litigation may be paid without a written contract when approved by county counsel.

(Ord. 2871 § 26, 2006).

Blanket purchase orders are usually set up for either one or multi years. Blanket purchase orders are subject to the approval limits stated in Section 3.28.032 of this chapter. Blanket purchase orders may be used for:

A. Repetitive and miscellaneous low-dollar purchases to fill day-to-day operational needs;

B. Maintenance and repair contracts;

C. Other contractual agreements over a specific period of time.

(Ord. 2871 § 27, 2006).