Plumas County Municipal Code Ch. 1 Purchasing System

The purpose of the provisions of this chapter is to adopt policies and procedures governing the purchases of supplies, equipment, and contractual services by the County in accordance with the provisions of Articles 5, 7, and 9 of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code of the State. The provisions of this chapter are not intended to conflict with applicable provisions of State laws but shall be interpreted as supplementary thereto.

(§ 16100, P.C.O.C., added by Ord. 404, as amended by Ord. 506, and § 1, Ord. 73-28, eff. December 7, 1973)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Agency" and "using agency" shall mean any of the departments, offices, or other organizational units of the County government and any special districts whose affairs and funds are under the supervision and control of the Board and for which the Board is the ex officio governing body.

(b) "Contractual services" shall mean any and 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 for services which are required by the County government but which are not furnished by County employees. The purchase of space for legal advertising shall not be subject to the provisions of this chapter.

(c) "Department head" shall mean an elective officer of the supervising authority of any agency.

(d) "Fixed assets" shall mean expenditures which result in the acquisition of or addition to tangible assets of significant value having a utility which extends beyond the current year. "Significant value", as used in this chapter, shall mean One Hundred and no/100ths ($100.00) Dollars and over; provided, however, the Controller may exercise the option to include such items over which he may wish to exert an account control.

(e) "Requisition" shall mean the request filed with the Purchasing Agent for the issuance of a purchase order prescribed and established by the Purchasing Agent.

(f) "Supplies, materials, and equipment" shall mean any and all 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 indigents and excluding capital outlay items. "Supplies, materials, and equipment" shall mean any and all articles or things which shall be furnished to or used by any agency. This definition shall include the supplies, materials, and items of a common class to be furnished a particular agency within any one fiscal year, except for items purchased through the Revolving Fund of the Purchasing Agent. "Items of a common class", as used in this section, shall mean those items of a similar and identical nature which may be purchased advantageously in volume. The decision of the Purchasing Agent as to what items do or do not fall within such common class shall be made by the Purchasing Agent, and his decision shall be final in that matter.

(§ 16101, P.C.O.C., added by Ord. 404, as amended by Ords. 506 and 692; and § 16200, P.C.O.C.)

The office of Purchasing Agent is hereby created. The Purchasing Agent shall be appointed by and serve at the pleasure of the Board.

(§§ 16201 and 16202, P.C.O.C.)

The Purchasing Agent shall appoint such deputies, assistants, and employees as are authorized by the Board pursuant to law.

(§ 16203, P.C.O.C.)

The Purchasing Agent, when authorized by the provisions of this chapter or by law, shall purchase for the County and its agencies and districts all supplies, materials, equipment, and contractual services in accordance with the provisions of this chapter.

(§ 16204, P.C.O.C.)

The Purchasing Agent shall prepare, and the County and its agencies shall use, the forms, requisitions, contracts, notices, specifications, and any and all other documents required by the provisions of this chapter.

(§ 16212, P.C.O.C.)

All forms, papers, and documents provided for in this chapter shall be subject to review by the Auditor, and all such forms, papers, and documents shall be approved as to form and legality by the County Counsel.

(§ 16218, P.C.O.C., as amended by § 1, Ord. 73-28, eff. December 7, 1973)

All forms and procedures provided for in this chapter shall conform with the auditing and budgetary procedures established for the County which are not in conflict with the provisions of this chapter.

(§ 16219, P.C.O.C.)

Each agency shall file with the Purchasing Agent requisitions for the supplies, materials, equipment, and contractual services required for its operations.

(§ 16210, P.C.O.C.)

Each agency shall file with the Purchasing Agent and with the Auditor a written authorization, signed by the department head, designating the persons who may sign requisitions for that agency.

(§ 16211, P.C.O.C.)

The Purchasing Agent shall file with the Board, in writing, a bidding procedure plan which shall be adopted and followed by him in the purchase of all supplies, materials, equipment, and contractual services for all agencies; provided, however, no purchases shall be made for any such agencies until the Board, by resolution, approves such bidding procedure plan submitted by the Purchasing Agent. Such bidding procedure plan may be modified from time to time by the Purchasing Agent, and such modifications shall be approved by the Board by resolution.

(§ 16205, P.C.O.C.)

If the cost or estimated cost of any supplies, materials, equipment, and contractual services for construction or repair pursuant to the provisions of Section 25450 of the Government Code of the State exceeds Four Thousand and no/100ths ($4,000.00) Dollars, the provisions of this chapter shall not apply, but said provisions of the Government Code shall apply.

(§ 16206, P.C.O.C.)

The Purchasing Agent may, with the approval of the Board, delegate to any agency the authority to purchase for itself such supplies, materials,equipment, and contractual services as the Purchasing Agent may designate and upon the terms and conditions specified by him in writing; provided, however, such purchases shall be made in accordance with the provisions of this chapter.

(§ 16207, P.C.O.C.)

The delegation of the authority to purchase supplies, materials, equipment, and contractual services by an agency may be rescinded at any time by the Purchasing Agent, with the approval of the Board, upon the giving of a written notice to such agency, signed by the Purchasing Agent, declaring the authorization to be terminated.

(§ 16208, P.C.O.C.)

If a contractual service is required, the procurement of which is not delegated to the Purchasing Agent, the Board may order the procurement of such contractual service without complying with the bidding procedure plan provided for in Section 3-1.11 of this chapter. Such procedure for the procurement of contractual services shall be established by the Board for each contractual service to be procured, and such portions of such procedure may be delegated as the Board may determine from time to time.

(§ 16209, P.C.O.C.)

The Board hereby delegates to the County Clerk the authority to purchase and procure all election supplies and services required by law to be furnished by the County Clerk without complying with the bidding procedure plan; provided, however, such purchases shall be pursuant to the provisions of Section 3-1.08 of this chapter.

(§ 16209, P.C.O.C.)

The Purchasing Agent, prior to the issuance of a purchase order or the awarding of a contract, shall procure from the Auditor a certification declaring that sufficient funds are available for the purchase of such supplies, materials, equipment, or contractual services.

(§ 16213, P.C.O.C.)

The Board, by resolution, may establish and fix the amount of the Purchasing Agent's store account for the purchase and maintenance of a stock of general supplies and materials for the County. The account shall be a Revolving Fund and shall be audited by the Auditor.

(§ 16217, P.C.O.C.)

When purchasing personal property for which it is not necessary to advertise for bids, the Purchasing Agent may solicit, without advertising for bids, and accept advantageous trade-in allowances for County personal property which has been previously determined by the Board to be not further required for public use.

(§ 16220, P.C.O.C.)

The Purchasing Agent shall determine, upon delivery, whether the supplies, materials, equipment, or contractual services comply with the specifications of such purchases. The Purchasing Agent may delegate by rule and regulation to any department head the authority to inspect and determine whether supplies, materials, equipment, or contractual services comply with such specifications. Such authority shall be for only such supplies, materials, equipment, and contractual services as the Purchasing Agent shall specify. Such rules and regulations may provide that a particular supply, material, equipment, or contractual service may be inspected and accepted by the Purchasing Agent if such limitation is specified in the purchasing order or the specifications.

(§ 16214, P.C.O.C.)

If the supplies, materials, equipment, or contractual services, upon delivery, do not comply with the specifications for purchases, the Purchasing Agent shall refuse to accept such supplies, materials, equipment, and contractual services and shall forthwith report such rejection to the Board, the District Attorney, and the Auditor.

(§ 16215, P.C.O.C.)

In order to determine whether the supplies, materials, equipment, or contractual services comply with the specifications for purchase, the Purchasing Agent is hereby authorized to engage the services of any agency, expert, or laboratory, and the cost of such agency, expert, or laboratory shall be a charge against the County.

(§ 16216, P.C.O.C.)

The Board hereby declares its intention that the provisions of this chapter shall be effective in those County governmental administrative functions delegated to it by the State Legislature but that the provisions of this chapter shall not be in conflict with those functions prescribed by statute, such as the purchase of real property by the County, the construction or maintenance of public works pursuant to the provisions of Sections 25540, et seq., of the Government Code of the State, the construction, maintenance, and repair of bridges, roads, and structures connected therewith, purchases from the County School Service Fund, or any other function, the procedure for which is prescribed by statute.

(§ 16221, P.C.O.C., as amended by § 1, Ord. 73-28, eff. December 7, 1973)

Public projects as defined in Section 25540.5 of the Government Code of the State costing between Four Thousand and no/100ths ($4,000.00) Dollars and Ten Thousand and no/100ths ($10,000.00) Dollars, excluding the costs allowed by statutes, may be let to contract by informal bidding procedures.

(§ 2, Ord. 73-28, eff. December 7, 1973)

Public projects as defined in Section 25540.5 of the Government Code of the State costing more than Ten Thousand and no/100ths ($10,000.00) Dollars shall be let to contract by formal bidding procedure.

(§ 2, Ord. 73-28, eff. December 7, 1973)

(a) Each year the County shall, as soon as is practical after the time of renewal of contractors' licenses, notify each contractor of the County of the opportunity to register with the County to be subsequently notified of all informal bidding proceedings.

(b) Where the informal bidding procedure is to be followed, a notice inviting informal bids shall be published in a newspaper of general circulation in the County one time at least seventy-two (72) hours prior to the time scheduled for opening bids and shall be mailed at least seven (7) days prior to the day scheduled for the opening of bids to all contractors registered pursuant to the provisions of this section.

(c) The notice inviting informal bids shall describe in general terms the project to be done, state a closing date for the submission of such informal bids, and state where the plans and specifications for the project may be obtained or inspected.

(§ 2, Ord. 73-28, eff. December 7, 1973)

(a) Plans, specifications, and working details for all public projects involving formal bidding procedure shall be adopted by the Board.

(b) Notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly state the project to be done and the place where the plans, specifications, and working details for the project may be examined.

(c) As provided by Public Contract Code section 20125, notices inviting formal bids shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation published in Plumas County, with the first publication at least ten (10) days before the opening of the bids. If there is no such newspaper published in Plumas County, the notice shall be given by posting in three (3) public places for at least two (2) weeks.

(§ 2, Ord. 73-28, eff. December 7, 1973; § 1, Ord. 20-1130, adopted June 2, 2020)

Public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. However, the County may also continue to use, at its option, the informal and formal bid procedures set forth in Public Contracts Code §§ 20120 et seq.

(§ I, Ord. 06-1052, adopted September 12, 2006)

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(§ I, Ord. 06-1052, adopted September 12, 2006)

Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3-1.29, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:

(1) If there is no list of qualified contractors maintained by the County for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.

(2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(§ I, Ord. 06-1052, adopted September 12, 2006)

The County Purchasing Agent, the Director of Facility Services, and the Director of Public Works are each authorized to award informal contracts pursuant to this Section.

(§ I, Ord. 06-1052, adopted September 12, 2006)