San Benito County Municipal Code Ch. 5.09 Purchasing

The purpose of this chapter is to adopt policies and procedures governing purchases of materials, supplies, furnishings, equipment, and other personal property, and contractual services by the county in accordance with Cal. Gov't Code Article 7 (commencing with § 25500) of Chapter 5 of Part 2 of Division 2 of Title 3. This chapter is not intended to conflict with applicable provisions of state law and shall be interpreted as supplementary thereto.

(Ord. 853, § 1 (part), 2010)

For the purposes of this chapter, the following definitions shall apply unless the content clearly indicates or requires a different meaning.

CONTRACTUAL SERVICES. Any and all of the following services: telephone, gas, water, electric light and power services; equipment and machinery rentals and maintenance agreements; insurance coverage; professional services; and all other types of services required by the county but not furnished by its own employees.

DEPARTMENT HEAD. Any person appointed or designated by the Board as administrative head of any office, department or other organizational unit of county government and any special district whose affairs and funds are under the supervision and control of the Board of Supervisors acting as its ex officio governing body.

FIXED ASSETS. Any piece of tangible personal property having an estimated useful life of one calendar year or more, capable of being permanently identified as an individual unit of property, and belonging to one of the general classes of property considered a fixed asset in accordance with generally accepted accounting practices (i.e., equipment, machinery, vehicles, furnishings,) with an accounting value of $5,000 or more.

LOCAL BUSINESS. Any person or entity that regularly maintains a place of business and transacts business in, or maintains an inventory of merchandise for sale in, the County of San Benito.

PROFESSIONAL SERVICES. An independent contractor's expert advice or professional services that involve extended analysis, personal expertise, the exercise of discretion and independent judgment in their performance, which are of an advisory nature, provide a recommended course of action, and have an end product transmitting information which is related to county programs. Providers are selected on the basis of qualification, subject to the negotiation of a fair and reasonable compensation. Classification as professional services may also require an advanced, specialized type of knowledge, expertise, technical skill or training customarily acquired either by a prolonged course of study or equivalent experience, such as accountants, financial advisors, auditors, grant writers, program specialists, physicians, mental health clinicians, and other medical and public health service providers, labor consultants and negotiators, investigators, law enforcement retained certified laboratories, attorneys and other litigation-related specialists, environmental consultants, appraisers, architects, landscape architects, surveyors, engineers, design professionals, and construction project management firms.

SUPPLIES AND MATERIALS. Articles or things which shall be furnished or used by any department, including any and all printing, binding, publication, stationery, forms, journals and reports, but excluding services or materials furnished "in kind", in lieu of cash expenditure, and excluding fixed assets.

(Ord. 853, § 1 (part), 2010; Ord. 983, § 1, 2019)

Pursuant to Cal. Gov't Code § 25500, the Board of Supervisors appoints the County Administrative Officer or designee to serve as the Purchasing Agent for San Benito County, at the pleasure of the Board of Supervisors.

(Ord. 853, § 1 (part), 2010)

The Purchasing Agent shall have all the duties and powers prescribed by laws of the state relating to county purchasing agents, this chapter and the resolutions and orders of the Board of Supervisors to include the following duties:

(A) Acquisition of personal property. To purchase, lease to purchase, or lease equipment, materials, supplies and all other personal property and services for the county where funding has been approved and budgeted by the Board, unless specified otherwise in County Code or in the Purchasing and Contracting Policy Manual.

(B) Service contracts. To engage independent contractors to perform services through contracts for the county and offices thereof with or without furnishing of material where the aggregate cost does not exceed $50,000. Contracts shall not be split between fiscal years to circumvent this dollar limitation.

(C) Renewal/extension of contracts. To renew or extend contracts for services that are related to ongoing county projects provided the financial obligation falls within his or her purview of authority; and to renew or extend a Board approved contract or amended contract in an additional amount not to exceed $10,000 of the Board approved contract or amended contract.

(D) Rental of real property. To negotiate and execute in the name of the county, contracts to lease or rent for the county real property or storage space where funding has been approved by the Board, with a total rent amount not to exceed $50,000.

(E) Transfer of property within the county. To transfer personal property within the county with an estimated value of not more than $5,000. Such transfers shall be made only with the approval of both the donating and receiving department directors.

(Ord. 853, § 1 (part), 2010; Ord. 983, § 2, 2019; Ord. 990, § 1, 2019; Ord. 1068, § 1, 2024)

The Purchasing Agent has the authority to designate such assistants and limit or rescind authority. Each department head of the County of San Benito shall serve as Assistant Purchasing Agents for purposes of their respective budgets only. Assistant Purchasing Agents may request authorization to designate an additional Assistant Purchasing Agent within their department, subject to the approval of the County Administrative Officer and the County Auditor.

(Ord. 853, § 1 (part), 2010)

The Assistant Purchasing Agent shall have all the duties and powers prescribed by laws of the state relating to county purchasing agents, this chapter and the resolutions and orders of the Board of Supervisors to include the following duties:

(A) Acquisition of personal property. To purchase equipment, materials, supplies and all other personal property and services for the county where funding has been approved and budgeted by the Board, unless specified otherwise in the County Code or in the Purchasing and Contracting Policy Manual, such as fixed assets, which require Board of Supervisors and CAO approval, unless the purchase has been approved during the budget process.

(B) Service contracts. To engage independent contractors for services through contracts where the cost does not exceed $10,000 where funding has been approved and budgeted in their department budget. Contracts shall not be split between fiscal years to circumvent this dollar limitation.

(C) Rental of real property. To negotiate and execute in the name of the county, contracts to lease or rent for the county real property or storage space, with an annual rent not to exceed $10,000, where funding has been approved and budgeted in their department budget by the Board.

(Ord. 853, § 1 (part), 2010; Ord. 983, § 3, 2019; Ord. 990, § 2, 2019; Ord. 1068, § 2, 2024)

County Counsel is authorized to engage outside attorneys for professional services through contract, when it does not involve retention of counsel to appear on the county's behalf in either pending or anticipated litigation and the cost does not exceed $10,000.

(Ord. 853, § 1 (part), 2010)

Under the direction of the Public Works Administrator, the Public Works Department shall be given additional special powers and duties as it relates to the following:

(A) Sale or disposal of surplus personal property. To declare surplus any item of an estimated value of $5,000 or less and sell, trade or dispose of in the best interest of the county through bid, solicitation or transfer. Any other item of personal property above this amount, are subject to the Board of Supervisors approval. The Resource Management Agency may utilize a third-party private auction company to find a purchaser for surplus items.

(B) Construction and repair contracts. To employ independent contractors, upon receipt of a requisition, suitable specifications, and supporting documentation for construction and repair work where the estimated aggregated cost does not exceed the amount specified in Cal. Public Contract Code §§ 20131 and 20150.4, and the San Benito County Code Chapter 15.09, Public Projects. All documents for bidding purposes shall be submitted to the County Counsel's Office for review and approval before going forward with the project.

(Ord. 853, § 1 (part), 2010; Ord. 1068, § 3, 2024)

In the performance of his or her function hereunder, the Purchasing Agent or Assistant Purchasing Agent shall comply with all applicable statutes, ordinances and regulations. Purchases shall be made using such methods and procedures to secure the lowest price consistent with the quality desirable for the use intended. The Purchasing Agent and Assistant Purchasing Agent shall comply with standards set forth in the San Benito County Purchasing and Contracting Policy Manual.

(Ord. 853, § 1 (part), 2010)

Except as otherwise directed by law, or as directed by the Board of Supervisors, competitive process is not required for the following purchases:

(A) Expert and professional services which involve extended analysis; the exercise of discretion and independent judgment in their performance; and an advanced, specialized type of knowledge, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience as defined under § 5.09.002 - Professional Services.

(B) Election supplies.

(C) Legal brief printing, stenographic services, and transcripts.

(D) Books, publications, subscriptions, recordings, motion picture films, and annual book and periodical contracts.

(E) Appraiser services.

(F) Insurance.

(G) Contracts for services which by law, some other office or body is specifically charged with obtaining.

(H) Public utility services.

(I) Ordinary travel expenses.

(J) Personal property or services obtainable through master contracts or purchasing association pools identified for the use and benefit of all county departments.

(K) Where law fixes the price of property or services.

(L) Proprietary drugs and pharmaceuticals, medical supplies and equipment.

(M) Training, seminars, and classes for county personnel.

(N) Sole source procurement, defined as an award for a commodity or service which can only be purchased from one supplier, usually because of its technological, specialized, or unique character.

(O) Emergency purchases necessary when unforeseen circumstances require an immediate purchase in order to avoid a hazard to life or property or serious interruption of the operation of a county department, or the necessary emergency repair of county equipment or heavy equipment required for the operation of a county department, or in order to avoid economic loss to the county. This may include emergency purchases necessary for the conduction of an election.

(P) When the product/services are needed by the county pending a contract award and a contractor agrees to provide such product/services at the same contract price as a previous award, until a new contract has been awarded. Such interim period contracts shall not exceed six months.

(R) If grant guidelines or source of funding require grantees to abide by different procurement procedures other than those adopted by the county, the federal and state regulations shall prevail.

(Ord. 853, § 1 (part), 2010; Ord. 1068, §§ 4, 5, 2024)

All contracts are binding legal documents that are subject to the following provisions:

(A) All contracts, leases and any amendments or modifications, except as set forth below, shall be reviewed and approved as to legal form by the County Counsel’s Office prior to execution of the Purchasing Agent, Assistant Purchasing Agents and/or Board of Supervisors. Contracts less than $10,000 and work experience contracts shall not require legal review, but shall be reviewed by County Counsel’s designee, such as a paralegal, legal secretary or the Risk Management Department. All signatures as to legal form by County Counsel or designee may be by original, faxed, or emailed signature.

(B) Prior approval shall be obtained from County Counsel's Office before any contracts for professional services relating to outside attorney services are executed. All services provided by outside attorneys shall be coordinated by the County Counsel's Office.

(C) The Clerk of the Board is the keeper of public records. All original signed contracts upon execution by the Board of Supervisors, Purchasing Agent and/or the Assistant Purchasing Agents shall be submitted to the Clerk of the Board as soon as possible to ensure that the public record is maintained.

(Ord. 853, § 1 (part), 2010; Ord. 983, § 4, 2019)

(A) The Purchasing Agent shall establish and maintain procedures and specifications to ensure that the county gives preference, in its purchasing decisions, to products containing the maximum amount of recycled materials, where the quality and fitness of such products is equal to those of products containing no recycled materials, or a lesser amount of recycled materials, and where the total cost of such products is reasonable in comparison to the total cost of those products containing no recycled materials, or a lesser amount of recycled materials.

(B) PRODUCT CONTAINING RECYCLED MATERIALS means, with respect to a paper product, a “recycled paper product” as that term is defined in Cal. Public Contract Code § 12301(c), and §§ 22150 through 22154 and §§ 12200 and 12209, and means, with respect to other products, a “recycled product,” as that term is defined in Cal. Public Contract Code § 12301(d).

(C) To the extent that the Cal. Public Contract Code or other provisions of state law provide for purchasing preferences which are more extensive than those established herein or in the county’s purchasing policy, or call for additional procedures to increase the use of recycled materials, the provisions of state law shall prevail.

(Ord. 853, § 1 (part), 2010; Ord. 1068, § 7, 2024)

When all other factors are determined to be equal, preference shall be given to individuals or firms having a bona-fide place of business within the county. Any responsive, responsible bid, proposal or quote for materials and supplies from a local business which is within 3% of the lowest responsive, responsible bid, proposal or quote for materials and supplies, shall be considered equal to the amount of the lowest responsive, responsible bid, proposal or quote, except where state or federal law or rules or grant requirements regarding procurement prevails. If the business has additional places of business located outside of the county, the designated point of sale for all resulting purchases shall be the bona-fide place of business located within the county. This preference shall only apply to bids up to $500,000.

(Ord. 853, § 1 (part), 2010; Ord. 1068, § 6, 2024)

Failure of the Purchasing Agent or Assistant Purchasing Agent to adhere to the provisions of this chapter may incur costs not meriting the definition of county charges and therefore becoming the personal responsibility of the Purchasing Agent or Assistant Purchasing Agent. Except as otherwise provided by law, no purchase of materials, supplies, furnishings, equipment, other personal property or contractual services shall be made in excess of the amount of the appropriations allowed by the budget.

(Ord. 853, § 1 (part), 2010)

(A) Emergency purchases may be made by the Purchasing Agent or Assistant Purchasing Agent when a generally unexpected occurrence or unforeseen circumstances require an immediate purchase of material, supplies or equipment:

(1) In order to avoid a hazard to life or property;

(2) In order to avoid a serious interruption or discontinuance of essential services or operation of a county department;

(3) In order to make necessary emergency repairs of county equipment or heavy equipment required to provide essential services or for the operation of a county department; or

(4) In order to avoid economic loss to the county.

(B) Emergency purchases shall be submitted to the Board of Supervisors for ratification at its next meeting.

(Ord. 853, § 1 (part), 2010)

Board adoption of this chapter shall be accompanied by the adoption of a county Purchasing and Contracting Policy Manual identifying specific procedures to implement the provisions of this chapter. From time to time, it may be amended and updated as deemed appropriate by the Board of Supervisors.

(Ord. 853, § 1 (part), 2010)

(A) Pursuant to Cal. Gov’t Code § 25537, a procedure alternative to that required by Cal. Gov’t Code §§ 25526 through 25535 for the leasing or licensing of any real property belonging to the county is hereby adopted.

(B) The Board of Supervisors shall accept the highest proposal for the proposed lease or license submitted in response to a call for bids posted in at least three public places for not less than 15 days and published for not less than two weeks in a newspaper of general circulation, if such newspaper is published in the county, or reject all bids.

(C) Leases or licenses of a duration not exceeding ten years and having an estimated monthly rental of not exceeding $7,500 may be excluded from the bidding procedure specified in division (A) of this section, except that notice shall be given pursuant to Cal. Gov’t Code § 6061, posted in the office of the Clerk of the Board of Supervisors, and if the lease or license involves residential property, notice shall be given to the housing sponsors, as defined by Cal. Health and Safety Code §§ 50074 and 50074.5. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or license will be executed, and any county officer authorized to execute the lease or license. If a lease or license is excluded from the bidding procedure, the actual monthly rental in the executed lease or license shall not exceed $7,500, the term of the executed lease or license shall not exceed ten years and the lease or license is not renewable.

(D) The Purchasing Agent or Purchasing Agent's designee may execute leases or licenses pursuant to this section, which authority is hereby delegated for a term of five years, until November 1, 2024, at which time this section may be updated.

(E) The Purchasing Officer, or his/her designee, shall provide a notice to the supervisorial district office in which the property proposed to be licensed is located at least five working days prior to execution of the lease or license. The notice shall describe the property proposed to be leased/licensed, the terms and conditions of the lease/license, and the name of the proposed lease/licensee. If the supervisorial district office has not responded in writing objecting to the proposed lease/license within five working days after the notice has been provided, the proposed lease/license shall be deemed approved by the district office. If the supervisorial district office objects to the proposed lease/license in writing within five working days, the lease/license may be submitted for approval by the board of supervisors at a regular meeting.

(F) Notice pursuant to this section shall also be mailed or delivered at least 15 days prior to accepting offers to lease pursuant to this section to any person who has filed a written request for notice with either the Clerk of the Board or with any other person designated by the Board to receive these requests. The county shall charge a fee, which is reasonably related to the costs of providing this service. The county requires each request to be annually renewed. The notice shall describe the property proposed to be leased, the terms of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed, and any county officer authorized to execute the lease.

(G) This section shall be subject to Cal. Gov’t Code § 25537 as amended from time to time or any successor statute as amended from time to time.

(Ord. 996, § 1, 2019)

If the County Board of Supervisors adopts a resolution opting into the California Uniform Public Construction Cost Accounting Act (CUPCCAA), then for as long as the County of San Benito is subject to that Act, the provisions of Article II of Chapter 15.09 shall apply to all public projects as defined by Cal. Public Contract Code § 22002.

(Ord. 1060, § 4, 2023)