Chapter 8 — PURCHASING SYSTEM

Pursuant to the provisions of Sections 25500 et seq. of the Government Code of the State, the position of Purchasing Agency of the County is hereby established.

(§ 2, Ord. 310)

(Ord. No. 10-06, § I, 5-4-2010; Ord. No. 19-13, § I, 11-5-2019)

The Purchasing Agent shall have the duties and power prescribed by the laws of the State relating to County Purchasing Agents, this chapter and resolutions of the Board. The Purchasing Agent shall appoint such deputies, assistants and other employees therein as shall from time to time be authorized, which will be detailed in the County of Siskiyou Purchasing Policy. The Board of Supervisors authorizes department heads to act as Assistant Purchasing Agents, who shall exercise those duties and powers under the direction of the Purchasing Agent as set forth by Resolution of the Board of Supervisors, and detailed in the County of Siskiyou Contracting & Procurement Policies and Procedures. The Purchasing Agent shall furnish the Board with such reports and information as the Board may from time to time require and shall establish methods and procedures, which may be set forth in Procurement Polices, necessary for the proper functioning of the procurement process in an efficient and economical manner.

(§ 2, Ord. 310)

(Ord. No. 10-06, § I, 5-4-2010; Ord. No. 19-13, § II, 11-5-2019; Ord. No. 21-10, § I, 6-15-2021)

The Purchasing Agent shall have the following specific duties that he or she may carry out directly or in conjunction with such deputies, assistants and other department employees so authorized by the Purchasing Agent in writing or the Board by resolution or minute order:

(a)

Pursuant to Government Code Section 25501, purchase for the County and its offices all materials, supplies, furnishings, equipment, livestock, and other personal property;

(b)

Pursuant to Government Code Section 25501, negotiate and execute in the name of the County all equipment service contracts and lease purchase agreements of personal property;

(c)

Pursuant to Government Code Section 25501, rent for the County and its offices furnishings, equipment, and livestock;

(d)

Pursuant to Government Code Section 25502.3, engage independent contractors to perform services for the County or County officers, with or without the furnishing of material. For dollar thresholds set forth in the County of Siskiyou Contracting & Procurement Policies and Procedures an invoice may be determined to satisfy the contracting requirements of this subsection. Except as set forth below, the provisions of this subsection shall not apply to contracts to do work upon the public roads of the County, contracts to print legal briefs or legal notices, contracts for election supplies, contracts for expert services to be rendered the offices of the District Attorney, County Counsel or Sheriff-Coroner, contracts for appraiser's services, contracts for consultants and other experts employed directly by the Board, or contracts for other services which by law some other office or body is specifically charged with obtaining. Notwithstanding the foregoing, to the extent allowed under state law, such District Attorney, County Counsel and Sheriff- Coroner contracts not otherwise subject to this subsection may be required by resolution of the Board to be let pursuant to a process in which a minimum of three (3) quotes is first obtained or a Request for Proposals (RFP) is done yearly in anticipation of such services being needed;

(e)

Pursuant to Government Code Section 25350.51, lease real property for use by the County for a term not to exceed five (5) years and for a rental not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars per month;

(f)

Pursuant to Government Code Section 25350.51, to amend real property leases for improvements or alterations, or both, with the total cost not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars, provided that the amendment does not extend the term of the lease and that no more than two (2) amendments not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars each, are made within a twelve-month period;

(g)

In addition to the broader authority contained in subsection 2-8.14(a) and pursuant to Public Contracting Code Section 20131, employ state-licensed independent contractors and purchase materials, furnishings, and supplies used in the construction or repair of public works estimated at costing not more than Six Thousand Five Hundred and no/100ths ($6,500.00) Dollars, without the formality of obtaining bids, letting contracts, preparing specifications, and the other things required by the Local Agency Public Construction Act, commencing with Public Contract Code Section 20100;

(h)

Solicit and accept advantageous trade-in allowances for County personal property which has scrap value of less than Ten Thousand and no/100ths ($10,000.00) Dollars and which has previously been determined by the Purchasing Agent to be not further required for public use;

(i)

Through Assistant Purchasing Agents, by direct sale or otherwise, sell, lease, or dispose of any personal property belonging to the County not required for public use, subject to such regulations as may be provided by the Board of Supervisors, and shall pay the proceeds into the County treasury for the use of the County. Where the property is exchanged or traded, the Purchasing Agent or Assistant Purchasing Agent shall secure its value on behalf of the County;

(j)

Where specifically authorized by law, may sell, lease, or dispose of the personal property of any special district and pay the proceeds into the treasury of the district, or if an exchange or trade-in is made, return the proceeds to the special district;

(k)

Implement and oversee a County Credit Card program as authorized by Resolution of the Board of Supervisors;

(l)

Perform such other services as the Board may from time to time by resolution require.

(m)

As an alternative method for procuring motor vehicles, pursuant to subsection 2-8.07(i) and Government Code Sections 25305, 25501, and 25502, purchase motor vehicles.

(§ 3, Ord. 310, as amended by § I, Ord. 97-04, eff. January 14, 1997)

(Ord. No. 10-06, § II, 5-4-2020; Ord. No. 19-13, § III, 11-5-2019; Ord. No. 21-10, § II, 6-15-2021; Ord. No. 23-01, 3-7-2023)

(a)

Emergency purchases may be made by any person or official authorized by the Board or Purchasing Agent to sign requisitions when the Purchasing Agent or any of his or her assistants is authorized to make purchases but are not immediately available and the items so purchased are immediately necessary for the continued operation of the office or department involved or are immediately necessary for the preservation of life or property. Such emergency purchases shall be subsequently approved and confirmed by the Purchasing Agent, but if he/she refuses such confirmation, the Board may subsequently approve and confirm such purchases by a majority vote of the entire Board. Unless such purchases are so approved and

confirmed by either Purchasing Agent or the Board, the cost thereof shall not constitute a legal charge against the County.

(b)

Notwithstanding the provisions of Government Code Sections 25502.3 and 25502.5, pursuant to Government Code Section 25502.7 the Board of Supervisors may, whenever it has proclaimed a local emergency pursuant to Government Code Section 8630, direct the Purchasing Agent to engage independent contractors to perform services related to the local emergency for the County and officers thereof, with or without the furnishing of materials, within the amounts the Board of Supervisors may establish as set forth in the County of Siskiyou Contracting and Procurement Policies to effectuate the purposes of this section. The Board of Supervisors may establish rules and regulations to effectuate the purposes of this section and those rules and regulations shall include provisions for informal bidding procedures to the extent that such procedures are feasible under emergency circumstances.

(c)

In circumstances where reimbursement from the State of California or federal government is anticipated, additional requirements may be imposed, as specified in-the County of Siskiyou Contracting and Procurement Policies and Procedures and by County Counsel.

(§ 4, Ord. 310)

(Ord. No. 19-13, § IV, 11-5-2019; Ord. No. 21-10, § III, 6-15-2021)

Pursuant to Government Code Section 25509, upon request to the Board by the Purchasing Agent, there will thereby be established from the unappropriated funds of the County a Stock Fund (or "Store Account") in such an amount as the Board may from time to time by resolution establish. Such fund shall be known as the Stock Fund. The Purchasing Agent may purchase supplies, materials and equipment in quantities to be issued to the several offices and departments of the County as needed and shall make payment therefor out of the funds of such fund. As such supplies, materials and equipment are issued to an office or department, the fund shall be reimbursed from the budgeted funds of the requisitioning department.

(§ 5, Ord. 310)

(Ord. No. 19-13, § V, 11-5-2019)

Except as to purchases from the Stock Fund, all purchases, rentals and contracts shall be made only upon proper written requisitions, the forms of which shall be supplied by the Purchasing Agent to the several offices of the County. The head of any County office, department or institution, or his or her duly designated assistant, is hereby authorized to draw requisitions for purchases for such office, department or institution in accordance with current budget accounts. Such department head, as Assistant Purchasing Agent, may delegate such authority to one or more of his/her deputies, assistants or employees within the department by filing a written authorization.

(§ 6, Ord. 310)

(Ord. No. 19-13, § VI, 11-5-2019)

Sec. 2-8.07. - Purchase of personal property specified in Government Code Section 25508; Competitive bidding rules and regulations; Contracting for personal services, with or without materials.

(a)

Intent. Pursuant to the authority of the Board of Supervisors provided in Government Code Section 25508, the purpose and intent of this section is to establish rules and regulations requiring the Purchasing Agent to obtain quotations by the use of formal or informal bids in connection with purchases costing more than Five Thousand and no/100th ($5,000.00) Dollars of materials, supplies, furnishings, equipment, livestock and other personal property which such Purchasing Agent is authorized to purchase for the County. Purchases of Five Thousand and no/100ths ($5,000.00) Dollars or less, in appropriate circumstances, as determined by exercise of the Purchasing Agent's discretion, may be made using a purchase order.

(b)

"Purchasing Agent" shall be the County Administrative Officer and shall include the Purchasing Agent's designees as specified in writing by the Purchasing Agent or the Board by resolution or minute order.

(c)

Informal Bids. Unless otherwise provided by law, the Purchasing Agent may utilize informal bids to purchase personal property where the cost of such personal property, as defined in Government Code Section 25508, is more than Five Thousand and no/100ths ($5,000.00) Dollars and no more than Twenty- five Thousand and no/100ths ($25,000.00) Dollars. "Informal bid" means a procurement procedure in which the request for a price for a product is solicited from a minimum of three (3) vendors, including, when practicable, local vendors, and awarded by the Purchasing Agent. When it is not practical to obtain the three (3) bids, the Purchasing Agent shall document his or her good faith effort to obtain multiple bids, which documentation shall satisfy the requirements herein.

(d)

Formal Bids. Unless otherwise provided by law or authorized by County policy, and except as provided in subdivision (i) as an alternative procurement process for motor vehicle purchases, the Purchasing Agent shall utilize formal bids to purchase personal property, as defined in Government Code Section 25508, where costs of such personal property is more than Twenty-five Thousand and no/100ths ($25,000.00) Dollars. "Formal bid" means a procurement procedure in which the request for a price for a product is solicited from a minimum of three (3) vendors, including local vendors, and a request for proposals (RFP) is prepared, posted on the County's website and, when determined to be appropriate by exercise of the Purchasing Agent's discretion, advertised in an appropriate publication calculated to bring maximum exposure in a cost-effective manner. The requirement to solicit three (3) bids is satisfied if the RFP results in a minimum of three (3) responses. When it is not practical to obtain three (3) bids, the Purchasing Agent shall document his or her good faith effort to obtain multiple bids, which documentation shall satisfy the requirements herein.

(e)

Award. In addition to price, award of a bid shall be made on ability to provide a product satisfactory to County, service, experience, and other criteria as the County may declare in its solicitation for a price quote and request for bids. Price is an important, but not necessarily the determining factor, in awarding a contract. The County reserves the right to reject any and all bids and price quotes and to award a contract in the best interests of the County.

(f)

Sole source procurement and contracts are noncompetitively negotiated and shall be in accordance with the County of Siskiyou Contracting and Purchasing Policy. Sole source procurement may be used in special conditions, such as:

(1)

Only one firm or individual is qualified to do the work.

(2)

An emergency exists of such magnitude that cannot permit delay.

(3)

Competition is determined to be inadequate after solicitation of a number of sources.

(g)

This section does not apply to professional service contracts or to public works contracts that statutorily must be let by contract to the lowest responsible bidder.

(h)

Purchases of computers, software, and other highly technical services and devices must be coordinated with the County's (not just the department's) IT Department.

(i)

Purchase of vehicles must be coordinated with County Administration, regardless of the procurement procedure used. As an alternative procurement procedure for motor vehicles to the formal bid process of subdivision (d), provided the Board has first approved through the budget process the money used for the purpose of acquiring a motor vehicle and the purchase does not exceed the amount budgeted, the Purchasing Agent may use a procurement procedure in which the request for a price for a motor vehicle is posted on the County website and there is solicited from a minimum of three (3) vendors, including, when practicable, local vendors, and the resulting purchase order is approved by the Purchasing Agent. When it is not practical to obtain the three (3) bids, the Purchasing Agent shall document his or her good faith effort to obtain multiple bids, which documentation shall satisfy the requirements herein

(j)

Pursuant to Government Code Section 25502.3, the Purchasing Agent may contract for personal services through an independent contractor, with or without the furnishing of material, when the annual aggregate cost does not exceed Fifty Thousand and no/100ths ($50,000.00) Dollars. The Purchasing agent may also arrange to contract for personal services through an independent contractor, with or without the furnishing of material when the annual aggregate exceeds Fifty Thousand ($50,000.00) Dollars, but the resulting contract must be approved by the Board of Supervisors. Dollar thresholds requiring competitive bidding processes, as set forth in subdivisions (c) and (d), shall be set forth in the County of Siskiyou Contracting and Purchasing Policy, as adopted by the Board of Supervisors, except in those sections where County Code provides for alternative procurement procedures. This subdivision does not apply to contracting for professional services.

(§ 7, Ord. 310, as amended by § I, Ord. 01-17, eff. September 6, 2001.

(Ord. No. 10-06, § II, 5-4-2010; Ord. No. 13-10, § I, 8-6-2013; Ord. No. 19-13, § VII, 11-5-2019; Ord. No. 22-13, § I, 6-14-2022; Ord. No. 23-01, 3-7-2023)

(a)

Applicability. When local bids are obtained, local preference purchasing shall be applicable only to those purchases made pursuant to Government Code Section 25508 and as set forth in Section 2-8.07. It does not apply to those purchases whose funding source(s) may prohibit such preference or where State law expressly requires award of a contract to the lowest responsible bidder.

(b)

It shall be the policy of the County of Siskiyou to encourage local businesses to provide goods to the County of Siskiyou through the County's purchasing program. Therefore, it is the policy of the County to solicit bids from local businesses whenever practicable. In order to encourage local businesses, the County hereby establishes a local preference for local businesses by providing a five-percent local preference as to any purchase of goods or supplies pursuant to a separate contract or purchase order, for sums not exceeding Twenty-five Thousand and no/100ths ($25,000.00) Dollars. In addition to this local preference, for any purchase exceeding the sum of Twenty-five Thousand and no/100ths ($25,000.00) Dollars but not exceeding Fifty Thousand and no/100ths ($50,000.00) Dollars, an additional four-percent local preference as to that portion of the purchase exceeding Twenty-five Thousand and no/100ths ($25,000.00) Dollars shall be given on any purchase of goods or supplies pursuant to a separate contract or purchase order. And, in addition to the above local preferences, on any purchase exceeding the sum of Fifty Thousand and no/100ths ($50,000.00) Dollars, an additional three-percent local preference as tot that portion of the purchase exceeding Fifty Thousand and no/100ths ($50,000.00) Dollars shall be given on any purchase of goods or supplies pursuant to a separate contract or purchase order. With or without application of the aforementioned local preference, price is an important, but not necessarily the determining factor, in awarding a contract. For the purpose of this section, a vendor qualifying for local preference must claim it when submitting its quote or bid and must meet all of the following criteria:

(1)

The local business shall have established a place of business within Siskiyou County at least six (6) months prior to publication of the call for bids.

(2)

Where state sales tax will be paid for the purchase, the local business must possess a valid resale license from the State Franchise Tax Board evidencing the business' local address within Siskiyou County and that payment of the local share of the sales tax goes to either a city within Siskiyou County or to the County.

(3)

Where applicable, the local business must have paid business property taxes to Siskiyou County for the most recent tax year. This provision shall not apply as to businesses that were not established at that time or where no taxes were due.

(4)

At least one-half (½) of the vendor's local employees reside in the County of Siskiyou.

(c)

In order to qualify for the local preference authorized by this section, the vendor shall be required to submit with its price quote or bid, a short form that the business meets the above criteria. The short form shall be provided by the County upon request and shall be signed under penalty of perjury.

(d)

Any person, firm, corporation, or entity intentionally submitting false information to the County in an attempt to qualify for local preference shall be guilty of a misdemeanor, shall be civilly liable to refund to the County the full amount of any preference given to the vendor based upon such false information, together with interest thereon at the legal rate and shall be removed from eligibility to sell to the County for three (3) years.

(e)

Local preference is strongly encouraged but is not required.

(f)

Failure to solicit local bids may, in appropriate circumstances, require the department head (acting as an Assistant Purchasing Agent) to justify such action and may result in payment being withheld until such action has been approved by the Purchasing Agent.

(§ II, Ord. 01-17, eff. September 6, 2001, and § I, Ord. 04-15, eff. December 7, 2004)

(Ord. No. 13-10, § II, 8-6-2013; Ord. No. 19-13, § VIII, 11-5-2019)

Notices of sales of surplus personal property shall be posted for not less than five (5) business days preceding the day of sale in the County Courthouse, in the office of the Purchasing Agent and, as the Purchasing Agent may determine advisable, on the County website, and in such other public place, online site, or publication that is determined to be effective and economical.

(§ 8, Ord. 310)

(Ord. No. 19-13, § IX, 11-5-2019)

In the disposition of any surplus personal property and upon approval of the Board, the Purchasing Agent may purchase advertising space and may advertise the proposed sale or other disposition of the personal property on the County website and in such newspapers, magazines and other periodicals as in his or her judgment will best publicize the proposed sale or other disposition to those persons most likely to bid for or purchase the personal property. Within the limitations of the order of the Board approving the advertising, the Purchasing Agent shall decide upon the amount, nature, makeup and content of the advertising.

(§ 9, Ord. 310)

(Ord. No. 19-13, § X, 11-5-2019)

Whenever any item of personal property is no longer needed by the office, department or institution in possession thereof, such fact shall be reported to the Purchasing Agent who may transfer such item to a surplus pool to be maintained under the supervision of the Purchasing Agent, and whenever any office, department or institution is in need of an article which has been placed in such surplus pool or has requisitioned the purchase of a similar article, the Purchasing Agent, upon a properly drawn request for transfer or requisition, may transfer the article to such department.

(§ 10, Ord. 310)

The Sheriff-Coroner is authorized to turn over to the Probation Officer, for use in any program or activity designed to prevent juvenile delinquency, bicycles and toys which have been in the possession of the Sheriff-Coroner and which have been unclaimed for a period of at least three (3) months. The procedure set forth in this section may be used in lieu of selling such items at public auction to the highest bidder pursuant to the provisions of Section 2080.5 of the Civil Code of the State.

(§ I, Ord. 964, eff. May 23, 1980)

The Sheriff-Coroner is authorized and empowered to sell at public auction, to the highest bidder, for cash, or to transfer such property to the Purchasing Agent for sale to the public at public auction, any article of personal property in his possession, except a bicycle or toy when Section 2-8.11 has been or will be utilized instead, unclaimed for a period of four (4) months. In the event the Sheriff-Coroner, Purchasing

Agent or an Assistant Purchasing Agent elects to sell such property, he or she shall give notice of the date and place of sale at least five (5) business days before the time therefor by posting notice on the County website and in the courthouse and the office of the Purchasing Agent. In addition, with Board approval, the Purchasing Agent or Assistant Purchasing Agent may place advertisements in newspapers and other publications giving notice of the sale when such notices are determined to be cost effective. In the event the Sheriff-Coroner, Purchasing Agent, or Assistant Purchasing Agent determines that such property is needed for public use, such property may be retained by the County and need not be sold.

In addition, the Sheriff-Coroner, Purchasing Agent, or Assistant Purchasing Agent may sell personal property at public auction, in the manner and upon the notice of sale of personal property under execution, when the owner cannot be found or, being found, refuses to pay the lawful charges provided for in Sections 2080 and 2080.1 of the Civil Code of the State in the following cases:

(1)

When the property is in danger of perishing or losing the greater part of its value; or

(2)

When the lawful charges provided by said Sections 2080 and 2080.1 amount to two-thirds (⅔) of its value.

The procedure set forth in this section may be used in lieu of selling such items at public auction to the highest bidder pursuant to the provisions of Section 2080.5 of the Civil Code of the State.

(§ I, Ord. 1071, eff. February 12, 1982)

(Ord. No. 19-13, § XI, 11-5-2019)

The position of Assistant Purchasing Agent is hereby established. Department heads are hereby appointed as Assistant Purchasing Agents and shall have the authority to conduct purchasing as specified herein and as the Board so specifies by Resolution.

(Ord. No. 10-06, § II, 5-4-2010; Ord. No. 19-13, § XII, 11-5-2019)

Pursuant to the provisions of the Uniform Public Construction Cost Accounting Act the following bidding procedures are hereby established:

(a)

Minor Public Projects. Public projects, as defined by the Uniform Public Construction Cost Accounting Act, of Sixty Thousand ($60,000.00) Dollars or less, or the current amount set in Section 22302, subdivision (a) of the Public Contract Code, as amended from time to time, may be performed by force account, by negotiated contract, or by purchase order. The County Purchasing Agent is hereby authorized to award these minor public projects.

(b)

Informal Bidding. Public projects, as defined by the Uniform Public Construction Cost Accounting Act, of more than Sixty Thousand ($60,000.00) Dollars but less than or equal to Two Hundred Thousand ($200,000.00) Dollars, or within the current threshold amounts listed in Section 22032 the Public Contract Code, as amended from time to time, may be let to contract by informal procedures as set forth in Section 22030, et seq., of the Public Contract Code.

(1)

Contractor's List. A list of qualified contractors identified according to categories of work 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.

(2)

Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance [Chapter], a notice inviting informal bids shall be mailed to all contractors on the list for the category of work to be bid, and/or all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code.

a.

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.

b.

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.

(3)

All mailings of notice to contractors and construction trade journals, pursuant to subdivision (b)(2) shall be completed not less than ten (10) calendar days before bids are due.

(4)

The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(5)

The Board of Supervisors hereby delegates the authority to award contracts let by this informal procedure to the Purchasing Agent.

(6)

If all bids received are in excess of Two Hundred Thousand ($200,000.00) Dollars, or the current amount set in Section 22304, subdivision (f) of the Public Contract Code, as amended from time to time, the Board of

Directors may by Resolution, adopted by four-fifths (⅘) vote, award the contract at Two Hundred Twelve Thousand Five Hundred ($212,500.00) Dollars or less, or the current amount set in Section 22304, subdivision (f) of the Public Contract Code, as amended from time to time, to the lowest responsible bidder, if it determines the cost estimate of the County was reasonable.

(c)

Formal Bidding: Formal bidding shall be conducted pursuant to Public Contract Code Section 22037 for public projects, as defined by the Uniform Public Construction Cost Accounting Act, in excess of Two Hundred Thousand ($200,000.00) Dollars), or the current amount set in Section 22302, subdivision (c) of the Public Contract Code, as amended from time to time.

(d)

Contracts for "maintenance work," as defined in Public Contract Code Section 22002, or contracts for any other work which does not fall within the definition of "public project" set forth in said section, may be let using the bidding procedures set forth in this ordinance, at the County's discretion.

(e)

As an alternative to formal or informal bidding, the County may utilize the California Multiple Award Schedule (MSA), other related programs administered by the State of California, or other Local, State or Federal bidding process that substantially comply with the provisions of this section.

(Ord. No. 10-06, § II, 5-4-2010; Ord. No. 15-17, § I, 12-8-2015; Ord. No. 19-01, § I, 1-8-2019; Ord. No. 19- 13, § XIII, 11-5-2019)

A.

Alternate Procedure Established. There is hereby established a procedure alternative to that required by the provisions of Sections 25526 through 25535 of the California Government Code with the respect to the lease or license of real property belonging to the County.

For purposes of this section the term "lease" shall mean lease or license.

B.

Alternative Procedure for Leasing County Realty. The Purchasing Agent or Purchasing Agent's designee is authorized to post a call for bids for a lease of real property in at least three (3) public places for not less than fifteen (15) days and to publish the same for not less than two (2) weeks in a newspaper of general circulation published in the County. Such call for bids shall contain a description of the property to be leased and the minimum acceptable terms of the lease. The Board of Supervisors shall either accept the highest proposal for lease submitted in response to the call for bids or reject all bids. If a proposal is accepted, a lease shall be in writing and shall be approved as to form by the County Counsel.

C.

Exception for Small Leases of Limited Duration.

(1)

Leases of a duration not exceeding ten (10) years and having an estimated monthly rental not exceeding Ten Thousand ($10,000.00) Dollars may be excluded from the bidding procedure specified in subsection B of this section, except that notice shall be given pursuant to Section 6061 of the Government Code, posted in the office of the Clerk of the Board of Supervisors, and if the lease involves residential property, notice shall be given to the housing sponsors, as defined by Sections 50074 and 50074.5 of the Health and Safety Code. 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. If a lease is excluded from the bidding procedure, the actual monthly rental in the executed lease shall not exceed Ten Thousand ($10,000.00) Dollars per month, and the term of the executed lease shall not exceed ten (10) years and the lease is not renewable.

(2)

The Purchasing Agent or Purchasing Agent's designee may execute leases pursuant to this subsection and shall negotiate the terms of the lease in the name of the County. In accordance with Section 25537 of the Government Code, the authority granted to the Purchasing Agent by this section shall expire on July 3, 2023.

(3)

Supervisorial District Notice. The Purchasing Agent or Purchasing Agent's designee shall provide a notice to the Supervisor of the district in which the property proposed to be licensed is located at least five (5) working days prior to execution of the license. The notice shall describe the property proposed to be licensed, the terms and conditions of the license, and the name of the proposed licensee. If the Supervisor has not responded in writing objecting to the proposed license within five (5) working days after the notice has been provided, the proposed license shall be deemed approved by the supervisorial district office. If the supervisorial district office objects to the proposed license in writing within five (5) working days, the license may be submitted for approval by the Board of Supervisors at a regular meeting.

(4)

Notice Upon Written Request. Notice pursuant to this subsection shall also be mailed or delivered at least fifteen (15) days prior to accepting offers to lease pursuant to this subsection 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.

(5)

Subsections A through C shall be subject to Section 25537 of the Government Code, as amended from time to time, or any successor statute as amended from time to time.

(Ord. No. 18-03, § I, 7-3-2018)

A.

The following definitions apply to this section:

"Electronic record" has the same meaning as in section 1633.2 of the California Civil Code.

"Electronic signature" has the same meaning as in section 1633.2 of the California Civil Code.

"Digital signature" has the same meaning as in section 16.5 of the California Government Code.

"UETA" means the Uniform Electronic Transactions Act, commencing at section 1633.1 of the California Civil Code.

B.

In any transaction or communication with the County for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

When a signature is required, the parties may agree that either:

a.

An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

b.

A digital signature satisfies that requirement, if it is in accordance with section 16.5 of the California Government Code.

C.

This section is intended to enable the County to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the County's ability to use electronic

records, electronic signatures, or digital signatures in any way.

(Ord. No. 20-12, § I, 7-7-2020)