Tehama Municipal Code Ch. 4.24 Purchase of Supplies, Equipment and Contractual Services

The words and terms defined in this section shall have the following meanings in the ordinance codified in this chapter and in any other ordinances setting forth policies and procedures governing purchases of supplies and equipment for any department or office of the county.

A. "Budget unit" shall mean any office, department, special district or other organization unit within the county government which has budget appropriations approved by the board of supervisors and whose expenditures are under the control of the board of supervisors.

B. "Contractual services" shall mean 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 services are required by the county government but not furnished by its own employees.

C. "Emergency," as used in this chapter, shall mean any condition which would cause or be likely to cause injury to persons or loss of life, substantial damage to property, public or private, or which would substantially interfere with the normal operations of county government thereby causing increased expense to the county.

D. "Local vendor" shall mean a firm or individual who regularly maintains a place of business in, transacts business in, and maintains an inventory of merchandise for sale in, the county.

E. "Utility services" shall mean any and all gas, water, electric and power services.

F. "Fixed asset" shall mean any singular equipment purchase with a total acquisition cost equal to or greater than five thousand dollars. The total acquisition cost shall include purchase price, taxes, shipping costs, set up costs and any other cost or fee necessary to bring the fixed asset into service.

(Ord. 1906 § 2, 2008)

(Ord. No. 2106, § 2, 6-8-2021)

The purchasing agent of the county shall be appointed by the board of supervisors and shall have such powers and duties as are described in Article 7, Chapter 5, Part 2, Division 2, Title 3 of the Government Code of the state commencing with Section 25500.

(Ord. 1665 § 2(part), 1996)

The purchasing agent may appoint deputy purchasing agents to assist in the performance of their duties when the appointee possesses special knowledge or qualifications for purchasing any type of county services or supplies.

(Ord. 1665 § 2(part), 1996)

(Ord. No. 2125, § 1, 12-13-2022)

No department of county government may make any singular purchase, excluding those for services, at a cost of more than two thousand five hundred dollars without the prior approval of the purchasing agent according to the provisions of Section 4.24.020.

(Ord. 1906 § 4, 2008)

(Ord. No. 2106, § 2, 6-8-2021)

The purchasing agent may authorize a department head to purchase county supplies at a cost of more than two thousand five hundred dollars on the open market when the purchasing agent finds that such method of purchasing is economically beneficial to the county or is necessary because of the time within which the supplies are needed.

(Ord. 1906 § 6, 2008)

(Ord. No. 2106, § 2, 6-8-2021)

The purchasing agent shall establish the procedure for requesting and granting or denying approval of purchases at a cost of more than two thousand five hundred dollars and shall make said procedures known to the departments of county government.

(Ord. 1665 § 2(part), 1996)

(Ord. No. 2106, § 2, 6-8-2021)

The board of supervisors hereby authorizes the purchasing agent to make purchases of equipment, supplies or materials in the amount of fifty thousand dollars or less. All budget units are responsible for coordinating with the purchasing agent to make purchases at the most favorable price for the county.

(Ord. 1665 § 2(part), 1996)

(Ord. No. 1956, §§ 1, 2, 6-14-2011; Ord. No. 2125, § 1, 12-13-2022)

The annual fiscal bid awards may be made by the purchasing agent and confirmed by the issuance of a blanket purchase order which shall be used by all county departments for the products and/or services specified during the period indicated on the purchase order.

(Ord. 1665 § 2(part), 1996)

A. When the amount of a proposed capital expenditure is estimated to exceed fifty thousand dollars, the purchasing authority of each budget unit shall submit simultaneously:

1. To the board of supervisors, and to the purchasing agent, a written request for approval of said purchase. The request shall contain statements of justification for the board's consideration. If the purchasing authority of the budget unit is requesting a waiver of the bidding process, the written request shall include the basis for the finding that bidding procedures would not be in the best interest of the people.

2. To the clerk of the board, complete specifications, plans and details or other data that would be used by the board in its determinations and that would subsequently be used in soliciting competitive bidding. The board, shall upon approval of the purchase, either:

a. Instruct the purchasing agent to proceed with bidding procedures and authorize the purchasing agent to award the bid to the lowest responsive bidder, or

b. Make a finding and record it in the minutes of the board that bidding procedures would not be in the best interest of the people.

B. Upon award of a bid or acceptance of a contract, the purchasing agent shall issue a properly prepared purchase order covering said purchase and forward same to the auditor and mail, deliver or otherwise transmit the original or a facsimile to the vendor or contractor. An award may not be made without board approved budget appropriations in place.

C. The method and extent of bidding procedures and/or public notice, either published or otherwise, shall be prescribed by the board. All bids shall be submitted sealed to the purchasing agent, unless otherwise allowed by bidding instructions. The board may reject any and all bids for any or all supplies or equipment. The board may waive any irregularity in submitting bids where it feels that the public interest would not be affected thereby. A tabulation of all bids received, whether accepted or rejected, shall be open for public inspection for a period of not less than thirty days after the bid opening. In all cases, the awarding shall be made by the board to the lowest responsible bidder. The board shall take into consideration the quality offered, its conformity with specifications, the delivery and discount terms and conditions of the bid, and other information and data required to prove the bidder's responsibility.

(Ord. 1665 §2(part), 1996)

(Ord. No. 1956, §§ 3, 4, 6-14-2011; Ord. No. 2106, § 2, 6-8-2021; Ord. No. 2125, § 1, 12-13-2022)

A. For purposes of this section, "local business" means a business enterprise, including but not limited to a sole proprietorship, limited liability company, partnership, or corporation, that meets all of the following criteria:

1. Has its principal business office, or a satellite office with at least one full-time employee, physically located within incorporated or unincorporated area of the County of Tehama; and

2. Holds a valid business license issued by a jurisdiction in Tehama County, if located in a jurisdiction that issues business licenses; and

3. Has been in operation, transacting business in the county, for a minimum of six months prior to publication of the invitation for bids; and

4. Is not delinquent in the payment of any taxes, charges or assessments owing to the county or incorporated city within the county;

B. Where competitive bidding is utilized pursuant to Section 4.24.080, and the lowest responsible bidder is not a local business, any responsible local business bidder that submitted a responsive bid which was within five percent of the lowest bid shall have the option of submitting a new bid within three business days after the bid opening. It is the responsibility of the local business to verify the bid results by contacting the purchasing agent. Such new bids must be in an amount less than or equal to the lowest bid. If the county receives any such new bids from local business bidders who have the option of submitting new bids hereunder, it shall award the contract to the local business submitting the lowest responsive bid. If no new bids are received, the award shall be made to the original low bidder.

C. In instances where a local business and a non-local business submit equivalent, lowest responsive bids, the board shall give preference to the local business.

D. No contract awarded to a local business under this section shall be assigned or subcontracted in any manner that permits more than fifty percent of the dollar value of the contract to be performed by an entity that is not a local business.

E. Any bidder claiming to be a local business as defined above shall so certify under penalty of perjury in its bid, on a form to be provided by the county. The board of supervisors shall have sole discretion to determine if a bidder meets the definition of local business.

F. The county is not responsible for the failure of any person or business to qualify as a local business, or the failure of any local business to timely submit a new bid when authorized under this section.

G. This section shall not apply to contracts required by state or federal statute or regulation to be awarded to the "lowest responsible bidder," or otherwise exempted from local preference.

(Ord. No. 1959, § 1, 8-2-2011)

The board hereby authorizes the auditor to approve expenditures and issue warrants for utility services and repairs in amounts as budgeted and approved in the final budget document.

(Ord. 1665 §2(part), 1996)

The board of supervisors hereby authorizes the purchasing agent to approve agreements for contractual services in the amount of fifty thousand dollars or less, except that this amount shall be adjusted annually by any annual increase in the California Consumer Price Index pursuant to California Government Code § 25502.3. All budget units are responsible to coordinate with the purchasing agent to develop agreements at the most favorable price for the county.

(Ord. 1756 § 2, 2001: Ord. 1665 §2(part), 1996)

(Ord. No. 1956, §§ 5, 6, 6-14-2011; Ord. No. 2125, § 1, 12-13-2022)

Before a department enters into an agreement for other types of contractual services in excess of twenty-five thousand dollars or not otherwise approved by the purchasing agent, except for those contractual services which are county charges such as expert witness fees, the cost of defense counsel, and the like, said agreement shall be submitted to the board of supervisors for its approval.

(Ord. 1665 §2(part), 1996)

(Ord. No. 1956, §§ 7, 8, 6-14-2011)

In determining whether or not the public interest would be served by not requiring competitive bidding, the board or purchasing agent may consider any of the following factors:

A. Where the equipment being purchased is the same as that being used and there is no other equipment of substantially the same kind available;

B. Where there is only one supplier who can feasibly supply the county with equipment that is needed. The board may take into consideration factors where the equipment to be purchased would be considered with like equipment owned by the county in determining whether or not there is more than one available supplier.

(Ord. 1665 §2(part), 1996)

The acceptance of any gratuity in the form of cash, merchandise, or any other living thing of value by an official or employee of the county from a vendor or contractor, or prospective vendor or contractor, shall be cause for disciplinary action.

(Ord. 1665 §2(part), 1996)

Except as otherwise provided by law, no purchases of supplies, equipment or contractual services shall be made in excess of the amount of the appropriations allowed by the budget.

(Ord. 1665 §2(part), 1996)

Notwithstanding the provisions in Sections 4.24.080 and 4.24.100, the board of supervisors hereby authorizes the director of public works to make purchases of materials, supplies, equipment and rentals, and to approve agreements for contractual services for a road or bridge construction project in the amount of twenty five thousand dollars or less whenever the Director of Public Works has been authorized to construct that road or bridge project pursuant to the provisions of Sections 20395 or 20409 of the Public Contract Code of the State of California.

(Ord. 1758 § 1, 2001)

Public projects, as defined in 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.

(Ord. No. 2136, § 1, 7-16-2024)

The county shall comply with the requirements of Public Contract Code Section 22034.

(Ord. No. 2136, § 1, 7-16-2024)

Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be circulated using one or both of the following alternatives:

A. Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 4.24.155.

B. Notices inviting informal bids may be mailed 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 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.

(Ord. No. 2136, § 1, 7-16-2024)

The board of supervisors shall award contracts pursuant to the Uniform Construction Cost Account Act; however the purchasing agent is authorized to award contracts pursuant to this act within the amounts authorized by the board of supervisors under Section 4.24.095.

(Ord. No. 2136, § 1, 7-16-2024)