Trinity County Municipal Code Ch. 3.08 Purchasing

The purpose of this chapter is to adopt policies and procedures governing purchases of materials, supplies, furnishings, equipment, and contractual services by the county, in accordance with the various provisions of state law. This chapter is not intended to conflict with applicable provisions of state law and shall be interpreted as supplementary thereto.

(Ord. 1242 §1 (part), 2000)

As used in this chapter:

"Contractual services" means any and all telephone and gas services; the rental of equipment and machinery; insurance; the services of attorneys, physicians, contractors, 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 services which are required by the county government but not furnished by its own employees.

"Emergency" means an unforeseeable event or circumstances which result in personal injury or property damage, or the risk of personal injury or property damage, or result in potential liability to the county if immediate action is not taken.

"Local bidder" means a firm or individual with fixed offices authorized to do business and doing business within the boundaries of Trinity County, subject to Trinity County taxes, and who will perform the contracted work using employees, the majority of whom will be physically located in or working out of local offices. "Local bidders" shall have a Trinity County business street address; post office box, numbers or residential addresses may not be used solely to acquire such status.

"Public projects" means those activities as defined in California Public Contract Code Section 20150.2.

"Purchasing agent" means the county administrative officer, or his or her designee.

"Supplies," "materials" and "equipment" means any and all articles, materials or things which shall be furnished to, or used by, any county department.

(Ord. 1252 §1, 2001; Ord. 1242 §1 (part), 2000)

(Ord. No. 1303, § 1, 1-16-07)

The county administrative officer is hereby designated the primary purchasing agent for the county. The directors of transportation and building and development services are hereby designated as assistant purchasing agents with authority to approve vehicle and equipment repairs and purchase parts, materials, supplies, fuel and lubricants for the operation of the county's fleet of vehicles and equipment. All contracts for services to the county shall be routed for approval by the county administrative officer and county auditor. contracts shall be routed for approval by the county counsel at the discretion of the county administrative officer.

(Ord. 1261 §3, 2002: Ord. 1242 §1(part), 2002)

(Ord. No. 1303, § 2, 1-16-07; Ord. No. 1312, § 1, 2-3-09)

A. The purchasing agent shall have the authority to enter into contracts without the prior approval of the board of supervisors for the following:

1. Purchase for the county and its offices all materials, supplies, furnishings, equipment, and other personal property, when the contract does not exceed twenty-five thousand dollars;

2. Rent for the county and its office, furnishings and equipment, when the monthly rent under the lease does not exceed one thousand dollars per month;

3. Lease real property for county use for monthly rent not to exceed two thousand five hundred dollars per month;

4. To engage independent contractors to perform services for the county or county officers, with or without furnishing materials, when the cost does not exceed twenty-five thousand dollars;

5. Revenue agreements that do not exceed twenty-five thousand dollars, including leases of county property;

6. Amendments to all agreements in excess of twenty-five thousand dollars, provided the amendment does not increase the maximum fiscal impact of the agreement, and the item being amended involves a time extension, name change of contractor, or other amendment that does not materially change the scope of work.

(Ord. 1242 §1 (part), 2000)

(Ord. No. 1303, § 3, 1-16-07; Ord. No. 1312, § 2, 2-3-09)

Each department head, or his or her designee, is authorized to purchase supplies, materials and equipment for his or her department when the aggregate of the items ordered from a vendor does not exceed three thousand dollars.

(Ord. 1261 §1, 2002: Ord. 1242 §1 (part), 2000)

(Ord. No. 1303, § 4, 1-16-07)

A. Pursuant to California Public Contract Code section 20409, the county road commissioner is authorized to employ workmen, purchase materials, equipment, tools, and appliances for such work as is necessary to construct or maintain bridges and to keep them in repair, without advertising for bids as required by sections 20402, 20403, and 20404, provided that all such contracts are within the budget approved by the board of supervisors for road purposes and that all such contracts for services be routed for approval by the county administrative officer, county auditor and county counsel.

B. Pursuant to California Contract Code section 20395, the county road commissioner is authorized to have any work upon county highways performed under his or her supervision in any of the following ways, provided all such contracts are within the budget approved by the board of supervisors, for road purposes and all contracts providing for services, under this section, be routed for approval by the county administrative officer, county auditor and county counsel.

1. By contracting for both the work and material with the lowest responsible bidder, provided that the contract does not exceed twenty-five thousand dollars.

2. By entering into separate contracts, one for the purchase of materials and another for the performance of work, provided that each contract does not exceed twenty-five thousand dollars or is a line item in the budget approved by the board of supervisors, regardless of the amount. In that events, the materials shall be bought at the lowest possible cost and the contract for the work shall be awarded to the lowest responsible bidder.

3. By purchasing the material and having the work performed by county employees, in which case advertising for bids is not required.

4. By executing changes for any contract in an amount not to exceed five thousand dollars for contracts of fifty thousand dollars or less, or ten percent for contracts over fifty thousand dollars, but not to exceed two hundred fifty thousand dollars. In no event shall any change exceed a total addition of twenty-five thousand dollars. For contracts whose original cost exceed two hundred fifty thousand dollars, the extra cost of any change or addition to the work so ordered shall not exceed twenty-five thousand dollars, plus five percent of the amount of the original contract cost in excess of two hundred fifty thousand dollars. In no event shall any change or alteration exceed one hundred fifty thousand dollars. All changes shall be in the form of a contract amendment and shall be approved in advance by the county administrative officer, county counsel and county auditor.

5. By purchasing material and entering a contract for work, or entering a contract covering both work and material, without advertising for bids, when the estimated cost of emergency work necessitated by the imminence or occurrence of a landslide, flood, storm damage or other emergency exceeds twenty-five thousand dollars and the public interest and necessity demand immediate action to safeguard life, health or property.

(Ord. 1261 §2, 2002)

(Ord. No. 1303, § 5, 1-16-07)

Bidding procedures for public projects shall comply with California Public Contract Code Division 2, Article 3.6, commencing with Section 20150.

(Ord. 1242 §1 (part), 2000)

A. All contracts for services shall be approved as to form by the county administrative officer, county auditor, and county counsel.

B. All purchases shall be made at the most favorable price for the county, consistent with efficient operation of county government.

C. Whenever practical, purchases shall secure competitive bids, proposals, or quotations before making purchases as provided in this section. All purchases of data processing equipment shall be approved in advance by the head of information technology.

(Ord. No. 1303, § 6, 1-16-07)

Emergency purchases may be made by a department head when the service, supplies, or equipment so purchased are necessary for the execution of the proper functioning of that department and where delay occasioned by the competitive procurement procedures set forth in this chapter would be disadvantageous to the county. Such emergency purchases and contracts for services, where they exceed six thousand dollars shall be submitted to the board of supervisors for ratification at the next board meeting following the purchase or contractual event.

(Ord. 1242 §1 (part), 2000)

Notwithstanding the policy for making all purchases at the most favorable price for the county consistent with efficient operation of county government, a five percent bid preference shall be given to local responsible bidders who submit responsive bids in all situations where such a preference is not prohibited by law. Preference to local bidders is for the purpose of increasing economic development within the county, which generates more tax revenue, and contributes to the economic health of the county.

(Ord. 1242 §1 (part), 2000)

(Ord. No. 1298, § 1, 9-19-06; Ord. No. 1303, § 7, 1-16-07)

No purchases shall be made, and no contracts shall be entered for services or materials, which would require the expenditure of funds not included within the budget for the county department for which the supplies, materials, or services are being purchased, unless the approval of the board of supervisors is first obtained.

(Ord. 1242 § 1 (part), 2000)

The provisions of this chapter shall not apply to contracts for the purchase of the following:

A. Reserved;

B. Printing of legal briefs or legal notices;

C. Court reporter services or transcripts;

D. Election supplies;

E. Services for experts services to the office of the district attorney or sheriff, or county sheriff;

F. Other services which by law the county officer or body is specifically authorized in obtaining.

(Ord. 1242 § 1 (part), 2000)

(Ord. No. 1303, § 8, 1-16-07)

The solicitation or acceptance of any gratuity in the form of cash, merchandise, or any other things of value by an official or employee of the county from a vendor or contractor, or prospective vendor or contractor, is a criminal offense and shall be cause for disciplinary action.

(Ord. 1242 § 1 (part), 2000)