Chapter 2.32
PURCHASING AGENT AND PURCHASING
Sections:
2.32.040 Purchasing procedure.
2.32.041 Conflict of interest.
2.32.042 Local preference policy.
2.32.060 Application of general bidding requirements.
2.32.080 Written contracts required.
2.32.110 Requests for proposals.
2.32.120 Disposal of surplus personal property.
Prior legislation: Ords. 557, 637 and 693.
2.32.010 Applicability.
Excepting any public projects defined by California Public Contract Code Section 22002 and addressed in Chapter 2.18 of this code, this chapter addresses the procurement of supplies, materials, equipment, products and services by the county of Alpine. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.020 Office established.
Pursuant to Section 25500 et seq. of the Government Code of the state of California and consistent with the provisions of Section 2.32.040 of this code, the office of purchasing agent is established and consolidated with the office of county administrative officer/finance director. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.030 General duties.
The purchasing agent shall have the duties and powers prescribed by the laws of the state of California relating to county purchasing agents, by this chapter, and by resolutions of the board of supervisors. The purchasing agent shall be the head of the purchasing department of the county and shall establish policies and procedures to be utilized by the purchasing department. The purchasing agent may appoint deputies and assistants as necessary to improve the efficiency of county purchasing, including the appointment of department heads and county officers as such deputies and assistants. Department heads so appointed may delegate the authority to one or more deputies, assistants or employees within the department by filing a written authorization with the purchasing agent. The purchasing agent shall designate the limit of authorization for each deputy and/or assistant so assigned, not to exceed fifty thousand dollars per county department. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.040 Purchasing procedure.
A. All purchases, rentals, and contracts shall be written or confirmed in writing. The deputies and assistants appointed by the purchasing agent or department head may make purchases, order materials and supplies, and contract for services for the county of Alpine. The deputies and assistants shall follow the policies and procedures established by the purchasing agent, including the use of forms developed as part of those policies and procedures.
B. The head of any county department is authorized to purchase and submit claim forms for completed purchases for their department only in accordance with current budget allocations. No purchases shall be made and no contracts shall be entered into 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 and until appropriated budget adjustments are made by the finance department or upon approval of the board of supervisors.
C. Departments must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences in the evaluation of bids and proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.
D. All purchases shall be completed competitively and prudently. Departments shall not split or divide purchases to constitute a purchase under approved limits (aggregate costs) or to circumvent any bidding requirements.
E. The word “aggregate” wherever used in this chapter shall mean assembling or forming differing parts or components or separate services to accomplish a single purpose or outcome. Departments must avoid acquisitions of unnecessary or duplicative items.
F. The chief administrative officer/purchasing agent shall retain the authority to review any acquisitions, commitments and/or contracts for all departments to ensure compliance with all purchasing requirements and may revoke any delegation of authority of purchasing agent powers at any time and in his/her sole discretion.
G. De minimis purchases of three thousand dollars or less shall be completed on invoice only and all department heads shall maintain all invoices so as to facilitate tracking and retrieval.
H. The county shall not discriminate in the award of contracts, and will ensure that minority businesses, women’s business enterprises, and surplus area firms are used whenever possible. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.041 Conflict of interest.
No employee, officer or agent of the county may participate in the selection, award, or administration of a contract supported by a federal, state, or local award if he or she has a real, apparent or perceived conflict of interest. A conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, partner or an organization which employs or is about to employ any of the parties indicated herein has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts.
Suspected or observed violations of this policy must be promptly reported to the respective department manager or higher level of authority in the organization and may result in disciplinary action, pursuant to the county’s disciplinary procedures. (Ord. 726 § 1 (part), 2018)
2.32.042 Local preference policy.
In a formal solicitation of goods or services, the county shall give local businesses the preference described below.
“Local business” means a lawful business with a physical address and meaningful production capability located within the boundary of the county of Alpine. The term “production capability” means sales, marketing, manufacturing, services, provision of services, or research and development capability that substantially and directly enhances the firm’s or bidder’s ability to perform the proposed contract. Agencies/departments should work with county counsel to determine whether the business has meaningful production capability within the county. Post office box numbers, residential addresses, a local sales office without any support and/or a local subcontractor hired by the contractor may not be used as the sole basis for establishing status as a local business.
In the procurement of goods or services using an invitation to bid or another solicitation method in which price is the determining factor for award of the contract, five percent shall be subtracted from a bid submitted by a responsive and responsible local business in determining the lowest responsive responsible bidder. If application of the five percent discount results in a local business bid being lower than the nonlocal business bid, the contract award shall be made to the local business at the local business’s original bid price. If after applying the five percent discount, two or more competing vendors have bid the same price, local businesses shall be given preference.
In the procurement of goods or services in which best value is the determining basis for award of the contract – for example, a request for proposals – five percent of the total points awardable will be added to the local business score.
When a contract for goods or services, as defined in this policy, is presented to the board for approval, the accompanying transmittal document shall include a statement as to whether the proposed vendor is a local business, and whether the application of the local preference policy was a decisive factor in the award of the proposed contract. The local preference policy may only be applied based on the entity submitting a bid or proposal and not a subcontractor or business partner.
This local business preference shall not apply to the following:
A. Public works contracts;
B. Where such a preference is precluded by local, state, or federal law or regulation;
C. Contracts funded in whole or in part by a donation or gift to the county where the special conditions attached to the donation or gift prohibits or conflicts with this preference policy. The donation or gift must be approved or accepted by the board in accordance with county policy; or
D. Contracts exempt from solicitation requirements in accordance with board policy, state law, and/or this code. (Ord. 730 § 2, 2019)
2.32.050 Competitive bidding.
A. Equipment, Products and Supplies. Except as otherwise provided by ordinance or general law, equipment, products and/or supplies may be acquired as follows:
1. If the aggregate cost of acquisition does not exceed twenty-five thousand dollars, the purchasing agent, or designated deputy or assistant, may purchase, lease, or rent for the county of Alpine equipment, products, and supplies without notice, advertisement, or the securing of competitive bids or quotations.
2. If the aggregate cost of acquisition exceeds twenty-five thousand dollars, but does not exceed fifty thousand dollars, acquisition is subject to the requirements of Section 2.32.110 of this code and shall require approval from the purchasing agent.
3. Purchases, leases, or the rental of equipment and products where the aggregate cost exceeds fifty thousand dollars shall be subject to the requirements of Section 2.32.070 of this code. The board of supervisors, by a four-fifths vote, may determine, in each case, that such a purchase is exempt from competitive bidding upon a finding that such process is futile, or may not be completed within required time constraints or in the best interest of the county or when it is deemed in the public interest to waive the provisions of Section 2.32.070. For the purposes of this section, approval of the contract without compliance with Section 2.32.070 shall be deemed sufficient evidence of the board of supervisors having made such findings.
4. Monetary amounts listed above for either designated deputy or assistant purchasing agent purchases or those purchases requiring the use of requests for proposals may be increased as deemed necessary by resolution of the board of supervisors.
B. Services. Except as otherwise provided by ordinance or general law, services may be acquired as follows:
1. Where the aggregate costs of a service or services does not exceed twenty-five thousand dollars, the purchasing agent or designated deputy or assistant may engage independent contractors, other agencies or organizations to perform services for the county with or without the furnishing of material, without notice, advertisement, or the securing of competitive bids or quotations.
2. Acquisition of services for the county at an aggregate cost exceeding twenty-five thousand dollars but not exceeding fifty thousand dollars shall require approval from the purchasing agent.
3. Acquisition of services for the county at an aggregate cost exceeding fifty thousand dollars shall require approval of the board of supervisors and be subject to the requirements of Section 2.32.110 of this code. Upon findings by the board of supervisors, by a four-fifths vote, that the county’s or the public interest necessitates contracting for such a service without compliance with Section 2.32.110, then such service may be obtained without such requirements. For the purposes of this section, approval of a contract for services by the board of supervisors shall be deemed sufficient evidence of the board of supervisors having made such a finding.
4. Monetary amounts listed above for either designated deputy or assistant purchasing agent purchases or those purchases requiring the use of requests for proposals may be increased as deemed necessary by resolution of the board of supervisors.
C. Government Code Section 31000. If the professional services described in subsection B of this section are to be provided by any professional described in Government Code Section 31000, or as provided herein to include environmental, land survey and construction management, the contract shall be awarded on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
1. If the annual aggregate cost, during any fiscal year, does not exceed the amount stated in Section 25502.3 of the California Government Code (fifty thousand dollars adjusted annually by the CPI), the purchasing agent may engage independent contractors to perform services for the county and the offices thereof without the approval of the board of supervisors. If the aggregate cost is in excess of such amount, the agreement shall be submitted to the board of supervisors for approval. Annual aggregate cost limits shall not prohibit the acquisition of services or supplies which are ongoing in nature and expectancy.
2. The community development director may, with approval of the purchasing agent, solicit firms and independent contractors to submit proposals for services to the county for the purpose of assessing qualifications and establishing a list of contractors for each profession or field of specialty described in Government Code Section 31000. The community development director may select contractors from an established list to perform services for the county of Alpine as needed subject to subsection (C)(1) of this section.
3. County employees shall fully comply with Government Code Sections 1090 and
87100 in the selection of any person, entity, company, firm or agency to provide products or services to the county of Alpine. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.060 Application of general bidding requirements.
A. In those cases where competitive bidding for materials, supplies, equipment, products or services is required by statute, local rule or ordinance and in those cases in which it is determined that competitive bidding, although not mandatory, is nevertheless desired, the provisions hereinafter set forth shall apply unless an exception is made by the board of supervisors as the result of a specific application to the board for that purpose. For the purposes of this section, approval of the contract for the purchase, lease or rental by the board of supervisors shall be deemed sufficient evidence of the board of supervisors having made such a finding.
B. Bidding requirements in addition to those hereinafter set forth may be required in certain cases such as the disposal of surplus real property as contemplated by Government Code Section 54222 or surplus personal property pursuant to Government Code Section 25363. The rules hereinafter set forth, which are minimum requirements, are in addition to and not in lieu of all applicable state, federal, and Alpine County rules, regulations, policies and ordinances. This chapter applies to both purchases and sales by the county of Alpine. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.070 Bidding procedure.
For purchases requiring a formal bidding process, the following procedures shall be followed:
A. Notice Inviting Bids. The officer or employee conducting the bidding process shall prepare or direct the preparation of a notice inviting bids. The notice shall include a general description of the items to be purchased or the services to be provided and shall state where specifications may be secured as well as the date, time and place for opening bids. The notice shall also contain the language of Sections 2.32.090 and 2.32.100, verbatim. In addition, if the notice seeks architectural design services requiring an expenditure in excess of twenty-five thousand dollars, the notice shall also include, in bold type, a disclosure that the contracting architect may be required to indemnify and hold harmless the county of Alpine against any and all liability, whether or not caused by the activity of the contracting architect.
1. Published Notice. The notice inviting bids shall be published at least ten days before the date of opening of the bids once in a newspaper of general circulation distributed in Alpine County.
2. Additional Notice. The officer or employee conducting the bidding process shall also solicit or direct the solicitation of sealed bids from responsible prospective suppliers including any who have made written requests that they be informed of the intent to purchase such equipment or products. A display advertisement of appropriate size in a local newspaper also shall be used when the purchasing agent determines that it is likely the general public will be interested in the subject matter of the notice.
3. Unit Prices. The notice inviting bids shall state that unit prices shall be shown on bids submitted as well as a total price for each item bid upon.
4. Contents. The notice inviting bids shall state that bids will be required to set forth the price of the items bid upon, the total sales and use taxes that will be due on the purchase or use of the items bid upon and a total figure for the price plus tax. Any difference between the taxes shown on the bid as the total figure and that actually due shall be the responsibility of the bidder and the notice inviting bids shall so state.
5. Fees, Expenses and Extras. The notice inviting bids shall state that no charge for delivery, shipping, parcel post, packing, insurance, license fees, permits or for any other purpose will be paid by the county of Alpine unless expressly included and itemized in the bid.
6. Discounts. The notice inviting bids shall state that in connection with any discount offered, time will be computed from the date of delivery of supplies, equipment or product acceptable to the county of Alpine, or from the date correct invoices are received in the office of the officer or employee conducting the bidding process if the latter date is later than the date of delivery. Payment will be deemed to be made, for the purpose of earning the discount, on the date of the mailing of Alpine County’s warrant.
7. County Counsel Review. Prior to publishing the notice inviting bids or soliciting sealed bids, the officer or employee conducting the bidding process shall submit to the county counsel’s office for review and shall obtain approval of the notice inviting bids.
B. Bid Opening. Bids shall be opened by the officer or employee conducting the bidding process, or his/her designee, in public in the Alpine County board room, or at a location designated in the notice inviting formal bids, at the time stated in the public notice. The officer or employee conducting the bidding process shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period not less than fifteen calendar days after the bid opening. Bids and modifications or corrections thereof received after the closing time specified will not be considered.
C. Award of Bids. The county clerk or designated officer or employee conducting the bidding procedure shall present the bid tabulation to the board of supervisors or its designee for consideration and award, if deemed appropriate. The contract shall be awarded to the lowest responsible bidder. The board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.080 Written contracts required.
Purchases made pursuant to these bidding requirements shall be by written contract with the bidder chosen as a consequence of following these bidding procedures. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.090 Rejection of bids.
In its discretion, the Alpine County board of supervisors or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids. Similarly, the board of supervisors or its designee reserves the right to waive informalities and minor irregularities in any bids received. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.100 Tie bids.
If two or more bids received are for the same total amount or unit price, quality and service being equal, the board of supervisors or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.110 Requests for proposals.
When the cost of supplies, equipment, products and services is in excess of twenty-five thousand dollars, the procurement is subject to the RFP process. Any request for proposals for the provision of such supplies shall provide specific procedural details for a compliant response. The RFP may also reserve the right to negotiate directly with any responding party and award a contract/MOU based on other criteria than price. Prior to publishing, the request for proposal shall be submitted to the county counsel’s office for review and approval. The acquisition of services in excess of twenty-five thousand dollars shall be by written agreement, memorandum of understanding or contract. For the purposes of this section, a purchase order will not satisfy the requirement of a written agreement. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)
2.32.120 Disposal of surplus personal property.
A. Surplus property shall be disposed of pursuant to California Government Code Section 25504. Any notice required for the sale or disposal of surplus property shall be provided as required by Government Code Section 6061.
B. “Surplus property” is defined as property which is no longer used or of use to the county, or property without any value. (Ord. 726 § 1 (part), 2018: Ord. 714 § 1 (part), 2015)