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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER VI. PURCHASING

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER VI.
PURCHASING

Sec. A34-78. Director of Procurement; appointment.

There is in the Agency the position of Director of Procurement, who shall be appointed by the Agency Director and shall be under the supervision of the Agency Director. The Director of Procurement shall serve as the County Purchasing Agent in accordance with the provisions of the California Government Code, the California Public Contracts Code, and all other laws where the term "purchasing agent" is used as the designated County official for the activities described herein.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 1, 6-26-01)

Sec. A34-79. Purchases of supplies, material, equipment or personal property generally.

The Director of Procurement shall have the authority to purchase supplies, materials, equipment or other personal property required by any County agency, or any other public agency contracting with the County for his or her services, without notice advertisement or competitive bidding therefor, including supplies, materials or equipment required for the construction or repair of County roads and bridges.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 2, 6-26-01)

Sec. A34-80. Contracts for services generally.

(a) To the extent permitted by law, the Director of Procurement shall have the authority to engage independent contractors to perform services for the County agencies, or any other public agency contracting with the County for such Director of Procurement services, with or without the furnishing of material, where the aggregate cost does not exceed $100,000.00; where labor union contracts include meet and confer rights for contracts in excess of $25,000.00, all provisions of the labor union contract shall be followed, and if the parties do not reach agreement, such contracts between $25,000.00 and $100,000.00 shall be agendized for consideration by the Board of Supervisors before action can be taken. For the purposes of this section, "aggregate cost" shall mean the aggregate cost for services rendered by the contractor to a single budget unit of the County.

(b) In addition to the authority set forth in the Government Code and elsewhere in this division, the Director of Procurement shall have the authority to enter into or renew a contract with the same contractor for the same type of services in subsequent fiscal years, notwithstanding the fact that the cumulative contract value will then exceed $100,000.00, if the contract maximum for any single fiscal year does not exceed $100,000.00 and the approval is in conformance with all applicable Board of Supervisors policies regarding contracts.

(c) In addition to the authority set forth in the Government Code and elsewhere in this division, the Director of Procurement shall have the authority to enter into or renew any contract which meets all of the following conditions:

(i) The contract is for services directly related to a current or past acquisition by the purchasing manager of one or more technology products;

(ii) The total dollar amount of the services to be provided under the contract, including any amendments or option(s) which may be later exercised, does not exceed $500,000.00 per fiscal year; and

(iii) The contract has been approved as to form and legality by County Counsel.

(d) For the purposes of Subsection A34-80(c), the following terms shall having the meaning described herein:

(i) "Acquisition" means procurement by purchase, rental, or license.

(ii) "Technology product" means hardware, software, firmware, or embedded systems; or related equipment; or goods which incorporate any such items.

(iii) "Service" means installation, project management, implementation, technical consultation, maintenance, or system design.

(e) The Director of Procurement shall submit to the Board's Finance and Government Operations Committee, at the end of each fiscal year or as otherwise requested by the Committee, a report of all new or renewed contracts for services that were approved by the Director of Procurement in the preceding fiscal year.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 3, 6-26-01)

Sec. A34-81. Purchases, contracts for building construction, alteration, repair.

(a) Pursuant to Public Contract Code §§ 22032 et seq., the Director of Procurement may award contracts for public projects up to the maximum dollar amounts set forth in Public Contract Code § 22032(b) by informal procedures, with a list of contractors developed and maintained in accordance with the applicable provisions in that code and other criteria promulgated by the California Uniform Construction Cost Accounting Commission. In such case, a notice inviting informal bids shall be mailed to all contractors on the County's list of qualified contractors for the category of work being bid or to all construction trade journals as specified by the Commission or to both the listed contractors and trade journals. The Director of Procurement may also notify additional contractors and/or construction trade journals. It is understood, however, that if the list does not contain contractors qualified for the category of work to be bid, the notice inviting informal bids shall be sent only to construction trade journals specified by the Commission. It is further understood that if the project or service can only be provided by a certain contractor or contractors, or is a proprietary product or service, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(b) If the project expense is the same or less than the amount specified in Public Contract Code § 22032(a), it may be performed by County employees by force account, by negotiated contract or by purchase order.

(c) If the project expense exceeds the amount specified in Public Contract Code § 22032(b), the project will let to contract by formal bidding procedure pursuant to Public Contract Code § 22037 and will be awarded by the Board of Supervisors.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 4, 6-26-01)

Sec. A34-82. Emergency actions.

(a) Pursuant to Public Contract Code §§ 22035 and 22050, in the case of an emergency as defined in Public Contract Code § 1102 (a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services), the Board of Supervisors, pursuant to a four-fifths vote, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Before taking such action, the Board shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay for a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

(b) Pursuant to Public Contracts Code § 22050(b)(1), the County Executive or his/her designee also has the authority to order such emergency actions for any County agency or department.

(c) If the County Executive or his/her designee orders any such action that person shall report to the Board of Supervisors, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay for competitive solicitation for bids and why the action is necessary to respond to the emergency.

(d) If, pursuant to Subsection (a) above, the Board of Supervisors orders any emergency action, it shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the emergency action. If the Board of Supervisors meets weekly, it may review the emergency action in accordance with this paragraph every 14 days. If the Board of Supervisors does not award additional contracts without giving notice for bids to let contracts after the initial review date, the action is considered terminated and additional reviews are not required.

(e) If the County Executive or his/her designee orders an emergency action, the Board of Supervisors shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the County Executive or his/her designee has terminated that action prior to the Board of Supervisors reviewing the emergency action and making a determination. If the Board of Supervisors meets weekly, it may after the initial review, review the emergency action in accordance with this paragraph every 14 days. If there are no additional contracts awarded without giving notice for bids to let contracts after the date of initial review of the action by the Board of Supervisors, the emergency action is considered terminated and additional reports to the Board of Supervisors are not required.

(f) When the Board of Supervisors reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

(Ord. No. 300.644, § 2, 1-9-01)

Sec. A34-83. Storerooms and warehouses.

The County Executive may authorize the Director of Procurement to establish and maintain storerooms or warehouses for the keeping and storing of County supplies. The Director of Procurement shall keep an accurate record of all supplies in his or her control.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 5, 6-26-01)

Sec. A34-84. Director of Procurement to purchase official badges.

Upon proper requisition, the Director of Procurement shall purchase, at County expense, all official badges and necessary identifying equipment for detectives and investigators of the Office of the District Attorney, for Deputy Sheriffs, for the County's motorcycle officers and motor police, and all other insignia of other County law enforcement officers that may be necessary in the performance of their duties.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 6, 6-26-01)

Sec. A34-85. Purchases from revolving fund.

Whenever any personal property is purchased and delivered to any storeroom or warehouse operated by the Director of Procurement, and it is impracticable at the time of such purchase or delivery to properly apportion the cost thereof to a County agency, office or department, payment shall be made from the Director of Procurement's revolving fund and shall be paid by the agency, office or department as such property is received upon requisition.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 7, 6-26-01)

Sec. A34-86. Persons authorized to requisition.

The Director of Procurement shall supply the directors of the various County agencies, offices and departments with requisition forms, and shall prescribe the number of copies of such completed forms to be submitted to him or her. Authority to requisition property is vested in the director of the County agency, office, or department. Such director may delegate this authority by filing written authorization with the Director of Procurement.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 8, 6-26-01)

Sec. A34-87. Requisitions on Director of Procurement's store.

Where requisitioned property is in a storeroom or warehouse operated by the Director of Procurement, the Director of Procurement may provide the property to the requisitioning agency, office or department. At the time such property is delivered, the Director of Procurement shall obtain a receipt therefor.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 9, 6-26-01)

Sec. A34-88. Report of personal property no longer needed.

Whenever any items of personal property are no longer needed by the agency, office or department having possession thereof, such fact shall be reported to the Director of Procurement where required by, and in accordance with, procedures which may be established by the Director of the General Services Agency.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 10, 6-26-01)

Sec. A34-89. Acquisition of salvage from Director of Procurement.

Whenever an agent, office or department has need for property which has been placed in the Director of Procurement's stock for salvage materials and equipment, such agency, office or department may acquire the property by submitting a transfer request to the Director of Procurement, approved by the director of the agency, office, or department. Upon receipt of an approved request for transfer, the Director of Procurement shall make the transfer.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 11, 6-26-01)

Sec. A34-90. Disposal of personal property no longer needed.

(a) Whenever the Director of Procurement determines that any items of personal property belonging to the County are no longer required for public use, such items shall be sold or otherwise disposed of in accordance with Government Code §§ 25504--25506.

(b) For surplus personal property having a single or aggregate value of not more than $500.00, the Director of Procurement shall be authorized to donate such property to any public agency within the County or to any private nonprofit organization performing public-benefit work within the County.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 12, 6-26-01)

Sec. A34-91. Standards Committee.

Upon recommendation from the Director of Procurement, the County Executive may form a committee to establish standards with respect to the type, design, or quality of property to be purchased by the County. The Committee shall include the Director of Procurement, the Director of Finance, Director of the General Services Agency, and such other persons as may be designated by the County Executive.

(Ord. No. 300.644, § 2, 1-9-01; Ord. No. NS-300.652, § 13, 6-26-01)

Secs. A34-92--A34-109. Reserved.