Chapter 2.37 PURCHASING PROCEDURES

Authority—Employees. The Director of the General Services Department shall serve as the Purchasing Agent and shall have the duties and powers prescribed by the laws of the State relating to County Purchasing Agents, this chapter, and the resolutions and orders of the Board of Supervisors. The Purchasing Agent shall direct the activities of the Purchasing Division. All employees of the Purchasing Division shall be appointed in accordance with the provisions of existing law and civil service regulations. The Purchasing Agent shall furnish the Board of Supervisors such reports and information as the Board may from time to time require and shall establish methods and procedures necessary for the proper functioning of the Purchasing Division in an efficient and economical manner.

Acquisition of Personal Property. The Purchasing Agent shall purchase, lease or lease-purchase for the County of Santa Cruz all materials, supplies, furnishings, equipment and other personal property of whatever kind and nature. No purchase of personal property by any person other than the Purchasing Agent shall be binding upon the County or constitute a lawful charge against any County funds except for those items listed as exceptions in SCCC § 2.37.060, or except as otherwise provided by law.

Rental of Personal Property. It shall be the duty of the Purchasing Agent to rent for the County and its departments, as lessee, all personal property.

Personal Service Contracts. It shall be the duty of the Purchasing Agent to engage independent contractors to perform services for the County and the offices thereof with or without the furnishing of material where the aggregate cost does not exceed the amount set forth in Government Code Section 25502.5. This amount may be modified by procedures promulgated by the Director of the General Services Department and approved by the Board of Supervisors; provided, however, that this section shall not apply to contracts to print legal briefs or legal notices, contracts for court reporters' services or the preparation of transcripts of evidence, contracts for services from public utilities, contracts for expert services to be rendered the Office of the District Attorney, County Counsel or Sheriff, contracts for appraisers' services, contracts for consultants and other experts employed directly by the Board of Supervisors, contracts for insurance or contracts for other services which by law some other officer or body is specifically charged with obtaining.

Construction and Repair Contracts. Upon the request of the Public Works Department, Parks, Open Space and Cultural Services Department, or the Facilities Management Division of the General Services Department, it shall be the duty of the Purchasing Agent to employ independent contractors to construct or repair any public works and purchase furnishings, materials and supplies for use in such construction or repair where the estimated aggregate cost does not exceed the amount specified in Public Contracts Code Section 20131 and Public Contracts Code Section 20150.4.

§ 2.37.050 Purchasing methods and procedures.

Sale or Disposal of Surplus Personal Property. Any item of personal property of an estimated value of $5,000 or less may be declared surplus to County needs by the using officer and concurred by the Purchasing Agent. Any other item of personal property may be declared surplus to County needs by the Board of Supervisors. Upon such declaration, in either manner provided above, that an item of personal property is surplus to County needs, it shall be the duty of the Purchasing Agent to sell, trade (subject to the limitations set forth following), or otherwise dispose of the item by whatever method and procedure will, in their judgment, return the greatest value to the County. When purchasing personal property for which it is not necessary to advertise for bids, the County Purchasing Agent may solicit and accept advantageous trade-in allowances for County personal property which has been previously determined by the Purchasing Agent or the Board of Supervisors to be not further required for public use. Where property is exchanged or traded in, the Purchasing Agent shall secure its value on behalf of the County.

(G)

Transfer of Personal Property. The Purchasing Agent is authorized to transfer, from one County department to another County department, personal property with an estimated value of not more than $5,000. Such transfers shall be made only with the approval of the heads of both the donating and receiving departments.

(H)

Forms. The Purchasing Agent shall develop, amend, or eliminate, with the approval of the County Counsel as to legal sufficiency and the Auditor as to accounting sufficiency, standard forms and conditions of invitations to bid and purchase orders and contracts. The Purchasing Agent shall also develop and prescribe other forms required in carrying out the provisions of this chapter.

(prior code § 5.65.050; Ord. 1490, 1970; Ord. 1681, 1972; Ord. 1729, 1972; Ord. 2267, 1976; Ord. 2793, 1979; Ord. 3417 § 2, 1983; Ord. 3620 § 29, 1985; Ord. 4093 § 2, 1990; Ord. 4398 § 1, 1996; Ord. 4630 § 1, 2001; Ord. 4735 § 1, 2003; Ord. 5249 § 1, 2017; Ord. 5285 § 9, 2018)

In the performance of the duties set forth in this chapter, the Purchasing Agent shall comply with all applicable statutes, ordinances and regulations. In making purchases, the Purchasing Agent shall use such methods and procedures as in their judgment will secure the lowest price consistent with the quality desirable for the use intended and the needs of the requisitioning officer. The Purchasing Agent shall utilize competitive bidding procedures, even when such procedures are not legally required, whenever the Purchasing Agent determines that competitive bidding will be feasible, efficient and productive. The Purchasing Agent shall solicit bids for all construction or repair work on any County structure described in Public Contract Code Section 20121 where the estimated aggregate cost does not exceed the amount specified in Public Contract Code Section 20131.

(prior code § 5.65.040; Ord. 1490, 1970; Ord. 2793, 1979; Ord. 3417 § 1, 1983; Ord. 5285 § 9, 2018)

§ 2.37.060 Centralized purchasing exceptions.

No purchases or rentals, as described in SCCC § 2.37.040, shall be made by any County officer or employee without a purchase order or other written authority first obtained from the Purchasing Agent except the following:

Expert or professional services;

Advertising;

Legal brief printing, transcripts, and the like;

Insurance;

Public utility services and supplies;

§ 2.37.065 Professional consultant selection.

Ordinary travel expense items;

(G)

Items exempt by law or by specific order of the Board of Supervisors;

(H)

Emergency purchases which may be made by any person or official authorized to sign requisitions when the Purchasing Agent or any of their assistants authorized to make purchases are not available and the item or 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 may be subsequently approved and confirmed by the Purchasing Agent; or, if the Purchasing Agent refuses to make such confirmation, the Board of Supervisors may subsequently approve and confirm such purchase by a majority vote of the members present at any of its regular meetings. Unless such purchases are so approved and confirmed by either the Purchasing Agent or the Board of Supervisors, the costs thereof shall not constitute a legal charge against the County, except as such purchases may be otherwise authorized by law.

(prior code § 5.65.080; Ord. 1490, 1970; Ord. 3417 § 3, 1983; Ord. 5285 § 9, 2018)

County selection of private architectural, engineering, environmental, land surveying or construction project management firms for professional services shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Except for consultants hired by the Department of Public Works and consultants hired by the Planning Department to provide environmental services (as that term is defined in Government Code Section 4525) related to development applications, all selections of private architectural, engineering, environmental, land surveying or construction project management firms shall be in accordance with procedures promulgated by the Director of the Department of General Services and approved by the Board of Supervisors.

The Department of General Services will maintain a file of firms who have indicated an interest in doing County work and have completed a prequalification form. The prequalification form indicates the type of work the firm has completed and gives detailed information on the qualifications of the firm. The list of firms is to be updated on a biyearly basis by the Department, and firms shall be added to the list on a continual basis as prequalification forms are received. The cooperation of local professional organizations and individuals will be solicited by the Department to encourage participation by local firms on the list of consultants. The Department of General Services shall also utilize mailings and newspaper advertisements to encourage participation by local firms, and, in accordance with County policy, participation by minority-owned business enterprise (MBE), women-owned business enterprise (WBE) and disabled-owned business enterprise (DBE) firms. It will be the responsibility of the Director of the Department of General Services to inform interested applicants of bidding opportunities and to actively recruit potential bidders.

Environmental services selected by the Planning Department shall be governed by the procedures outlined in the County CEQA guidelines.

Public works engineering services shall be selected in accordance with the procedures approved by the Board of Supervisors for public works projects.

§ 2.37.070 Estimates of future requirements.

All procedures for selection of consultants for professional services under this section shall be consistent with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.

(Ord. 4247 § 1, 1993; Ord. 4630 § 2, 2001; Ord. 5285 § 9, 2018)

All departments shall furnish the Purchasing Agent estimates of their requirements for supplies, materials, equipment and contractual services in such form, at such time, and for such future periods as the Purchasing Agent shall prescribe.

(prior code § 5.65.060; Ord. 1490, 1970)

§ 2.37.080 Availability of funds.

Except as to purchases initiated by the Purchasing Agent, the Purchasing Agent shall have no responsibility to determine that funds are budgeted or available for any purchase, and this responsibility shall belong to the officer signing the requisition. Except in emergencies as defined in SCCC § 2.37.060, no notice of award of contract shall be issued, no contract shall be signed, and no purchase order shall be issued until the Auditor has certified that the unexpended balance in the appropriation or appropriations concerned is sufficient to defray the amount of such contract or purchase order.

(prior code § 5.65.070; Ord. 1490, 1970; Ord. 5285 § 9, 2018)

§ 2.37.090 Central stores revolving fund.

There is hereby established a central storeroom under the control of the Purchasing Agent in which shall be stored items of common use which may be purchased by the Purchasing Agent for future distribution to the County offices and departments utilizing the revolving funds authorized by Government Code Section 29320 et seq. The Purchasing Agent shall be responsible for the safekeeping and proper storage and handling of all supplies, materials, and equipment therein.

(prior code § 5.65.130; Ord. 1490, 1970; Ord. 3417 § 4, 1983; Ord. 5285 § 9, 2018)

§ 2.37.100 Purchasing agent's stores account.

The Board of Supervisors hereby authorizes the Auditor to establish a Purchasing Agent's stores account, not to exceed $250,000, as deemed necessary for the purchase and maintenance of a stock of general supplies and materials for the County. The Purchasing Agent's stores account shall be used to provide timely payment to the vendors of general supplies and materials to the County and to cover the time lag resulting between delivery of wares to requisitioning departments and the reimbursement to the fund by those departments. The regular purchase order procedure shall be followed in the expenditure of the Purchasing Agent's stores account. The accounting of the Purchasing Agent's stores account shall be done in accordance with the manner prescribed by the Auditor.

(prior code § 5.65.135; Ord. 2037, 1974; Ord. 3417 § 5, 1983; Ord. 5285 § 9, 2018)

§ 2.37.105 Purchasing preference for products containing recycled materials.

The Purchasing Agent shall establish and maintain procedures and specifications to ensure that the County gives preference, in its purchasing decisions, to products containing the maximum amount of recycled materials, where the quality and fitness of such products is equal to those of products containing no recycled materials, or a lesser amount of recycled materials, and where the total cost of such products is reasonable in comparison to the total cost of those products containing no recycled materials, or a lesser amount of recycled materials.

In addition to the basic purchasing preference established in subsection (A) of this section, the Purchasing Agent shall provide a preference to the suppliers of products containing recycled materials, which is equal to 10 percent of the lowest bid or price quoted by suppliers offering products not containing recycled materials.

A "product containing recycled materials"

shall mean, with respect to a paper product, a "recycled paper product" as that term is defined in Section 12301(c) of the Public Contract Code, and shall mean, with respect to other products, a "recycled product," as that term is defined in Section 12301(d) of the Public Contract Code.

§ 2.37.106 Purchasing preference for domestically produced and packaged vegetables.

To the extent that the Public Contract Code or other provisions of State law provide for purchasing preferences which are more extensive than those established herein, or for additional procedures to increase the use of recycled materials, the provisions of State law shall prevail.

(Ord. 3799 § 1, 1986; Ord. 4093 § 3, 1990; Ord. 4139 § 1, 1991; Ord. 4233 § 1, 1993)

The Purchasing Agent shall establish and maintain procedures and specifications to ensure that the County in its decisions to purchase packaged vegetables gives a preference to vegetables produced and packaged within the United States which is equal to 10 percent of the lowest price quoted by suppliers for vegetables not produced and packaged within the United States.

(Ord. 4269 § 1, 1993)

§ 2.37.107 Tropical wood products.

Definitions. As used in this section, the words and phrases set forth below are defined as follows:

(1)

"Tropical hardwood"

means any and all hardwood, scientifically classified as angiosperm, that grows in any tropical rainforest. Tropical hardwood shall include, but not be limited to, the following species:

Scientific Name	Common Name
Vouacapoua americana	Acapu
Pericopsis elata	Afrormosia
Shorea almon	Almon
Peltogyne spp.	Amaranth
Guibourtia ehie	Amazaque
Aningeria spp.	Aningeria
Dipterocarpus grandiflorus	Apitong
Ochrama lagopus	Balsa
Virola spp.	Banak
Anisoptera thurifera	Bella Rosa
Guibourtia arnoldiana	Benge
Detarium senegalense	Boire
Guibourtia demeusil	Bubinga
Prioria copaifera	Cativo
Antiaris africana	Chenchen
Dalbergia retusa	Cocobolo
Cordia spp.	Cordia
Diospyros spp.	Ebony
Aucoumea klaineana	Gaboon
Chlorophora excelsa	Iroko
Acacia koa	Koa
Pterygota macrocarpa	Koto
Shorea negrosensis	Red Lauan
Pentacme contorta	White Lauan
Shorea polysperma	Tanguile
Terminalis superba	Limba
Aniba duckei	Lemiro
Khaya ivorensis	Africa Mahogany
Swietenia macrophylla	Amer. Mahogany
Tieghemella heckelii	Makore
Distemonanthus benthamianus	Movingui
Pterocarpus soyauxii	African Padauk
Pterocarpus angolensis	Angola Padauk
Aspidosperma spp.	Peroba
Peltogyne spp.	Purpleheart
Gonystylus spp.	Ramin
Dalbergia spp.	Rosewood
Entandrophragma cylindricum	Sapele
Shorea philippinensis	Sonora
Tactona grandis	Teak
Lovoa trichilioides	Tigerwood
Millettia laurentii	Wenge
Microberlinia brazzavillensis	Zebrawood

(2)

"Tropical rainforests"

means any and all forests classified by the scientific term "tropical moist forests," the classification determined by the equatorial region of the forest and average rainfall.

(3)

"Tropical wood products"

means any wood products, wholesale or retail, in any form, including but not limited to veneer, plywood, furniture, cabinets, paneling, mouldings, doorskins, joinery, or sawnwood, which are composed of tropical hardwood.

(4)

"Doorskin"

means any thin sheet of wood which is glued onto the frame of a door to frame the face of the door.

(5)

"Moulding"

refers to decorative wood used around windows and doorframes, ceilings, and corners.

(6)

"Paneling"

means any thin sheet of attractive wood, intended to be used as wall covering, including any sheet consisting of a veneer glued onto a backing material.

(7)

"Particle board"

means any wood sheet or board created by compressing wood chips and particles from logs, trees, or industrial residue.

(8)

"Plywood"

means any wood sheet created by gluing together thinner sheets (veneers) of any species.

(9)

"Sawnwood"

means lumber or any form of wood which is sawn or chipped lengthwise in either a rough or smooth cut.

(10)

"Veneer"

means a very thin slice of wood, between one-sixteenth inch to one-twenty-fifth inch in thickness, used in plywood, paneling, furniture exterior, and doorskins.

Prohibition. The County shall not enter into or renew any contractual agreement with any person or entity for the provision of goods or services, the performance of which calls for, requires, or involves the use of any tropical hardwood or tropical wood product.

Every bid proposal, solicitation, request for bid or proposal and contract for the construction of any public work, building maintenance, or improvement shall contain a statement that any bid, proposal, or other response to a solicitation for bid or proposal which proposes or calls for the use of any tropical hardwood or wood product in performance of the contract shall be deemed nonresponsive.

The provisions of this section shall not apply where the Purchasing Agent finds that:

(1)

No person or entity doing business in the State is capable of performing the contract using acceptable nontropical hardwood equivalents;

(2)

The inclusion or application of the provisions will violate or be inconsistent with the terms or conditions of a grant, subvention, or contract with an agency of the United States or the State of California, or the instructions of an authorized representative of any agency with respect to any grant, subvention, or contract;

(3)

The use of tropical woods is deemed necessary for purposes of historical restoration and there exists no available acceptable nontropical hardwood equivalent.

All contracts entered into by the County for public works, or for improvements to be performed, or for any wood, wood products, or services involving wood to be purchased with funds to be paid by the County shall include as a material condition to that agreement the following paragraph in the contract:

The contractor shall not provide any items in performance of this contract which are tropical hardwoods or tropical hardwood products.

The contract shall also contain a statement urging companies not to import, purchase, obtain, or use for any purpose, any tropical hardwood or tropical hardwood product.

All contracts shall provide that in the event any bidder or contractor fails to comply in good faith with any of the provisions of this section, the bidder or contractor shall be liable for liquidated damages in an amount equal to the bidder's or contractor's net profit under the contract, or five percent of the total amount of the contract dollars, whichever is greater. All contracts shall also contain a provision whereby the bidder or contractor acknowledges and agrees that the liquidated damages assessed shall be payable to the County upon demand and may be set off against any moneys due to the bidder or contractor from any contract with the County.

(Ord. 4234 § 1, 1993; Ord. 5285 § 9, 2018)

§ 2.37.108 Local business preference.

"Legitimate business presence"

Definitions. As used in this section, the words and phrases set forth below are defined as follows:

(1)

"Formal solicitation"

means an offer or proposal for providing goods and/or services submitted in response to the County's formal solicitation request, such as an invitation for bid, request for proposal, or request for information, or any similar solicitation evaluated on the basis of cost.

(2)

means the existence of at least one physical location in the County where business is conducted and which is staffed by at least one full-time employee or owner/operator.

(3)

"Locally operated business"

means a legally formed and operated business, including but not limited to a sole proprietorship, partnership, or corporation, which has a legitimate business presence in the County. In addition, the business must:

(a)

Hold a valid seller's permit issued by the State Board of Equalization and a valid business license if issued by an incorporated city within the County; and

(b)

Have been in operation, transacting business in the County, for a minimum of six months prior to publication of the call for formal solicitation; and

(c)

Not be delinquent in the payment of any taxes, charges or assessments owing to the County or an incorporated city within the County; and

(d)

Have requested, completed, returned, and satisfied the requirements of a locally operated business preference affidavit of eligibility.

(4)

"Locally operated business preference affidavit of eligibility"

means an affidavit to be completed by a locally operated business (in the form of Exhibit A attached to the ordinance codified in this section) in applying for a preference treatment.

(5)

"Nonlocal business"

means any business that does not meet all of the requirements of a locally operated business.

When the Purchasing Agent evaluates the responses to a formal solicitation for supplies, goods, materials, furnishings or other personal property, a locally operated business may match the low bid of a nonlocal business if the locally operated business's bid is within five percent of the low bid. If the locally operated business elects to match a lower bid from a nonlocal business, the contract shall be awarded to the locally operated business.

In order to be eligible for the preference, the locally operated business must complete, return, and satisfy the requirements of the locally operated business preference affidavit of eligibility and also supply a copy of a current valid business license if issued by an incorporated city within the County of Santa Cruz. Any person, firm, corporation or entity intentionally submitting false information to the County in an attempt to qualify for local business preference shall be prohibited from bidding on County contracts for a period of three years.

The revised bid and completed locally operated business preference affidavit of eligibility of a locally operated business electing to match a lower bid from a nonlocal business must be received by the Purchasing Agent within three business days after a solicitation deadline. It is the responsibility of the locally operated business to verify the bid results by contacting the General Services Purchasing Department.

The local business preference established by this section shall not be available if it is in conflict with State or Federal law or regulation.