ORDINANCE NO. AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, AMENDING CHAPTER 2 OF THE SONOMA COUNTY CODE TO REVISE THE DELEGATED AUTHORITY OF THE PURCHASING AGENT TO ENTER INTO SERVICE CONTRACTS, AND TO ESTABLISH A COMPETIVE SOLICITATION PROCESS FOR SERVICE CONTRACTS EXCEEDING $50,000.00 The Board of Supervisors of the County of Sonoma, State of California, ordains as follows: SECTION I. Article V of Chapter 2 of the Sonoma County Code is hereby amended as follows: Article V, Division 1: Generally Section 2-54. Specific Duties. The purchasing agent shall administer the purchasing division, its stores, funds and accounts, and, except as otherwise provided herein, or by law, or by specific order of the board of supervisors, shall: (a) Purchase, lease or lease/purchase for the county and its departments all personal property; (b) Engage independent contractors to perform services for the county and its departments, with or without the furnishing of material, when the annual aggregate cost does not exceed one hundred thousand dollars ($100,000) subject to statutory procedures and to prior approval of the head of the department seeking approval of the contract; (c) Sell or exchange any item of personal property declared surplus to county needs; (d) Perform the above services for agencies and special districts organized under general law within the county and governed ex officio by, or under the control of, the board of supervisors; (e) Make purchases and dispositions of personal property for other public officers or agencies pursuant to authority of law; (f) Perform such other services as the board of supervisors requires. (Ord. No. 4654 1, 1993: Ord. No. 2490; Ord. No., I, 2016.) Section 2-58. Service Contracts (a) The department head is responsible for negotiating the terms of a contract appropriate for the purchase of any services. The department head shall comply with 1
all statutes, ordinances and regulations in the negotiation of such contracts. For service contracts not exceeding a total contract amount of fifty thousand dollars ($50,000) per year for the life of the contract, the department head shall use such methods and informal procedures which, in the judgment of the department head, will secure the lowest competitive price consistent with operational needs. For service contracts exceeding a total contract amount of fifty thousand dollars ($50,000) per year for the life of the contract, the department head shall use a formal competitive solicitation process. If a department head proposes a waiver of competitive solicitation for a particular agreement above this threshold, such waiver documenting a single or sole source justification must be submitted and approved by the Purchasing Agent prior to commencement of negotiation of the agreement. The purchasing agent and county auditor shall develop policies and procedures to assist department heads in complying with these requirements. (b) Contracts within the scope of authority granted in Section 2-54(b) and not within the exceptions listed in Section 2-55 shall be executed by the purchasing agent. Contracts for purchases described in Section 2-55 shall be executed by the department head or his or her designee. All other service contracts shall be submitted to the board for its approval. (Ord. No. 4654 1, 1993; Ord. No. 1, 2016.) SECTION II. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION III. This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published as follows: either (1) once in its entirety before the expiration of fifteen (15) days after its passage, or (2) a summary shall be published once at least five (5) days before the proposed date of passage and a summary published once within fifteen (15) days after the date of passage. All publications shall include the names of the Supervisors voting for or against the same, in The Press Democrat, a newspaper of general circulation published in the County of Sonoma, State of California, and the Clerk of the Board shall post in the office of the Clerk, a certified copy of the full text of this ordinance along with the names of those Directors voting for or against the Ordinance. In regular session of the Board of Supervisors of the County of Sonoma introduced on the day of May, 2016, and finally passed and adopted this day of May, 2016 on regular roll call of the members of said Board by the following vote: SUPERVISORS: Rabbitt Gorin Zane Gore Carrillo 2
AYES NOES ABSTAIN ABSENT WHEREUPON, the Chair declared the above and foregoing ordinance duly adopted and SO ORDERED. 3
n;r: wn1m1 :1~:; muw:m 1;; i\ COFHECT COPY OF H1L OiHCiNAL ON F!l.E IN HllS OFFICE #11 Resolution No. 16-0102 County of Sonoma Santa Rosa, CA 95403 Date: March 15, 2016 Concurrent Resolution of the Iloard of Supervisors of the County of Sonoma, State of California, the Board of Directors of the Sonoma County Water Agency, the Board of Directors of the Russian River County Sanitation District, the Board of the Directors of the South Park County Sanitation District, the Board of the Directors of the Occidental County Sanitation District, the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District, and the Board of Directors of the Northern Sonoma County Air Pollution Control District Delegating Signature Authority To The Purchasing Agent, County Department Heads and Heads of the Sonoma County Water Agency, Community Development Commission, Agricultural Preservation nnd Open Space District, and Northern Sonoma County Air Pollution Control District for Service Agreements and Making Certain Other Legislative Policy Actions WHEREAS, it is the desire of the Sonoma County Board of Supervisors, the Board of Directors of the Sonoma County Water Agency (hereinafter, "SCWA"), the Board of Directors of the Russian River County Sanitation District, the Board of the Directors ofthe South Park County Sanitation District, the Board of the Directors of the Occidental County Sanitation District (hereinafter Sanitation District Boards refe1ted to as "County Sanitation District Boards"), the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District (hereinafter "SCOSD"), and the Board of Directors of the No1thern Sonoma County Air Pollution Control District (hereinafter "NSCAPCD") (collectively all hereinafter generally referred to as "Boards") to promote efficient and effective use ofresources with respect to preparation and review oflower dollar value Service Agreements; and WHEREAS, in furtherance of this objective, it is the desire of the Boards to authorize an increase in the delegated signature authority for service agreements for the County Purchasing Agent, the County Department Heads, as County officers, and the various heads of the above agencies and districts; and WHEREAS, another objective of the Boards is to improve procedures for competitive selection of service providers for higher value service agreements; and WHEREAS, in furtherance of this objective, it is the desire of the Boards to establish a tlu eshold for utilization of formal competitive solicitation processes and for County Purchasing Division staff to provide training on procurement procedures, processes, and competitive solicitation thresholds and best practices to County Department Heads, heads of the above entities and staff upon request; and WHEREAS, pursuant to California Government Code Section 25502.S(a), in Counties having a population of 200,000 or more, the Board of Supervisors may
Page 2 authorize the Purchasing Agent to engage independent contractors to perform services for the County or County officers, with or without the furnishing of material, when the annual aggregate cost does not exceed one hundred thousand dollars ($100,000); and WHEREAS, the Board of Supervisors in its resolution 95-0328 dated March 21, 1995, established exemptions from Purchasing procedmes and authorized certain County officers to execute agreements for indicated items or services within the limits otherwise established for the Purchasing Agent, which limit is currently up to $25,000; and WHEREAS, the SCWA Board and the Boards of the County Sanitation Districts operated by the SCW A (Sonoma Valley, Russian River, Occidental and South Park, hereinafter "County Sanitation Districts") adopted concunent resolution 02-0234 dated March 12, 2002, delegating to the General Manager/Chief Engineer (reference subsequently changed to "General Manager") of the SCWA authority to engage independent contractors to perfo1m services for the Agency and the County Sanitation Districts, including the furnishing of material, up to $25,000 subject to statutory procedures; and WHEREAS, the SCOSD Board in its Resolutions 92-1417 and 01-0087 dated September 22, 1992 and January 23, 2001 respectively and Resolution 02-0405 dated April 23, 2002, delegated certain purchasing authority to the General Manager of the SCOSD with a limit of $25,000 per transaction consistent with Public Resource Code Section 5549(b), as amended; and WHEREAS, the delegation from the SCOSD Board to the General Manager authorized by this Resolution will require and act by the Legislature before it is effective; and WHEREAS, the NSCAPCD cwtently has no formal delegated signature authority policy for service agreements and has informally followed County procurement procedures since 1993; and WHEREAS, there have been changes in the marketplace since the establishment of the signature authority of the County Purchasing Agent and the heads of the above agencies and districts, as well as inflation, and WHEREAS, it fuithers effective and efficient government operations and management to increase the amow1ts of delegated signature authority of the Purchasing Agent, other County officers, the SCW A General Manager, the CDC Executive Director, the SCOSD General Manager and the NSCAPCD Air Pollution Control Officer for services. NOW, THEREFORE, BE IT RESOLVED that the Boards hereby find, declare, determine and order as follows: 1. All of the above recitals are true and conect; 2. Pursuant to Government Code section 25502.5, the Board of Supervisors authorizes the Purchasing Agent to engage independent contractors to perform services for the County or County officers, with or without the furnishing of material, when the annual aggregate cost does not exceed one hundred thousand dollars ($100,000); the authorization shall be effective upon amendment of the current threshold of $25,000 in the Sonoma County
Page 3 Code; and 3. The Board of Supervisors authorizes all County Department heads to execute agreements for services in an amount not to exceed a total contract amount of $50,000 per year for the life of the contract, and hereby amends resolution 95-0328 dated March 21, 1995 to increase the delegated authority for County officers specified therein to this amount; and 4. The SCWA Board of Directors and the Sanitation District Boards hereby amend resolution 02-0234 dated March 12, 2002 to raise the delegated signature authority of the SCW A General Manager specified therein in an amount not to exceed a total contract amount of $50,000 per year for the life of the contract; and 5. The SCOSD Board hereby amends its resolutions 92-1417 and 01-0087 dated September 22, 1992 and January 23, 2001 respectively and resolution 02-0405 dated April 23, 2002, to authorize an increase in the delegated signature authority of the SCOSD General Manager in an amount not to exceed a total contract amount of $50,000 per year for the life of the contract as specified therein, or whatever amount is authorized by the Legislature in an amount no more than $49,999 per year, immediately upon the adoption by the Legislature of an amendment to Public Resource Code Section 5549(b) or other legislation increasing the delegated signature authority of the SCOSD General Manager as specified in the statutory delegation; and 6, The NSCAPCD Board hereby establishes the delegated signature authority of the NSCAPCD Air Pollution Control Officer in an amount not to exceed a total contract amount of $50,000 per year for the life of the contract; and 7. The Boards approve the above increases in delegated signature authority for service agreements effective upon amendment of the cunent threshold of $25,000 for the County Purchasing Agent in the Sonoma County Code; and 8. The Boards establish the requirement of a formal competitive solicitation process for service agreements in which payment is specified at greater than $50,000 per year. Ifa County Department or entity specified above proposes a waiver of competitive solicitation for a particular agreement above this threshold, such waiver documenting a single or sole source justification must be submitted and approved by the County Purchasing Agent prior to commencement of negotiation of the agreement. 9. The Board of Supervisors directs the Purchasing Agent to prepare amendments to the Sonoma County Code for consideration by the Board to change the cunent service contract delegated signature limit for the Purchasing Agent, and to establish a formal competitive solicitation process for the County. Sonoma County Board of Supervisors/Directors/Commissioners: Gorin: Aye Rabbitt: Aye Zane: Aye Gore: Aye Canillo: Aye Ayes: 5 Noes: 0 Absent: 0 Abstain: 0 So Ordered.
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ORDINANCE NO. AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, AMENDING CHAPTER 2 OF THE SONOMA COUNTY CODE TO REVISE THE DELEGATED AUTHORITY OF THE PURCHASING AGENT TO ENTER INTO SERVICE CONTRACTS, AND TO ESTABLISH A COMPETIVE SOLICITATION PROCESS FOR SERVICE CONTRACTS EXCEEDING $50,000.00 The Board of Supervisors of the County of Sonoma, State of California, ordains as follows: SECTION I. Article V of Chapter 2 of the Sonoma County Code is hereby amended as follows: Article V, Division 1: Generally Section 2-54. Specific Duties. The purchasing agent shall administer the purchasing division, its stores, funds and accounts, and, except as otherwise provided herein, or by law, or by specific order of the board of supervisors, shall: (a) Purchase, lease or lease/purchase for the county and its departments all personal property; (b) Engage independent contractors to perform services for the county and its departments, including with or without the furnishing of material, when the annual aggregate cost does not exceed up to one hundred twenty-five thousand dollars ($25100,000) subject to statutory procedures and to prior approval of the head of the department seeking approval of the contract; (c) Sell or exchange any item of personal property declared surplus to county needs; (d) Perform the above services for agencies and special districts organized under general law within the county and governed ex officio by, or under the control of, the board of supervisors; (e) Make purchases and dispositions of personal property for other public officers or agencies pursuant to authority of law; (f) Perform such other services as the board of supervisors requires. (Ord. No. 4654 1, 1993: Ord. No. 2490; Ord. No., I, 2016.) Section 2-58. Service Contracts (a) The department head is responsible for negotiating the terms of a contract appropriate for the purchase of any services. The department head shall comply with 1
all statutes, ordinances and regulations in the negotiation of such contracts, and. For service contracts not exceeding a total contract amount of fifty thousand dollars ($50,000) per year for the life of the contract, the department head shall use such methods and informal procedures which, in the judgment of the department head, will secure the lowest competitive price consistent with operational needs. For service contracts exceeding a total contract amount of fifty thousand dollars ($50,000) per year for the life of the contract, the department head shall use a formal competitive solicitation process. If a department head proposes a waiver of competitive solicitation for a particular agreement above this threshold, such waiver documenting a single or sole source justification must be submitted and approved by the Purchasing Agent prior to commencement of negotiation of the agreement. The purchasing agent and county auditor shall develop policies and procedures to assist department heads in complying with these requirements. (b) Contracts within the scope of authority granted in Section 2-54(b) and not within the exceptions listed in Section 2-55 shall be executed by the purchasing agent. Contracts for purchases described in Section 2-55 shall be executed by the department head or his or her designee. All other service contracts shall be submitted to the board for its approval. (Ord. No. 4654 1, 1993; Ord. No. 1, 2016.) SECTION II. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION III. This Ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage and shall be published as follows: either (1) once in its entirety before the expiration of fifteen (15) days after its passage, or (2) a summary shall be published once at least five (5) days before the proposed date of passage and a summary published once within fifteen (15) days after the date of passage. All publications shall include the names of the Supervisors voting for or against the same, in The Press Democrat, a newspaper of general circulation published in the County of Sonoma, State of California, and the Clerk of the Board shall post in the office of the Clerk, a certified copy of the full text of this ordinance along with the names of those Directors voting for or against the Ordinance. In regular session of the Board of Supervisors of the County of Sonoma introduced on the day of May, 2016, and finally passed and adopted this day of May, 2016 on regular roll call of the members of said Board by the following vote: SUPERVISORS: Rabbitt Gorin Zane Gore Carrillo 2
AYES NOES ABSTAIN ABSENT WHEREUPON, the Chair declared the above and foregoing ordinance duly adopted and SO ORDERED. 3