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Regular-General Government   # 43.
Board of Supervisors
Financial Services
Meeting Date:
07/26/2022
Brief Title
Procurement Ordinance
From:
Tom Haynes, Interim Chief Financial Officer, Department of Financial Services
Staff Contact:
Ryan Pistochini, Manager of Procurement, Department of Financial Services, x8218
Supervisorial District Impact:

Subject

Introduce by title only the following proposed ordinance: “An Ordinance of the Board of Supervisors of the County of Yolo Amending and Replacing Article 10, of Chapter 5 of Title 2 of the Yolo County Code in its Entirety Regarding the Purchasing Department and System; Amending Section 2-7.102 of the Yolo County Code Regarding Lease of Property for County: Purchasing Agent; and Amending and Replacing Chapter 9 of Title 2 of the Yolo County Code in its Entirety Regarding Informal Bidding Procedures for Public Projects,” waive further reading of the proposed ordinance, and continue to the August 30, 2022, Board of Supervisors meeting for adoption. (No general fund impact) (Haynes/Pistochini)

Recommended Action

  1. Introduce by title a proposed ordinance amending and replacing Title 2, Chapter 5, Article 10 ("Purchasing Department and System"), amending Title 2, Chapter 7 ("Property"), and amending and replacing Title 2, Chapter 9 ("Informal Bidding Procedures for Public Projects") of the Yolo County Code to update and modernize the powers of the County's Purchasing Agent consistent with the delegation authority in State law;
     
  2. Waive further reading of the proposed ordinance; and
     
  3. Continue the ordinance to the August 30, 2022, regular Board of Supervisors meeting for adoption.

Strategic Plan Goal(s)

In Support of All Goals (Internal Departments Only)

Reason for Recommended Action/Background

The Procurement Division continually reviews County procurement policies to ensure they are current, effective, efficient, and are aligned with Board direction. The County ordinance governing procurement has remained unchanged for a number of years, and does not reflect recent changes to State law.  The County maintains a set of procurement policies and procedures that expand upon, and provide more detail, to the procurement ordinance.  The policies are regularly updated to reflect legal and regulatory changes on an annual basis and provide an efficient method for the Board to provide direction to the Purchasing Agent.  The proposed ordinance amends the pertinent sections of the Yolo County Code.  The specific changes to the Yolo County Code (YCC) are detailed in three exhibits to the proposed ordinance, which are summarized below.

Exhibit A - Amending and Replacing YCC Article 10, of Chapter 5 of Title 2: The general powers and authorities of the Purchasing Agent are contained in Title 2, Chapter 5, Article 10 of the County Code.  State law provides the Board of Supervisors the option to employ a Purchasing Agent and provides the maximum amount of delegated authority the Board may grant the Purchasing Agent to enter into certain contracts and conduct other purchasing activities.  (See Gov. Code §§ 25500 et seq.)  Exhibit A updates the County Code to clarify that the Purchasing Agent has the maximum dollar authority authorized under State law as those laws may be amended from time to time.  This will be consistent with the existing County Policy on Procurement last updated and approved by the Board of Supervisors on November 10, 2021. 

Exhibit B - Amending YCC Section 2-7.102: The Board of Supervisors has authorized its Purchasing Agent to enter into leases for real property in Title 2, Chapter 7, Section 102 of the County Code.  The existing County Code section restates Government Code section 25350.51 as it was written in 2001 authorizing the Purchasing Agent to enter into a lease not longer than a term of three years and not to exceed $7,500 per month.  Exhibit B clarifies that the Purchasing Agent has the maximum dollar authority authorized under State law as that law may be amended from time to time, currently not longer than a term of three years and not to exceed $10,000 per month.

Exhibit C - Amending and Replacing YCC Chapter 9 of Title 2: In 2002, the Board of Supervisors voluntarily elected to participate in the California Uniform Public Construction Cost Accounting Act ("CUPCCAA") to simplify the procurement process for small construction projects by allowing informal bidding procedures for projects valued under a specific dollar threshold set forth in CUPCCAA and amended periodically by the State.  The current CUPCCAA threshold for informal bidding procedures is $200,000 or less.  Title 2, Chapter 9 of the County Code details the County's requirements to conduct CUPCCAA's informal bidding process for small construction projects.  Since 2002, there have been several revisions to CUPCCAA, codified in the California Public Contract Code, and Exhibit C updates the Yolo County Code to be consistent with CUPCCAA.

Collaborations (including Board advisory groups and external partner agencies)

County Counsel provided assistance in developing the ordinance revisions.

Fiscal Impact

No Fiscal Impact

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    0
Amount budgeted for expenditure:
$    0
Additional expenditure authority needed:
$    0
On-going commitment (annual cost):
$   

Source of Funds for this Expenditure

General Fund
$0

Attachments

Form Review

Inbox Reviewed By Date
Ryan Pistochini (Originator) Ryan Pistochini 07/18/2022 11:23 PM
Tom Haynes Tom Haynes 07/19/2022 02:04 PM
Kimberly Hood Kimberly Hood 07/19/2022 03:13 PM
County Counsel Hope Welton 07/19/2022 03:58 PM
Form Started By:
Ryan Pistochini
Started On:
04/04/2022 11:38 AM
Final Approval Date:
07/19/2022