Waive second reading and adopt “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." (No general fund impact) (Rinde/Pistochini)

Waive second reading and adopt "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.”

The Board of Supervisors introduced an ordinance to amend the Yolo County Code as it relates to powers of the County's Purchasing Agent at the July 26, 2022 regular meeting.  The proposed Ordinance will make the following changes to the Yolo County Code: (1) amend and replace Title 2, Chapter 5, Article 10, containing the general powers and authorities of the Purchasing Agent, (2) amend section 2-7.102, relating to the authority of the Purchasing Agent to enter into leases for real property; and (3) amend and replace Title 2, Chapter 9, allowing informal bidding for small construction projects.  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. All the changes ensure that the County Code's procurement sections are current, effective, efficient, and are aligned with Board direction. The Board approved the recommended action to introduce the proposed ordinance without any modification  by a unanimous vote, waived further reading of the ordinance, and continued the ordinance to the August 30th Board meeting for adoption.  The ordinance is included as Attachment A.

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.

The Board is asked to waive the second reading and to adopt the Ordinance to amend the Yolo County Code as set forth in the attached ordinance.  If adopted, the ordinance will become effective 30 days after adoption (September 29, 2022), and a summary of the ordinance will be published in a newspaper of general circulation in Yolo County.

The Department of Financial Services collaborated with the County Counsel's Office in the development of this ordinance.