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Date July 19, 1979 INTRODUCED BY R a n s e y
Proposed by.: Purchasing
ORDINANCE NO. 79 -23
AN ORDINANCE ESTABLISHING THE POLICY,
PROCEDURES AND REQUIREMENTS OF THE
WHATCOM COUNTY PURCHASING DEPARTMENT
PURSUANT TO SECTIONS 9.20 AND 10.90 OF
THE WHATCOM COUNTY CHARTER
BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
Section 1. APPLICATION. The policy, procedures
and requirements contained herein shall apply to all contracts
for public works and all purchases and leases of supplies,
materials, and equipment for all departments of the county,
except such as shall be made pursuant to 36.77.060, 36.77.070
and 36.82.130 Revised Code of Washington. This is the single
document regulating purchasing standards and procedures, inventory
controls and reporting, and purchasing department administration.
All departments of the county shall have a copy of this ordinance
and any vendor doing business with the county shall have a copy
upon request.
Section 2. AMENDMENTS. The County Council reserves
the exclusive right to alter, amend, rescind, abrogate, delete,
supercede or replace the provisions of this ordinance or any
part thereof, in any manner not inconsistent with state law.
Whether or not-the County Council takes action, the provisions
of this ordinance shall be deemed, automatically, altered,
amended, or superceded to conform to any mandatory state
administrative ruling or statute, as of the effective date of
any such enactment appertaining to the matters covered herein,
to the effect.that the provisions of this ordinance shall at all
times conform to, and never conflict with, said state laws and
regulations.
Section 3. PURCHASING AGENT. The Whatcom County
Purchasing Agent shall be the administrative and department head
Ordinance -'1.
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of the Whatcom County Purchasing Department. He shall have, and
may exercise, all powers and authority appropriate to his office
and necessary to carry out the duties of his office as provided
by law and the provisions of this ordinance.
Section 4. APPOINTMENT. The purchasing agent is an
appointed county officer. He shall be appointed by, and serve
at the pleasure of, the County Executive. His tenure.of office...
shall continue until he resigns, becomes disqualified to hold
public office, is removed, or retires. He shall be entitled to
thirty days written notice of removal unless the removal is based
on an affidavit alleging misfeasance whereupon removal, or
suspension without pay pending an inquiry, shall be immediate.
Section 5. BOND,AND OATH REQUIRED. Before entering
upon the duties of his office, the purchasing agent shall file
his oath of office and a bond as required.of all public officials.
The bond amount shall be set by the County Council and shall not
be less than $25,000. The bond shall be filed with the county
clerk after the sureties have been- approved.
Section 6. QUALIFICATIONS. The purchasing agent shall
have had previous purchasing experience as a purchasing agent,
or as an employee performing a purchasing function, in a commercial,
industrial, institutional, or governmental plant or, agency.
Section 7. POWERS AND DUTIES IN GENERAL. The purchasing
agent shall administer the Whatcom County Purchasing Department
as provided under "Purchasing Agent" and as head of said department)
shall be responsible for all county purchases and contracts as
provided under Section 1 above. He shall submit an annual budget
request as do other county departments and may appoint additional
personnel for the purchasing department, under
Ordinance - 2
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such terms and conditions as the County Executive may authorize.
The purchasing agent shall be strictly accountable for all
public moneys and property which may come into the possession
of the purchasing department.
Section 8. POWERS AND DUTIES IN PARTICULAR. In
addition to the general powers and. duties set forth above, the
purchasing agent shall:
(1) Submit a report by the second Monday in March
of each year which shall include the status of the.
inventories hereinafter provided for. The report may
also include recommendations for improved standardiza-
tion and volume purchasing pursuant to the general
standards hereinafter set forth.
(2) Prepare and make available to all departments of
the county as needed, suitable forms for requisition,
vouchers, inventories, etc. forms shall be designed
so as to minimize as much as possible both the number
of forms and the amount of time required to process them
(3) Assign a purchase order number for every transac-
tion wherein the county acquires supplies, materials,
equipment or contract rights in property or public
works pursuant to Section 1 above and 36.32.240
Revised Code of Washington.
(4) Secure telephone and /or written quotations
from enough vendors to assure establishment of a
competitive price and issue purchase orders or award
contracts for the purchase of materials, equipment or
services involving amounts not exceeding three thousand
five hundred dollars ($3,500) in a single
transaction, to the best advantage of the county.
Whenever practical, the purchasing agent shall
contact at least three (3) vendors to assure
Ordinance 3.
1 establishment of a competitive price. fie shall keen
2 a log or record of all quotations solicited and /or
3 secured by telephone for purchases of the dollar value
4 described above. Such quotations shall be open to
5 public inspection and shall be available by telephone
6 inquiry except as otherwise provided by State Law. No
7 other county officer, official or employee may make
8 purchases or award contracts except the County Executive
9 acting under Section 3.22 of the Whatcom County Charter -
10 Powers and Duties.
11 (5) When the amount of any transaction described in (3)
12 above exceeds three thousand five hundred dollars
13 ($3,500), the purchasing agent, unless otherwise provided
14 by law, shall be responsible for the preparation of
15 specifications and invitations to bid pursuant to provi
16 sions hereinafter set forth. After bids have been opened
17 the purchasing agent shall check them,for accuracy and
18 compliance with the specifications and.invitation to bid.
19 The purchasing agent shall present his recommendations
20 prior to any award by the County Executive.
21 (6) In the event of an extended absence of the purr
fi 221 chasing agent, the Powers and duties set forth above will
23, temporarily devolve upon the deputy purchasing agent
24 unless otherwise directed by the County Executive.
25 Section 9. GENERAL STANDARDS OF'OPERATION. The Whatcom
26 County Purchasing Department was established in order to centralize
27 purchasing functions into a specialized department designed to
28 accomplish the following goals: Purchases of supplies and equip -
29 ment of-the necessary quality at the lowest possible cost; efficien
30 utilization of county property, new and used; and conservation of
31 employee time devoted to purchasing functions. The ultimate test
321 +as to the appropriateness of particular
Ordinance - 4.
I purchasing department procedures shall be the realization of
2� these goals and the convenience and speed with-which requested
3 purchases are made available to county departments.
4 Section 10. QUANTITY PURCHASES. Whenever practicable,
5 it shall be the policy of the purchasing department to purchase
6 supplies in quantities sufficient for anticipated needs
7 covering a period of at least three months but not, however,
8 to exceed anticipated needs beyond one year.
9 Section 11. STANDARDIZATION OF EQUIPMENT AND SUPPLIES.
10 Equipment and supplies in general use throughout the various
11 departments of the county Ehall be standardized insofar as
12 possible. The value of a standardized inventory lies in ready.
13 accessibility and economies achieved through volume purchasing.
14 c=ounty departments will be supplied from these standardized
15 stocks. Items not in the standardized stock will be purchased
16 only if they are shown to be superior for a particular applica-
17 tion. The purchasing agent will maintain a continuing review
18 of inventory items and will re- supply, replace, add to, etc.,
19 according to such considerations as duality, serviceability,
20 availability, usage and cost.
21 Section 12. COMMON STORAGE OF SUPPLIES IN GENERAL USE.
22 Supplies in general use shall be stored at a convenient location
23 under the control of the purchasing department. Departments
24 shall requisition supplies from the common stores as needed.
25 Stocks of general supplies on hand within the using department
26 shall not normally exceed a thirty day supply.
27 Section 13. ROAD DEPARTMENT CENTRALIZED STORES AND
28 ACQUISITIONS. The County Executive shall designate a Purchasing
29 Coordinator who will be responsible for coordinating Road
30 Department acquisitions. under the direction of the purchasing
agent.
(1) The purchasing coordinator shall be responsible
nance - 5.
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for maintenance and operation of a Road Department
Central Stores.
(2) The coordinator will, with the assistance of the
road supervisors and the purchasing agent, establish
a standardized stock of supplies, parts, tools,
equipment and any other items of general use throughout
the road departments.
(3) All.road department items of general use will be
drawn by road department personnel from central stores
stock. Items not stocked but required will be acquired
through the coordinator. Items not of general use will
be acquired through the purchasing department.
(4) The coordinator will secure quotations for
acquisition of materials and supplies as prescribed
above in Section 8(4). Purchases requiring bids will
be the responsibility of the purchasing agent.
Section 14. WARRANTS AND ACCOUNTING. No warrants
shall be issued for the purchase or lease of capital outlay
equipment (nor a lease period extended or purchase - option
exercised) unless authorized by the county purchasing agent.
The purchasing agent shall be responsible for correspondence
with vendors and handle closing documents. Except for common -
use equipment and rentals and common stores which shall be
paid out of the County Supply Fund or the Road Fund, all warrants
for purchases or contracts pursuant to the provisions of
Section 1 above shall be drawn against the account of the
department requesting the purchase.
.Section 15. COMMON -USE EQUIPMENT AND RENTALS.
The purchasing agent shall be responsible for, and carry in the
"Common Stores Inventory ", as provided hereinafter, all equipment,
ordinance - 6.
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11 owned or rented (a transfer from an original owner department
is authorized) which is used by more than one department. The
purchasing agent shall establish user charges sufficient to
amortize the cost of purchasing, maintaining, or operating,
and /or leasing such equipment, which amounts shall be charged
against the account of the user and credited to the County Supply
Fund on a monthly basis.
Section 16. COUNTY SUPPLY FUND. The purchasing agent
shall sign all vouchers for warrants to be drawn by the county
auditor on the equipment rental revolving fund set up by the
county treasurer and commonly known as the "County Supply Fund ".
Section 17. INVENTORIES. The purchasing agent shall
be responsible for maintaining a perpetual inventory of supplies
and equipment in the common stores and shall report to the County
Executive a balancing of the inventory record with the actual
amount of supplies and equipment on hand on the second Monday
in February. The purchasing agent shall also be responsible
for the preparation, documentation, and filing of the annual
inventory reports of all county personal property as provided
below.
Section 18. ANNUAL INVENTORY OF ALL PERSONAL PROPERTY
OWNED BY THE COUNTY. On the second Monday in March the purchasing
agent shall submit to the County Executive an inventory and
report as provided below, on personal property owned by the county
charged to the road department. This report will be consolidated
with inventory reports of every other county department or
operation for which public funds have been or will be expended
in whole or in part. All inventories shall provide an accounting
of all supplies, tools, machinery, equipment, materials,
appliances, etc., in the possession of and under control of
the road department and every other county department or operati
32 Inventories shall include:
Ordnance -7.
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(1) Equipment on hand, with a sufficient description
to fully identify such property and its present,value.
(2) Equipment purchased during the inventory period,
which shall be the twelve months period ending
December 31 of the preceding year, together with the
dollar amount paid therefor and the purchase order
number under which it was purchased.
(3) Equipment sold or disposed of during the inventory
period, with a sufficient description to fully identify
same, the dollar amount realized, whether or not it
was sold at public or private sale or method of
disposal, and the reason for such disposal.
The verified inventory reports shall be filed, as a public record,
in the purchasing department and kept available there for inspection
by the public.
Section 19. BIDS REQUIRED FOR CONTRACTS, LEASES, OR
PURCHASES INVOLVING $3,500 OR MORE. No contract, lease, or
purchase involving funds of -thirty-five hundred dollars ($3,500)
or more shall be entered into until after bids have been submitted
in response to specifications and invitations to bid: Provided
however that any bid exceeding $10,000 shall be submitted to
the Council for approval.
Section 20. WRITTEN SPECIFICATIONS TO BE FILED. All
specifications for public works, leases, or purchases prepared
under the provisions of this ordinance shall be in writing and
filed in the purchasing department for public inspection.
Section 21. INVITATION TO BID TO BE ADVERTISED. An
advertisement that written specifications are on file in the
purchasing department and available for public linspection shall be
published in the county newspaper. Such advertisement shall state:
(1) The date after which bids will not be received.
(2) The character of the work to be done, or the
di-nance - 8.
I material, equipment or service to be purchased..
2 (3) That the specifications therefor may be seen in
.3 the purchasing department.
4 Such advertisement shall be published at least once in each
5 week for two consecutive weeks prior to the last date upon which
6 bids will be received. Such advertisement may be published
71 for as many additional publications as shall be considered in the
8 county's interest by the purchasing agent.
.9 Section 22. BIDS TO BE OPENED AND READ AT PUBLIC
10 MEETING. Bids received shall be opened and read in public by
11 the purchasing agent on the date named in the advertisement
12 for bids, or to such an adjourned time as may then be publicly
13 announced. After opening, all bids shall be reviewed by the
14 purchasing agent, referred to the requisioning department for
15 recommendation of award, returned to the purchasing agent who,
16 in turn, will forward them with his recommendation to the County
17 Executive for award. After opening and award, all bids shall
18 be filed in the purchasing department for public inspection.
19 Section 23. FIVE PERCENT BID DEPOSIT REQUIRED FOR
20 PUBLIC WORKS. No bid shall be considered for public work
21 unless it is accompanied by a bid deposit in the form of a
22 surety bond, postal money order, cash, cashier's check, or
23 certified check in an amount equal to five percent of the amount
24 of the bid proposed.
25 Section 24. WHEN BID DEPOSIT FORFEITED. Should the
26 bidder to whom the contract is awarded fail to enter into the
27 contract or fail to furnish the contractor's bond within tern days
28 (exclusive of the date of notice) after notice of the award, the
29 amount of the bid deposit shall be forfeited to the county.
30 Thereafter, the award shall be made to the next lowest
31 responsible bidder. The bid deposit of an unsuccessful bidder
32.11 (if his bid deposit has not been forfeited) shall be returned
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after the required contractor's bond of the successful bidder
has been accepted.
Section 25. AWARD TO THE LOWEST RESPONSIBLE BIDDER.
Any or all bids may be rejected for good cause. If all bids
are not rejected, the award shall be to the lowest responsible
bidder. In determining which is the lowest responsible bidder,
the county may take into consideration the quality of the
articles to.be purchased or leased, availability of parts and
service, and delivery time.
Section 26. CONTRACTOR'S BOND REQUIRED FOR PUBLIC
WORKS. The county shall require from the successful bidder a
contractor's bond in the amount and with.the conditions imposed
by law. On contracts of two thousand dollars or less, Whatcom
County may, where one hundred percent of the contract amount is
retained for a period of thirty days after date of final
acceptance (providing all necessary releases from the tax
commission and the department of labor and industries have been
received) dispense with the requirement of a contractor's bond,
as permitted by state law. When required, the contractor's
bond shall be a good and sufficient bond, with two or more
sureties, or with a surety company duly and currently licensed
to engage in surety bonding business in the State of Washington.
Such bond shall conform to Revised Code of Washington
Section 39.08.010. she contractor's bond shall run to and
be payable to the County of Whatcom, State of Washington.
The conditions of the contractor's bond shall include:
(1) Faithful performance of the contract.
(2) Faithful payment of all laborers, mechanics,
subcontractors, materialmen, and persons who shall
supply such laborers, r;iechanics, subcontractors, or
Ordinance - 10.
1 materialmen with provisions and supplies for
2 carrying on such work-.
3 The contractor's bond to be approved by the purchasing agent
4 and filed in the purchasing department.
5 Section 27. CONTRACTS WITH UNREGISTERED OR UNLICENSED
6 CONTRACTORS PROHIBITED. 'No contract shall be entered into or
7 executed with any contractor who is not registered or licensed
8 as required by the laws of this state (except only as permitted
9 under 39.06.010 Revised Code of Washington for highway projects
10 for contractors who have been prequalified as required under
11 47.28.070 Revised Code of Washington).
12' Section 28. JOINT PURCHASING. The purchasing agent is
13 authorized, and encouraged, to make his services available to
14 any other municipal corporation in Whatcom County. The purchasing
15 agent may assist in forwarding the warrant of a participating
16 municipal corporation in the amount of the purchase price
17 agreed to pursuant to the provisions contained herein governing
18 the securing of quotations and bids. The purchasing agent may
19 assist the participating municipal corporation in any way (except
20 that a sale or contract shall be between the vendor and the
21 participating municipal corporation and not the purchasing agent
22 or Whatcom County) and he shall bill said municipal corporation
23 for two percent of the purchase price, payable to the county
24 current expense fund, for such assistance. The purchasing agent
25 may join with any other purchaserto secure quotes or bids based
26 on volume if he believes it is in the county's best interest to
27 do so.
28 Section_29` COMPETITIVE BIDS - EMERGENCY PURCHASES.
29 In the event of an emergency when the public interest or property
30 of the county would suffer material injury or damage by delay,
31 upon an order of the County Executive declaring the existence
32 of such emergency and reciting the facts constituting same, the
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requirements governing competitive bids with reference to any
purchase or contract may be waived pursuant to 36.32.270.
Passed this 2nd day of August, 1979.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
v-
Ch r on
ATTEST: Joan Ogden
County Auditor & Ex- officio
Clerk of the Council
By
Deputy
APPROVED AS TO FORM:
WILLIAM A. GARDINER
Civil Deputy Prosecuting
Attorney
() APPROVE))
blished Julv 26
Ordinance -12.
( ) VETOED Date
and August 9, 1979