5.04.090 Contracting for services.
A. Services Defined. “Services” means and includes the performance of a task involving utilization of personnel who are either employees of the county or retained by contract.
B. When Service Contract May Be Utilized. Services which the county cannot provide, either because of workload capacity or lack of specialized expertise may be provided through a service contract under the following conditions:
1. The contractor is a legal entity or the contractor is one who meets the basic requirement to enter into an independent contractor relationship, including a majority of the following criteria:
a. Possesses licensure;
b. Possesses advanced academic and/or professional degrees;
c. Operates an independent business including clients other than the county;
d. Routinely provides services on an independent contractor fee for services basis;
e. Provides own equipment, supplies, personnel;
f. Works primarily without supervision as to time, manner and methods utilized to perform services;
g. Maintains own liability insurance;
h. Maintains own workers’ compensation insurance policy or has no employees;
i. Maintains own books and records;
j. Files own payroll, and state and federal income tax returns applicable to service income and expenses;
k. Routinely bills for services;
l. Willing to enter into “Independent Contractor Agreement” waiving or excluding “employee” benefits.
2. There is an adequate budget appropriation in the department for which the services are sought.
3. The contract is duly approved by the Board of Supervisors.
C. When Contract Is Required. A contract for services is required in the following instances:
1. The entity or person to provide the services meets the criteria set forth in subsection (B)(1) of this section.
2. The work cannot readily be performed by existing county employees.
3. The services to be provided involve work of a value in excess of $7,500 on a fiscal year basis from any Contractor. Services costing $7,500 or less may be contracted for by use of a purchase order and shall include terms and conditions as may be required by the Auditor. Auditor shall have the authority to reject the use of a purchase order when in his or her judgment a more detailed contract is required to serve the interest to the county.
D. Contract Requirement Exclusions.
1. Vehicle maintenance and repair;
2. Routine plant maintenance and repair;
3. Bona fide emergency which requires immediate action for the preservation of health or safety;
4. Court ordered services (Conflict Public Defenders, Court Reporters, Investigators, jury/witness fees, experts).
E. Competitive Bidding.
1. Informal Bidding Required. Informal competitive bidding shall be required, unless otherwise exempt pursuant to subsection (E)(2) of this section, for any service contract, the payments pursuant to which exceed $5,000.
2. Exemptions.
a. Professional Services. Competitive bidding is not required unless so directed by the Board of Supervisors for any contract for services which requires a high degree of professional training, skill and use of independent judgment including medical, legal, auditing, accounting, financial advisors, architectural, engineering, survey, scientific consultation, environmental or historical review and evaluation.
b. Equipment Maintenance and Repairs. Competitive bidding is not required unless so directed by the Board of Supervisors for equipment maintenance or repairs, or the purchase of parts or materials for such purpose.
c. Miscellaneous Identified Services. Competitive bidding is not required unless so directed by the Board of Supervisors for contracts to print legal briefs or legal notices, contracts for reporters’ services or transcripts, contracts for election supplies, contracts for expert services to be rendered the offices of the District Attorney or Sheriff, contracts for Appraisers’ services, contracts for consultants and other experts employed directly by the Board of Supervisors, or contracts for other services which by law some other officer or body is specifically charged with obtaining.
d. Specific Findings. Competitive bidding may be waived if the Board of Supervisors finds that the cost of preparing bid specifications for contract projects for which competitive bidding is not otherwise required by law would significantly increase the cost to the public of providing the subject service and accordingly the requirement of formal bidding procedures for such contracts is waived.
e. Exemption Provided by Law. Competitive bidding may be waived for any contractual arrangement that is specifically made exempt by statutes or county ordinances.
F. Advertising for Services. Other than as exempted pursuant to subsection (E)(2) of this section, all contracts over the value of $1,000 shall be advertised not less than one time in a newspaper of general circulation in the county. (Ord. 993, eff. 12/20/07; Ord. 910, eff. 8/17/00; Ord. 801, eff. 1/14/93)