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Newberry County Overview
Newberry County, SC Code of Ordinances
NEWBERRY COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
OFFICIALS OF NEWBERRY COUNTY, SOUTH CAROLINA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 34.48 PURCHASING FILES.
   (A)   Generally. The Purchasing Director shall develop and maintain a list of vendors who offer supplies, materials, equipment, or contractual services normally required by county agencies. The Purchasing Director shall record on the bidders list any significant history of trade with a vendor, whether favorable or unfavorable, for the purpose of determining whether a given vendor is a responsible bidder. The status of a given vendor may be reviewed from time to time by the Purchasing Director.
   (B)   Catalog file. The Purchasing Director shall develop and update from time to time a file of catalogues for supplies, materials, and equipment normally required by county agencies.
   (C)   Specifications file. The Purchasing Director shall develop and maintain a file reflecting specifications for all standard supplies, materials, and equipment normally used by county agencies. The specifications shall be the sole criteria of acceptability for all items of the types for which they are maintained. Using agencies should not specify additional characteristics on standard items unless the additional specifications (e.g., brand, specific color, unusual size, and the like) are justified to the satisfaction of the Purchasing Director, provided, however, that the Purchasing Director is not authorized to interfere with the performance of the duties of an elected official in the administration of these specifications in the purchasing of equipment, materials, services, and supplies. The Purchasing Director should develop standard nomenclature for the purpose of communication with using agencies concerning their requirements.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.49 EXCEPTIONS.
   (A)   Prohibition against subdivision. No contract or purchase may be subdivided to avoid the requirements of this chapter, provided, however, that individual items may be purchased from different bidders if:
      (1)   The requirements of this chapter are followed with respect to the entire estimated cost of all items for which bids are invited; and
      (2)   The practice is consistent with the terms of the notice inviting bids.
   (B)   Award to other than low bidder. It is the policy of Newberry County to award all contracts or purchases to the lowest responsive, responsible bidder, unless a combination of the following factors outweighs the single factor of cost, in which event justification of the selection will be required to be made to, and approval received from, the County Administrator or his or her designee:
       (1)   The ability of the bidder to perform the contract or provide the goods or services promptly or within the time specified without delay or interference;
      (2)   The quality, availability, and adaptability of the goods or services for the use of the subject of the contract;
      (3)   The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
      (4)   The number and scope of conditions attached to the bid;
      (5)   The delivery and discount terms of the bids;
      (6)   The convenience of the location where the goods are to be delivered or picked up or the service is to be rendered; and
      (7)   The best interests of the citizens of the county.
   (C)   Price escalation clauses. The awarding authority may enter into contracts containing price escalation clauses, provided that the escalations may reasonably be expected not to raise the average price of goods or services higher than prices offered by other bidders, and further provided that the contracts contain a nonappropriation clause.
   (D)   Cancellation of contract. The awarding authority shall have the right to cancel any purchase or contract when the vendor is found to have violated or attempted to violate the provisions of this chapter or in any of the following instances:
      (1)   If the vendor fails to make delivery within the time specified in the contract;
      (2)   If the vendor fails to provide service when service is part of the contract;
      (3)   If any supplies, materials, or equipment delivered under the contract are rejected and are not promptly replaced by the vendor (if there are repeated rejections, the contract may be cancelled, even though the vendor agrees to replace the items promptly);
      (4)   If the vendor agrees to cancellation; or
      (5)   If the contract is obtained by fraud, collusion, conspiracy, or by any method which is in conflict with statutory or constitutional provisions of the state.
(Ord. 01-02-04, passed 1-7-2004)
§ 34.50 PERSONAL INTERESTS.
   (A)   Conflicts of interest. Any purchase or contract within the purview of this chapter in which the Purchasing Director or any officer or employee of the county is financially interested, directly or indirectly, or which is, in any other manner, in conflict with state or local ethics laws, as they may be amended from time to time, shall be void if the other party knew or should have known of the interest or conflict; provided, however, that, before the execution of a purchase or contract, the County Administrator shall have the authority to waive compliance with this section when he or she finds such interest to be so remote or indirect as to be inconsequential and not in violation of law.
      (1)   No employee or elected official of the county may bid on a county contract if that individual is authorized to exercise decision making authority or responsibility with regard to that contract for the county, and any such person is declared to have a conflict of interest;
      (2)   No County Council member may bid on, or be a subcontractor on, any county contract;
      (3)   It is further declared that any person, corporation or other legal entity which is involved in active or threatened litigation with the county, or any of its officials or agencies, over a contractual or other matter (other than the contesting of a tax assessment or contesting a minor traffic violation or minor code violation), has a conflict of interest for purposes of the Competitive Purchasing procedures set forth in Chapter 34 of the Newberry County Code of Ordinances; and
      (4)   That any such person, corporation or other legal entity with a conflict of interest is debarred from bidding on county proposals for the acquisition of goods or services until such litigation or threat of litigation is finally resolved.
   (B)   Gratuities.
      (1)   Acceptance prohibited. The acceptance of any gratuity in the form of cash, merchandise, or any other thing of value by an employee of the county from any person, firm, or corporation to which any purchase or contract is or might be awarded, in violation of state ethics laws, shall be deemed a violation of this chapter and may be cause for removal or other disciplinary action. State and local ethics laws govern fully in this regard.
      (2)   Other prohibited. The offer of any gratuity in violation of state ethics laws by any actual or prospective vendor or contractor shall be cause for canceling any contract involved, for declaring the vendor or contractor an irresponsible bidder or removal of the vendor from the vendor files and bidders list.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.51 PURCHASE OF SURPLUS EQUIPMENT.
   Purchase of surplus equipment from the state will be by the Purchasing Director, with the advice and consent of the County Administrator for purchases over $5,000. The Purchasing Director will work with the using departments in obtaining the supplies from surplus property.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
PERFORMANCE, PAYMENT, AND BID BONDS; MISCELLANEOUS PROVISIONS
§ 34.65 PERFORMANCE, PAYMENT, AND BID BONDS, AND PROOF OR INSURANCE COVERAGE.
   (A)   Performance bonds. The awarding authority shall require at least a 100% performance bond issued by a commercial surety company for every construction contract expected to cost $100,000 or over. Any commercial surety company issuing a performance bond shall have an A minimum rating of performance as stated in the most current publication of Best Key Rating Guide, Property Liability. For any construction contract estimated to cost less than $100,000, the awarding authority may, in its discretion, require a performance bond in a form satisfactory to it.
   (B)   Payment bonds. Whenever the awarding authority, acting in the name of Newberry County or through any of its elected officials, departments, or agencies, awards or enters into a contract for the improvement of real property for a sum in excess of $50,000, a labor and material bond shall be supplied by the contractor for the full amount of the contract, with the bond secured by cash or by a commercial surety with an A minimum rating of performance as stated in the most current publication of Best Key Rating Guide, Property Liability. If a contract is less than $100,000, the awarding authority may permit the use of a B+ rated bond, if it justifies the use in writing. Newberry County may not require that the labor and material bond be furnished through a particular surety company or through a particular agent or broker.
   (C)   Bid bonds. For purchases in excess of $25,000 awarded pursuant to the procedures set forth in §§ 34.36, 34.37, or 34.44, and for any construction contracts for the improvement of real property, the bid or proposal shall be accompanied by a bid bond in the form of a cashier's check in the amount of 5% of the contract amount. The disposition of the bid bonds for purchases in excess of $25,000 will be as set forth in § 34.36. In the case of construction contracts, the bid bonds will be returned to the unsuccessful bidders shortly after bids are opened and the successful bidder determined. The bid bond of the successful bidder will be returned to that bidder when the bidder timely enters into the contract with the county and when any required performance and payment bonds are submitted to and accepted by the county. Bid bonds are forfeited to the county as liquidated damages when the entity to whom the contract is awarded fails to enter into the contract or otherwise fails to commence performance of its contractual obligations within the times required by its bid or in the bid specifications, or in the proposal submitted and accepted, or in the negotiated agreement, as the case may be.
   (D)   Form of cash surety. Any requirement for the submission of cash or a cashier's check in connection with providing of a bid bond or other surety under this chapter may be satisfied by the submission of a bank check payable to the County of Newberry issued by a commercial bank from 1 of its offices in South Carolina in a form satisfactory to the county, or by the deposit of cash in the required amount, or by an unconditional letter of credit in favor of Newberry County issued by a commercial bank from 1 of its offices in South Carolina in a form satisfactory to the county.
   (E)   The County Administrator and/or the Purchasing Director are authorized and directed to obtain from a successful bidder, or a from a submitter of a proposal for services who is to be awarded a contract, proof of current Workers Compensation coverage and of general liability or automobile liability or other insurance coverage, as may be required by the bid specifications or by the request for proposals, before issuing a Notice to Proceed or finally awarding the bid or entering into a contract to carry out a proposal, if the vendor is reasonably expected to have any of its servants or employees performing work on county property, on county equipment or on a county funded project, wherever located.
   (F)   The County Administrator and/or the Purchasing Director are authorized and directed to apply such policies set forth in the division (E) above to all future procurement solicitations by the county, unless specifically exempted from doing so by subsequent vote of Newberry County Council, or unless the County Administrator declares that an emergency exists which justifies temporarily suspending any of these policies.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
§ 34.66 CHARGES FOR PLANS AND SPECIFICATIONS.
   When contractors require plans and specifications in order to submit a bid, the county may supply same and make charges for them. The county may, at its option, sell specific sheets of plans to contractors or subcontractors as may be required; however, specifications must be treated as a whole and charges made for them. Contractors may return plans and specifications if they are not the successful bidder and have their charges reimbursed, provided the plans and specifications are in good, readable condition.
(Ord. 01-02-04, passed 1-7-2004)
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