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A 10% retainage shall be retained by the county for every construction project, with the retainage to be payable, less any deductions allowed by contract, when the punch list is completed and the completed project accepted by the County Administrator, or as otherwise authorized or directed by County Council.
(Ord. 01-02-04, passed 1-7-2004)
(A) For every contract the county enters into, time is of the essence; accordingly, a time frame for delivery or completion shall be established and incorporated into the contract between the county and the contractor. This time limit shall set the completion date of work provided by the contractor. In the event that the contractor fails to perform the stated work within the time frame, liquidated damages may be assessed by the county as indicated in the contract.
(B) In solicitation for bids, proposals, or qualifications, the county shall specify that the contractor shall provide in his or her bid document a time frame for completing the project, and that time is of the essence in completing the contract. The county shall specify in its requests for proposals, requests for qualifications, or in its invitations for bids that time is of the essence and shall specify a time frame for the completion of the work. If the contractor cannot provide the work in that time frame, he or she shall so indicate in his or her bid or his or her proposal, and the county shall take that into consideration. Any agreements reached between the contractor and the county shall be so stipulated in the contract agreement between the parties.
(Ord. 01-02-04, passed 1-7-2004)
(A) Generally. All vending machines, food service operations, or other concessions to be placed and operated in any building or on any property owned or occupied by any department or agency of the county shall be secured through a process of competitive bidding, if it is to the advantage of the county to do so. Exception: Elected officials may allow the placement at their offices of vending machines purchased or leased with employee funds, or donated to the office, and so long as public funds are not used to purchase, lease, or stock the machines, the revenues therefrom are not county funds, and may be disbursed as directed by the elected official or his or her designee.
(B) Installation/commission basis. Unless specifically excepted by County Council, no vending machine, pay telephone, or other concession device shall be purchased by the county. Subject to the exception stated in division (A) above, all concessions shall be placed and operated on the basis that the vendor installs, maintains, and stocks the machines and pays a commission to the county.
(C) Disposition of commissions. Subject to the exception in division (A) above, all commissions earned from any concession on county property shall be deposited with the County Treasurer through the Finance Department, to be credited to the General Fund except as otherwise designated by County Council.
(D) Applicability. This section shall apply to all property owned or leased by the county, including but not limited to the Administration Buildings, Courthouses, Sheriff's office, Emergency Communications Center, Detention Center, Public Works Center, environmental solid waste disposal sites, or any other property occupied by any county department or agency.
(E) Exemptions. This section shall not apply to any concession granted to a blind person or to the State Commission for the Blind pursuant to the provisions of S.C. Code § 43-25-70, as amended. The County Administrator may grant individual concessions to any handicapped person in preference to any other nonhandicapped person submitting a bid under this chapter. This section shall not apply to concessions operated on property leased by the county to any other person, firm, corporation, or agency.
(Ord. 01-02-04, passed 1-7-2004)
CONCLUDING PROVISIONS
Nothing contained in this chapter shall diminish the statutory authority of the County Administrator, who shall retain ultimate responsibility for the implementation of the policies of County Council as expressed in this chapter. The County Administrator shall supervise and direct the Purchasing Director in the performance of his or her duties, and he or she may elect to perform any of the duties assigned to the Purchasing Director herein, if he or she deems it to be in the best interests of Newberry County.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
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