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(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)
The county recognizes that the actions of a Council in a current budget year cannot bind a future Council to a particular course of action in a future budget year, except in certain specific instances, such as the issuance of general obligation indebtedness. For that reason, each contract entered into by the county that requires payment to be made in a future budget year must contain a nonappropriation clause. As defined hereinbefore, such a clause essentially provides that if a future Council fails to appropriate sufficient funds to meet a contractual obligation for that future budget year, the contract can be terminated without penalty to the county, and without limiting the county's ability to appropriate other funds for the provision of similar goods or services in that future budget year or years. Contracts that require payment in the current budget year for delivery of a product or service in a future budget year are not subject to this provision.
(Ord. 01-02-04, passed 1-7-2004)
In the event any bidder is determined to be an irresponsible bidder or is otherwise debarred from bidding on goods, services, or equipment needed by the county, then after the passage of at least 6 months from the final action disqualifying the bidder from bidding on, or otherwise providing, goods, services, or equipment to the county, the person or firm may petition the County Administrator to be restored to the bidders list for goods, services, or equipment, and the Administrator may require the bidder to demonstrate financial responsibility or ability to comply with all county bidding and procurement requirements for those items the bidder wishes to bid for, as a condition to restoring the bidder to the bidders list, and the Administrator's decision shall be issued in writing and shall be final.
(Ord. 01-02-04, passed 1-7-2004)
Any provision of state law which is required to apply to county procurement procedures shall be deemed to be incorporated herein by reference, unless state law makes the adoption of the provision voluntary or discretionary, or mandates further action by Council for implementation.
(Ord. 01-02-04, passed 1-7-2004)