Contra Costa County Municipal Code Ch. 1108-2 Purchasing

Under Sections 25500 and following of the Government Code of the state, the office of purchasing agent is established.

(Prior code § 2500: Ord. 1212).

The purchasing agent shall have the duties and powers prescribed by laws of the state relating to county purchasing agents, by this chapter and by resolutions of the board of supervisors. The purchasing agent shall be the head of the purchasing department of the county and shall appoint the deputies, assistants and other employees that from time to time shall be authorized in the current salary regulations of the county. The purchasing agent shall give the board of supervisors and designated departments reports and information which the board from time to time may require. The purchasing agent shall establish methods and procedures for the functioning of the purchasing department in an effective and economical manner.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2501: Ord. 1212).

(a) County. The purchasing agent shall purchase for the county and its offices all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature.

(b) Schools and Others. The purchasing agent shall, when authorized, make purchases for the county superintendent of schools or other public officials and agencies.

(c) Except in cases of emergency (Section 1108-2.220), or in cases where the board otherwise provides, no purchase of personal property by any person other than the purchasing agent shall bind the county or constitute a lawful charge against county funds.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: Ord. 1960: prior code § 2502: Ord. 1212).

The purchasing agent shall rent for the county and its offices, furnishings, livestock and equipment including road equipment for the road commissioner pursuant to Streets and Highways Code Section 2009.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: prior code § 2502.1: Ord. 1212).

The purchasing agent shall negotiate and execute in the name of the county all equipment service contracts and lease-purchase agreements concerning personal property.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: prior code § 2502.2: Ord. 1212).

(a) The purchasing agent shall sell any personal property belonging to the county and found by the board not to be further required for public use. The purchasing agent may, when purchasing personal property, accept advantageous trade-in allowances or exchanges.

(b) When specifically authorized by law, the purchasing agent may sell or dispose of personal property of any special district, and, if an exchange or trade is made, return the proceeds to the special district.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: prior code § 2502.3: Ord. 1212).

(a) General. The purchasing agent shall engage contractors to perform services for the county and its offices, with or without the furnishing of material, where the aggregate cost does not exceed the amount authorized in Government Code Section 25502.5 from time to time.

(b) Exceptions. This section does not apply to any of the following:

(1) Printing legal briefs or legal notices.

(2) Phonographic reporters services or transcripts.

(3) Special expert services for the county counsel's, district attorney's, public defender's, or sheriff's offices.

(4) Election supplies.

(5) Consultants and other experts employed directly by the board.

(6) Other services that by law some other officer or body is specifically charged with obtaining.

(7) Road equipment rented by the purchasing agent pursuant to Section 1108-2.208.

(8) Contracts let by the purchasing agent pursuant to Public Contract Code Section 20394, 20394.5, or 22032(a).

(c) Discretion. The purchasing agent, at the purchasing agent's discretion, may engage or assist with obtaining the services listed in subsection (b) when requested by the involved county office or department.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2013-20, § II, 10-15-13; Ords. 2000-30, 87-30 § 2, 84-68 § 1, 82-63, 82-51, 81-19 § 1, 71-101 § 1, 69-75 § 1: prior code § 2502.4, § 2502: Ord. 1212 § 3 [1958]: see also § 1108-2.215 and Gov. C. §§ 2502, 54201 ff).

The purchasing agent is authorized to contract for special services, within the monetary limit specified in Government Code Section 25502.5, on behalf of the county, any county officer or department, or any district of the county, but only to the extent permitted by Government Code Section 31000. This delegation is subject to Article 1108-2.4 and any regulations that the county administrator may promulgate.

(Ord. No. 2023-14, § 2, 7-11-23; Ords. 2008-07 § 2, 78-58 § 1, Gov. Code §§ 25502.5, 31000).

The purchasing agent may, pursuant to and restricted by Public Contract Code Section 22032(a) or any successor statute, as may be amended, let contracts or issue purchase orders for public projects, as defined in Public Contract Code Section 22002.

(Ord. 71-101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: prior code § 2502.5: Ord. 1212).

(Ord. No. 2013-20, § III, 10-15-13)

Notwithstanding any other provision of this division, prior to the purchasing agent, any county officer or department, or any district of the county entering any contract for legal services, the contract shall first be reviewed and approved in writing by the county counsel. This section does not apply to contracts entered by the district attorney or public defender for special expert criminal legal services authorized by law.

(Ord. 87-30 § 3).

The purchasing agent shall perform other services that the board may require from time to time.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71101 § 1 (part), 1971: Ord. 69-75 § 1, 1969: prior code § 2502.6: Ords. 1212).

Emergency purchases may be made by any person or official authorized to sign requisitions when the purchasing agent or any of the purchasing agent's assistants in the purchasing department who are authorized to make purchases are not immediately available and when the item or items purchased are immediately necessary for the continued operation of the office or department involved or are immediately necessary for the preservation of life or property. Emergency purchases shall be subsequently approved and confirmed by the purchasing agent; or, if the purchasing agent refuses to confirm, the board of supervisors may subsequently approve and confirm the purchase by a four -fifths vote of the whole board. Unless purchases are approved and confirmed either by the purchasing agent or by the board of supervisors, the cost shall not constitute a legal charge against the county.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2503; Ord. 1212).

Except as otherwise required by ordinance or general law, the board of supervisors, by resolution, may authorize county departments and officers to purchase services, supplies, equipment, materials, goods and other personal property without utilizing the purchasing agent. Any such purchase may only be made as provided for by board resolution, any applicable county administrative bulletin and in accordance with current appropriated budget accounts by obtaining a warrant from the auditor-controller. As appropriate or necessary, the auditor-controller shall report to the county administrator on county officer and department purchasing done pursuant to this section.

(Ord. 90-115).

Except as otherwise required by ordinance or general law, the board of supervisors, by resolution, may authorize county departments and officers to purchase supplies, equipment, materials, goods and other personal property without using the purchasing agent if a procurement card authorized by the county general services department is used. Such purchases may only be made as provided for by board resolution, any applicable county administrative bulletin and in accordance with current appropriated budget accounts. As appropriate or necessary, the director of general services shall report to the county administrator on the purchasing done pursuant to this section.

(Ord. 97-45 § 2).

Article 1108-2.4. Procedure

There is established from the unappropriated funds of the county a revolving fund in an amount that the board of supervisors may establish from time to time by resolution. The fund shall be known as the purchasing department revolving fund. The purchasing agent may purchase supplies and materials in quantity for offices and departments of the county as needed, and the purchasing agent shall make payments for them out of the revolving fund. As the supplies and materials are issued to an office or department, the fund shall be reimbursed from the budgeted funds of the requisitioning department.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2504: Ord. 1212).

Except for purchases from the revolving fund, all purchases, rentals, and contracts shall be made only on proper written requisitions, the forms of which shall be supplied by the purchasing agent to the offices of the county. The head of any county office, department, or institution, or the head's duly designated assistant, is authorized to draw requisitions for purchases for the office, department, or institution in accordance with current budget accounts. The head may delegate this authority to one or more of the head's deputies, assistants, or employees within the department by finding a written authorization with the purchasing agent and the auditor-controller.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2505: Ord. 1212).

Except as otherwise provided by ordinance or general law, the purchasing agent may make any purchase of personal property or do any other thing authorized in this chapter without notice, advertisement, or the securing of competitive bids or quotations. However, if the purchasing agent purchases any individual item (as distinct from the total contract) costing more than five thousand dollars without securing competitive bids or quotations, the purchasing agent shall report this action to the county administrator with the purchasing agent's reasons; if the purchasing agent does call for competitive bids or quotations and accepts any bid or quotation other than the lowest on any individual item costing more than five hundred dollars, the purchasing agent shall report that fact to the county administrator.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2506: Ord. 1212).

(a) Except as otherwise provided in this section, whenever the purchasing agent purchases supplies, materials and/or equipment in an amount in excess of twenty-five thousand dollars for the County through the use of competitive bids, the purchasing agent in evaluating the bid or price for these supplies, materials and/or equipment will determine if the lowest responsible vendor is a local vendor as defined in this section and, if so, the contract will be awarded to the local vendor. If the low bid is not a local vendor, any responsive local vendor who submitted a bid that was within seven percent of the lowest responsive bid as determined by the purchasing agent will have the option of submitting a new bid within forty-eight hours (not including weekends or holidays) of the County's delivery of notification. Any new bids must be in an amount less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors, the purchasing agent will award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the contract will be awarded to the original low bidder as announced by the purchasing agent.

(b) For purposes of this procedure, a "local vendor" means any person or business that:

(1) Has its principal place of business located in Contra Costa County for at least six months immediately before the purchasing agent issues the request for competitive bids; and

(2) Has a business license, if required, issued by Contra Costa County or a jurisdiction located in Contra Costa County.

(c) Any vendor claiming to be a local vendor, as defined above, must submit with its bid a statement containing relevant information that demonstrates its status as a local vendor. This statement must be on a form available from the County purchasing agent and must be signed under penalty of perjury. The purchasing agent is not required to verify the accuracy of these statements, and has sole discretion to determine if a vendor meets the definition of a local vendor.

(d) Any person or business falsely claiming to be a local vendor under this section will be ineligible to conduct business with Contra Costa County for a period of not less than three months and not more than twenty-four months as determined in the sole discretion of the purchasing agent. The purchasing agent also has the right to terminate all or part of any contract entered into with any of these persons or businesses.

(e) This section does not apply to contracts required by state or federal statutes or regulations to be awarded to the lowest responsible bidder, contracts funded in whole or part by the federal government, or contracts otherwise exempted from local preference.

(Ord. No. 2023-21, § 2, 12-12-23; Ords. 2023-21 § 2, 2005-29 § 2).

Notice of sale of surplus personal property shall be posted for not less than five business days before the day of sale in the County Court House, in the office of the purchasing agent, and in another public place within the county that the purchasing agent may deem advisable.

(Prior code § 2507: Ord. 1212).

In the disposition of any surplus personal property and on approval of the board of supervisors, the purchasing agent may purchase advertising space and may advertise the proposed sale or other disposition of the personal property in the newspapers, magazines, and other periodicals that in the purchasing agent's judgment will best publicize the proposed sale or other disposition to those persons most likely to bid for or purchase the personal property. Within the limitation of the order of the board of supervisors approving the advertising, the purchasing agent shall decide the amount, nature, makeup, and content of the advertising.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2508: Ord. 1212).

Whenever any item of personal property is no longer needed by the office, department, or institution in possession of it, this fact shall be reported to the auditor-controller and the facilities management division of the general services department, who may transfer the item to a surplus pool to be maintained under the supervision of the general services department. Whenever any office, department, or institution needs an item which has been placed in the surplus pool or has requisitioned the purchase of a similar item, the purchasing agent may request transfer of the item to the department on a properly drawn request for transfer or requisition approval by the county administrator.

(Ord. 91-14, prior code § 2509, Ord. 1212).

The board of supervisors shall organize a standards committee to establish and maintain standards of type, design, quality, or brand of a certain article or group of related articles or services purchased by the county. The county administrator shall be chairperson of this committee, and other members that may be deemed necessary shall be appointed from time to time.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 2510: Ord. 1212).