Del Norte County Municipal Code § 2.33 Purchasing Agent 2.33.10 Office Established 2.33.20 General Rules 2.33.30 Specific…

Pursuant to the provisions of Section 25500 et seq. of the Government Code of the State of California, the office of purchasing agent of the county is established.

(Ord. 2005-09 § 2, (part), 2005; Ord. 2005-01 § 2, (part), 2005; Ord. 82-06 § 1 (part), 1982)

The purchasing agent, under the direction of the board of supervisors, shall have the duties and powers prescribed by this chapter and by the laws of the state relating to county purchasing agents. The Purchasing Agent shall appoint such deputies, assistants and other employees therein as shall from time to time be authorized. The Purchasing Agent shall furnish the Board of Supervisors with such reports and information as the board may from time to time require and shall establish methods and procedures necessary for the proper functioning of the purchasing function in an efficient and economical manner.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 82-06 § 1 (part), 1982)

The purchasing agent shall:

1. Purchase for the county and its offices, all supplies (except for election supplies), furnishings, materials, equipment, livestock and other personal property of whatever kind and nature. The purchasing agent may authorize the head of any department of the county government to purchase all items of personal property that the department may require, provided that in no event shall any person other than the purchasing agent be authorized to purchase any fixed asset (defined as any item of personal property with a projected useful life exceeding one year and a purchase price equal to or exceeding two thousand dollars). Except in cases of emergency, no purchase of a fixed asset by any person other than the purchasing agent shall be binding on the county or constitute a lawful charge against any county funds.

2. Rent or lease for the county and its offices, furnishings, equipment and livestock, excepting, however, road equipment which the director of transportation is authorized by law to rent or lease.

3. Negotiate and execute in the name of the county all equipment service contracts and lease purchase agreements of personal property.

4. Negotiate and execute in the name of the county as leasee, rentals of real property which the county may require except as otherwise provided in this code.

5. Sell, salvage, destroy, or otherwise dispose of any personal property belonging to the county which is not required for public use, and which has an estimated value of less than one thousand dollars. If such personal property has an estimated value of one thousand dollars or more, the purchasing agent may sell, salvage, destroy, or otherwise dispose of such property only if it has been found by the board of supervisors not to be required for public use. In addition to any other method of disposal authorized by this section, the purchasing agent may, when purchasing personal property, accept advantageous tradein allowances for such property not required for public use.

6. Engage independent contractors to perform sundry services for the county and its offices thereof with or without the furnishings of material within the monetary limits specified in Section 25502.3 of the Government Code as hereafter amended provided, however, this does not apply to contracts to print legal briefs or legal notices, contracts for court reporters services or transcribers, contracts for election supplies, contracts for expert services to be rendered to the offices of county counsel, district attorney or sheriff, contracts for consultant or 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.

7. Contract on behalf of the county, and county officer or department, or any district or court of the county for special services as permitted by Government Code Section 31000 within the monetary limits specified in Government Code Section 25502.3 as hereafter amended.

8. Authorize a department head to acquire by informal competitive bidding, supplies, (except for election supplies), equipment, furnishings, livestock, and other personal property where it is determined the expenditure will not exceed ten thousand dollars for a class of commodities normally obtained from the same source of supply. Any expenditure that will exceed ten thousand dollars shall be authorized by the purchasing agent (purchase order).

9. When specifically authorized by law, sell or dispose of personal property of any special district and pay the proceeds thereof into the treasury of the district, or if any exchange or trade is made, return the proceeds to the special district.

10. Originate and prepare at time of purchase or other acquisition by the county, records, on approved form, of equipment items subject to inventory and shall forward records to such department as the board of supervisors shall designate to maintain physical inventory records. Such reports shall specifically show description, value, and location of the various items.

11. Perform such other services as the board of supervisors may from time to time require.

12. Engage independent contractors to perform work upon the county roads, with or without the furnishing of materials, within the monetary limits specified in Section 20394 of the California Public Contracts Code as amended from time to time.

13. Dispose of personal property found, saved, or abandoned on property owned by or subject to the possession of Del Norte County, provided that such unclaimed property has first been held by Del Norte County for a period of at least three months. Such property may be sold in the manner provided by Article 7 (commencing with section 25500) of Chapter 5 part 2 of Division 2 of Title 3 of the Government Code, and Subdivision E of this section, as the same may be amended from time to time, pertaining to the sale of surplus personal property. Such found, saved, or abandoned property may be determined by the Board of Supervisors to be needed for a public use, in which case the property shall be retained and not sold.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 2002-003; Ord. 2000-008 §§ 43, 44, 69, 2000; Ord. 82-06 § 1 (part), 1982)

When there is delivered to the purchasing agent any unclaimed personal property in the possession of the sheriff, or when any unclaimed evidence from criminal cases is transferred to the purchasing agent on the order of the court pursuant to Section 1417.5 of the California Penal Code, the purchasing agent may do one of the following with respect thereto:

1. Destroy or otherwise dispose of such property if the purchasing agent determines that the same has no, or negligible value and is not needed for county purposes.

2. Retain said property for county use or

3. If the board of supervisors finds such property to be surplus property, sell the same by public sale pursuant to Government Code Sections 25504, 25506, and 25507 and deposit the proceeds from such sale into the county general fund. Property transferred to the purchasing agent pursuant to this section shall not be redeemable thereafter by the owner.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 2000-008 § 45, 2000; Ord. 82-06 § 1 (part), 1982)

In addition to purchases authorized by any other provision of this chapter, emergency purchases may be made by any person or official authorized to sign requisitions when the purchasing agent or any assistants authorized to make purchases is not immediately available and 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. Such emergency purchases shall be reported to the purchasing agent upon the first working day following such emergency purchases. The purchasing agent shall subsequently approve or confirm, or if the purchasing agent refuses such confirmation, the board of supervisors may subsequently approve and confirm such purchases by a four-fifths vote of the entire board. Unless such purchases are so approved or confirmed by either the purchasing agent or the board of supervisors the cost thereof shall not constitute a legal charge against the county.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 2000-008 § 46, 2000; Ord. 82-06 § 1 (part), 1982)

Except as to purchases made by a department head under an authorization granted pursuant to Section 2.33.30(A), all purchases, rentals, and contracts shall be made only upon proper written requisition, the form of which shall be supplied by the purchasing agent to the several offices of the county. The head of any county office, department or institution or his or her duly designated assistant is authorized to draw requisitions for purchases for such office, department or institution in accordance with current budget accounts. Such head may delegate such authority, and any authority granted pursuant to section 2.33.30(A), to one or more deputies, assistants or employees within the department by filing a written authorization therefor with the purchasing agent and the auditor.

(Ord. 2005-01 § 2 (part), 2005; Ord. 2000-008 § 48, 2000; Ord. 82-06 § 1 (part), 1982)

Except as otherwise provided by this chapter or general law, the purchasing agent may without notice, advertisement or the securing of competitive bids or quotations make any purchase of personal property, or do any other thing which the purchasing agent is authorized to do in this chapter.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 82-06 § 1 (part), 1982)

Pursuant to Public Contract Code section 22030, the Board of Supervisors has by resolution 93-85 elected to become subject to the California Uniform Cost Accounting Procedures. Adoption of the resolution to become subject to Public Contract Code Section 22030 allows granting of contracts as outlined in Section 2.33.085 of Del Norte County Code, Informal Bidding Procedures.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005)

Notwithstanding any other provisions of this chapter, the following informal bidding procedures may be employed when determined to be appropriate by the purchasing agent:

1. Public projects, as defined by the California Uniform Public Construction Cost Accounting Act, in excess of seventy-five thousand dollars ($75,000) but less than or equal to two hundred twenty thousand dollars ($220,000), may be let to contract by informal procedures as set forth in Section 22030 et seq. of the Public Contract Code and shall be subject to those provisions and the provisions of this section.

2. As authorized by Public Contract Code Section 22032, subdivision (a), public projects of seventy-five thousand dollars ($75,000) or less may be performed by county employees by force account, by negotiated contract, or by purchase order, without formal or informal bidding procedures.

3. Purchasing agent shall as soon as is practicable after the time for the renewal of contractors' licenses, notify each contractor of the county of the opportunity to register with the county to be subsequently notified of informal bidding proceedings. This list of such contractors shall be a public record. The list of contractors shall be maintained by the Purchasing Agent in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

4. Notice Inviting Informal Bids. Where a public project subject to the provisions of this section is to be performed, a notice inviting informal bids shall be mailed by the purchasing agent to all contractors on the list developed pursuant to subsection B of this section and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission pursuant to Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids provided, however:

   1. If there is no list of qualified contractors maintained by the purchasing agent for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

   2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due provided, however, that reasonable efforts will be made to give contractors sufficient time to respond to the notices calling for informal bids. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

5. Award of Contracts. The board of supervisors will award contracts pursuant to this section.

6. Bids in Excess of two hundred twenty thousand dollars ($220,000). If all the bids received are in excess of two hundred twenty thousand dollars ($220,000), the Board may, by passage of a resolution by a four-fifths vote, award the contract at two hundred thirty-five thousand dollars ($235,000) or less to the lowest responsible bidder, if it determines the cost estimate of the County was reasonable.

7. Failure to Receive Bids. If no bids are received, the project may be performed by the employees of the county by force account, or negotiated contract without further complying with the Uniform Public Construction Cost Accounting Act procedures.

(Ord. 2005-009 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 2002-004 §§ 3,4, 2002: Ord. 93-13 § 2, 1993)

Public projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in Public Contract Code Sections 22030-22045, be let by formal bidding procedures.

Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of Del Norte County. The notice inviting formal bids shall also be mailed to all construction trade journals specified in Public Contract Code Section 22036. The notice shall be mailed at least thirty (30) calendar days before the date of opening the bids. In addition to notice required by this ordinance, the County of Del Norte may give such other notice as it deems proper.

(Ord. 2020-012 § 4 (part), 2020)

The County shall adopt plans, specification, and working details for all projects subject to formal bidding procedures. Any person may examine the plans, specifications, or working details, or all of these, adopted by the County.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2, (part), 2005)

In its discretion, the County of Del Norte may reject any bids presented, if the County, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the County, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the County's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the County intends to reject the bid. If after the first invitation of bids all bids are rejected, after re-evaluating its cost estimates of the project, the public agency shall have the option of either of the following:

1. Abandoning the project or re-advertising for bids in the manner described by this ordinance.

2. By passage of a resolution by a four-fifths vote of the Board of Supervisors that the project can be performed more economically by the employees of the County, may have the project done by force account without further complying with this article.

   1. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it chooses.

   2. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the County by force account, or negotiated contract without further complying with this ordinance.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005)

Notices of sales of surplus personal property shall be posted for not less than five business days preceding the day of sale in the county courthouse and in the office of the purchasing agent, and in such other public place within the county as the purchasing agent may deem advisable.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 82-06 § 1 (part), 1982)

In the disposition of any surplus personal property and upon 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 such newspapers, magazines, and other periodicals as in his 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 upon the amount, nature, makeup and content of the advertising.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 82-06 § 1 (part), 1982)

Whenever any item of personal property with a value less than $1,000 is no longer needed by the office, department or institution in possession thereof, such fact shall be reported to the purchasing agent who may transfer such item to a surplus pool to be maintained under the supervision of the Building Maintenance Supervisor, and whenever any office, department, or institution is in need of an article which has been placed in such surplus pool, or has requisitioned the purchase of a similar article, the purchasing agent may upon a properly drawn request for transfer or requisition transfer the article to such department.

(Ord. 2005-09 § 2 (part), 2005; Ord. 2005-01 § 2 (part), 2005; Ord. 82-06 § 1 (part), 1982)