Fresno County Municipal Code Ch. 4.04 Purchasing Procedures

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State Law reference— For statutory provisions regarding purchasing by counties and other local agencies, see Gov. Code §§ 54201 et seq.

Cross reference— For general provisions regarding the purchasing agent, see Ch. 2.56.

The purchasing agent shall:

A. Purchase for the county and its offices all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature, and except in cases of emergency as hereinafter provided, no purchase of personal property by any person other than the purchasing agent shall be binding upon the county or constitute a lawful charge against any county funds. When purchasing personal property, the purchasing agent may solicit and accept advantageous trade-in allowances for county personal property subject to the statutory limits and procedures prescribed in Section 25503 of the Government Code of the state;

B. Rent for the county and its offices, furnishings, equipment and livestock;

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

D. Sell, lease or dispose of any personal property belonging to the county declared surplus as provided in Section 4.04.080 of this code and pay the proceeds thereof into the county treasury;

E. Engage independent contractors to perform services for the county and the offices thereof with or without furnishing of material, subject to the statutory limit prescribed in Section 25502.4 of the Government Code of the state;

F. Engage independent contractors to perform special services as prescribed in Section 31000 of the Government Code of the state on behalf of the county, and county officer or department, or any district in the county. Such contracts shall be with persons specially trained, experienced, expert and competent to perform the special services. The special services shall consist of services, advice, education or training for such public entities or the employees thereof. The special services shall be in financial, economic, accounting, engineering, legal, medical, therapeutic, administrative, architectural, or airport or building security matters. Contracts pursuant to this subdivision shall be subject to the monetary limit prescribed in Section 25502.4 of the Government Code of the state;

G. Engage independent contractors to construct and repair any building or structure enumerated in Section 25450 of the Government Code of the state with or without the furnishing of material, subject to statutory limits and procedures;

H. Engage independent contractors to perform work upon any county highway subject to the provisions of Section 1074 of the Streets and Highways Code of the state;

I. When specifically authorized by law, purchase for the superintendent of schools or other public officer or agency personal property;

J. When specifically authorized by law, sell, lease, or dispose of personal property of any special district and pay the proceeds thereof into the treasury of the district, or if an exchange or trade-in is made, return the proceedings to the special district;

K. Allow participation by cities and independent political subdivisions in purchase contracts of the county, subject to such conditions as the purchasing agent deems necessary, including adoption by the governing body and filing of a true copy with him of a resolution which requests the privilege of participating and provides that for the period of such participation by city or subdivision:

(1) Will make all purchases in its own name, for public use only;

(2) Will be responsible for payment directly to the vendor and for tax liability, and will hold the county harmless therefrom;

(3) Has not and will not have in force any other contract for like purchases; and,

(4) Has obtained and does not have under consideration written bids or quotations from other vendors for like purchases.

The purchasing agent may terminate any such participation on reasonable notice for wilful violation of the terms of such resolution or other conditions, or if required to do so pursuant to the contract with the vendor;

L. Perform such other services as the board of supervisors may from time to time, by resolution, require.

(Ord. 514-A-3, § 1, 1980: prior code, § 156.2)

Emergency purchases of materials and supplies and the rental of equipment may be made by any person or official authorized to sign requisitions when the purchasing agent or any of his assistants in the purchasing department authorized to make such purchases or rentals is not immediately available and the item or items so purchased or rented 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 or rentals shall be subsequently approve an confirmed by the purchasing agent, or if he refuses the confirmation, the board of supervisors may subsequently approve and confirm the purchase or rental by a four-fifths vote of the entire board. Unless such purchases or rentals are so approved and confirmed by either the purchasing agent or the board of supervisors, the costs thereof shall not constitute a legal charge against the county.

(Prior code, § 156.3)

The county administrative officer or the director of the general services department may negotiate and execute in the name of the county, as lessee, all leases and licenses of real property with private entities or governmental agencies which the county may require, subject to the provisions prescribed in Government Code section 25350.51. Notice of intention to consummate the lease or license shall be posted in the Hall of Records, Plaza Building, and at the site of the lease for five working days prior to consummation of the lease or license. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, and any county officer authorized to execute the lease or license.

(Ord. No. 25-004, § 1, 1-28-2025; Ord. No. 20-005, §§ 1, 2, 3-24-2020; Ord. 514-A-3, § 2, 1980)

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

(Prior code, § 156.4)

There is established from the unappropriated funds of the county a checking account in an amount of five hundred dollars and in a bank as the board of supervisors may from time to time by resolution establish, such fund to be known as the purchasing agent's checking account. The purchasing agent may make payments for miscellaneous and emergency purchases of services and supplies by purchase order check not to exceed an amount of fifty dollars per purchase (as distinct from individual item). The procedures for the issuance of such purchase order checks and the administration, including replenishment of the account, shall be established by resolution of the board. This section shall be in addition to and not a limitation upon any revolving fund of the purchasing agent otherwise provided for by law.

(Prior code, § 156.5)

Except as to purchases from the revolving fund and checking account, all purchases, rentals and contracts shall be made only upon proper written requisitions, the forms of which shall be supplied by the purchasing agent to the several offices of the county. No purchase order shall be issued until the county auditor-controller has certified that sufficient money is available in the proper budgeted fund of the department to pay for the purchase. The head of any county office, department or institution or his duly designated assistant is authorized to draw requisitions for purchases for that office, department or institution in accordance with current budget accounts. Such head may delegate such authority to one or more of his deputies, assistants or employees within the department by filing a written authorization therefor with the purchasing agent and the auditor-controller.

(Prior code, § 156.6)

Except as otherwise provide ordinance or general law, the purchasing agent may, without notice, advertisement or the securing of competitive bids, make a purchase of personal property, or do any other thing which he is authorized to do in this chapter. Provided, however, that in the event he purchases any individual item (as distinct from the total contract) costing more than five thousand dollars without securing competitive bids thereon, he shall report such action to the board supervisors within sixty days of purchase with his reasons therefor, and provided further, that if he does call for competitive bids and accepts any bid other than the lowest upon any individual item costing more than five hundred dollars, he shall likewise report that fact to the board of supervisors within sixty days after award of bid.

(Prior code, § 156.7)

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.

(Prior code, § 156.8)

Any item of personal property which has scrap valve of less than ten thousand dollars, and which has been previously determined by the purchasing agent to be not further required for public use, may be declared surplus by the purchasing agent. Any other item may be declared surplus by the board of supervisors. The purchasing agent shall maintain a pool of extra equipment deemed usable and shall make it available to any department having a need. In disposing of surplus property, the purchasing agent shall use the methods and procedures as in his judgment will return the greatest value to the county.

(Ord. 514-A-3, § 3, 1980; prior code, l56.9)

In the disposition of any surplus property, 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 periodic 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.

(Prior code, § 156.10)

The purchasing agent may organize one or more committees to assist him in establishing standards of type, design, quality or brand of purchases. He shall be the chairman of any such committee, which may include the heads of using departments, and others concerned. As to purchases for special needs or particular uses, the purchasing agent shall consult with and give consideration to the recommendations of the department head making the requisition. Any member of the committee may act through a representative appointed by him.

(Prior code, § 156.11)