Marin County Municipal Code Ch. 3.08 Purchasing

Prior ordinance history: Ordinance 842, 875 and 953.

In accordance with Government Code Sections 25500, et seq., the position of purchasing agent is hereby established.

(Ord. 1729 § 1 (part), 1969)

The purchasing agent shall:

A. Procure all supplies, material, equipment, and contractual services required by the agencies of the county government;

B. Store, transfer between agencies, or trade in, surplus county property;

C. Perform the aforementioned services on behalf of school districts, special districts, or other governmental units in the county, when requested to do so;

D. Prepare and disseminate procedural regulations amplifying the provisions of this chapter;

Advertising, insurance, public utilities, professional services, real estate purchases and sales, and contracts for road and building construction shall not be subject to the provisions of this chapter. Except as otherwise provided by law, no purchase shall be made by a county officer or employee without obtaining a purchase order or other written authority from the purchasing agent.

(Ord. 1729 § 1 (part), 1969)

A breakdown in machinery or the interruption of an essential service shall constitute an emergency. Purchases of material or services necessary to alleviate the emergency may be made directly if the purchasing agent is not readily accessible. Such purchases and the facts constituting the emergency shall be reported to the purchasing agent at the earliest opportunity.

(Ord. 1729 § 1 (part), 1969)

A. At the discretion of the purchasing agent, purchases of one hundred thousand dollars or less, or as specified in Section 25502.5 of the Government Code or its statutory successor, may be made on the open market without competitive quotations.

B. Formal Bids. Purchases estimated to exceed one hundred thousand dollars, or as specified in Section 25502.5 of the Government Code or its statutory successor, shall be awarded to the lowest responsible bidder, by the board of supervisors at a regular meeting, on the basis of sealed bids filed with the purchasing agent.

C. Bonds. Bid and/or performance bonds may be required at the discretion of the purchasing agent.

D. Single or Sole Source. Those items for which the purchasing agent determines there is a single or sole source, may be purchased on the open market, by the purchasing agent, provided that such purchases, estimated to exceed one hundred thousand dollars, or as specified in Section 25502.5 of the Government Code or its statutory successor, must have prior approval of the board of supervisors.

(Ord. 3474 § 1, 2007: Ord. 2987 § 1, 1988: Ord. 2831 § 1, 1984: Ord. 1729 § 1 (part), 1969)

A. The purchasing agent may sell directly, lease, donate or otherwise dispose of any fixed asset property belonging to the county determined to be no longer required for public use. Fixed asset property is deemed no longer required for public use when such property is transferred to the purchasing agent as surplus property and is not claimed by any other county department for use. In the event said personal property is determined by the purchasing agent to be worth less than ten thousand dollars and there is no market for it, said property may be donated in the following order of preference:

1. To the state, another county, or to any city, school district, irrigation district, flood control district, county board of education or other special district within the county;

2. To nonprofit corporations that have been certified as such by the Commissioner of Internal Revenue, and that have filed requests with the purchasing agent for surplus personal property.

B. Notwithstanding any other provision of this code, the board of supervisors, upon a finding that such benefits the public interest, may donate any surplus personal property determined to be worth more than ten thousand dollars to any public entity or nonprofit corporation described in this section.

1. Any proceeds from the sale or lease of surplus personal property shall be paid into the county treasury and deposited into the general fund.

(Ord. 3434 § 1, 2005: Ord. 3376 § 1, 2003: Ord. 2787 § 1, 1983: Ord. 1729 § 1 (part), 1969)

If any agency purchases or contracts for supplies, materials, equipment, or contractual services contrary to the provisions of this chapter, the purchase order or contract may be declared void. The head of the agency which made the purchase or contract may, depending on the circumstances, be personally liable for the purchase amount which may be recovered by the county.

It is unlawful for any agency to split its requirements for supplies, materials, equipment, and contractual services to evade the provisions of Section 3.08.040.

(Ord. 1729 § 1 (part), 1969)

The acceptance of a gratuity by any employee of the county from a vendor, or prospective vendor, shall be cause for removal or other disciplinary action.

The offer of a gratuity to any employee of the county by a vendor, or a prospective vendor, shall be cause for barring that vendor from bidding on any future county purchase or contract.

(Ord. 1729 § 1 (part), 1969)

The provisions of this chapter requiring the solicitation of bids shall not apply to transactions with other public entities.

(Ord. 1729 § 1 (part), 1969)