Mariposa County Municipal Code § 3.08 Purchasing 3.08.010 Purpose 3.08.020 Purchasing Agent And Assistant Purchasing…

The purpose of this chapter is to grant specific authority for the purchase of goods and services in accordance with Article 7 of Chapter 5 of Part 2 of Division 2 of Title 3 of the California Government Code. This chapter is not intended to conflict with applicable provisions of state law and shall be interpreted as supplementary thereto. Among other things, this chapter shall not apply to contracts for public projects as defined by the Public Contract Code. Said contracts shall be let in accordance with applicable state laws and any county ordinances or resolutions implementing such laws.

HISTORY

Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.020 Purchasing Agent And Assistant Purchasing Agents

  1. Pursuant to Section 25500 et seq. of the Government Code and consistent with provisions of Section 2.32.040 of this code, the office of purchasing agent is established and consolidated with the office of county administrative officer. The county administrative officer serves, ex-officio, as the purchasing agent for the county.

  2. Each department head serves, ex-officio, as an assistant purchasing agent with respect to services, supplies and equipment for his or her department as contained in the approved budget.

  3. The board shall have the authority to appoint other assistant purchasing agents by resolution.

4. The purchasing agent and assistant purchasing agents may authorize staff under their direct supervision and responsibility to process purchases within their authority.

HISTORY Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.030 Duties And Authorities Of Purchasing Agent

  1. Pursuant to Section 25500 et seq. of the Government Code, the purchasing agent shall have all the duties and powers prescribed by the laws of the state of California relating to county purchasing agents, by this chapter, and by resolutions of the board of supervisors. The authorization provided by this paragraph shall include but not be limited to contracts for special services under Government Code Section 31000.

  2. Pursuant to Government Code Section 25350.51, the purchasing agent may also contract for the lease of real property or storage space where the funding is provided in the approved budget. The purchasing agent shall make purchases, rentals, and contracts only upon proper written requisition, lease or contract.

  3. Contracts, purchase orders, requisitions, and/or leases approved by the purchasing agent shall not exceed a term of three years with no more than two additional one-year extensions.

  4. The purchasing agent shall establish policies and procedures to be used by all county departments.

HISTORY Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.040 Duties And Authorities Of Assistant Purchasing Agents

1. Assistant purchasing agents are authorized to obtain services, supplies and equipment, as contained in the approved budget and in amounts as authorized by a resolution of the board of supervisors. Such purchases shall not need the approval of either the purchasing agent or the board of supervisors. Assistant purchasing agents shall purchase services, supplies and equipment at the best possible price, giving due consideration to the use and quality of the item being purchased. Assistant purchasing agents are not authorized to purchase or lease real property or storage space without the purchasing agent's approval.

   2. Contracts, purchase orders, requisitions, and/or leases approved by assistant purchasing agents shall not exceed a term of three years with no more than two additional one-year extensions.

   3. When the board of supervisors or the purchasing agent has entered into a contract with a vendor to supply all of the county's requirements for specified services, supplies or equipment, the assistant purchasing agent shall not have authority to purchase such supplies or equipment under this section.

   4. Splitting or separating purchases of goods or services for purposes of circumventing the limits herein is prohibited.

HISTORY Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.050 Purchase Authorization

  1. All purchases require approval from an authorized purchasing or assistant purchasing agent. Purchases in excess of the authority granted to the purchasing agent or assistant purchasing agents, respectively, shall require the approval of the board of supervisors prior to purchase.

  2. Purchases in excess of budgeted funds are not authorized and shall not be paid by the auditor.

  3. The purchasing agent and assistant purchasing agents shall be responsible for providing the auditor with supporting documentation for each purchase or transaction to the satisfaction of the auditor.

  4. All purchases must comply with federal, state and local laws.

HISTORY Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.060 Purchases By Board Of Supervisors

  1. The board of supervisors may purchase, require bidding, or otherwise acquire goods or services on behalf of the county at any time.

  2. The board of supervisors may grant exceptions to this ordinance or related purchasing policies for individual purchases unless prohibited by state or federal law.

HISTORY Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022

• 3.08.070 Authority Of The Director Of Public Works And Transportation To Acquire Interest In Real Property

1. Pursuant to Government Code 25350.60, the director of public works and transportation is authorized to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property where the purchase price for such interest does not exceed five thousand dollars, in accordance with the following specified procedures:

   1. Establishment of Purchase Price. The purchase price must be based on a summary of just compensation and may be adjusted only with the written concurrence of the director of public works and transportation. The summary of just compensation shall be prepared in accordance with generally recognized real estate appraisal principles. The preparation of the summary of just compensation and the negotiations shall be performed in accordance with Government Code Section 7260 et seq.

   2. Environmental Clearance. The purchase may not be consummated prior to compliance with the applicable environmental statutes and regulations.

   3. Assurance of Funding. Prior to committing equity to acquisition of the property, funding must be identified [as assured] by the director of public works and transportation.

   4. Form of Investment. All instruments conveying ownership of a property interest must be in a form acceptable to the director of public works and transportation and county counsel.

   5. Condemnation. Notwithstanding any other provision of this chapter, the director of public works and transportation's authority shall be exercised in conjunction with the county counsel for any acquisition of an interest in real property where a resolution of necessity has been previously adopted by the board of supervisors of the county of Mariposa or in its ex officio capacity for any other public entity.

   6. Acceptance of Gifts. The director of public works and transportation is authorized to accept gifts consisting solely of real property interests. All requirements for the compliance with the environmental statutes and regulations shall be completed prior to acceptance of any real property interests.

HISTORY

Adopted by Ord. 761 Sec. 1 on 1/23/1990 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.080 Violation Of Chapter 3.08

The board of supervisors may require any county officer or employee to personally pay for any items purchased in violation of this ordinance and established purchasing policies. Unauthorized or inappropriate purchases may result in other employment consequences pursuant to relevant county policies.

HISTORY

Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.081 (Reserved)

HISTORY

Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.090 (Reserved)

HISTORY

Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.100 (Reserved)

HISTORY

Adopted by Ord. 649 Sec. 1 on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.110 (Reserved)

HISTORY

Adopted by Ord. 649 Sec. I on 1/14/1986 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.120 (Reserved)

HISTORY

Adopted by Ord. 649 Sec. I on 1/14/1986

Amended by Ord. 772 Sec. II on 5/1/1990 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.08.130 (Reserved)

HISTORY

Adopted by Ord. 772 Sec. I on 5/1/1990 Amended by Ord. 1022 Sec. I on 8/23/2005 Amended by Ord. 1124 Sec. I on 5/23/2017 Amended by Ord. 1176 Sec. I on 7/12/2022 3.12 Bidding 3.12.010 Informal Bid (Reserved) 3.12.020 Formal Bid (Reserved) 3.12.030 When Bidding Unnecessary (Reserved)