Mendocino County Municipal Code Ch. 2.32 Purchasing Agent

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Editor's note— Ord. No. 4338, adopted June 16, 2015, amended ch. 2.32, §§ 2.32.010—2.32.120, in its entirety. Former ch. 2.32 pertain to similar subject matter, and was derived from Ord. No. 3730, adopted 1990; Ord. No. 3782, adopted 1992; Ord. No. 3920, adopted 1995; Ord. No. 3989, adopted 1997; Ord. 4037, § II, adopted 1999; Ord. 4136, adopted 2005 and Ord. No. 4184 (part), adopted 2007.

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 of Mendocino is established.

(Ord. No. 4338, 6-16-2015)

The Purchasing Agent shall have the duties and powers prescribed by laws of the State of California relating to the County Purchasing Agent, this Chapter and the resolutions of the Board of Supervisors. The Purchasing Agent shall be the Chief Executive Officer of the County or her/his designee The Purchasing Agent shall furnish the Board of Supervisors with such reports and information as said Board may from time to time require and shall establish methods and procedures necessary for the proper functioning of the County in an efficient and economical manner.

(Ord. No. 4338, 6-16-2015)

The Purchasing Agent shall:

(A) Purchase for the County of Mendocino and its offices all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature, and no purchasing of personal property by any person other than the Purchasing Agent (or such other official pursuant to delegation by the Board of Supervisors) shall be binding upon the County or constitute a lawful charge against any County funds.

(B) Rent for the County and its offices, furnishings, equipment, and livestock, excepting, however, road equipment, which the Road Commissioner is authorized by law to rent.

(C) Negotiate and execute in the name of the County all equipment service contracts and lease purchase agreements of personal property.

(D) Negotiate and execute in the name of the County as lessee, subject to the provisions of Government Code Section 25350.51, all rentals of real property, which the County may require.

(E) May by direct sale or otherwise sell, lease or dispose of any personal property belonging to the County not required for public use. The proceeds shall be paid into the County treasury for the use of the County. Where the property is exchanged or traded in, she/he shall secure its value on behalf of the County.

(G) Engage independent contractors to perform sundry services for the County and offices thereof with or without the furnishing of material when the aggregate cost does not exceed seventy-five thousand dollars ($75,000.00).

(H) Procure, when so authorized by resolution of the Board of Supervisors, construction materials pursuant to Government Code Section 25508 for the construction of facilities to be utilized by a regional opportunity program. Government Code Section 25508.8(b) exempts the County from requirements of Public Contract Code with respect to the construction of a facility if the majority of labor utilized for the construction of the facility described herein is provided by the regional opportunity program or volunteer labor, the facility is to be constructed for use by the regional opportunity program, and the land on which the facility is to be constructed is currently used by a county jail.

[(I)]

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 an exchange or trade is made, return the proceeds to the special district.

[(J)]

Pursuant to Government Code Section 25526.6, have the authority to grant or otherwise convey an easement, license or permit for use of any real property of the County to the state, or to any county, city, district, or public agency or corporation, or to any public utility corporation, upon a finding that the conveyance is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the County.

[(K)]

Perform such other services as the Board of Supervisors may from time to time by resolution require.

(Ord. No. 4338, 6-16-2015; Ord. No. 4550, § 1, 11-4-2025)

Notwithstanding the provisions of Section 25502.3 of the Government Code and Section 2.32.030(F) the Board of Supervisors may, whenever it has proclaimed a local emergency pursuant to Section 8630 of the Government Code, direct the Purchasing Agent to engage independent contractors to perform services related to the local emergency for the County and officers thereof, with or without the furnishing of materials, within the amounts the Board of Supervisors may establish. Informal bidding procedures shall be observed to the extent that such procedures are feasible under emergency circumstances.

(Ord. No. 4338, 6-16-2015)

There is hereby established from the unappropriated funds of the County a Stores Inventory Account in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000), such account to be known as the Purchasing Agent's Stores Inventory Account. 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 Stores Inventory Account. As such supplies, materials and equipments are issued to an office or department, the account shall be reimbursed from the budgeted funds of the requisitioning department. The department shall certify availability of funds in the appropriate budget account of the department before such issues are made.

(Ord. No. 4338, 6-16-2015)

Except as otherwise provided by 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 is authorized to do in this Chapter; provided, however, that in the event the Purchasing Agent purchases any individual item (as distinct from the total contract) costing more than Ten Thousand Dollars ($10,000) without securing competitive bids or quotations thereon, the Purchasing Agent shall report such action to the Board of Supervisors, with his/her reasons therefor; and provided, further, that if the Purchasing Agent does call for competitive bids or quotations and accepts any bid or quotation other than the lowest upon any individual item costing more than Ten Thousand Dollars ($10,000), the Purchasing Agent shall likewise report such fact to the Board of Supervisors.

(Ord. No. 4338, 6-16-2015)

The County Purchasing Agent, with the approval of the Board of Supervisors, and after publishing notice of his or her intended action pursuant to Section 6061, may, by direct sale or otherwise, sell to a purchaser any personal property owned by or to be owned by the County, provided the purchaser agrees to lease the equipment back to the County for use by the County following the sale. The approval by the Board of Supervisors of the sale and leaseback shall be given only if the Board of Supervisors finds, by resolution, that the sale and leaseback is the most economical means for providing such personal property to the County.

(Ord. No. 4338, 6-16-2015)

Notices of sales of surplus personal property shall be posted for not less than five (5) business days preceding the day of sale in the office of the Purchasing Agent and in such other public place within the County as the Purchasing Agent may deem advisable.

(Ord. No. 4338, 6-16-2015)

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 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 upon the amount, nature, makeup and content of the advertising.

(Ord. No. 4338, 6-16-2015)

Whenever any item of personal property 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 Purchasing Agent; 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 similar article, the Purchasing Agent may upon a properly drawn request transfer the article to such department.

(Ord. No. 4338, 6-16-2015)

(A) Pursuant to Government Code Section 25537, a procedure alternative to that required by Government Code Sections 25526 through 25535 for the leasing of any real property belonging to the County is hereby adopted.

(B) The Board of Supervisors shall accept the highest proposal for the proposed lease submitted in response to a call for bids posted in at least three (3) public places for not less than fifteen (15) days and published for not less than two (2) weeks in a newspaper of general circulation, if such newspaper is published in the County, or reject all bids.

(C) Leases or licenses of a duration not exceeding ten (10) years and having an estimated monthly rental of not exceeding five thousand dollars ($5,000.00) may be excluded from the bidding procedure specified in subsection (A) of this Section, except that notice shall be given pursuant to Section 6061, posted in the office of the Clerk of the Board of Supervisors, and if the lease or license involves residential property, notice shall be given to the housing sponsors, as defined by Sections 50074 and 50074.5 of the Health and Safety Code. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and any County officer authorized to execute the lease or license. If a lease or license is excluded from the bidding procedure, the actual monthly rental in the executed lease or license shall not exceed five thousand dollars ($5,000.00), the term of the executed lease license shall not exceed ten (10) years and the lease or license is not renewable.

(D) The Purchasing Agent or Purchasing Agent's designee may execute leases pursuant to paragraph (C) above and upon approval by the Board of Supervisors pursuant to paragraph (B) above. Pursuant to Government Code section 25537, this authority shall expire on October 1, 2030. The Purchasing Agent shall provide a notice to the Supervisor for the district in which the property proposed to be licensed is located at least five (5) working days prior to execution of the license. The notice shall describe the property proposed to be licensed, the terms and conditions of the license, and the name of the proposed licensee. If the Supervisor has not responded in writing objecting to the proposed license within five (5) working days after the notice has been provided, the proposed license shall be deemed approved by the Supervisor. If the Supervisor objects in writing to the proposed license within five (5) working days of receipt of the notice, the license shall be submitted for approval by the Board of Supervisors at a regular meeting.

(E) Notice pursuant to this Section shall also be mailed or delivered at least fifteen (15) days prior to accepting offers to lease pursuant to this Section to any person who has filed a written request for notice with either the Clerk of the Board or with any other person designated by the Board to receive these requests. The County shall charge a fee, which is reasonably related to the costs of providing this service. The County requires each request to be annually renewed. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and any County Officer authorized to execute the lease or license.

[(F)]

This Section shall be subject to Government Code Section 25537 as amended from time to time or any successor statute as amended from time to time.

(Ord. No. 4338, 6-16-2015; Ord. No. 4550, § 1, 11-4-2025)

(A) On or before September 1st in each year, each County officer or person in charge of any office, department, service, or institution of the County, and the executive head of each special district whose affairs and funds are under the supervision and control of the Board of Supervisors or for which the Board is ex officio the governing board shall file with the County Clerk pursuant to Government Code Section 24051 an inventory under oath showing in detail all County property in his or her possession or in his or her charge at the close of business on the preceding June 30th.

(B) To assure orderly and timely completion of inventories and submission of same to the County Clerk by each person required to file an inventory as above described, the Purchasing Agent shall provide in the County's Administrative Manual appropriate information management technology and clear guidelines for use in completing inventory tasks in a timely and efficient manner.

(C) Each person required to file an inventory as described above shall complete his or her inventory task in a timely and efficient manner in compliance with such information management technology and guidelines.

(Ord. No. 4338, 6-16-2015)