Chapter 5.12 — PURCHASING

The county executive officer is designated as ex-officio purchasing agent, (hereinafter referred to as "purchasing agent") and shall perform the duties and have the powers prescribed by law, this chapter, and the ordinances, resolutions, and orders of the board of supervisors. The purchasing agent shall appoint and supervise the work of such deputies and assistants as may be necessary to carry out the purchasing agent's duties. The purchasing agent shall furnish to the board of supervisors such reports and information as the board requires, and perform such other acts as may be deemed necessary by the board of supervisors. The purchasing agent shall establish written contracting and procurement policies and procedures that enable him or her to carry out or enforce the provisions of this chapter. The policies and procedures may address all tasks or responsibilities that are within the purchasing agent's authority, and shall address, at a minimum: (1) appointment of deputies and assistants; (2) delegated authority, including signing authority, to such deputies and assistants; (3) bidding regulations; (4) emergency contracting and purchasing; (5) the acceptance of donations made to or in favor of the county; and (6) nocost contracts, no-cost memorandums of understanding, and any other no-cost agreements. Such policies and procedures shall be contained within a single document, shall be reviewed by county counsel, and be updated as necessary.

(Ord. 1974 § 2, 2019)

• A. Unless provided otherwise by law, County Code, or specific order of the board of supervisors, the purchasing agent is authorized to:

  1. Purchase, lease, or lease/purchase for the county and its departments all personal property. Unless otherwise authorized by law, County Code, or specific order of the board of supervisors, no acquisition of personal property 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 for the county and departments furnishings, equipment, and livestock;

  3. Negotiate and execute all equipment service contracts and lease-purchase agreements concerning personal property;

  4. Engage independent contractors to perform services for the county and its departments, with or without furnishing of materials, subject to the monetary limit stated in California Government Code Section 25502.5, subdivision (a);

  5. Pursuant to Government Code Section 25502.7, when a local emergency is declared under Government Code Section 8630, the purchasing agent may engage independent contractors to perform services, with or without the furnishing of materials, related to the local emergency at an amount not to exceed an annual aggregate cost of $500,000 unless the board specifically authorizes a higher amount;

  6. Negotiate and execute software license and maintenance agreements subject to the monetary limit stated in California Government Code Section 25502.5, subdivision (a);

  7. Pursuant to Government Code Section 31000, the purchasing agent is authorized and directed to enter into special services contracts subject to the statutory limit in California Government Code Section 25502.5, subdivision (a);

  8. Subject to the requirements stated in Public Contract Code Section 20131, subdivision (a), the purchasing agent is authorized to employ state-licensed independent contractors and purchase materials, furnishings, and supplies used in the construction or repair of public works without obtaining bids, letting contracts, and preparing specifications;

  9. Subject to the limits and requirements stated in Government Code Section 25350.51, the purchasing agent is authorized to lease real property for use by the county;

  10. Subject to the requirements stated in Government Code Section 25355, the purchasing agent may accept or reject any gift, bequest, or devise made to or in favor of the county;

11. In addition to all other authority granted in this section, and subject to the monetary limits stated in Government Code Section 25502.5, subdivision (a), the purchasing agent shall have the authority to sign contracts and other agreements that directly implement programs and policy established by the board of supervisors and use funds previously appropriated to the specific program or policy. The authority delegated in this subsection shall be exercised only after county counsel and the auditor have reviewed proposed agreements for consistency with this subsection and countersigned. An established board of supervisor program or policy shall be evidenced by an order, resolution, or ordinance passed by the board of supervisors;

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

13. It shall be within the purchasing agent's discretion to require that any action within the purchasing agent's authority go to the board of supervisors for approval.

• B. Prices being equal or lower for comparable quality, purchases should be made within the county. Local or county suppliers should have equal chance to bid on all county business and local suppliers should be invited to participate in the bidding of all county business.

• (Ord. 1974 § 2, 2019)

• A. Except as otherwise provided by state and federal law, a 10% preference shall be granted to local business whenever the purchasing agent purchases services, supplies, materials and/or equipment for county use through the competitive bid process, which shall be defined herein to include quotes, bids, and proposals. The purchasing agent in evaluating competitive bids shall determine the lowest responsible bidder, and if the lowest responsive bidder is a non-local bidder then a 10% preference shall be granted to local bidders. Local preference only applies to the procurement of services, supplies, materials and/or equipment, and will not apply to bids conducted with other public agencies nor when prohibited by state or federal statutes or regulations to be awarded to the "lowest responsible bidder" or otherwise exempted from local preferences. The total amount of such a preference granted in a single competitive bid shall not exceed $10,000 over a nonlocal bidder. The 10% local preference shall be deducted from the total dollar amount bid by local bidders on competitive quotes, bids, and proposals.

• B. For the purposes of this section, "local business" means any business which meets all of the following criteria:

  1. A principal place of business located within the county with a valid and verifiable business license, if applicable, issued by a city within the county or a business located in the unincorporated areas of the county. Post office boxes do not qualify as verifiable local business addresses;

  2. Employs at least one full-time employee within the county, or if the business has no employees, shall be at least 50% owned by one or more persons whose primary residence(s) is located within the county; and

  3. Has had a fixed office or place of business having a street address within the county for at least six months immediately prior to the issuance of the request for competitive bids by the county.

• (Ord. 1974 § 2, 2019)

• A. Emergency purchases for personal property or contractual services, excluding public works projects, may be made by a department head without the prior approval of the purchasing agent when made in accordance with this section and the policies and procedures established for such purchases by the purchasing agent. Emergency purchases shall be limited to purchases immediately necessary for the preservation of life or property, and the need is unforeseeable and immediate for continued operation of a county function.

• B. Every emergency purchase shall be promptly reported to the purchasing agent in writing documenting the facts that constituted the emergency.

• C. All emergency purchases or contractual services secured under this section shall be approved or confirmed by the purchasing agent, or, if he or she rejects the purchase or contract, the board of supervisors may subsequently ratify and confirm by four-fifths vote.

• D. No purchase or contractual service shall be approved or confirmed by the purchasing agent or the board except upon a finding by the purchasing agent or board that an emergency did exist at the time of the purchase or contractual acquisition.

• (Ord. 1974 § 2, 2019)

Pursuant to Public Contract Code Section 22050, subdivision (b), the board of supervisors delegates to the purchasing agent, and designees, the authority to order any action authorized by Public Contract Code Section 22050 in the event of an emergency.

(Ord. 1974 § 2, 2019)

• A. Except as required by law, the purchasing agent may make any purchase or perform any other authorized act without notice, advertisement, or securing competitive bids.

• B. The purchasing agent shall send a report to the board of supervisors when:

  1. Competitive, written bids are not secured on items costing more than $25,000.

2. Award is made to other than low bidder, if the value of an item is over $10,000.

(Ord. 1974 § 2, 2019)

The board of supervisors grants authority to heads of offices, departments, and institutions to draw requisitions on the purchasing agent. Such head may delegate this authority to any of his or her deputies, officers or employees by filing written authorization with the purchasing agent. (Ord. 1974 § 2, 2019)

Whenever any items of personal property are no longer needed by the office, department, or institution having possession thereof, such fact shall be reported to the purchasing agent. (Ord. 1974 § 2, 2019)

• A. Excluding items with an original purchase price of $25,000 or greater, any item no longer required by any county department shall be declared surplus by the purchasing agent. The purchasing agent shall sell or otherwise dispose of such items in accordance with Government Code Sections25504 through 25506, and by whatever manner and procedure will return the greatest value to the county.

• B. The purchasing agent shall report to the board of supervisors items with an original purchase price of $25,000 or greater that are no longer needed by the county. When the board of supervisors determines that the identified items are not required for public use, the purchasing agent shall sell or otherwise dispose of such items in accordance with Government Code Sections 25504 through 25506, and by whatever manner and procedure will return the greatest value to the county.

• (Ord. 1974 § 2, 2019)

Whenever an office, department, or institution has need for an item which has been declared surplus by the purchasing agent, such office, department, or institution may acquire the item by requesting that item from the purchasing agent.

(Ord. 1974 § 2, 2019)