Mono County Municipal Code Ch. 3.04 Purchasing

The purpose of this chapter is to set forth policies and procedures governing the county's purchases of supplies, equipment, and services, in accordance with state law. (See, e.g., Government Code Section 54202.) 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. (See, e.g., Chapter 3.36 of the Mono County Code.)

(Ord. 273 § 1, 1957.)

(Ord. No. 09-02, § 1, 8-4-2009)

As used in this chapter:

A. "Agency" and "using agency" mean any of the departments, offices or other organization units of the county government, and any special districts whose affairs and funds are under the supervision and control of the board of supervisors and for which the board of supervisors is ex officio governing body;

B. "Contractual services" means any and all telephone, gas, water, electric light and power services; the rental of equipment and machinery; insurance; the services of attorneys, physicians, electricians, engineers, consultants or other individuals or organizations possessing a high degree of technical skill; and all other types of agreements under which the contract provides services which are required by the county government but not furnished by its own employees. Purchase of space for legal advertising shall not be subject to the provisions of this chapter;

C. "Supplies" and "equipment" mean any and all articles, materials or things which shall be furnished to or used by any agency, but excluding services or materials furnished "in kind" in lieu of cash to indigents.

(Ord. 273 § 2, 1957.)

A. Appointment. Pursuant to Government Code Section 25500, the board of supervisors appoints the county administrative officer to serve, ex-officio, as the purchasing agent for the county and to have all the powers provided by this chapter and by Article 7 of Chapter 5 of Division 2 of Title 3 of the Government Code (commencing with Section 25500).

B. Services for the County. The purchasing agent is authorized to engage independent contractors to perform services for the county or county officers, when the aggregate amount does not exceed the limit set forth in Government Code Section 25502.3, as the same may be amended from time to time. The purchasing agent may, in his or her sole discretion, delegate to any assistant purchasing agent the authority to enter into a contract for services. The authorization provided by this paragraph shall include but not be limited to contracts for special services under Government Code Section 31000.

C. Documentation and Negotiation. The purchasing agent shall have the authority to determine whether and when to use formal, written contracts or other documentation for a transaction (e.g., a purchase order) and may, in his discretion, omit any requirements for written contracts or other documentation. Where written contracts are utilized, the purchasing agent shall have the authority to negotiate and approve any and all contract terms, including but not limited to terms involving the following risk-management issues: requirements for or waivers of insurance by the county or the contractor; provisions involving defense or indemnification of or by the county or the contractor; and any express limitations on the liability of the county or the contractor.

D. Destruction of Requisitions. The purchasing agent is authorized, pursuant to Government Code Section 25501.5, to destroy or otherwise dispose of any written requisition received by the purchasing agent which is more than three years old.

E. Trade-in Allowances. The purchasing agent is authorized, when purchasing personal property for which it is not necessary to advertise for bids, to solicit and accept advantageous trade-in allowances for county personal property pursuant to and to the fullest extent permitted by Government Code Section 25503, as the same may be amended from time to time.

F. Real Property for County Use. The board of supervisors delegates to the purchasing agent the authority to lease or license real property for use by the county, and to amend such leases or licenses, pursuant to and to the fullest extent permitted by Government Code Section 25350.51, as the same may be amended from time to time.

G. Acceptance of Gifts. The board also delegates to the purchasing agent the power to accept any gift, bequest, or devise made to or in favor of the county pursuant to Government Code Section 25355, as the same may be amended from time to time.

H. Provision of County Services. The board also delegates to the purchasing agent the authority to enter into contracts pursuant to which county services are provided to another party in exchange for compensation or other consideration deemed appropriate by the purchasing agent.

(Ord. 00-07 § 1, 2000.)

(Ord. No. 09-02, § 2, 8-4-2009)

A. Appointment. The county administrator, in consultation with county counsel and such other departments as deemed necessary, may develop purchasing procedures pursuant to authority granted by Mono County Section 3.04.025, provided they are consistent with Mono County Code Chapter 3.04 and state law. In the event such procedures require, or would benefit from, codification in the Mono County Administrative Policies and Procedures Manual, the CAO may present them to the board for inclusion in that manual. Contracts for services, and any purchase order or invoice that is not on a standard county form, shall be reviewed and approved by county counsel and risk management prior to execution.

B. Requests by Assistant Purchasing Agents. An assistant purchasing agent shall submit to the purchasing agent requests for purchases of services, supplies and/or equipment in amounts or estimated amounts in excess of twenty-five thousand dollars.

C. Limitation. 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 supplies or equipment, then the assistant purchasing agent shall not have authority to purchase such supplies or equipment under this section.

(Ord. 00-07, § 2, 2000: Ord. 273 § 3, 1957.)

(Ord. No. 09-02, § 3, 8-4-2009; Ord. No. 21-10, § 1, 9-14-2021; Ord. No. 24-003, §§ 1, 2, 2-20-2024)

The following are exempt from the informal and formal procurement requirements of this chapter. The purchases permitted under this section shall be subject to fair, just and equitable contract conditions.

A. Purchases through cooperative purchasing agreements. Purchases under a cooperative purchasing agreement negotiated by another governmental agency or cooperative purchasing agency ("agency") may be utilized for the purchase of goods, materials, furnishings, equipment, vehicles, rolling stock, supplies and/or certain services, if all of the following conditions are met:

1. The purchasing agent determines that the county will realize overall value by utilizing the other agency's contract or contract terms compared to its own procedures and contract;

2. The contract is consistent with all other requirements of the County Code and is approved as to form by county counsel;

3. The agency uses a solicitation method substantially similar to the method required by this chapter or some other process designed to ensure fair and equitable pricing as determined by the purchasing agent; and

4. The agreement is not a "public works contract," as defined in California Public Contract Code section 1101 or any successor thereto or a contract for professional services as described in subdivision A of section 3.04.050.

B. Emergency purchases. Emergency purchases made in accordance with section 3.04.060 of this chapter.

(Ord. No. 23-006, § 1, 9-12-2023)

Editor's note— Ord. No. 09-02, § 4, adopted Aug. 4, 2009, repealed § 3.04.035, which pertained to purchases by purchasing agent and derived from Ord. No. 00-07, § 3, 2000.

A. Purchases of equipment and supplies by the purchasing agent or by any assistant purchasing agent shall be made in accordance with the applicable provisions of this section, state or federal law, and such consistent purchasing policies or regulations as may be adopted by the purchasing agent.

B. Informal Bid Process. Unless otherwise specified by this chapter or state law and except where the purchasing agent finds that competitive bidding would not be in the public interest, purchase of supplies and equipment not exceeding fifty thousand dollars require proof of an informal bidding process including supporting information. For purchases of less than one thousand dollars, a minimum of one informal quote is required. For purchases of more than one thousand dollars but not exceeding fifty thousand dollars, a minimum of three informal quotes are required. The actions and results of obtaining informal quotes, including any vendors declining to quote, shall be documented in the form and manner prescribed by the purchasing agent. The purchase shall be awarded (if at all) to the responsible bidder submitting the quote that is most advantageous to the county and conforms to the needs of the county, as determined by the purchasing agent or assistant purchasing agent (if applicable) in his or her sole discretion. In the event that the quote selected is not the lowest price, the specific reason for selecting the higher quote shall be documented. If it is necessary to use a single source because of a unique product an explanation shall be included in the documentation for the purchase.

C. Formal Bid Process. If the amount of the purchase is estimated to exceed fifty thousand dollars, then bids shall be solicited by public notice, except where the purchasing agent finds that competitive bidding would not be in the public interest. Following any bidding process, the purchasing agent may (but is not required to) authorize the proposed purchase. The method and extent of public notice shall be prescribed by the purchasing agent. All bids shall be submitted sealed to the purchasing agent or his or her designee. The purchasing agent may reject any or all bids for any or all supplies or equipment. A tabulation of all bids received, whether accepted or rejected, shall be open for public inspection for a period of not less than thirty days after the bid opening. In all cases, the award shall be made by the purchasing agent (if at all) to the responsible bidder submitting the quote that is most advantageous to the county and conforms to the needs of the county, as determined by the purchasing agent in his or her sole discretion. In the event that the quote selected is not the lowest price, the specific reason for selecting the higher quote shall be documented. If it is necessary to use a single source because of a unique product, an explanation shall be included in the documentation for the purchase. In determining whether to authorize a purchase, the purchasing agent shall take into consideration the quality offered and its conformity with the specifications, the delivery and discount terms and conditions of the bid, and other information and data required to prove the bidder's responsibility.

D. Local Preference. With respect to any purchase governed by this section or by subsection B. of Section 3.04.050, the purchasing agent may in his or her sole discretion give preference of up to five percent to responsible local vendors, where the quality of the equipment, supplies, or services offered by local and non-local vendors is equal. In other words, the purchasing agent may approve a purchase wherein the price paid by the county to a responsible local vendor is five percent higher than the price the county would otherwise have paid to a responsible non-local vendor. A vendor shall be deemed "local" if his or her place of business is located in either Mono County or in the general vicinity of the City of Bishop in Inyo County. The rationale for allowing such a local preference includes assisting the county's economy, increasing local sales tax revenues, and encouraging new businesses to locate in the county. The purchasing agent may utilize any method of evaluating bids or quotations that achieves this purpose, including but not limited to deducting the amount of the preference from bids or quotations submitted by responsible local vendors and then comparing them to bids or quotations submitted by non-local responsible vendors. The purchasing agent's final decision of whether and how to give a local preference in the context of a particular purchase shall be made prior to any solicitation of quotations or bids.

E. Board of Supervisors. In carrying out this section, the purchasing agent may (but is not required to) seek the advice and consent of the board of supervisors. In addition, the board reserves to itself, in lieu of the purchasing agent, the right to solicit bids and award any particular purchases pursuant to this section.

(Ord. 00-07 § 4, 2000: Ord. 273 § 4, 1957.)

(Ord. No. 09-02, § 5, 8-4-2009; Ord. No. 17-11, § 1, 8-15-2017)

A. Certain Professional Services. Services for various architectural and engineering services, including all architectural, landscape architectural, environmental, engineering, land-surveying, and construction project management services, shall be procured in accordance with any state law requirements and procedures. (See, e.g., Government Code Sections 4526 and 4529.12.) The purchasing agent may adopt local procedures to effectuate and comply with such laws.

B. Services whose procurement is not governed by any state law requirements or procedures shall be governed by such purchasing policies and procedures as the purchasing agent may adopt from time to time. The purchasing agent may in his or her sole discretion provide a local preference in the purchase of any services, in accordance with the requirements of subsection D. of Section 3.04.040. In the absence of a delegation of contracting authority pursuant to subsection A. of Section 3.04.030, requests by using agency for contractual services in an amount not exceeding the limit set by Government Code Section 25502.3 shall be submitted to the purchasing agent, who may negotiate or approve contracts for such services as he or she deems necessary. Requests for contractual services exceeding the limit set by Government Code Section 25502.3 shall be submitted directly to the board of supervisors.

(Ord. 00-07 § 5, 2000: Ord. 273 § 5, 1957.)

(Ord. No. 09-02, § 5, 8-4-2009)

A. Subject to paragraphs B, C and D below, the purchasing agent, emergency services director or any county employee designated by he purchasing agent as an "emergency purchasing agent" by the county administrative officer or emergency services director may, uring a proclaimed local emergency, make emergency purchases of supplies, equipment or services without compliance with the informal or formal procurement requirements of this chapter or state law, and in excess of the limits set forth in this chapter, when the supplies, equipment or services are necessary for the immediate preservation of life or property.

B. If the emergency purchase involves a public works contract as defined in California Public Contract Code section 1101 or any successor thereto, the following procedures must be followed:

1. The person making the emergency purchase must report to the board of supervisors within seven days of taking the emergency action, or at the board's next regular meeting provided that meeting occurs within fourteen days of when the emergency action was taken. The report shall include the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency; and

2. The board of supervisors shall thereafter review the emergency action at each regularly-scheduled meeting until the action is terminated and determine, by a four-fifths vote, that there is a need to continue the action. Notwithstanding the foregoing, if the board of supervisors meets weekly it may, after the initial review, review the emergency action every fourteen days.

C. The amount of any contract for supplies, equipment or services provided to the county related to the local emergency may exceed the limits set forth in this chapter if the board of supervisors has proclaimed a local emergency pursuant to Government Code section 8630, but shall be limited as follows:

1. For purchases made by the emergency services director, the amount shall not exceed one hundred thousand dollars.

2. For purchases made by an emergency purchasing agent designated by the emergency services director or county administrative officer, the amount shall not exceed fifty thousand.

3. For purchases made by the county administrative officer (CAO), the amount shall not exceed such amount as the CAO, in his or her discretion, determines to be appropriate given the nature of the emergency and situation. In the event the CAO determines that board approval should be obtained, he or she shall agendize the matter for consideration by the board.

D. The designation of a county employee as an emergency purchasing agent pursuant to this section shall remain in effect only so long as the declared local emergency remains in effect.

(Ord. 00-07 § 6, 2000: Ord. 273 § 6, 1957.)

(Ord. No. 20-04, § 1, 4-7-2020; Ord. No. 23-006, § 2, 9-12-2023)

Except as otherwise provided by law, no purchase of supplies, equipment or contractual services shall be made in excess of the amount of the appropriation allowed by the budget.

(Ord. 273 § 7, 1957.)

Notwithstanding any other provision of this chapter, the board of supervisors reserves unto itself any and all purchasing powers not expressly delegated to the purchasing agent or any assistant purchasing agent. The board of supervisors also reserves the right, on its own initiative or at the request of the purchasing agent, to make any purchase on behalf of the county whether or not such power is otherwise delegated. The board shall also act to approve purchases in all cases where the purchasing agent cannot approve a purchase due to a potential conflict of interest under the Political Reform Act of 1974 or any other applicable law. Any agency head or using agency whose requested purchase is denied by the purchasing agent may appeal that decision within thirty calendar days to the board of supervisors, who may in its sound discretion set aside the purchasing agent's decision. The board's decision on any such appeal shall be final.

(Ord. 00-07 § 7, 2000.)