Monterey County Municipal Code Ch. 2.32 Purchasing Agent

Pursuant to the provisions of Government Code Section 25500, et seq., the office of Purchasing Agent is hereby established. The duties of the office of Purchasing Agent shall be performed by the County Administrative Officer or the designee of the County Administrative Officer. The term "Purchasing Agent" as used in this Chapter shall mean the County Administrative Officer or the designee of the County Administrative Officer.

(Ord. 3610 § 12, 1992; Ord. 1030 § 1, 1958)

The Purchasing Agent shall have the duties and powers prescribed by laws of the State of California relating to County Purchasing Agents, and as limited or specifically authorized by this Chapter.

(Ord. 3610 § 13, 1992; Ord. 3536 § 1, 1991; Ord. 1030 § 2, 1958)

The Purchasing Agent shall:

A. Purchase for the County of Monterey and its offices all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature. Except in cases of emergency as provided in this Chapter and excepting the purchase of road equipment which the Public Works Director is authorized by law to purchase, no purchase of personal property by any person other than the Purchasing Agent 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, such road equipment as the Public Works Director 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 in the name of the County as lessee subject to approval by the Board of Supervisors all rentals of real property which the County may require;

E. Sell any personal property belonging to the County and found by the Board of Supervisors not to be required for public use, or he or she may, when purchasing personal property for which it is not necessary to advertise for bids, solicit and accept advantageous trade-in allowances for County personal property which has a scrap value of less than ten thousand dollars ($10,000.00) and which has been previously determined by the Purchasing Agent to be not further required for public use;

F. Engage independent contractors to perform services for the County and the offices thereof with or without the furnishing of material where the annual aggregate cost does not exceed two hundred thousand dollars ($200,000.00); provided, however, that the foregoing shall not apply to contracts for:

1. The construction or repair of any building or structure enumerated in Section 25450 of the Government Code;

2. Work upon the public roads of the County;

3. Election supplies;

4. Expert services to be rendered to the offices of the District Attorney, County Counsel or Public Defender;

5. Legal services;

6. Services associated with the conduct of litigation (as defined in California Government Code Section 54956.9(c)) to which the County, or a public entity for which the Board of Supervisors is the legislative body ("County related entity"), is a party;

7. Services associated with the prosecution of cases by the District Attorney, or the defense of cases by the Public Defender;

8. Appraisers' services;

9. Consultants and other experts employed directly by the Board of Supervisors; or

10. Other services which, by law, some other officer or body is specifically authorized to or charged with obtaining, unless and until the officer or body has requested the Purchasing Agent to enter into such contract, and in such event the contract limits shall be that limit imposed by law upon the officer or body.

G. Engage independent contractors through the use of informal or formal bidding procedures to construct, repair or furnish any building or structure enumerated in Section 25450 of the Government Code of the State of California when the cost thereof does not exceed ten thousand dollars ($10,000.00). (Public Contract Code Section 20150.4)

H. When specifically authorized by law, purchase for the superintendent of schools or other public officer or agency personal property;

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

(Ord. 5070 § 1, 2007; Ord. 3679 § 1, 1993; 1998: Ord. 3610 § 14, 1992; Ord. 3536 § 2, 1991; Ord. 2504 § 1, 1979; Ord. 2157, 1976; Ord. 2022, 1979; Ord. 1664, 1969; Ord. 1030 § 3, 1958)

(Ord. No. 5298, § 2, 2-13-2018; Ord. No. 5394, § 2, 12-13-2022; Ord. No. 5431, § 2, 1-28-2025)

Notwithstanding any other provision of this Chapter:

A. The District Attorney shall have the authority to engage independent contractors for expert and other services associated with the prosecution of cases within the District Attorney's authority where the annual aggregate cost does not exceed two hundred thousand dollars ($200,000.00) and provided that sufficient funds for such services have been appropriated in the District Attorney's budget.

B. The Public Defender shall have the authority to engage independent contractors for expert and other services associated with the defense of cases within the Public Defender's authority where the annual aggregate cost does not exceed two hundred thousand dollars ($200,000.00) and provided that sufficient funds for such services have been appropriated in the Public Defender's budget.

C. The County Counsel shall have the authority to engage independent contractors for:

1. All legal services provided to the County or a County-related entity where the annual aggregate cost does not exceed two hundred thousand dollars ($200,000.00); and

2. Expert and other services associated with: (a) the assessment and processing of claims against the County, its related entities, or their officers or employees, or (b) the conduct of litigation (as defined in California Government Code Section 54956.9(c)) to which the County, a County-related entity, or their officers or employees are a party, and where the annual aggregate cost does not exceed two hundred thousand dollars ($200,000.00). Such services may be paid, as appropriate, from the following sources, provided sufficient funds have been appropriated:

a. The County Counsel's budget;

b. The Risk Management General Liability Internal Service Fund;

c. The Risk Management Workers' Compensation Internal Service Fund;

d. Another Risk Management Enterprise Fund as established by the Board of Supervisors;

e. Another department's budget that is responsible for such costs and agreed to by the department, County Administrator or the Board of Supervisors, as appropriate; or

f. The Board of Supervisors otherwise makes available sufficient funds.

(Ord. No. 5298, § 3, 2-13-2018; Ord. No. 5413, § 2, 3-26-2024; Ord. No. 5429, § 2, 12-3-2024)

Emergency purchases may be made by any person or official authorized to sign requisitions when the Purchasing Agent or any of his or her assistants in the purchasing department authorized to make purchases is not immediately available and the item or items so purchased are immediately necessary for the continued operation of the office or department involved, or are immediately necessary for the preservation of life or property. Such emergency purchases shall be subsequently approved and confirmed by the Purchasing Agent or, if he or she refuses such confirmation, the Board of Supervisors may subsequently approve and confirm such purchase by a four-fifths vote of the entire Board. Unless such purchases are so approved and confirmed by either the Purchasing Agent or the Board of Supervisors, the costs thereof shall not constitute a legal charge against the County.

(Ord. 1030 § 4, 1958)

There is established from the unappropriated funds of the County a revolving fund in such an amount as the Board of Supervisors may from time to time by resolution establish, such fund to be known as the purchasing department revolving fund. 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 payments therefor out of the funds of such revolving fund. As such supplies, materials and equipment are issued to an office or department, the fund shall be reimbursed from the budgeted funds of the requisitioning department. The Auditor shall certify availability of funds in the appropriate budget account of the department before such issues are made.

(Ord. 1030 § 5, 1958)

Except as to purchases from the revolving fund, all purchases, rentals and contracts shall be made only upon proper written requisitions, the forms of which shall be supplied by the Purchasing Agent to the several offices of the County. No purchase order shall be issued until the County Auditor shall have certified that sufficient money is available in the proper budgeted fund of the department to pay for the purchase. The head of any County office, department or institution or his or her duly designated assistant is authorized to draw requisitions for purchases for such office, department or institution in accordance with current budget accounts. Such head may delegate such authority to one or more of his or her deputies, assistants or employees within the department by filing a written authorization therefor with the Purchasing Agent and the Auditor.

(Ord. 1030 § 6, 1958)

Except as otherwise provided by ordinance or general 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 he or she is authorized to do in this Chapter.

(Ord. 1030 § 7, 1958)

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

(Ord. 1030 § 8, 1958)

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 his or her judgment will best publicize the proposed sale or other disposition to those persons most likely to bid for the purchase of the personal property. Within the limitation of the order of the Board supervisors approving the advertising, the Purchasing Agent shall decide upon the amount, nature, makeup and content of the advertising.

(Ord. 1030 § 9, 1958)

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. 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 a similar article, the Purchasing Agent, upon a properly drawn request for transfer or requisition approved by the administrative officer, may transfer the article to such department.

(Ord. 1030 § 10, 1958)

The Purchasing Agent may organize standards committees as needed to establish standards with respect to the type, design, quality or brand of a certain article or group of related articles or services purchased by the County. The membership of the committee shall be the Purchasing Agent, who shall be chairman, the County Administrative Officer and the heads of each County office, department or institution that is a primary user of the item or group of items for which the committee is appointed. Any member of the committee may act through a representative appointed by him or her.

(Ord. 1030 § 11, 1958)