Mountain House Municipal Code Ch. 2 Purchasing Agent

The City is required under Government Code Section 54202 to adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment.

(Ord. 2024-20, § 1(Exh. A), 2024)

This Chapter shall not apply to those purchases of supplies and equipment governed by Article 4 (commencing with Section 20160) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code.

(Ord. 2024-20, § 1(Exh. A), 2024)

The office of Purchasing Agent of the City of Mountain House is hereby established. The Mountain House City Manager or the City Manager's designee shall be the Purchasing Agent.

(Ord. 2024-20, § 1(Exh. A), 2024)

The Purchasing Agent shall have the duties and powers set forth in this Chapter and those set forth in resolutions of the City Council. The Purchasing Agent shall furnish the City Council with the reports and information that the City Council may from time to time require and shall establish methods, procedures and requirements necessary for the fulfillment of his or her duties and the proper functioning of the purchasing operation in an efficient and economical manner. The City has adopted the Uniform Public Construction Cost Accounting Act, Chapter 2 (commencing with Section 22000) of Part 3 of Division 2 of the Public Contract Code as authorized under Public Contract Code Section 20682(g).

(a) Personal Property. The Purchasing Agent shall purchase for the City all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature. No purchase of personal property by any person other than the Purchasing Agent shall be binding upon the City or constitute a lawful charge against any City funds except as authorized by the City Council or as otherwise provided by law.

(b) Rent. It shall be the duty of the Purchasing Agent to rent for the City all personal property.

(c) Lease-Purchase and Service Contracts. It shall be duty of the Purchasing Agent to negotiate and execute in the name of the City all equipment service contracts and lease-purchase agreements of personal property.

(d) Independent Contractor Services. It shall be the duty of the Purchasing Agent to engage independent contractors to perform services for the City with or without furnishing of material.

(e) Construction and Repair. It shall be the duty of the Purchasing Agent to employ independent contractors to construct or repair any of the buildings or structures and purchase furnishings, materials, and supplies for use in such construction or repair where the estimated aggregate costs of all furnishings, materials, labor and supplies for use in such construction or repair does not exceed the amount established set forth in Section 20682 of the Public Contract Code.

(f) Highway Construction. It shall be the duty of the Purchasing Agent to employ independent contractors to perform work on City roads and highways as provided by this ordinance or the State statutes, whenever the expenses of the work do not exceed the amount set forth therein.

(g) Sale or Disposal of Personal Property. The Purchasing Agent may by direct sale or otherwise sell or dispose of any personal property belonging to the City not required for public use, in accordance with this Chapter.

(h) Transfer of Personal Property. The Purchasing Agent is hereby authorized to transfer from one (1) City department to another City department any item of personal property.

(i) Forms. The Purchasing Agent shall develop, with the approval of Legal Counsel for the City as to legal sufficiency, standard forms and conditions of invitations to bid and purchase orders and contracts and shall also develop and prescribe other forms required in carrying out the provisions of this Chapter, and he or she may amend or eliminate any such form.

(Ord. 2024-20, § 1(Exh. A), 2024)

The Purchasing Agent, after reviewing any requisition for purchasing, may require from an employee a justification of the quantity or quality or the necessity of the items requested. The Purchasing Agent may also require that an employee furnish three acceptable brand names where a brand name is used as specification of an article.

(Ord. 2024-20, § 1(Exh. A), 2024)

No purchases or rentals as described in this Chapter shall be made by any City officer or employee without a purchase order or other written authority that is first obtained from the Purchasing Agent, except as authorized by the City Council or as otherwise provided by law.

(Ord. 2024-20, § 1(Exh. A), 2024)

Except as required by law, this Chapter, or resolution of the City Council, the Purchasing Agent may make any purchase of personal property or perform any other act hereunder without notice, advertisement, or securing competitive bids. The City Council may establish by resolution purchasing threshold amounts requiring notice, advertisement or securing competitive bids as the City Council may deem appropriate. In the performance of his or her functions hereunder, the Purchasing Agent shall comply with all applicable statutes, ordinances and regulations. In making purchases, the Purchasing agent shall use methods and procedures that in his or her judgment will secure the lowest price consistent with the quality desirable for the use intended and the needs of the requisitioning employee.

(Ord. 2024-20, § 1(Exh. A), 2024)

Any item of personal property may be declared surplus to the needs of the City by the Purchasing Agent. The Purchasing Agent may maintain a pool of surplus equipment deemed usable and shall make it available to any City department or operation having a need. In disposing of surplus property, the Purchasing Agent shall use such methods and procedures as in his or her judgment will return the greatest value to the City. The Purchasing Agent shall deposit all funds received from the sale of surplus property in the City fund from which the property was originally purchased.

(Ord. 2024-20, § 1(Exh. A), 2024)

Except in emergencies, as determined by the City Manager, no notice of award of contract shall be issued, no contract shall be signed, and no open-market purchase order shall be issued until the City Manager or designee shall have certified that the unexpended balance in the appropriation or appropriations concerned is sufficient to defray the amount of the contract or purchase order.

(Ord. 2024-20, § 1(Exh. A), 2024)

If any employee of the City purchases or contracts for any supplies, materials, equipment or contractual services contrary to the provisions of this Chapter, the purchase order or contract shall be void and of no effect. The employee making the purchase shall be personally liable for the amount of the purchase or contract, and, if the amount has already been paid for out of City funds, the amount thereof may be recovered in the name of the City in an appropriate action.

(Ord. 2024-20, § 1(Exh. A), 2024)

The receiving officer or employee shall inspect deliveries of supplies, materials and equipment or the furnishing of contractual services to insure their conformance with the specifications set forth in the purchase order or contract.

(Ord. 2024-20, § 1(Exh. A), 2024)

Except in emergencies, as determined by the City Manager, no supplies, materials, or equipment shall be returned to a vendor for trade, credit, or repair, or for any other reason without approval of the Purchasing Agent or designee.

(Ord. 2024-20, § 1(Exh. A), 2024)

The City Council may establish by resolution from the unappropriated funds of the City, in an amount that the City Council may from time to time by resolution establish. The Purchasing Agent may purchase supplies, materials, services, and equipment in quantity to be issued to the several offices and departments of the City as needed and shall make payments therefore out of the fund when it is established. As these supplies, materials, services, and equipment are issued to an office or department, the fund shall be reimbursed from the budgeted funds of the requisitioning office or department.

(Ord. 2024-20, § 1(Exh. A), 2024)

This Division is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. 2024-20, § 1(Exh. A), 2024)

To the extent that the provisions of this Division may be inconsistent or in conflict with the terms and conditions of any prior district ordinance, resolution, rule or regulation governing the same subject, the provisions of this Division shall prevail with respect to the subject matter thereof, and such inconsistent or conflicting terms or conditions of prior ordinances, resolutions, rules or regulations are hereby repealed.

(Ord. 2024-20, § 1(Exh. A), 2024)