Napa County Municipal Code Ch. 2.36 Purchasing Agent

The purpose of this chapter is to secure the advantages and economies which can result from centralized control being exercised over the expenditures of county funds for supplies, materials, equipment and contractual services, as well as from the application of modern methods to such expenditures; and from better utilization of the articles procured at public expense; and for the disposal of county property determined by the board of supervisors not to have any further useful life.

(Prior code § 1430)

Pursuant to the provisions of Section 25500 and following of the Government Code of the state, the office of purchasing agent of the county is established. The purchasing agent shall be appointed by the board of supervisors upon recommendation received from the county executive officer.

(Ord. 1231 § 1, 2003: prior code § 1431)

A. The county executive officer shall be the purchasing agent, and shall have the duties and powers prescribed by the laws of the state relating to county purchasing agents, this chapter, and applicable resolutions of the board of supervisors.

B. The county executive officer shall be the head of the purchasing division of the county and shall appoint such deputies, assistants and other employees therein as shall from time to time be authorized therefor in the current Table and Index of Classes maintained by the county human resources division. He or she shall furnish the board of supervisors, and designated departments, with such reports and information as the board may from time to time require, and shall establish methods and procedures necessary for the proper functioning of the purchasing division in an effective and economical manner.

(Ord. 1231 § 2, 2003: Ord. 907 § 4, 1989: prior code § 1432)

(Ord. No. 1352, § 1, 12-14-2010)

The purchasing agent shall:

A. Purchase for all the departments, divisions and offices of the county, and for such special districts as directed by the board of supervisors, all materials, supplies, furnishings, equipment, livestock, and other personal property of whatever kind and nature, and, except in cases of emergency as hereinafter provided or in cases where the board or this chapter has made other specific provision, 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 county funds;

B. Maintain a central stores warehouse for the purpose of stocking those supplies, materials and equipment used by the various county departments in whatever quantities necessary to maintain the normal operation of such departments;

C. Maintain a surplus property warehouse:

1. Whenever any item of supplies, materials and/or equipment is no longer needed by the county department 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. When a county department is in need of any article which has been placed in the surplus pool or has requisitioned the purchase of a similar article, the purchasing agent may, upon a properly drawn request for transfer and with prior approval of the county executive officer, transfer the article to such department,

2. The surplus property warehouse will also provide adequate space to store county surplus property until such surplus property is either transferred to other departments or disposed of within the limitations specified elsewhere in this chapter;

D. Rent furnishings, equipment and livestock for the county, excepting, however, road equipment which the road commissioner is authorized by law to rent;

E. Negotiate and execute in the name of the county all equipment purchases, service contracts and lease-purchase agreements of personal property;

F. Sell any personal property belonging to the county and found by the board of supervisors not to be required for public use; or the purchasing agent may, when purchasing personal property, accept advantageous trade-in allowances for such property not further required for public use;

G. Engage independent contractors to perform services for the county, or county offices, with or without the furnishing of material, when the annual aggregate cost does not exceed fifty thousand dollars, except that this amount shall be adjusted annually by any annual increase in the California Price Index as determined pursuant to Section 2212 of the Revenue and Taxation Code; provided, however, this shall not apply to contracts to do work upon the public roads of the county;

H. Engage independent contractors to construct, repair or furnish any building or structure consistent with the authority provided to the purchasing agent under Chapter 2.38;

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 any exchange or trade is made, return the proceeds to the special district;

J. Negotiate and execute in the name of the county leases or licenses for the possession or use of real property for terms not to exceed three years, monthly rental not to exceed seven thousand five hundred dollars, and total rent during the term not to exceed fifty thousand dollars, provided that notice of intention to consummate the lease or license, describing the property proposed to be leased or licensed, the terms, and that the purchasing agent is the county officer authorized to execute the lease or license is posted in a public place for five working days prior to consummation of the lease or license;

K. Amend real property leases or licenses for improvements or alterations provided that the amendment does not extend the term of the lease or license and that no more than two amendments, not to exceed seven thousand five hundred dollars each, are made within a twelve-month period; and

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

(Ord. 1310 § 1, 2008: Ord. 1231 § 3, 2003: Ord. 907 § 5, 1989; Ord. 494 § 1, 1976; prior code § 1433)

(Ord. No. 1347, § 1, 9-28-2010)

The purchasing agent may, at his discretion, delegate the authority to accomplish any of the specific duties contained in Section 2.36.040 to appropriate department directors. Such delegation shall be in writing and shall precisely describe the extent thereof.

(Ord. 1231 § 4, 2003: prior code § 1434)

The purchasing agent may organize a standards committee to establish and maintain 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 purchasing agent shall chair such committee. Such other members as may be deemed necessary shall be appointed from time to time.

(Ord. 1231 § 5, 2003: prior code § 1442)

All requests for purchases, rentals and contracts shall be made only upon proper written or duly authorized electronic-form requisitions, the forms of which shall be supplied by the purchasing agent to the several offices of the county. The director of any county office, department or institution, or his designee, is hereby authorized to draw requisitions for purchases for such office, department or institution in accordance with current budget accounts. Such director may delegate such authority to one or more of his deputies, assistants or employees within the department by filing a written authorization therefor with the purchasing agent and auditor-controller.

(Ord. 1231 § 6, 2003: prior code § 1437)

The purchasing agent shall establish policies and procedures for the functioning of the purchasing division:

A. The purchasing agent shall prepare a purchasing policy which sets forth the rules and regulations for the administration of this chapter. Upon approval by the board and filing of a copy of the purchasing policy with the office of the purchasing agent, the rules and regulations contained in the policy shall have the same force and effect as the provisions of this chapter. A copy of the purchasing policy shall be available in the office of the purchasing agent and shall be open to the public for inspection during regular business hours.

B. The purchasing policy shall include such rules and regulations as are necessary to implement the provisions of this chapter, including, but not limited to, the procedures for the solicitation and award of competitive bids for personal property.

C. All provisions of the purchasing policy shall be subject to modification by the board of supervisors through the adoption of a resolution.

(Prior code § 1438)

(Ord. No. 1352, § 2, 12-14-2010)

Except as otherwise provided by ordinance or general law, the purchasing agent may, without notice, advertise for the securing of competitive bids or quotations, make any purchase of personal property, or do any other thing which he is authorized to do in this chapter; provided, however, that in the event he purchases any individual item (as distinct from the total contract) costing more than ten thousand dollars without securing competitive bids or quotations thereon, he shall report such action to the board of supervisors with his reasons therefor; and provided further, that if he does call for competitive bids or quotations, and accepts any bid or quotation other than the lowest upon any individual item costing more than five hundred dollars, he shall likewise report such fact to the board of supervisors.

(Ord. 1231 § 7, 2003: prior code § 1439)

A. When purchasing goods, materials, supplies, equipment, and vehicles, the purchasing agent shall apply a local vendor price preference of five percent on all informal and formal quotes. This section shall not apply to public construction agreements, or where otherwise prohibited by law.

B. For purposes of this section, "local vendor" means a firm or individual who regularly maintains a place of business and has an inventory of merchandise for sale or distribution within Napa County, and "price" means the dollar amount of the quote. Application of the price preference shall not preclude the purchasing agent from approving the purchase of goods, materials, supplies, equipment and vehicles based on factors other than price.

(Ord. 1280 § 1, 2006)

(Ord. No. 1352, § 3, 12-14-2010)

Emergency purchases may be made by any person or official authorized by the department director to sign requisitions when the purchasing agent, or any assistants in the purchasing division who are 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 confirmation, the board of supervisors may subsequently approve and confirm such purchase by 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 cost thereof shall not constitute a legal charge against the county.

(Ord. 1231 § 8, 2003: prior code § 1435)

(Ord. No. 1352, § 4, 12-14-2010)

There is hereby 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 division revolving fund." The purchasing agent may purchase supplies and materials in quantity for 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 and materials are issued to an office or department, the fund shall be reimbursed from the budgeted funds of the requisitioning department. The auditor-controller department shall certify availability of funds in the appropriate budget account of the department before purchase orders are processed.

(Prior code § 1436)

(Ord. No. 1352, § 5, 12-14-2010)

Editor's note— Ord. No. 1352, § 5, adopted Dec. 14, 2010, amended § 2.36.110 title to read as herein set out. Former § 2.36.110 title pertained to purchasing department revolving fund.

A. The purchasing agent may sell, in the manner provided by Article 7 of Chapter 5 of Part 2 of Division 2 of Title 3 of the California Government Code, commencing with Section 25500, the personal property hereinafter described:

1. Personal property held by the sheriff as evidence of the commission of the crime of theft or embezzlement of such property when, after a conviction or other disposition of the criminal charge, at least three months have expired since the sheriff has notified the owner, if he is known, that he may redeem the property, or at least six months have expired if the owner is not known;

2. Unclaimed property in the possession of the sheriff which was found or saved in the unincorporated area of the county or on property owned by the county when, after he has made a reasonable effort to notify the owner, the sheriff has held the property for at least four months, except bicycles which need to be held for only three months.

B. An owner may not redeem his property after it has been transferred to the purchasing agent for sale.

C. If the purchasing agent determines that any of the personal property described herein is needed for public use, such property may be retained for that use.

D. If the purchasing agent is unable to sell the personal property described herein, such property may be destroyed or otherwise disposed of as the purchasing agent sees fit.

(Ord. 574 § 1, 1978: prior code § 1433.5)

Notice of sale 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.

(Prior code § 1440)

In the disposition of any surplus personal property, 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 judgment will best publicize the proposed sale or other dispositions 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.

(Prior code § 1441)