Orange County Municipal Code Art. 2 Purchasing

The Purchasing Agent shall have the duties and powers prescribed by laws of the State of California relating to county purchasing agents, this article and the resolutions of the Board of Supervisors. He shall be the head of the Purchasing Department 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 Salary Ordinance and the personnel provisions of this Code. He shall furnish the Board of Supervisors such reports and information as said Board may from time to time require and shall establish methods and procedures necessary for the proper functioning of the Purchasing Department in an efficient and economical manner.

(Code 1961, § 14.021)

The Purchasing Agent shall:

(a) Purchase material. Purchase for the County of Orange and its offices, and for any special district 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 the governing body, all materials, supplies, furnishings, equipment, livestock and other personal property of whatever kind and nature; and except in cases of emergency as hereinafter provided, no purchase of personal property by any person other than the Purchasing Agent, except as may be otherwise provided by resolution of the Board of Supervisors, shall be binding upon the County or constitute a lawful charge against any County funds.

(b) Rent furnishings and equipment. Rent for the County and its offices, furnishings, equipment and livestock, excepting, however, road equipment which the Road Commissioner is authorized by law to rent.

(c) Contract for equipment service, lease purchases. Negotiate and execute in the name of the County all equipment service contracts and lease purchase agreements of personal property.

(d) Sell personal property. Sell or otherwise dispose of any personal property belonging to the County not required for public use, or he may when purchasing property accept advantageous trade-in allowances for such property not further required for public use.

(e) Contract generally. Enter into any contract permitted by law subject to any restrictions which may be set forth in this article.

(f) Purchase for other agencies. When specifically authorized by law, purchase for the Superintendent of Schools, or other public office or agency, personal property.

(g) Sell or dispose of personal property of any special district. 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.

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

(i) Contract for special services. Enter into contracts for special services authorized by Government Code Section 31000 in an amount not to exceed the lesser of: (1) the amount set by the Board of Supervisors; or (2) the amount specified in Government Code 25502.5 or any other applicable statute now existing or hereinafter enacted; and to enter into contracts for special services beyond those dollar amounts when so authorized by the Board of Supervisors.

(Code 1961, § 14.022; Ord. No. 3918, § 2, 5-10-94; Ord. No. 07-006, § 1, 5-1-07; Ord. No. 19-003, § 1, 8-27-19)

Any work or improvement of County highways shall be let in accordance with the applicable provisions of the Streets and Highways Code.

(Code 1961, § 14.022.1)

The Purchasing Agent shall handle purchases and contracts for the Flood Control District in the same manner as contracts are handled for the County, subject to the dollar limitations provided by the laws applicable to said District.

(Code 1961, § 14.022.2)

Unless prohibited by law, other governmental agencies may, with permission of the Board of Supervisors, avail themselves of the Services of the Purchasing Agent subject to the provisions of the laws under which the governmental agency operates.

(Code 1961, § 14.022.3)

The Purchasing Agent shall be subject to the dollar limitations on those purchases which are subject to applicable sections of the Government Code, except as in this article otherwise provided.

(Code 1961, § 14.0222.4)

This article does not apply to contracts to print legal briefs or legal notices, contracts for reporter services or transcripts, contracts for expert services to be rendered the offices of the District Attorney, County Counsel or Sheriff, contracts for appraiser services, contracts for consultants and other experts employed directly by the Board of Supervisors or contracts for other services which by law some other officer or body is specifically charged with obtaining.

(Code 1961, § 14.022.5)

The Purchasing Agent is authorized pursuant to Section 25509 of the Government Code to establish a checking account referred to as the Purchasing Agent's Redi-Cash Fund in a bank for the payment of purchases of services and supplies by purchase order check not to exceed one thousand dollars ($1,000.00). The procedures for the issuance of such purchase order checks shall be established by resolution of this Board.

(Code 1961, § 14.022.6; Ord. No. 3420, § 1, 10-25-83)

Emergency purchases may be made by any person or official authorized to sign requisitions when the purchasing Agent or any of his 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 refuses such confirmation, the Board of Supervisors may subsequently approve and confirm such purchase. 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.

(Code 1961, § 14.023)

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 unless approved budget distribution is shown according to the budget procedure established by the Auditor and the Administrative Officer. The head of any County office, department or institution or his duly designated assistant is hereby 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 deputies, assistants or employees within the department.

(Code 1961, § 14.024)

(a) The Purchasing Agent shall award bids to responsible bidders in conformity with standards, specifications, quality and use requirements as the Purchasing Agent may determine in the purchase of personal property, materials, supplies, services, food products and any other articles requisitioned by departments or districts of the County of Orange.

(b) The Purchasing Agent shall establish standards of design, quality and interchangeability of furniture, equipment and supplies for offices, courts and other institutions of the County and its districts.

(Code 1961, § 14.024.1)

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 the Purchasing Agent is authorized to do in this article subject to such regulations as may be provided by the Board of Supervisors; provided, however, that the Purchasing Agent shall not purchase any individual capital item in excess of the dollar amount set by the Board of Supervisors without first obtaining the approval thereof by the Board of Supervisors.

(Code 1961, § 14.025; Ord. No. 3293, § 1, 11-3-81; Ord. No. 3918, § 3, 5-10-94; Ord. No. 21-002, § 1, 5-11-21)

Editor's note— Ord. No. 21-002, §§ 2 and 3 repealed §§ 1-4-34 and 1-4-35, which pertained to posting notices and advertising of sales of surplus property, and derived from the Code of 1961, §§ 14.026 and 14.027.

Any item of personal property may be declared surplus to county needs when a department determines the item is no longer needed by the department and the Purchasing Agent determines that no other department has need for such item. The Purchasing Agent may sell or otherwise dispose of items declared surplus in accordance with Sections 25503 through 25507, plus Sections 25372 and 26227, of the Government Code, unless otherwise directed by the Board of Supervisors. When the Purchasing Agent is purchasing personal property for which it is not necessary to advertise for bids, the Purchasing Agent may solicit and accept advantageous trade-in allowances for County personal property that has scrap value of less than the amount specified in Section 25503 of the Government Code or any other applicable statute now existing or hereinafter enacted and that has been determined by the Purchasing Agent to be not further required for public use.

(Code 1961, § 14.028; Ord. No. 21-002, § 4, 5-11-21)

The Purchasing Agent may from time to time 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 each committee shall be the Purchasing Agent who shall be chairman, and the heads of representative County offices, departments or institutions that are primary users of the item or group of items for which the committee is appointed. The organization and membership of the "Standards Committees" shall be subject to the approval of the County Administrative officer. Any member of the committee may act through a representative appointed by him.

(Code 1961, § 14.029)

(a) Application of section and general provisions. All money or property coming into the possession of an officer of this County or any district governed by this Board of Supervisors, which becomes subject to disposition other than to the owner, finder or other person entitled to the possession thereof, pursuant to California Penal Code Sections 1411, 1417.5 and Civil Code Sections 2080.2 or 2080.3 shall be disposed of as set out in this section.

(b) Lost and unclaimed property procedures; publication of notice; vesting of title. Pursuant to Civil Code Section 2080.6, the disposition of lost personal property shall be in accordance with the provisions of Article 1, Chapter 4, Title 6, Part 4, Division 3 of the Civil Code, except as otherwise provided herein. Such unclaimed property shall be held for a period of at least three (3) months. Thereafter such property shall, after compliance with the publication provision of Civil Code Section 2080.3, be held for thirty (30) days, during which period it may be claimed by the finder. If the property is not claimed by the owner or finder, or the owner or finder fails to pay the cost of publication attributable thereto, title to said property shall vest in the County of Orange and it shall be disposed of as hereinafter provided.

(c) Bicycles and toys. Bicycles and toys in the possession of the Sheriff-Coroner that have been unclaimed for a period of at least sixty (60) days may be disposed of by him pursuant to Welfare and Institutions Code Section 217, by turning such property over to the Probation Officer, or to the Social Services Agency, or to any charitable or nonprofit organization operating in the County that is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and that is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency. Any such property not needed for said purposes may be disposed of pursuant to Civil Code Section 2080.5.

(d) Coins and currency. All coins and currency shall be deposited in the County treasury, but coins and currency having numismatic or other value greater than the face value thereof may be disposed of by the Purchasing Agent in such manner as to obtain such greater value.

(e) Weapons. Any officer coming into possession of any weapon shall inform the Sheriff-Coroner thereof, and upon his request shall turn said weapon over to him. The Sheriff-Coroner may retain for use by his Department any weapon coming into his possession for disposition pursuant to this section. Any weapon not so retained by the Sheriff-Coroner shall be disposed of in accordance with Penal Code Sections 12028 and 12030.

(f) Valueless property. Any such property in the possession of any officer which in the opinion of that officer has no substantial value or is unsalable may be destroyed.

(g) All other property. Any such property in the possession of any officer which such officer may need for public use shall be reported to the Purchasing Agent, and with his concurrence, may be retained by that officer for public use. All other such property shall be subject to disposition by the Purchasing Agent as provided in Civil Code Section 2080.4.

(Ord. No. 3221, § 2, 10-7-80; Ord. No. 3944, § 1, 10-24-95)