San Joaquin County Municipal Code Ch. 8 Purchasing Agent

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Editor's note— Ord. No. 4502, § 1, adopted Jan. 9, 2018, amended former Ch. 8, §§ 2-2400—2-2414, in its entirety to read as herein set out. Former Ch. 8 pertained to similar subject matter and derived from Ord. No. 1487; Ord. No. 2055; Ord. No. 2056; Ord. No. 3830; Ord. No. 4163, § 1, 2002; Ord. No. 4455, § 1, 10-7-2014.

The purpose of this chapter is to secure for the County taxpayers the advantages and economies, which will result from centralized control over the expenditures of County funds for supplies, materials, equipment, and contractual services; from the application of modern, business- like methods to such expenditures; and from better utilization of the articles and services procured at public expense.

(Ord. No. 4502, § 1, 1-9-2018)

Pursuant to the provisions of Section 25500 et sequentes of the Government Code of the State of California, the office of Purchasing Agent of the County is hereby established.

(Ord. No. 4502, § 1, 1-9-2018)

The Purchasing Agent shall have the duties and powers prescribed by laws of the State of California relating to County Purchasing Agents, this chapter, and the resolutions of the Board. The Purchasing Agent shall be the head of the purchasing department of the County. All employees of that department shall be appointed in accordance with the provisions of existing law and civil service regulations. The Purchasing Agent shall furnish the Board or the County Administrator the reports and information that the Board or Administrator 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.

(a) Personal Property. The Purchasing Agent shall purchase for the County 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 County or constitute a lawful charge against any County funds except for those items listed as exceptions in Section 2-2404 or except as otherwise provided by law.

(b) Rent. It shall be the duty of the Purchasing Agent to rent for the County and its departments all personal property with the exception of road equipment and machinery which the Road Commissioner of the County is authorized by law to rent for County use.

(c) Lease-Purchase and Service Contracts. It shall be the duty of the Purchasing Agent to negotiate and execute in the name of the County 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 County and the offices thereof with or without the furnishing of material where the aggregate cost does not exceed the amount provided for by law.

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

(f) 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 County not required for public use, in accordance with Section 2-2406.

1. Perform the above services for special districts organized under general law within the County and governed ex officio by the Board;

2. Make purchases and dispositions of personal property for other public officers or agencies pursuant to authority of law; and

3. Allow participation at their will by cities and other public entities in continuing purchase contracts of the County, the provisions of which so permit, subject to such conditions as the Purchasing Agent deems necessary, including formal request or notice of acceptance by the public entity and requesting and/or accepting the privilege of participation and which provides that for the period of such participation the public entity:

a. Will make all purchases in its own name, for the public use only;

b. Will be responsible for payment directly to the vendor and for tax liability, and will hold the County harmless therefrom;

c. Has not and will not have in force any other contract for like purchases;

d. Has not obtained and does not have under consideration written bids or quotations from other vendors for like purchases.

The Purchasing Agent may terminate any such participation on reasonable notice for willful violation of the terms of the resolution or other conditions, or if required to do so pursuant to the contract with the vendor.

(h) Transfer of Personal Property. The Purchasing Agent is hereby authorized to transfer from one County department to another County department any item of personal property providing that such transfer is approved by the Department heads of both the donating and the receiving departments. A record of all transfers of fixed assets shall be maintained in the central equipment inventory system.

(j) Forms. The Purchasing Agent shall develop, with the approval of the County Counsel 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 may amend and eliminate any such forms.

(Ord. No. 4502, § 1, 1-9-2018)

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

(Ord. No. 4502, § 1, 1-9-2018)

Except as required by law, the Purchasing Agent may make any purchase of personal property or perform any other act hereunder without notice, advertisement, or securing competitive bids.

Subject to Purchasing Agent's discretion, the Purchasing Agent may purchase Personal Property with or without competitive bids or proposals, when the purchase of any item to be paid under the purchase contract is thirty-five thousand dollars ($35,000) or less.

In the performance of the Purchasing Agent's 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 the Purchasing Agent's judgment will secure the lowest price consistent with the quality desirable for the use intended and the needs of the requisitioning officer.

(Ord. No. 4502, § 1, 1-9-2018)

No purchases or rentals as described in Section 2-2402 shall be made by any County officer or employee without a purchase order or other written authority first obtained from the Purchasing Agent, except the following:

(a) The County Counsel or authorized designee may contract for expert or professional services.

(b) Advertising.

(c) Election supplies.

(d) Legal brief printing, transcripts, and the like.

(e) Road construction equipment rental.

(f) Insurance.

(g) Public utility services and supplies.

(h) Ordinary travel expense items.

(i) Items exempt by law or by specific order of the Board.

(j) Emergency purchases may be made by any person or official authorized to sign requisitions when the Purchasing Agent or any of his/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. Emergency purchases may be subsequently approved and confirmed by the Purchasing Agent; or, if he/she refuses confirmation, the Board may subsequently approve and confirm the purchase by a majority vote of the members present at any of its regular meetings. Unless these purchases are so approved and confirmed by either the Purchasing Agent or the Board, the costs thereof shall not constitute a legal charge against the County, except as the purchases may be otherwise authorized by law.

(Ord. No. 4502, § 1, 1-9-2018)

Any item of personal property may be declared surplus to County needs by the using officer concurred in by the Purchasing Agent. The Purchasing Agent shall maintain a pool of surplus equipment deemed usable and shall make it available to any department having a need. In disposing of surplus property, the Purchasing Agent shall use such methods and procedures as in his/her judgment will return the greatest value to the County. The Purchasing Agent shall deposit with the County Treasurer all funds received from the sale of surplus property and provide the County Auditor with a complete accounting of all transactions.

(Ord. No. 4502, § 1, 1-9-2018)

The Purchasing Agent or designee shall participate in any and all committees that may be set up for the purpose of standardization, or control of quality or quantity of any items for use in any department, individually, or on a County-wide basis.

(Ord. No. 4502, § 1, 1-9-2018)

Except in emergencies as defined in Section 2-2404, 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 Auditor-Controller 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. No. 4502, § 1, 1-9-2018)

If any office, department, or institution 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 head of the office, department, or institution making the purchase or contract shall be personally liable for the amount of the purchase or contract, and, if the amount has already been paid for out of County funds, the amount thereof may be recovered in the name of the County in an appropriate action.

(Ord. No. 4502, § 1, 1-9-2018)

The receiving office, department, or institution or public entity shall inspect in a timely manner 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. No. 4502, § 1, 1-9-2018)

(a) General. The Local Vendor Preference is a component of the County's procurement process used in the acquisition of services, supplies, materials and/or equipment for the County through the use of competitive bids.

(b) Purpose. The purpose of the Local Vendor Preference procurement process is to:

(1) Promote business with local vendors.

(2) Provide local business with increased access to County business.

(c) Whenever the Purchasing Agent purchases services, supplies, materials, and/or equipment for the County through the use of competitive bids, the Purchasing Agent evaluating the price for such services, supplies, materials and/or equipment shall grant a five percent (5%) evaluation preference to local vendors.

(1) If the low bid is not a local vendor, any responsive local vendor who submitted a bid that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid.

(2) In the case of ties, the award will be made to the local vendor.

(d) The Local Vendor Preference will not apply to bids conducted jointly with other public agencies, nor when prohibited by state and federal statutes or regulations or otherwise exempted from local preferences.

(e) For the purposes of this section, a "local vendor" shall mean any business which:

(1) Has a fixed office or distribution point located in and having a street address within the County for at least one (1) year. Post Office Box addresses do not qualify a business as a "local vendor."

(2) Has a current business license issued by the County or a city in the County.

(3) Employs at least one (1) full time or two (2) part time employees whose primary residence is located within San Joaquin County.

(Ord. No. 4502, § 1, 1-9-2018)

(a) Adoption of Bidding Procedures. The County and its County administered special districts elect to become subject to state law known as the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the "Act"). Contracts for public projects, as defined by the Act in Section 22002 of the California Public Contract Code (hereinafter referred to as "the Code"), and that are within the limits listed in Section 22032 of the Code, shall be done in accordance with the Act, the procedures promulgated by the State Controller, the County's Administrative Manual, and this section.

(b) Low Cost Public Projects. Public projects within the amount specified in Section 22032(a) of the Code may be performed by County employees by force account, by negotiated contract or by purchase order. Such public projects shall be authorized by the Purchasing Agent, the Director of Public Works, the Director of General Services, or their respective designees and processed in accordance with the County's Administrative Manual.

(c) Informal Bidding Procedures. Public projects within the amount specified in Section 22032(b) of the Code may be let to contract by informal procedures as set forth in, this section.

(1) List of Contractors. A list of qualified contractors shall be developed and maintained by the Purchasing Officer in accordance with the provisions of Section 22034 of the Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(2) Notice Inviting Formal Bids. The notice inviting informal bids shall describe the project in general terms and on how to obtain more detailed information about the project, and it shall provide the time and place for the submission of bids. Such notices may be sent to all contractors for the category of work to be bid, as shown on the list of contractors developed in accordance with section (1), above, and/or to the construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Code.

At the County's discretion, contractors and/or construction trade journals may be notified as indicated below if one of the following occurs:

(i) If there is no list of qualified contractors maintained by the Purchasing Officer for the category of work to be performed, then the notice inviting bids may be sent only to the construction trade journals specified by the Commission.

(ii) If the product or service is proprietary in nature, such that it can be obtained only from a certain contractor(s), then the notice inviting bids may be sent exclusively to such contractor(s).

(3) Notices. All notices, specified in subsection (2) above, to contractors and construction trade journals shall be sent not less than ten (10) calendar days before bids are due.

(4) Delegation of Authority. The Board of Supervisors may, by resolution, delegate authority to award contracts pursuant to this section to the Director of Public Works and/or the Director of General Services and/or the Purchasing Agent and/or any other appropriate department head within the County.

(5) Award of Contracts. All County personnel with delegated authority pursuant to subsection (4), shall award contracts only if the following steps are followed:

(i) The Purchasing Officer has made the final determination as to whether adequate competition has been sought; and

(ii) County Counsel has reviewed the procedure and contract; and

(iii) The appropriate County personnel, as determined by the Purchasing Agent, the Director of Public Works, the Director of General Services, or their respective designees has reviewed and approved of by signature the plans, designs, specifications, and/or other information regarding the projects details in order to preserve the County's design immunity.

(6) Bids Over the Statutory Amount. If all bids received are in excess of the maximum allowed by the Act for informally bid contracts, the Board of Supervisors may award the contract up to the statutory permissible amount by a four-fifths (⅘) vote to the lowest responsible bidder, if it determines that the cost estimate is reasonable.

(7) Change Orders. Change orders are permitted provided that the maximum contract amount allowed for in the act is not exceeded; and sufficient budget authority is available to fund the overall contract affected by the change order(s). All other change orders which are not consistent with this section shall not be effective unless and until approved by the Board of Supervisors.

(Ord. No. 4502, § 1, 1-9-2018)