Chapter MH-2 — PURCHASING AGENT

Sections:

MH-2-2200 - PURCHASING AGENT OFFICE ESTABLISHED.

The office of Purchasing Agent of the Mountain House Community Services District (MHCSD) is hereby established. The Mountain House General Manager or designee shall be the Purchasing Agent.

(Ord. 4209 § 1 (part), 2004)

MH-2-2201 - GENERAL DUTIES.

The Purchasing Agent shall have the duties and powers set forth in this chapter, and the resolutions of the Board. He or she shall furnish the Board with the reports and information that the Board 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.

(a)

Personal Property. The Purchasing Agent shall purchase for the MHCSD 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 MHCSD or constitute a

lawful charge against any MHCSD funds except those items listed as exceptions in this chapter or as otherwise provided by law.

(b)

Rent. It shall be the duty of the Purchasing Agent to rent for the MHCSD all personal property.

(c)

Lease-Purchase and Service Contracts. It shall be the duty of the Purchasing Agent to negotiate and execute in the name of the MHCSD 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 MHCSD with or without the furnishing of material where the aggregate cost for each independent contractor on a fiscal year basis does not exceed one hundred thousand dollars ($100,000.00) within each Type of Fund (General, Special Revenue, Capital, Proprietary, Fiduciary) or as set forth in the budget.

(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 cost of all furnishings, materials, labor and supplies for use in such construction or repair does not exceed the amount established as set forth in Section 20685 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 MHCSD roads and highways as provided by this chapter 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 MHCSD 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) MHCSD department to another MHCSD department any item of personal property.

(i)

Forms. The Purchasing Agent shall develop, with the approval of the Counsel for the MHCSD 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 and eliminate any such form.

(Ord. 4209 § 1 (part), 2004)

MH-2-2202 - JUSTIFICATION OF EXPENDITURES.

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. He or she may also require that an employee furnish three (3) acceptable brand names, where a brand name is used as specification for an article.

(Ord. 4209 § 1 (part), 2004)

MH-2-2203 - CENTRALIZED PURCHASING EXCEPTIONS.

No purchases or rentals as described in this chapter shall be made by any MHCSD officer or employee without a purchase order or other written authority first obtained from the Purchasing Agent, except the following:

(a)

Expert or professional services;

(b)

Advertising;

(c)

Election supplies and services;

(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 or resolution of the Board;

(j)

Emergency purchases may be made by any person or official authorized by the Purchasing Agent to sign requisitions when the Purchasing Agent or designee is not immediately available and the item or items so purchased are immediately necessary for the continued operation of the office, department or function 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 or 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 MHCSD, except as the purchases may be otherwise authorized by law or resolution of the Board.

(Ord. 4209 § 1 (part), 2004)

MH-2-2204 - BIDDING PROCEDURES.

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. If he or she shall purchase any single item of personal property for more than five thousand dollars ($5,000.00) without quotations, a competitive bid, or receiving competitive proposals, he or she shall do so only after making a finding that the purchase is to be made as a result of an emergency or the purchase is from a sole source vendor and he or she shall report that action and the finding to the MHCSD Board. He or she shall report to the Board, with his or her reasons, the purchases of any item costing over five hundred dollars ($500.00) from other than the lowest bidder, quotation or proposal. These dollar limits shall be increased each July 1 in an amount equal to the percentage increase in the Oakland-San Francisco Bay Area Consumer Price Index, "All Urban Consumers" for the twelve-month period ending the preceding February. In the performance of his or her functions hereunder, the Purchasing Agent shall comply with all applicable statutes, ordinances and regulations. In making purchases he or she 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. 4209 § 1 (part), 2004)

MH-2-2205 - SURPLUS PROPERTY.

Any item of personal property may be declared surplus to the needs of the MHCSD by the Purchasing Agent. The Purchasing Agent may maintain a pool of surplus equipment deemed usable and shall make it available to any MHCSD 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 MHCSD. The Purchasing Agent shall deposit all funds received from the sale of surplus property in the MHCSD fund from which the property was originally purchased.

(Ord. 4209 § 1 (part), 2004)

MH-2-2206 - AVAILABILITY OF FUNDS.

Except in emergencies as determined by the MHCSD General 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 MHCSD General 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. 4209 § 1 (part), 2004)

MH-2-2207 - UNLAWFUL PURCHASES.

If any employee of the MHCSD 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 MHCSD funds, the amount thereof may be recovered in the name of the MHCSD in an appropriate action.

(Ord. 4209 § 1 (part), 2004)

MH-2-2208 - INSPECTION.

The receiving office 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. 4209 § 1 (part), 2004)

MH-2-2209 - RETURN OF MERCHANDISE.

Except in emergencies as determined by the MHCSD General 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. 4209 § 1 (part), 2004)

MH-2-2210 - CENTRAL STORES WORKING CAPITAL FUND.

The MHCSD Board may establish, by resolution, from the unappropriated funds of the MHCSD, a Central Stores Working Capital Fund in an amount that the Board 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 MHCSD 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. 4209 § 1 (part), 2004)