San Luis Obispo County Municipal Code Ch. 2.36 Purchasing Agent

Pursuant to the provisions of Section 25500 et seq. of the Government Code of the state, the office of purchasing agent of the county is established.

(Prior code § 3-019)

The purchasing agent shall have the duties and powers prescribed by this chapter and by the laws of the state relating to county purchasing agents. The purchasing agent shall be the head of the purchasing office of the county and shall appoint such deputies, assistants and other employees therein as shall from time to time be authorized in the current salary ordinance of the county. The purchasing agent shall furnish the board of supervisors 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 department in an efficient and economical manner.

(Ord. 699 § 1, 1963: prior code § 3-019.1)

(Ord. No. 3586, § IV, 3-10-26)

The purchasing agent shall:

(1) Purchase for the county and its offices, pursuant to subdivision (8), all supplies (except for election supplies), furnishings, materials, equipment, livestock and other personal property of whatever kind and nature, and except in cases of emergency as set out in Section 2.36.040, 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;

(2) 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;

(3) Negotiate and execute in the name of the county all equipment service contracts and lease purchase agreements of personal property;

(4) Negotiate and execute in the name of the county as lessee, rental of real property which the county may require except as otherwise provided in this code;

(5) Sell, salvage, destroy, or otherwise dispose of any personal property belonging to the county and found by the board of supervisors not to be required for public use, or he may when purchasing personal property accept advantageous trade-in allowances for such property not further required for public use;

(6) Engage independent contractors to perform sundry services for the county and its offices thereof with or without the furnishings of material within the monetary limits specified in Section 25502.5 of the Government Codes as hereafter amended; provided, however, this does not apply to contracts to print legal briefs or legal notices, contractors for court reporters' services or transcribers, contracts for election supplies, contracts for expert services to be rendered to the offices of county counsel, district attorney or sheriff, contracts for consultant or 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;

(7) Contract on behalf of the county, and county officer or department, or any district or court of the county for special services as permitted by Government Code Section 31000 within the monetary limits specified in Government Code Section 25502.5 as hereafter amended;

(8) Engage independent contractors to construct, repair, paint or furnish any building or structure enumerated in Section 20121 of the Public Contract Code within the monetary limits specified in Public Contract Code Section 20131 as hereafter amended;

(9) Acquire by formal or informal competitive bidding, supplies (except for election supplies), equipment, furnishings, livestock, and other personal property where it is determined the expenditure will not exceed fifty thousand dollars or as otherwise set by the board of supervisors by resolution for a class of commodities normally obtained from the same source of supply. If it is determined the annual expenditure could exceed fifty thousand dollars or the amount otherwise established by the board of supervisors, the purchasing agent shall issue invitation for formal sealed bids with award made in contract form. If it is determined by the purchasing agent and substantiated by the requisitioning department that there is only one source of supply or that there are necessary restrictions in specifications, or that emergency or hardship to the county would result by delay, the purchasing agent may, without notice, advertisement or the securing of competitive bids or quotations, make any purchase of personal property;

(10) When specifically authorized by law, purchase for the superintendent of schools or other public officer or agency personal property;

(11) 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 of trade is made, return the proceeds to the special district;

(12) Originate and prepare at time of purchase or other acquisition by the county, records, on approved form, of equipment items subject to inventory and shall forward records to such department as the board of supervisors shall designate to maintain physical inventory records. Such records shall specifically show description, value, and location of the various items;

(13) Perform such other services as the board of supervisors may from time to time by resolution require;

(14) Engage independent contractors to perform work upon the county roads with or without the furnishing of materials within the monetary limits specified in Public Contract Code Section 20394 as hereafter amended;

(15) The purchasing agent, or his/her designee, is authorized to utilize the informal bidding procedures set forth in the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.) for any public project qualifying thereunder, within the limits established under Public Contract Code Section 22032, as amended from time to time, or as such amounts have been adjusted by the state controller in accordance with Public Contract Code Section 22020.

(Ord. 2925 § 1, 2000; Ord. 2904 § 1, 2000; Ord. 2500 § 1, 1991: Ord. 2470 § 1, 1990; Ord. 2329 § 1, 1987; Ord. 1998 § 1, 1980: Ord. 1404, 1974; Ord. 1191 §§ 1, 2, 1971: Ord. 699 § 2, 1963: prior code § 3-019.2)

(Ord. No. 3277, § 1, 12-16-14; Ord. No. 3586, § V, 3-10-26)

(a) The purchasing agent shall give a preference to suppliers of recycled paper or paper products, as set forth in Public Contract Code Section 12168. The fitness and quality of the recycled paper or paper products must be at least equal to unrecycled.

If the total cost of recycled paper or paper products is not more than ten percent higher than the lowest bid for unrecycled paper/paper products, then the purchasing agent shall award the bid to the supplier of the recycled paper/paper products.

(b) Total preferences granted shall not exceed the total specified in Public Contract Code 12168.

(Ord. 2454 § 1, 1990: Ord. 2419 § 1, 1989)

(a) The purchasing agent shall give a preference of five percent to local suppliers for all informal and formal bids for contracts except with respect to those contracts which state law requires be awarded to the lowest responsible bidder or for any contract which any state or federal law, regulation or agency prohibits such preference.

If the total cost of an item or services from a local supplier is not more than five percent higher than the lowest bid from a non-local supplier, then the purchasing agent shall award the bid to the local supplier.

(b) A local supplier is a business which conducts business in an office with a physical location within the county and which holds a valid business license issued by the county or a city within the county.

Business must have been conducted, meeting the aforementioned requirements, for a period of not less than six months prior to consideration as a local supplier in the evaluation of any bid.

(Ord. 2657 § 1, 1994)

(Ord. No. 3586, § VI, 3-10-26)

When there is delivered to the purchasing agent any unclaimed personal property in the possession of the sheriff, pursuant to Section 2.68.020 of this code, or any unclaimed evidence from criminal cases is transferred to the purchasing agent on order of the court pursuant to Penal Code Section 1418, the purchasing agent may do one of the following with respect thereto:

(1) Destroy or otherwise dispose of such property if he determines that the same has no, or negligible, value and is not needed for county purposes;

(2) Retain said property for county use; or

(3) If the board of supervisors finds such property to be surplus property, sell the same by public sale pursuant to Government Code Sections 25504, 25506 and 25507, and deposit the proceeds from such sale into the county general fund.

Property transferred to the purchasing agent pursuant to this section shall not be redeemable thereafter by the owner.

(Ord. 1170 § 2 (part), 1971)

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 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 reported to the purchasing agent upon the first working day following such emergency purchases. The purchasing agent shall subsequently approve or confirm, or if he refuses such confirmation, the board of supervisors may subsequently approve and confirm such purpose by a four-fifth's vote of the entire board. Unless such purchases are so approved or confirmed by either the purchasing agent or the board of supervisors the cost thereof shall not constitute a legal charge against the county.

(Ord. 1998 § 2, 1980: prior code § 3019.3)

There is 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 department revolving fund." The purchasing agent may purchase supplies and materials in quantity to be issued to 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 shall certify availability of funds in the appropriate budget account of the department before such issues are made.

(Prior code § 3-019.4)

Except as to purchases from the revolving fund, all purchases, rentals and contracts shall be made only upon proper written requisitions, and forms of which shall be supplied by the purchasing agent to the several offices of the county. The head of any county office, department or institution or his duly designated assistant is 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 by filing a written authorization therefor with the purchasing agent and the auditor.

(Ord. 1998 § 3, 1980: prior code § 3-019.5)

Except as otherwise provided by this chapter 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 he is authorized to do in this chapter.

(Ord. 699 § 3, 1963: prior code § 3-019.6)

Notices of sales 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 § 3-019.7)

In the disposition of any surplus personal property and upon approval of the board of supervisors, 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 disposition 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 § 3-019.8)

Whenever any item of personal property is no longer needed by the office, department or institution 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, and whenever any office, department, or institution is in need of an article which has been placed in such surplus pool, or has requisitioned the purchase of a similar article, the purchasing agent may upon a properly drawn request for transfer or requisition approved by the administrative officer transfer the article to such department.

(Prior code § 3-019.9)

Except as otherwise provided in this code, the purchasing agent is responsible for the purchase and maintenance of county vehicles.

(Ord. 1777 § 1(1), 1977: Ord. 1050 § 1 (part), 1969: prior code § 3-019.11)