Yuba County Municipal Code Art. 1 Purchasing Agent and Procedures

The purpose of this Chapter is to establish the office of Purchasing Agent in accordance with Government Code § 25500, and to set forth the purchasing policies of the County as required by Government Code §§ 54202 and 54203.

(Prior Code, § 2.50.010; Ord. No. 807; Ord. No. 1259)

The office of Purchasing Agent of the County of Yuba is hereby established; and the Director of the Administrative Services Department is designated as the Purchasing Agent.

(Prior Code, § 2.50.020; Ord. No. 807; Ord. No. 1259)

(a) The Board of Supervisors, by a resolution of the Board of Supervisors, shall from time to time adopt and amend a Yuba County Purchasing and Contract Policy Manual, and the purchasing policies set forth therein as amended through the adoption date of this Code are hereby incorporated into this Chapter as the Purchasing Policies and Regulations of the County of Yuba.

(b) The following Sections of the Yuba County Purchasing and Contract Policy Manual are changed to reflect the increase in dollar amount for approval by Purchasing Agent to engage independent contractors, other than public works engineering, to perform services for the County to not to exceed $50,000.00 in accordance with Government Code § 25502.3: Section 2.1(b), Section 2.2(i), Section 2.3(a), Section 2.4(a), Section 4.7, Section 13.2(i), Section 13.3(j), Section 13.3(k), Section 13.4(f), and Section 13.4(g).

(Prior Code, § 2.50.030; Ord. No. 807; Ord. No. 1259; Ord. No. 1370; Ord. No. 1456)

The Purchasing Agent shall have the duties and powers prescribed by this Chapter, the Yuba County Purchasing and Contract Policy Manual, and the laws of the State of California relating to County purchasing agents. The Purchasing Agent shall appoint such deputies, assistants and other employees as shall from time to time be authorized by the Board of Supervisors. 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 division of the Administrative Services Department in an efficient and economical manner.

(Prior Code, § 2.50.040; Ord. No. 807; Ord. No. 1259)

The head of each County agency, department, office, or institution shall be responsible for the availability of funds in his or her budget for making any expenditure or incurring any liability for procurement actions for such agency, department, office, or institution.

(Prior Code, § 2.50.050; Ord. No. 807; Ord. No. 1259)

(a) Any item of property of the value of less than $1,000.00 in the possession or charge of any County agency, department, office or institution may be declared surplus by the head of such agency, department, office, or institution. All items of personal property of the value of $1,000.00 or more shall be declared surplus only by the Board of Supervisors. The Purchasing Agent shall dispose of surplus property in accordance with law and in a manner that in his or her judgment will return the highest value to the County.

(b) If, after a sale of surplus property one or more items of unclaimed property remain unsold, the Purchasing Agent may, in his or her discretion:

(1) Retain such items for future sale in accordance with this Article,

(2) Destroy such items, or

(3) Dispose of such items by offering them to any educational, fraternal, civic, or charitable organization or other public or nonprofit entity.

(c) All proceeds from any sale or sales conducted in accordance with this Chapter shall forthwith be deposited in the County Treasury in accordance with law.

(Prior Code, § 2.50.060; Ord. No. 807; Ord. No. 912; Ord. No. 1020; Ord. No. 1259)

State Law reference— Sale of surplus real property, Government Code § 25526.5.

The Purchasing Agent shall maintain a pool of extra equipment and furniture declared surplus and shall make it available to any County agency, department, office, or institution having a need therefor.

(Prior Code, § 2.50.070; Ord. No. 807; Ord. No. 1259)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.