3.12.010 Title.This chapter shall be known as the county purchasing ordinance. (Ord. 4703, 9-12-2006)3.12.020 Purpose. The purpose of this chapter is to secure for the county taxpayers the advantages and economies which will result from centralized control over procurement of services, supplies, materials, goods, furnishings, equipment and other personal property by the county.
3.12.030 Procurement Policies and Procedures. The board of supervisors shall adopt comprehensive policies and procedures governing purchases of services, supplies and equipment. These policies shall be consistent with federal and state law and with the county’s charter and ordinances, resolutions and policies of the board of supervisors. 3.12.040 Purchases not subject to this chapter.
Purchases not subject to this chapter must conform to federal and state law and the county’s charter, and other applicable ordinances, resolutions and policies.
3.12.050 Definitions. When used in this chapter:
3.12.060 Purchasing Agent – Office Established. The procurement and contracts division is established within the Chief Administrative Office. The division shall be headed by the Chief Administrative Officer or designee, hereinafter referred to as “purchasing agent”, and includes such other assistants as the Board may designate. The purchasing agent shall have the powers and duties prescribed for county purchasing agents in federal and state law, the county charter and county ordinances, resolutions and policies. 3.12.070 Purchasing Agent Duties. Except when otherwise provided by state and federal law, the purchasing agent shall:
3.12.080 Unauthorized Purchases. If any officer, employee, or agent of the county makes a purchase or contracts for services contrary to the provisions of this chapter, such purchase or contract for services shall be void and of no effect, and shall not constitute a lawful charge against county funds. 3.12.090 Standards Establishment. The purchasing agent or designee may organize and appoint standards committees as needed to establish standards with respect to the type, design, quality or brand of an item or group of related items or services to be purchased by the county. The membership of a standards committee shall be the purchasing agent, who shall serve as chair, and the heads of any county offices, departments or institutions that are primary users of the item or group of items for which the committee is appointed. Any member of the committee may act through a representative designated by the member. 3.12.100 Code of Ethics for Procurement. Employees participating in a procurement process shall uphold and adhere to all federal, state, and local laws, ordinances and regulations and dedicate themselves to the highest ideals of honesty and integrity in that process. Employees shall discourage any inappropriate contact or encroachment on one’s official duties by others who seek to influence a decision, and shall expose corruption whenever discovered.
No employee participating in a procurement process shall:
3.12.110 Purchases Over Budget Prohibited. Except as otherwise provided by state law, no purchase of supplies, materials, goods, furnishings, equipment, other personal property, or services shall be made by any department in excess of the department’s appropriations for that class of expenditure in the county budget. 3.12.120 Splitting Purchase Orders or Contracts for Services Prohibited. The splitting of, or separation into smaller purchase orders or contracts for the purchase of goods or services for the purpose of evading the requirements of this chapter is prohibited, and shall be cause for disciplinary action.
PROCUREMENT & DISPOSAL OF SUPPLIES, MATERIALS, GOODS, FURNISHINGS AND OTHER PERSONAL PROPERTY3.12.130 Authority. Except as otherwise provided in this chapter or by resolution of the board of supervisors, the purchasing agent:
3.12.140 Purchasing Agent—Delegation of Signature Authority.
At the request of a department head, the purchasing agent may, and where legally required to do so shall, authorize in writing any county department head to purchase supplies, materials, goods, furnishings, equipment and other personal property. These purchases shall comply with this chapter and any county purchasing policies and procedures. Considerations for delegation of authority shall include but not be limited to the repetitive nature of purchases, volume, the purchasing experience of the department and other common factors lending themselves to delegation. The purchasing agent may also rescind the authorization to purchase under this section by written notice to the county department head, unless otherwise prohibited by law. The purchasing agent may authorize department personnel to purchase supplies, materials, goods, furnishings, equipment and other personal property. These purchases shall comply with this chapter and any county purchasing policies and procedures. The purchasing agent may also rescind the authorization to purchase under this section by written notice to the county department head, unless otherwise prohibited by law. 3.12.150 Purchases Prohibited from Delegation of Signature Authority. Notwithstanding the provisions of 3.12.140, the following limitations on delegation of signature authority apply: Authority to purchase fixed assets, supplies available through central stores, and supplies, materials and equipment available for purchase pursuant to a contract awarded by the board of supervisors or the purchasing agent may not be delegated to any department head or department personnel. Authority to purchase computer hardware and software may not be delegated to a department head or department personnel of any department other than the Department of Information Technologies. Authority for emergency purchases may only be delegated to department heads and may not be delegated to department personnel. 3.12.160 Exemptions from Competitive Process. Competitive bidding shall not be required for items exempt from competitive bidding pursuant to resolution adopted by the board of supervisors or when the purchasing agent (for purchases not exceeding $100,000), or the board of supervisors makes written findings of fact that:
A comparative market analysis shall be included in the written findings of fact for purchases made pursuant to 3.12.160(D), and (E) hereinabove. 3.12.170 Emergency Purchases of Supplies, Materials, Goods, Furnishings and Other Personal Property. Emergency purchases, including those in excess of an individual’s normal purchasing authority, may be made by the purchasing agent, or when the purchasing agent is not immediately available, by a department head. Emergency purchases made by a department head shall be reported to the purchasing agent as soon as possible, and no later than 30 days from the date of the emergency. 3.12.180 Stores Account Established. The board of supervisors shall, on an annual basis, as part of the budget process, set the appropriation level necessary for the purchasing agent to make quantity purchases and maintain an inventory of supplies, materials and equipment for issue to the several offices and departments of the county as needed. As such supplies, materials and equipment are issued, the fund from which purchases were made shall be periodically reimbursed from the proper budget appropriations of the entity receiving such issues. 3.12.190 Surplus Pool. The purchasing agent shall provide secure storage for, and maintain an inventory of, surplus personal property. All items of surplus property shall remain available to county departments for a minimum of fifteen (15) business days prior to disposal or sale of same. 3.12.200 Surplus Property of No Value. Items of surplus property, excluding fixed assets, shall be inspected by appropriate qualified staff for the purpose of determining operability and useful life. Those items found to be beyond economical repair or of little or no value shall, at the discretion of the purchasing agent, be disposed of in any manner the purchasing agent deems appropriate. Such determination of no value shall exempt items from placement in the surplus pool. Specific fixed assets found by the purchasing agent to be beyond economic repair or of little or no value and found by the board of supervisors not to be required or adequate for county use may be disposed of in any manner the purchasing agent deems appropriate. 3.12.210 Surplus Property Sale. The purchasing agent may sell any surplus property belonging to the county and found by the board of supervisors not to be required for public use. Such sales shall be conducted in accordance with Government Code section 25504. 3.12.220 Surplus Property Availability to Community Organizations. Upon the recommendation of the purchasing agent that specific items of property belonging to the county and found by the board of supervisors not to be required or adequate for county use, the board of supervisors may make available to community based organizations engaged in the pursuit of public purposes those items of surplus personal property. The transfer of personal property to such organizations shall be made in accordance with Government Code sections 25365 and 25372, and pursuant to a written agreement. PROCUREMENT OF SERVICES 3.12.230 Authority. Notwithstanding any other provision in this chapter, the board of supervisors may contract for services as authorized and provided in the Government Code without advertising for bids or seeking proposals thereon. The purchasing agent may enter into contracts authorized by this section, provided the total contract amount, inclusive of all amendments, does not exceed $50,000 or the amount allowed by Government Code 25502.3, whichever is greater. Unless otherwise prescribed by statute, nothing herein shall limit or restrict the board of supervisors or the purchasing agent from electing to call for and receive bids or proposals when awarding contracts under this section. Contracts for services shall meet all county requirements for contracts. 3.12.240 Emergency Purchases of Services. Emergency purchases of services, including those in excess of an individual’s normal purchasing authority, may be made by the purchasing agent, or when the purchasing agent is not immediately available, by a department head. Emergency purchases of services shall be reported to the purchasing agent as soon as possible, and no later than 30 days from the date of the emergency.