Pursuant to the provisions of Section 25500, et seq., of the
Government Code of the state, the office of purchasing agent is established.
(Prior code §2-90)
The purchasing agent shall have the duties and powers prescribed
by laws of the state relating to county purchasing agents, the provisions
of this chapter and the resolutions of the board of supervisors. He
or she shall be the head of the purchasing department of the county
and shall appoint such deputies, assistants and other employees therein
as shall from time to time be authorized therefor in this title. He
or she 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.
(Prior code §2-91)
Subject to the general direction of the chief executive officer,
the purchasing agent shall:
A.
Purchase
for the county and its offices all materials, supplies, furnishings,
equipment, livestock and other personal property of whatever kind
and nature, and except in cases of emergency as provided in this chapter,
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;
B.
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;
C.
Negotiate
and execute in the name of the county all equipment service contracts
and lease purchase agreements of personal property;
D.
Negotiate
and execute in the name of the county as lease all rentals of real
property which the county may require;
F.
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 limitation prescribed by the laws
of the state. Provided, however, this shall not apply to contracts
to do work upon the public roads of the county, contracts to print
legal briefs or legal notices, contracts for reporters' services or
transcripts, contracts for election, supplies, contracts for expert
services to be rendered the offices of the district attorney, county
counsel or sheriff, contracts for appraisers' services, contracts
for consultants and 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;
G.
Engage
independent contractors to construct, repair, or furnish any building
or structure enumerated in Section 25450 of the Government Code of
the state and Section 20121 of the Public Contract Code when the estimated
cost does not exceed that limitation prescribed by the laws of the
state;
H.
When
specifically authorized by law, purchase for the superintendent of
schools or other public officer or agency personal property;
I.
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 an exchange or trade is made, return the proceeds
to the special district;
J.
Perform
such other services as the board of supervisors may from time to time
by resolution require.
(Prior code §2-92; Ord. NS 1092 §1, 1982; Ord.
CS 475 §§1, 2, 1992)
Emergency purchases may be made by any person or official authorized
to sign requisitions when the purchasing agent or any of his or 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. Such emergency purchases shall be subsequently
approved and confirmed by the purchasing agent, or if he refuses such
confirmation, the board of supervisors may subsequently approve and
confirm such purchase by a 4/5 vote of the entire board. Unless such
purchases are so approved and confirmed by either the purchasing agent
or the board of supervisors, the costs thereof shall not constitute
a legal charge against the county.
(Prior code §2-93)
Except as to purchases from the revolving fund of the purchasing agent, established pursuant to Title 3, Division 3, Chapter 2, Article 2 of the Government Code of California, all purchases, rentals and contracts shall be made only upon properly written requisitions, the forms of which shall be supplied by the purchasing agent to the several offices of the county. No purchase order shall be issued until the county auditor shall have certified that sufficient money is available in the proper budgeted fund of the department to pay for the purchase. The head of any county office, department or institution or his or her 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 or her deputies, assistants or employees within the department by filing a written authorization therefor with the purchasing agent and the auditor.
(Prior code §2-94)
Except as otherwise provided by ordinance 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 or she is authorized to do in this
chapter; provided, however, that in the event he or she purchases
any individual item (as distinct from the total contract) costing
more than fifteen thousand dollars without securing competitive bids
or quotations thereon, he or she shall report such action to the board
of supervisors with his or her reasons therefor; and provided further,
that if he or she does call for competitive bids or quotations, and
accepts any bid or quotation which complies with all terms, conditions
and specifications, other than the lowest upon any individual item
costing more than fifteen thousand dollars, he or she shall likewise
report such fact to the board of supervisors.
(Prior code §2-95; Ord. CS 502 §1, 1992; Ord.
CS 1239 §2, 2019)
The purchasing agent is authorized to sell, trade, trade in,
lease, exchange, or otherwise dispose of any personal property belonging
to the county which is deemed to be surplus and not required for public
use by the county and which has a value of less than one thousand
dollars per individual item without prior approval by the board of
supervisors. Notwithstanding any other provision of this code, such
disposition of surplus property may be made without securing bids
or advertising. For disposition of personal property exceeding one
thousand dollars per individual item, prior approval from the board
of supervisors must be obtained. All proceeds from such sales shall
be paid into the county treasury for the use of the county.
(Ord. CS 475 §3, 1992)
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 offices building and in the office of the purchasing agent,
and in such other public place within the county as the purchasing
agent may be deem advisable.
(Prior code §2-96)
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 or her 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 §2-97)
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. Such personal property
shall 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 designated as purchasing agent's salvage, or
has requisitioned the purchase of a similar article, the purchasing
agent may upon a property drawn request for transfer or requisition,
transfer the article to such department.
(Prior code §2-98; Ord. CS 502 §2,1992)
A fund, designated the purchasing agent's stores account, in
the amount of five hundred thousand dollars is created and established.
The purchasing agent may purchase supplies, materials and equipment
in quantity, to be issued to the various offices and departments of
the county as needed, and to make payments therefor out of the purchasing
agent's stores account. As such supplies, materials and equipment
are issued to a county office or department, the purchasing agent's
stores account shall be reimbursed from the budgeted funds of the
requisitioning department. The auditor shall certify the availability
of funds in the appropriate budget account of the office or department
issuing the requisition before any issuance of supplies, materials
or equipment is made.
(Prior code §2-99; Ord. 928 §1, 1980; Ord. CS
7 §1, 1983)
The purchasing agent may organize standards committees as needed
to establish standards with respect to the type, design, quality or
brand of a certain article or group of related articles or services
purchased by the county. The membership of the committee shall be
the purchasing agent who shall be chairman, the chief executive officer
and the heads of each county office, department or institution that
is a primary user of the item or group of items for which the committee
is appointed. Any member of the committee may act through a representative
appointed by him or her.
(Prior code §2-100)
In making purchases of personal property or entering into contracts involving the furnishing of products or materials, the purchasing agent shall comply with Chapter 4, Division 5, Title 1 of the Government Code with respect to American-made and California-made materials. When the price and quality of the products or materials offered are equal, preference shall be given to county products.
(Prior code §2-101)
A.
Whenever
the purchasing agent purchases services, supplies, materials, and/or
equipment for the county through the use of competitive process, including
quotes, bids and proposals, a five percent preference shall be granted
to local vendors for evaluation purposes.
B.
The
local vendor preference does not apply to bids conducted jointly with
other public agencies, nor when prohibited by state or federal statutes
or regulations that require award to the lowest responsible bidder,
or otherwise exempted from local preferences.
C.
For
the purposes of this section, "local vendor" means any business that
meets all of the following criteria:
1.
The
vendor has a fixed office or distribution point located within the
county of Stanislaus for at least one year prior to the transaction
for which preference is claimed by the vendor. Post office boxes do
not qualify as a verifiable business address.
2.
The
vendor has a current business license issued by the county or by a
city within Stanislaus County.
3.
The
vendor employs at least one full-time employee whose primary residence
is located in Stanislaus County, or if the business has no employees,
at least fifty percent of the business shall be owned by one or more
persons whose primary residence is located in Stanislaus County.
D.
The
purchasing agent will apply the following procedures and guidelines
when implementing the local vendor preference program.
1.
To qualify for the local vendor preference, local vendors may pre-register with the Stanislaus County general services agency, purchasing division, or must submit with each bid for which a preference is claimed documentary proof that the vendor meets the criteria established in subsection C of this section. The purchasing agent shall not be required to verify the accuracy of any such certification and shall have sole discretion to determine if a vendor meets the definition of a local vendor or local business.
2.
When
bid submissions are evaluated, a five percent local preference shall
be deducted from the total dollar amount bid by local vendors on competitive
quotes and bids, and from the total evaluated aggregate score obtained
by local vendors on proposals. The total amount of local preference
granted in a single bid shall not exceed five thousand dollars over
a non-local vendor. The award shall be made at the full price of the
quote, bid or proposal.
3.
In
the case of an absolute tie, an award will be made to the local vendor.
In the case of a tie between local vendors, the award will be determined
by lot.
(Ord. CS 1021 §1, 2007)
Credit cards may be used to procure goods and services for official
county business. County credit card policy and county travel policy
govern credit card usage.
(Ord. CS 583 §1, 1995)
