Pursuant to the provisions of section 25500 et seq. of the Government Code, the Board of Supervisors may employ a Purchasing Agent and such assistants as are necessary for him or her properly to fulfill his or her duties. Unless otherwise provided by resolution of the Board of Supervisors, the Director of the County's General Services Agency shall serve as the Purchasing Agent ex-officio. The Director of the General Services Agency may delegate such of the duties and powers of the Purchasing Agent as he or she deems appropriate to a purchasing manager or other subordinate employees of the General Services Agency.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
The Purchasing Agent shall have such duties and powers as are prescribed by the laws of the State of California relating to County purchasing agents, by this Article, and by resolutions of the Board of Supervisors. He or she shall be provided such staff support as is deemed necessary by the Board of Supervisors. 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 to carry out the Purchasing Agent's powers and duties in an efficient and economical manner.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
The Purchasing Agent shall perform the following duties:
(a) 
Negotiate for and purchase all supplies, materials, furnishings, equipment, livestock, and other personal property required by each and every department, officer, or employee of the County.
(b) 
Approve, without bidding, any contracts for public projects, as defined in Public Contract Code section 22002, which are not performed by employees of the County by force account, of no more than the maximum specified in Public Contract Code section 22032, as such statute may be amended from time to time ($75,000 or less as of the date of amendment of the ordinance codified in this chapter).
(c) 
Let informal contracts for public projects, as defined in Public Contract Code section 22002, which are greater than the maximum specified in subdivision (b) of this section, but not more than the maximum amount specified in Public Contract Code sections 22032 or 22034, or by the State Controller acting pursuant to Public Contract Code section 22020, as such statutes or directives may be amended from time to time ($220,000 or less as of the date of amendment of the ordinance codified in this chapter).
(d) 
When specifically authorized by law, purchase personal property for the Superintendent of Schools or any other public officer or agency.
(e) 
Rent for the County and its offices, furnishings, equipment, and livestock. However, County employees traveling outside the County on County business may enter into short-term rentals of automobiles.
(f) 
Negotiate and execute in the name of the County all lease-purchase agreements of personal property.
(g) 
Sell, lease, exchange, trade, or otherwise dispose of all personal property belonging to the County no longer needed for public use, in accordance with section 25503 et seq. of the Government Code.
(h) 
When specifically authorized by law, sell, lease, exchange, trade, or otherwise dispose of personal property no longer needed for public use belonging to the Superintendent of Schools or any other public officer or agency, in accordance with section 25503 et seq. of the Government Code.
(i) 
Make application for and receive all license plates necessary for County equipment, and receive and file all certificates of ownership of said equipment.
(j) 
Perform such other services as the Board of Supervisors may require from time to time by resolution.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3250, effective 3-1-01; amended by Ord. No. 3550, effective 1-17-19; amended by Ord. No. 3586, effective 11-26-20; amended by Ord. No. 3660, effective 8-7-25)
(a) 
Except as otherwise provided below, the Purchasing Agent may engage independent contractors to perform services for the County and the offices thereof, with or without the furnishing of material, where the annual aggregate cost does not exceed the maximum amount for each project authorized by section 25502.5 of the Government Code (not more than $200,000, as of the date of the ordinance codified in this section), as such statute is amended from time to time. For purposes of this section, "project" shall be defined to mean a specific, identifiable work of limited duration and scope, which may extend beyond one fiscal year, but not more than three fiscal years. Notwithstanding the foregoing, the Purchasing Agent may engage independent contractors to perform services which are not limited to a specific project, but which are to be provided on an on-call/as-needed basis, pursuant to an agreement which does not commit the County to pay for such services beyond three fiscal years.
(b) 
This section shall have no application either to work upon the public roads of the County or to projects under section 20121 et seq., or section 20150 et seq., of the Public Contract Code.
(c) 
Regardless of the provisions of subsection (a) of this section, certain departments shall have the right to engage contractors directly:
(1) 
The District Attorney, Public Defender, and County Counsel shall have the right to engage contractors directly, within the limits of their respective budgets, to print legal briefs, provide reporter's services and transcripts, and to provide other expert services related to specific cases or matters as are required by such departments.
(2) 
Pursuant to Elections Code section 13001, the Registrar of Voters shall have the right to engage contractors directly in providing the materials required by Elections Code Division 13, entitled "Ballots, Sample Ballots, and Voter Pamphlets."
(3) 
The Sheriff shall have the right to engage contractors directly, within the limits of his or her respective budgets, to provide coroner services, air support, fingerprinting services, search and rescue, interpreter services, and training. The Sheriff shall also have the right to enter into contracts with the California Department of Corrections for State correctional services as authorized by Section 4007 of the Penal Code, within the limits of that department's budget.
(4) 
In addition, if some state law authorizes an officer or body to obtain services directly from independent contractors, this section is not intended to supersede such authority under state law.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3284, effective 4-8-03; amended by Ord. No. 3314, effective 08-30-05; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)
No officer or employee of the County of Tulare shall attempt to coerce the Purchasing Agent in the performance of his or her duties.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
"Lowest responsible bidder,"
as used in this Article, shall mean the vendor whose bid, and the article or service offered, are the most economical and advantageous to the County from the standpoint of suitability to purpose, quality, delivery and discount terms, service reputation of the vendor, and other information and data required to establish the bidder's responsibility.
(Amended by Ord. No. 3550, effective 1-17-19)
(a) 
Notwithstanding any other provision in this chapter to the contrary, whenever the County purchases supplies, materials, equipment or services for the County through the use of competitive bids, the County, in evaluating the price for such supplies, materials, and/or equipment, shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If the low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid. Such new bid must be in an amount less than or equal to the low bid announced by the County. If the County receives any new bids from local vendors within said forty-eight (48) hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received within said forty-eight (48) hour period, the contract shall be awarded to the original low bidder as announced by the County.
(b) 
For purposes of this section, "local vendor" shall mean any business which:
(1) 
Has had a fixed office or distribution point located in and having a street address within the County for at least six (6) months immediately prior to the issuance of the request for bids by the County; and
(2) 
Holds any required business license by the County or any city within the County; and
(3) 
Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within the County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence is located within Tulare County.
(c) 
Any vendor claiming to be a local vendor as defined above shall so certify in writing to the Purchasing Agent. 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."
(d) 
Any person or business falsely claiming to be a local vendor under this section shall be ineligible to transact any business with the County for a period of not less than three (3) months nor more than twenty-four (24) months as determined in the sole discretion of the Purchasing Agent. The County shall also have the right to terminate all or any part of any contract entered into with such person or business.
(e) 
Prior to the County declaring any person or business not a "local vendor" or ineligible to transact business with the County, such person or business shall be entitled to a public hearing before the Board of Supervisors and to a five (5) day notice of the time and place thereof.
(f) 
This section shall not apply to contracts required by state or federal statutes or regulations to be awarded to the "lowest responsible bidder," or otherwise exempted from local preferences.
(g) 
The provisions of this section in regard to motor vehicles are suspended from the effective date of the addition of this subdivision (g) (April 15, 2025) through December 31, 2028.
(Added by Ord. No. 3138, effective 10-26-95; amended by Ord. No. 3304, effective 01-04-05; amended by Ord. No. 3550, effective 1-17-19; amended by Ord. No. 3634, effective 02-22-24; amended by Ord. No. 3655, effective 5-15-25)
Unless otherwise ordered by resolution of the Board of Supervisors, all supplies, materials, and equipment acquired by the Purchasing Agent shall be purchased from the lowest responsible bidder after taking written bids if the estimated total cost of the commodities or services required from a class of vendors exceeds the sum of One Hundred Thousand Dollars ($100,000). However, the Purchasing Agent is not required to call for bids for the following transactions:
(a) 
Purchase of proprietary drugs, library books, periodicals, standard school supplies, or repair parts for motor vehicles and construction equipment.
(b) 
Purchase of gasoline, diesel fuel, and other petroleum products used in and for motor vehicles.
(c) 
Purchase of services, with or without the furnishing of material, under sections 1-03-1285 and 1-03-1290 of this Code.
(d) 
Contracting for work and/or materials for County Road Projects of less than Twenty-Five Thousand Dollars ($25,000) pursuant to Public Contract Code Section 20394.
(e) 
Purchase of personal property or services from price lists of other governmental entities or of associations of governmental entities where such price lists have been compiled in such a manner as to insure lowest prices available to the County.
(Amended by Ord. No. 3136, effective 10-26-95; amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)
Written invitations for bids shall contain the date and hour of bid opening, the name of the department to be supplied, the requisition number, delivery date, quantities, and complete specifications or description of the items or service to be supplied. The Purchasing Agent shall provide an invitation for bid to any prospective bidder requesting the specific invitation, and it is desirable generally to seek bids from a reasonable number of prospective bidders. Copies of the written invitation for bids shall be posted on a bulletin board available to the public, and bids shall be opened and read in public on the date and hour specified in each invitation for bids.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)
In the event the lowest complete bid is rejected and the award is made to a higher bidder, the reasons for such action shall be set forth in a memorandum and attached to the rejected bid.
(Amended by Ord. No. 3550, effective 1-17-19)
Notwithstanding the provisions of section 1-03-1305 of this Article, if bids have been solicited by the Purchasing Agent, as required in this Article, and no bids have been received, or it is determined by the Purchasing Agent that it would not be in the best interest of the County to accept a bid, the Purchasing Agent may cancel the bid, reject all bids and solicit new bids, or may negotiate with individual vendors to obtain the commodity or service under terms that serve the best interests of the County.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3395, effective 11-12-09; amended by Ord. No. 3550, effective 1-17-19)
Bids shall be kept on file for the period of time specified in the County Records Retention/Destruction Policy, as such policy may be amended from time to time. Thereafter they may be destroyed.
(Amended by Ord. No. 3550, effective 1-17-19)
(a) 
The Purchasing Agent shall supply the various offices, institutions, and departments of the County with forms, requisitions, and reports of goods received or services rendered, and the same shall be filled out with as many copies as may be deemed necessary by the Purchasing Agent.
(b) 
All requests for purchases made through the Purchasing Agent shall be submitted on a requisition form. Such requisition shall specify the quantities desired, provide a complete description or specification of the item or service required, an explanation of usage, and shall be signed by the proper authority. Brand names are to be indicated on requisitions only to describe a standard quality or what has been formerly used; provided, however, that proprietary drugs when required shall be indicated as such.
(c) 
Upon receipt of a properly completed requisition, the Purchasing Agent shall initiate the acquisition process. If the Purchasing Agent refuses to act upon a requisition, the officer or employee requesting the expenditure may bring the matter before the Board of Supervisors for review.
(d) 
Written requisitions may be destroyed after the period of time specified in the County Records Retention/Destruction Policy, as such policy may be amended from time to time, and such requisitions need not be photographed, reproduced or microfilmed.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
The purchasing Agent shall, from time to time, determine the form for the purchase order and the procedure to be followed in processing purchase orders. No purchase order or contract shall be issued by the Purchasing Agent to a vendor unless sufficient funds have been budgeted and are available to pay for the materials or services which have been requisitioned.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
Personal property no longer needed for use by an office or department of the County shall be immediately declared as surplus by the using agency, and the Purchasing Agent shall supply property forms for such declaration. The form shall contain the quantity, description, serial number, date of purchase, and such other pertinent information as may be required by the Purchasing Agent, and shall be filed with the Purchasing Agent. If the personal property is to be sold or traded in as a credit for purchase, the procedure shall be in accordance with section 25503 et seq. of the Government Code.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
Whenever any office or department of the County requires materials, supplies or equipment, or any personal property which has been declared to be surplus, a requisition in the same form and issued in the same manner as hereinbefore provided shall be presented to the Purchasing Agent. The Purchasing Agent may authorize the transfer, and the departmental inventories shall be adjusted accordingly.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
County departments may secure newspaper advertising of legal notices and other documents required to be published for the discharge of their duties without securing a purchasing order. The invoice from the newspaper shall be sent to the County Auditor for payment from funds budgeted for such advertising.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
Authorization and the procedure to be followed for making direct purchases in total amounts not to exceed Four Thousand Dollars ($4,000) by County departments shall be determined by the Purchasing Agent, and such authorization may be revoked or amended at any time by the Purchasing Agent.
(Amended by Ord. No. 3136, effective 10-26-95; amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3405, effective 5-20-10)
(a) 
In an emergency as defined in section 1-15-1005 of this Ordinance Code, the procedures in Chapter 15 of this Part, entitled "Civil Defense and Disaster," shall be followed.
(b) 
In all other cases, an emergency shall be deemed to exist when the Purchasing Agent or any of his or her assistants cannot be contacted by telephone or radio, and materials, supplies, or rental equipment is immediately necessary for the preservation of life or property, or to prevent the breakdown of a county service at substantial expense to the County. Emergency purchases may be made by any employee or official authorized to sign requisitions. Each emergency purchase shall be reported to the Purchasing Agent within ten (10) calendar days after the purchase is made. Such emergency purchases may be subsequently ratified by the Purchasing Agent, or if he or she refuses such ratification, or if such ratification is beyond the authority of the Purchasing Agent, the Board of Supervisors may subsequently approve and ratify such purchase by a four-fifths (4/5) vote of the entire Board. Unless an emergency purchase is so approved and ratified by either the Purchasing Agent or the Board of Supervisors, the cost thereof shall not constitute a legal charge against the County, but shall constitute a charge against the person making the same. No purchase shall be approved or confirmed by the Purchasing Agent or by the Board of Supervisors under this section except upon an express finding by the Purchasing Agent or by the Board that an emergency actually existed at the time of the acquisition of such property.
(Amended by Ord. No. 3204, effective 5-14-98; amended by Ord. No. 3550, effective 1-17-19)
If any officer, employee or agent of the County makes a purchase or contracts for services contrary to the provisions of this Article, such order or contract shall be void and of no effect. The head of the department, office, or institution shall be personally liable for the amount of such purchase, order, or contract and, if already paid for out of County funds, the amount thereof may be recovered in the name of the County in an appropriate action therefor.
(Amended by Ord. No. 3550, effective 1-17-19)
The Board of Supervisors may establish a Board of Standardization to be composed of the Purchasing Agent, as Chairman, and such other officials as the Board of Supervisors may designate. The members of such Board of Standardization shall serve without additional compensation.
(Amended by Ord. No. 3204, effective 5-14-98)
If a Board of Standardization is established, it shall be the duty of such Board to classify the requirements of the County government for supplies, materials and equipment which are common to the needs of two or more agencies and which are purchased repeatedly; to adopt as standards the minimum number of qualities, sizes and varieties of such supplies, materials and equipment consistent with the efficient operation of the County; and to prepare, adopt and promulgate written specifications describing such standards. The Board of Standardization shall, to the maximum practicable extent, adopt for County use the standard specifications of other governmental units and nationally recognized standardizing bodies.
All specifications must be definite and certain and permit of competitive bidding after they are adopted. Each standard specification shall, until revised or rescinded, apply alike in terms and effect to every future purchase and contract for the commodity described in such specification.
In accordance with Government Code section 25526.5, the Board of Supervisors may determine that any real property or interest therein belonging to the County is no longer needed for County or other public purposes, and that the estimated value of the real property or interest therein does not exceed the maximum amount specified in Government Code section 25526.5, as such section may be amended from time to time ($25,000 as of the date of amendment of this ordinance). If such a determination is made by the Board of Supervisors, the Board of Supervisors hereby designates the Purchasing Agent as the officer directed to sell, exchange, quitclaim, or convey the real property or interest therein upon such terms and conditions as the Purchasing Agent deems appropriate; provided, that notice of intention that the Purchasing Agent will execute the sale shall be posted in a public place for five working days prior to effecting the transfer.
(Added by Ord. No. 3418, effective 11-18-10; amended by Ord. No. 3550, effective 1-17-19)