Chapter 2.18 PURCHASING AGENT*

2.18.010 Definitions.

2.18.020 Office of purchasing agent.

2.18.030 Delegation of authority to agency.

2.18.040 General powers of purchasing agent.

2.18.050 Requisitions.

2.18.060 Bidding--When required--Procedure.

2.18.070 Written certification required prior to purchase or contracting.

2.18.080 Inspection and rejection.

2.18.090 Purchasing agent’s stores account.

2.18.100 Review of documents.

2.18.110 Form and procedure compliance.

2.18.120 Effect of chapter when statute prescribes function.

2.18.130 Application of disaster ordinances.

2.18.200 Informal bidding procedures.

2.18.210 Contractors list.

2.18.220 Notice inviting informal bids.

2.18.230 Award of contracts.

* For statutory provisions regarding the county purchasing agent, see Gov. Code § 25500 et seq.

2.18.010 Definitions.

Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this chapter:
A. “Agency” means any office, department or institution of the county or any district for which the county purchasing agent may by law perform the duties of purchasing.
B. “Department head” is an elected officer or the appointing authority of any agency.
C. “Fiscal year” means a year commencing July 1st of any one year and ending June 30th of the next succeeding year.
D. “Month” means any one of the twelve calendar months starting on the first day thereof and terminating at the close of the last day thereof.
E. “Requisition” means the written request filed with the purchasing agent for the issuing of a purchase order, the form of which is prescribed and established by the purchasing agent.
F. “Supplies, materials, and equipment” means any and all articles or things which shall be furnished to or used by any agency. This definition includes the supplies, materials, and items of a common class to be furnished a particular agency or agencies within any one fiscal year, except for items purchased through the purchasing agent’s revolving fund. The meaning of “items of a common class,” as used in this subsection, is those items of a similar and identical nature which may be purchased advantageously in volume. The decision of the purchasing agent as to what items do or do not fall within the said common class shall be made by the purchasing agent and his decision shall be final in that matter. (Ord. 545 § 2(part), 1992).

2.18.020 Office of purchasing agent.

A. The office of purchasing agent is established.
B. Unless otherwise determined by the board of supervisors, the county administrative officer shall serve as the ex officio purchasing agent and shall hold office at the pleasure of the board.
C. The purchasing agent shall appoint such deputies, assistants and employees as are authorized by the board pursuant to law. (Ord. 545 § 2(part), 1992).

2.18.030 Delegation of authority to agency.

The purchasing agent may, with the approval of the board of supervisors, delegate to any agency the authority to purchase for itself such supplies, materials, equipment and contractual services as the purchasing agent may designate and upon the terms and conditions specified by him in writing; provided such purchases shall be made in accordance with the provisions of this chapter. This delegation of the authority may be rescinded at any time by the purchasing agent, with the approval of the board of supervisors, upon the giving of a written notice to such agency, signed by the purchasing agent declaring the authorization to be terminated. (Ord. 545 § 2(part), 1992).

2.18.040 General powers of purchasing agent.

The purchasing agent shall:
A. Purchase for the county and its offices all materials, supplies, furnishings, equipment, livestock and other personal property.
B. Rent for the county and its offices furnishings, equipment and livestock.
C. Engage independent contractors to perform services for the county and its offices, with or without the furnishing of material, where the aggregate cost does not exceed ten thousand dollars.
D. Contract for public works, road, or bridge projects pursuant to the public contracts code and as herein provided.
E. Dispose of county surplus property, sell special district property, and sell and leaseback personal property, as provided in Government Code Sections 25504 through 25507. (Ord. 545 § 2(part), 1992).

2.18.050 Requisitions.

The purchasing agent shall make purchases, rentals and contracts only upon proper written requisition.
A. The purchasing agent shall prepare and provide a requisition form, which shall be used by the county and its offices.
B. Each officer or department head of the county shall file with the purchasing agent and with the auditor-controller a written statement designating the person or persons authorized to sign requisitions for that office.
C. Requisitions for purchases, rentals and contracts shall be filed with the purchasing agent.
D. The purchasing agent is authorized to destroy or dispose of any written requisition received by him which is more than three years old. These requisitions need not be photographed, reproduced, or microfilmed prior to destruction and no copy of the requisition need be retained. (Ord. 545 § 2(part), 1992).

2.18.060 Bidding--When required--Procedure.

A. Supplies. The purchasing agent may purchase supplies for the county and its offices without advertising for bids. “Supplies” includes, but is not limited to, stationery and all other office supplies, clothing, bedding, groceries, provisions, drugs, medicines, and all other similar items.
B. Materials, Furnishings, Equipment, Livestock and Other Personnel Property.
1. The purchasing agent may purchase or rent materials, furnishings, equipment, livestock and other personal property without bid.
2. The purchasing agent may solicit and accept advantageous trade-in allowances for county personal property which has scrap value of less than ten thousand dollars and which has been previously determined by the board of supervisors to be not further required for public use, without advertising for offers.
C. Engaging Independent Contractors for Public Works Projects.
1. If the construction or repair of any works mentioned in Public Contract Code Section 20121 does not cost more than six thousand five hundred dollars, the purchasing agent may engage state-licensed independent contractors without advertising for bids. In determining the contract cost, the purchasing agent shall include the cost of all furnishings, materials and supplies required as part of the construction or repair.
2. If the aggregate cost exceeds six thousand five hundred dollars, the purchasing agent is not authorized to engage an independent contractor to perform construction or repair work, without bid, but must solicit competitive bids as provided in Public Contract Code Sections 20150 through 20150.14.
3. As soon as practicable after the time for renewal of contractor’s licenses the purchasing agent shall notify each contractor in the county of the opportunity to register with the county to be subsequently notified of informal bidding proceedings. The list of such contractors shall be a public record.
D. Engaging Independent Contractors for Road Projects. Whenever the board of supervisors finds that the estimated expense of any work of construction, repair, or maintenance to be done upon any county highway is twenty-five thousand dollars or less, the purchasing agent may let a contract covering both work and material, or purchase the materials and let a contract for doing the work, or purchase the materials and do the work by day labor, without calling for bids.
E. Engaging Independent Contractors for Bridge Projects. Wherever the board of supervisors finds that the estimated expense of any work of construction, maintenance, or repair to be done on any county bridge is ten thousand dollars or less, the purchasing agent may let a contract covering both work and material, or purchase the materials and let a contract for doing the work, without calling for bids.
F. Engaging Independent Contractors to Perform Services. Pursuant to Government Code Sections 25502.3 and 31000, if the aggregate cost does not exceed ten thousand dollars, the purchasing agent may engage independent contractors to perform services for the county and its offices without advertising for bids. (Ord. 545 § 2(part), 1992).

2.18.070 Written certification required prior to purchase or contracting.

A. Prior to issuing a purchase order or contracting, the purchasing agent shall obtain written certification from the auditor-controller that sufficient funds are available for the purchase, rental or contract.
B. Prior to entering into a contract on behalf of the county, the purchasing agent shall obtain written certification that the contract is acceptable as to form from the administrative officer, the auditor-controller and the county counsel. (Ord. 545 § 2(part), 1992).

2.18.080 Inspection and rejection.

A. Inspection. The purchasing agent shall inspect and determine upon delivery whether the materials, supplies, furnishings, equipment, livestock or other personal property, or the contractual services comply with specifications and are in good condition.
1. Use of Expert or Laboratory. In order to determine whether the material, supplies, furnishings, equipment, or the contractual services comply with specifications or are in good condition, the purchasing agent may engage the services of any agency, expert or laboratory, the cost of which service shall be charged against the county.
2. Delegation of Inspection Authority. The purchasing agent may delegate to any officer or department head the authority to inspect, determine compliance with specifications and reject nonconforming items or services.
B. Rejection of Noncomplying Supplies, Equipment or Services. If the materials, supplies, furnishings, equipment, livestock or other personal property or the contractual services do not comply with specifications or are not in good condition, then the purchasing agent shall refuse to accept the materials, supplies, furnishings, equipment, livestock or other personal property or the contractual services. The purchasing agent shall promptly notify in writing the board of supervisors, the county counsel, and the auditor-controller of the rejection. (Ord. 545 § 2(part), 1992).

2.18.090 Purchasing agent’s stores account.

A. A purchasing agent’s stores account for the purchase and maintenance of a stock of general supplies and materials for the county and its offices is established.
B. The stores account shall be a revolving fund, established, administered and maintained by the auditor-controller, in an amount established by the board of supervisors from time to time.
C. The manner of accounting for the revolving fund shall be determined by the auditor-controller. (Ord. 545 § 2(part), 1992).

2.18.100 Review of documents.

All forms, papers and documents provided for in this chapter shall be subject to review by the county auditor and the county administrator’s officer and all such forms, papers and documents shall be approved as to form and legality by county counsel. (Ord. 545 § 2(part), 1992).

2.18.110 Form and procedure compliance.

All forms and procedures provided for in this chapter shall conform with auditing and budgetary procedures established for the county which are not in conflict with this chapter. (Ord. 545 § 2(part), 1992).

2.18.120 Effect of chapter when statute prescribes function.

The board of supervisors declares its intention that this chapter shall be effective in those county governmental administrative functions delegated to it by the legislature but that it shall not be effective or superimposed upon those functions prescribed by statute, such as the purchase of real property by the county, the construction or maintenance of public works pursuant to Public Contract Code Sections 20100 through 20150.14, the construction, maintenance and repair of bridges, roads and structures connected therewith, purchases from the county school service fund, or any other function the procedure for which is prescribed by statute. (Ord. 545 § 2(part), 1992).

2.18.130 Application of disaster ordinances.

Notwithstanding any of the provisions of this chapter, all of the provisions of any “disaster ordinances” shall be in full force and effect. This chapter is not intended to and does not repeal or modify any term, condition or provision of such ordinances. (Ord. 545 § 2(part), 1992).

2.18.200 Informal bidding procedures.

Public projects, as defined by the Uniform Public Construction Cost Accounting Act (Act), of seventy-five thousand dollars or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code and Sections 2.18.210 through 2.18.230, inclusive of the Madera County Code. (Ord. 576 § 1(part), 2000).

2.18.210 Contractors list.

A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (Ord. 576 § 1(part), 2000).

2.18.220 Notice inviting informal bids.

Where a public project is to be performed which is subject to the provisions of Sections 2.18.200 through 2.18.230, inclusive, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 2.18.210, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided however:
A. If there is no list of qualified contractors maintained by the county for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.
B. If the product or services is proprietary in nature such that it can be obtained only from certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (Ord. 576 § 1(part), 2000).

2.18.230 Award of contracts.

The county purchasing agent, the county engineer and the county road commissioner are each authorized to award informal contracts. (Ord. 576 § 1(part), 2000).