Article 9. Public Guardian

Sec. 2-5.901. Office created.

   There is hereby created in the County the office of Public Guardian.

(§ I, Ord. 336, as amended by § II, Ord. 1481, eff. January 12, 2017)

Sec. 2-5.902. Representation by District Attorney: Employment of private counsel.

   The County Counsel shall represent the Public Guardian; provided, however, the Public Guardian may, in his/her discretion, employ private counsel when the cost thereof can be defrayed from guardianship or conservatorship estate funds.

(§ II, Ord. 336, as amended by § II, Ord. 1481, eff. January 12, 2017)

Sec. 2-5.903. Public representative payee.

   The Public Guardian is authorized to be the public representative payee and may discharge all duties as set forth in Government Code section 27436.

(§ II, Ord. 1481, eff. January 12, 2017)

Article 10. Purchasing Department and System

Sec. 2-5.1001. Purchasing Agent: Office established.

   Pursuant to the provision of Sections 25500 et seq. of the Government Code of the State, the office of Purchasing Agent of the County is hereby established. The Purchasing Agent and the Purchasing Department shall serve under the supervision and direction of the Director of General Services within the General Services Department. (§ 2, Ord. 1551, eff. September 29, 2022, as amended by § 2, Ord. 1553, eff. October 27, 2022)

Sec. 2-5.1002. Purchasing Agent: General duties.

   The Purchasing Agent shall have the duties and powers prescribed by the laws of the State relating to County purchasing agents, the provisions of this article, and resolutions of the Board. The Purchasing Agent shall be the head of the Purchasing Department of the County and shall appoint such deputies, assistants, and other employees as from time to time shall be authorized. The Purchasing Agent shall furnish the Board with such reports and information as the Board from time to time may require and shall establish the methods and procedures necessary for the proper functioning of the Purchasing Department in an efficient and economical manner. (§ 2, Ord. 1551, eff. September 29, 2022)

Sec. 2-5.1003. Purchasing Agent: Specific duties.

   The Purchasing Agent shall:

   (a)   Let personal service contracts identified by Government Code section 31000; provided, however, that the amount of any such contract shall not exceed the amount prescribed by Government Code section 25502.5 as it may be amended.

   (b)   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 Section 2-5.1004 of this article, no purchase of personal property by any persons other than the Purchasing Agent shall be binding upon the County or constitute a lawful charge against any County fund;

   (c)   Rent for County and its offices furnishings, equipment, and livestock, except, however, road equipment which the Director of Public Works is authorized by law to rent;

   (d)   Negotiate and execute in the name of the County all equipment service contracts and lease purchase agreements of personal property;

   (e)   By direct sale or otherwise, sell, lease, or dispose of any personal property belonging to the County which the Purchasing Agent finds not to be required for public use, or when purchasing personal property, to accept advantageous trade-in allowances for such property not further required for public use. The Purchasing Agent shall pay the proceeds into the County Treasury for the use of the County. Where the property is exchanged or traded, the Purchasing Agent shall secure its value on behalf of the County;

   (f)   Engage independent contractors to perform services, including special services enumerated in Government Code section 31000, for the County or County officers, with or without the furnishing of materials, when the aggregate cost does not exceed the amount prescribed by Government Code section 25502.5 as it may be amended.

   (g)   Employ state-licensed independent contractors and purchase materials, furnishings, and supplies used in the construction or repair of public works as provided for, but not exceeding the amount authorized, in Public Contract Code section 20122 as it may be amended without the formality of obtaining bids, letting contracts, preparing specifications, and the other things required;

   (h)   Lease real property as provided in Sections 2-7.101 et seq. of this Code;

   (i)   When specifically authorized by law, purchase for the Superintendent of Schools or other public officers or agencies personal property;

   (j)   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 as provided for in Government Code section 25505 as it may be amended; and

   (k)   Perform such other services as the Board from time to time by resolution may require. (§ 2, Ord. 1551, eff. September 29, 2022)

Sec. 2-5.1004. Emergency purchases.

   (a)   Emergency purchases may be made by any person or official authorized to sign requisitions when the Purchasing Agent or any of his assistants in the Purchasing Department authorized to make purchases are 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 the Purchasing Agent refuses such confirmation, the Board may subsequently approve and confirm such purchases by a four-fifths (4/5) vote of the entire Board. Unless such purchases are so approved and confirmed by either the Purchasing Agent or the Board, the costs thereof shall not constitute a legal charge against the County.

   (b)   When the Board of Supervisors proclaims a local emergency pursuant to Government Code section 8630, the Purchasing Agent may engage independent contractors to perform services related to the local emergency for the County and officers thereof as provided in Government Code section 25502.7. (§ 2, Ord. 1551, eff. September 29, 2022)