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)

Sec. 2-5.1005. Stock Supplies Fund.

   There is hereby established from the unappropriated funds of the County a Stock Supplies Fund in such an amount as the Board may from time to time, by resolution, establish. Such fund shall be known as the Purchasing Department Stock Supplies Fund. The Purchasing Agent may purchase supplies, materials, and equipment in quantities to be issued to the several offices and departments of the County as needed and shall make payments therefor from the funds of the Stock Supplies Fund. (§ 2, Ord. 1551, eff. September 29, 2022)

Sec. 2-5.1006. Purchasing procedure.

   Except for purchases from the Stock Supplies Fund, all purchases, rentals, and contracts shall be made only upon proper written requisitions, the form of which shall be supplied by the Purchasing Agent to the several offices of the County. No purchase order shall be issued until the Chief Financial Officer 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 duly designated assistant, is hereby 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 deputies, assistants, or employees within the department by filing a written authorization therefor with the Purchasing Agent and the Chief Financial Officer. (§ 2, Ord. 1551, eff. September 29, 2022)

Sec. 2-5.1007. Competitive bidding.

   Except as otherwise provided by 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 the Purchasing Agent is authorized to do by the provisions of this article; provided, however, in the event the Purchasing Agent purchases any individual items (as distinct from the total contract) costing more than Five Thousand and no/100ths ($5,000.00) Dollars without securing competitive bids or quotations thereon, the Purchasing Agent shall report such action to the Board with his reasons therefor; and provided, further, if the Purchasing Agent does call for competitive bids or quotations and accepts any bid or quotation other than the lowest upon any individual item costing more than Five Hundred and no/100ths ($500.00) Dollars, the Purchasing Agent shall likewise report such fact to the Board. (§ 2, Ord. 1551, eff. September 29, 2022)

Sec. 2-5.1008. Preference to County vendors.

   In any purchase authorized by the provisions of this article, the Purchasing Agent may allow a three (3%) percent preference to vendors located in the County. (§ 2, Ord. 1551, eff. September 29, 2022)