(1) The county executive, with the advice and consent of the county legislative body, in each county having a taxable value in excess of $500,000,000 may appoint a county purchasing agent.

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Terms Used In Utah Code 17-53-307

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Contract: A legal written agreement that becomes binding when signed.
  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
         (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
         (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
         (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
         (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) The agent shall qualify by taking, subscribing, and filing the constitutional oath and giving bond to the county in a sum fixed by the county legislative body.
(3)

     (3)(a) The county purchasing agent shall, under the direction and supervision of the county executive and except as provided in Subsection (3)(b):

          (3)(a)(i) negotiate for the purchase of or contract for all supplies and materials required by the county;
          (3)(a)(ii) submit all contracts and purchases negotiated by the purchasing agent under Subsection (3)(a)(i) to the county executive for approval and ratification; and
          (3)(a)(iii) keep an accurate and complete record of all purchases and a detailed disposition of them and, when required by the county legislative body, make a complete and detailed report to it of business transacted.
     (3)(b) Subject to Subsection (3)(c), the county executive may structure the county purchasing agent’s office so that:

          (3)(b)(i) the county purchasing agent’s office is physically located within the county auditor’s office; and
          (3)(b)(ii) the county purchasing agent receives direction and supervision from the county auditor.
     (3)(c) The county executive:

          (3)(c)(i) may not structure the county purchasing agent’s office as described in Subsection (3)(b) unless:

               (3)(c)(i)(A) the county executive receives the advice and consent of the county council; and
               (3)(c)(i)(B) the county executive and county auditor agree, in writing, to the proposed structure, including the level of direction and supervision of the county purchasing agent retained by the county executive; and
          (3)(c)(ii) shall maintain the level of direction and supervision over the county purchasing agent as agreed upon with the county auditor.
(4) The county executive may exclude from the purchasing agent’s responsibility a county clerk’s duties concerning elections or a sheriff’s duties under Section 17-22-8.