Section
14.0101 Duties of Purchasing Agent—General.
14.0102 Duties of Purchasing Agent—On Behalf of County and Districts.
14.0103 General Functions of Purchasing Agent.
14.0104 Administration of Funds.
14.0105 Purchasing Procedure.
14.0106 Emergency Purchases.
14.0107 Void Purchases.
14.0108 When Competitive Bidding Not Required.
14.0109 Noncompetitive Purchases.
14.0110 Property Surplus and Salvage Pool.
14.0111 Advertising Proposed Sale of Surplus Property.
14.0112 Standards Committee.
14.0113 Provision for the Adoption of Rules and Regulations.
14.0114 Informal Bidding Procedures Pursuant to the California Uniform Public Construction Cost Accounting Act.
14.0115 Contracts for Services.
14.0116 Prohibited Advertising by Elected Officials.
14.0117 Recovered Organic Waste Product - Mulch Procurement.
The Purchasing Agent shall perform the duties and have the powers and responsibilities prescribed by the general laws of the State of California relating to County Purchasing Agents, this Chapter and ordinances or resolutions of the Board of Supervisors.
(Ord. 934, passed - -1960)
(a) Purchase Material. Purchase for the County, its offices and Board-governed special districts, all materials, supplies, furnishings, equipment, livestock, and other personal property of whatever nature. No purchase of personal property of any kind or nature for use of the County, any departments or districts thereof, shall be valid, bind the County, or constitute a lawful charge against any fund of the County unless made by the Purchasing Agent as herein provided; except as otherwise provided by law, the County Charter, the provisions of this Chapter or action of the Board of Supervisors.
(b) Rent Furnishings and Equipment. Rent for the County and its offices and districts, all furnishings, equipment, and livestock, with the exception of road equipment and machinery which the Road Commissioner of the County is authorized by law to rent for County use.
(c) Negotiate Contracts. Negotiate and execute, as agent for the County, agreements relating to personal property.
(d) Enter into Service Contracts. Engage outside service providers to perform services for the County and Board-governed special districts and the offices thereof, with or without the furnishing of material, where the annual aggregate cost per scope of services per contractor per agency, department, or Board-governed special district does not exceed the amount authorized by Government Code § 25502.5, as amended, (set at $200,000 effective January 1, 2019) and ensuring the competitive process is followed as defined in § 14.0115. For purposes of this Chapter, “scope of services” means all the work and materials necessary to complete a contract, job or project. Also for purposes of this chapter, with respect to any Board-governed special district managed by and reporting to the County Special Districts Department (or its successor department or agency), the limit stated above applies to the cumulative total of all special districts, not to each individual special district.
(e) Enter into Construction Contracts. Employ, by negotiated contract or purchase order, state- licensed independent contractors for public projects, as defined by the California Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000 et seq.), in an amount equal to or less than the amount set forth in Public Contract Code § 22032(a) (set at $30,000.00 as of June 15, 2010).
(f) Allow Participation of Other Political Subdivisions in Existing Purchase Contracts. Allow participation, at their option, by other independent political subdivisions in continuing purchase contracts of the County, provided that:
(1) Said political subdivision requests the privilege of participation, and the provisions of the purchase contract so permit;
(2) Said political subdivision does not have and will not have in force, any other contract for like purchases;
(3) Said political subdivision does not have under consideration for award any other bids or quotations for like purchases;
(4) Said political subdivision shall make purchases in its own name, make payments directly to the vendor, and be liable directly to the vendor, holding the County harmless therefrom;
(5) The Purchasing Agent may terminate such participation for violation of the terms of participation or if required to do so pursuant to the contract with the vendor.
(g) Community-Based Organization Participation. Allow participation, upon agreement of the County and a vendor, by community-based organizations (CBOs) in existing purchase contracts of the County. A CBO is defined as a private non-profit group with a facility or facilities located within San Bernardino County, engaged in meeting the needs of the residents of the County, including but not limited to, providing assistance and social services to individuals and families residing within San Bernardino County. The following requirements must be met for participation by a CBO:
(1) The CBO is on a list approved by the Assistant Executive Officer for Human Services pursuant to County policy.
(2) The CBO requests the privilege of participation and the provisions of the purchase contract permit the participation.
(3) The CBO does not have and will not have in force any other contract for like purchases with the same or different vendors.
(4) The CBO does not have under consideration any other bids, proposals or requests for like purchases with the same or different vendors.
(5) The CBO must make purchases in its own name, make payments directly to the vendor and be directly liable to the vendor, holding the County harmless from any liability.
(6) The CBO shall use the property to provide and enhance the services provided to County residents.
(7) The Purchasing Agent may terminate the participation of any CBO for violation of the terms of participation or if required to do so pursuant to a contract with a vendor.
(h) Sell or Dispose of Personal Property. Sell or dispose of in accordance with Government Code §§ 25503—25507, and subject to rules and regulations adopted by the Board of Supervisors, any personal property belonging to the County and found not to be required for public use. When purchasing personal property, for which it is not necessary to advertise for bids, the Purchasing Agent may solicit and accept advantageous trade-in allowance for County personal property no longer required for public use, without advertising for offers on such property. When specifically authorized, the Purchasing Agent shall similarly dispose of personal property of any special district and pay the proceeds into the treasury of the district or return the proceeds from exchange or trade to said special district.
(i) Perform Other Services. Perform such other services as the Board of Supervisors may from time to time require.
(Ord. 934, passed - -1960; Am. Ord. 3461, passed - -1991; Am. Ord. 3546, passed - -1993; Am. Ord. 3769, passed - -1999; Am. Ord. 3772, passed - -1999; Am. Ord. 3856, passed - -2002; Am. Ord. 3982, passed - -2006; Am. Ord. 3999, passed - -2006; Am. Ord. 4113, passed - -2010; Am. Ord. 4123, passed - -2010; Am. Ord. 4307, passed - -2016; Am. Ord. 4355, passed - -2019)
The Purchasing Agent, on behalf of the County and on behalf of the districts of the County, governed by the Board of Supervisors, shall:
(a) Supervise and administer the work of such assistants as may be employed in such Purchasing Department for the performance of the assigned duties;
(b) Furnish to the Board of Supervisors an annual report (based upon the preceding fiscal year) no later than January 30 of each year. This report shall include, at minimum, the following:
(1) A list of non-competitive procurements issued under the Purchasing Agent's authority as stated in Section 14.0102(d), by department and amount, and the department's reason for the non-competitive nature of the acquisitions.
(2) A list of all blanket purchase orders, fixed price contracts and lease purchase agreements by department and vendor, and whether the contracts were competitively procured. If the items were not competitively procured, the report will also state the reason for the non-competitive procurement.
(3) A list of all vendors receiving more than $150,000 in payments and the departments utilizing these vendors.
(4) An analysis of the percentage of dollars expended with local vendors and non-local vendors.
(c) Establish methods and procedures as may be necessary for the proper functioning and practical conduct of the Purchasing Department;
(d) Perform such other acts as may be deemed necessary by the Board of Supervisors.
(Ord. 934, passed - -1960; Am. Ord. 3982, passed - -2006; Am. Ord. 4355, passed - -2019)
The Board of Supervisors shall, on an annual basis, as part of the budget process, set the level and make the fund allocations necessary for the Purchasing Agent to make quantity purchases and maintain an inventory of supplies, materials and equipment for issue to the several offices, departments, districts of the County, cities and other political subdivisions, as needed.
As such supplies, materials, equipment, and services are issued, the fund from which purchases were made shall be periodically reimbursed from the proper budget appropriations of the entity receiving such issue.
(Ord. 934, passed - -1960; Am. Ord. 2425, passed - -1980)
The Board of Supervisors hereby grants authority to heads of offices, departments, and districts to draw requisitions on the Purchasing Agent. This authority may be delegated to any of their deputies, officers, or employees by filing written authorization with the Purchasing Agent; and the Purchasing Agent shall supply the requisition form to the heads of the various entities, prescribing the number of copies required to be submitted. Except as provided in § 14.0104 of this Chapter, or as otherwise provided by general law or ordinance of this County, the Purchasing Agent shall make purchases, rentals, and contracts only upon proper written requisition. Unless purchases are approved by either the Purchasing Agent or the Board of Supervisors, or as otherwise provided by law, the costs thereof shall not constitute a legal charge against the County but shall constitute a charge against the person making such purchase.
No purchase order shall be issued until the Auditor/Controller-Recorder shall have certified that sufficient monies are available in the proper budget appropriation to pay for such purchases, rentals, or contracts, and the Purchasing Agent shall immediately notify the requisitioning entity of the insufficiency of funds. If the costs of any purchase order cannot be readily ascertained, the Purchasing Agent may estimate such cost, and the Auditor/Controller-Recorder may make the aforesaid certification based upon such estimated cost.
(Ord. 934, passed - -1960)
Emergency purchases may be made by an person or official herein authorized to sign requisitions when: (a) The Board of Supervisors or an official designated by ordinance has proclaimed a local emergency, pursuant to Government Code § 8630 (or any successor statute); or (b) Such item or items are immediately necessary for the preservation of life or property; or (c) The Purchasing Agent or any deputy or assistant authorized to make purchases is not immediately available, and the item or items are immediately necessary for continued operation of the entity, and undue delay would cause substantial loss to the County.
Such emergency purchases shall be subsequently approved and confirmed by the Purchasing Agent. If the Purchasing Agent refuses such confirmation, the Board of Supervisors may subsequently approve and confirm such purchase by a two-thirds vote of the members present at any of its regular meetings. Unless such purchases are so approved and confirmed by either the Purchasing Agent or the Board of Supervisors, the costs thereof shall not constitute a legal charge against the County but shall constitute a charge against the person making such purchase.
(Ord. 934, passed - -1960; Am. Ord. 4123, passed - -2010)
If any County entity purchases or contracts for any supplies, materials, equipment, or contractual services contrary to the provisions of this Chapter, such purchase or contract shall be void, and of no effect, and shall not constitute a lawful charge against any County fund, but shall constitute a charge against the person making such purchases.
(Ord. 934, passed - -1960)
Except as otherwise required by general law, charter, or this Chapter, the Purchasing Agent shall have the power, without public notice, preparation of specifications, or the securing of competitive bids or price quotations, to make any purchase of supplies, materials, equipment, or other personal property, or to contract or engage independent contractors to perform sundry services for the County.
In the performance of the functions hereunder, the Purchasing Agent shall comply with all applicable statutes, ordinances, and policies. In making purchases, the Purchasing Agent shall use such methods and procedures as, in the Agent’s judgment, will secure the lowest price consistent with the quality desirable for the use intended and the needs of the County.
(Ord. 934, passed - -1960)
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