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San Bernardino County, CA Code of Ordinances
SAN BERNARDINO COUNTY, CALIFORNIA CODE OF ORDINANCES
CHARTER
TITLE 1: GOVERNMENT AND ADMINISTRATION
TITLE 2: PUBLIC MORALS, SAFETY AND WELFARE
TITLE 3: HEALTH AND SANITATION AND ANIMAL REGULATIONS
TITLE 4: BUSINESS AND SPECIAL LICENSES, REGULATIONS
TITLE 5: HIGHWAYS, TRAFFIC
TITLE 6: BUILDING REGULATIONS
TITLE 7: COUNTY AIRPORTS
TITLE 8: DEVELOPMENT CODE
PARALLEL REFERENCES
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§ 14.0103   General Functions of Purchasing Agent.
   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)
§ 14.0104   Administration of Funds.
   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)
§ 14.0105   Purchasing Procedure.
   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)
§ 14.0106   Emergency Purchases.
   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)
§ 14.0107   Void Purchases.
   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)
§ 14.0108   When Competitive Bidding Not Required.
   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)
§ 14.0109   Noncompetitive Purchases.
   The competitive process is the preferred method of conducting County purchases. The Purchasing Agent has the authority to approve all non-competitive purchases of goods, supplies, and equipment up to an amount equivalent to that authorized by Section 14.0102(d) upon receipt of a written justification from the appropriate department head. The non-competitive purchase of goods, supplies and equipment in excess of that amount must be approved by the Board of Supervisors. Non-competitive procurement of services from outside service providers may be approved by the Purchasing Agent where the annual aggregate cost per scope of services (as defined in Section 14.0102) per contractor per agency, department, or Board-governed special district (as defined in Section 14.0102) does not exceed the amount authorized by Government Code section 25502.5, as amended (set at $200,000 effective January 1, 2019) upon receipt of a written justification from the appropriate department head. Any non-competitive procurement of services, where the annual aggregate cost per scope of services per contractor per agency, department or Board-governed special district exceeds the amount authorized by Government Code section 25502.5, as amended, must be submitted to the Board of Supervisors for approval.
(Ord. 934, passed - -1960; Am. Ord. 3856, passed - -2002; Am. Ord. 3982, passed - -2006; Am. Ord. 4123, passed - -2010; Am. Ord. 4355, passed - -2019)
§ 14.0110   Property Surplus and Salvage Pool.
   (a)   Whenever any items of personal property are no longer needed by an office, department, or Board-governed special district, the entity carrying inventory thereof, may report and transfer by Property Transfer Form, subject to rules and regulations adopted by the Board of Supervisors, such property to a surplus or salvage pool to be maintained and supervised by the Purchasing Agent, who will be custodian and charged with maintaining an inventory thereof.
   Whenever any office, department, or Board-governed special district has need of any property placed in the surplus and salvage pool, such entity may acquire said property by Property Transfer Form, subject to rules and regulations adopted by the Board of Supervisors or may acquire such property pursuant to contract.
   (b)   A community based organization (a tax-exempt nonprofit corporation or foundation which performs a County purpose by providing services to County residents) on a list approved by the Assistant County Administrator of Human Services pursuant to County policy may acquire property (other than vehicles) placed in the surplus and salvage pool after such property has been made available for a reasonable period of time to County departments, groups, or Board-governed special districts, subject to rules and regulations adopted by the Board of Supervisors.
(Ord. 934, passed - -1960; Am. Ord. 2170, passed - -1977; Am. Ord. 3999, passed - -2006)
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