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San Bernardino County Overview
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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§ 14.0108   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)
§ 14.0111   Advertising Proposed Sale of Surplus Property.
   In the disposition of any surplus or salvage property found, in accordance with rules and regulations adopted by the Board of Supervisors, not to be required for public use, the Purchasing Agent may purchase advertising and may advertise the proposed sale or other disposition of the personal property in such medium, including paper and electronic, as in the Purchasing Agent’s judgment will best publicize the proposed sale or other disposition to those persons most likely to bid for or purchase the personal property. The Purchasing Agent shall decide the amount, nature, makeup, and content of the advertising.
   In the disposition of specialty property, including property that has limited marketability or purpose, the Purchasing Agent may utilize alternative methods for disposition of the property without advertising. Alternative methods include, but are not limited to, consignment and sale to a single identified buyer.
   In the event that any item of County personal property is found to have no resale value, the Purchasing Agent may direct that such item be destroyed or disposed of in any manner the Purchasing Agents may see fit.
(Ord. 934, passed - -1960; Am. Ord. 4307, passed - -2016)
§ 14.0112   Standards Committee.
   The Purchasing Agent may organize a “Standards Committee” as needed to establish standards, with respect to the type, design, quality, or brand of a certain article or group of related articles or services purchased by the County.
(Ord. 934, passed - -1960)
§ 14.0113   Provision for the Adoption of Rules and Regulations.
   The Purchasing Agent may, from time to time, adopt procedural and such other rules and policies consistent with law, ordinances and policies to assist in the proper and efficient performance of the duties under this Chapter. Such rules and policies, if adopted, shall be reduced to writing and followed by the Purchasing Agent wherever applicable. A copy of any such rule or policy shall be kept open to public inspection in the Office of the Purchasing Agent.
(Ord. 934, passed - -1960; Am. Ord. 3546, passed - -1993; Am. Ord. 3769, passed - -1999)
§ 14.0114   Informal Bidding Procedures Pursuant to the California Uniform Public Construction Cost Accounting Act.
   In accordance with the mandate of Public Contract Code § 22034, the County adopts the following provisions to govern the selection of contractors to perform public projects pursuant to Public Contract Code § 22032(b).
   (a)   Informal Bid Procedure. Public projects, as defined by the California Uniform Public Construction Cost Accounting Act, less than or equal to the amount set forth in Public Contract Code § 22032(b) [currently, $100,000], may be let to contract by informal procedures as set forth in § 22030 et seq. of the Public Contract Code and shall be subject to those provisions and the provisions of this Section.
   (b)   Contractors List. A list of contractors identified according to categories of work, shall be developed and maintained in accordance with the provisions of § 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
   (c)   Notice Inviting Informal Bids. Where a public project subject to the provisions of this Section is to be performed, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this Section, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission pursuant to § 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided, however:
      (1)   If there is no list of qualified contractors maintained for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
      (2)   If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
      All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
   (d)   Award of Contracts. The Board of Supervisors delegates the authority to award contracts pursuant to this Section to the County Administrative Officer up to the amount authorized in Public Contract Code § 22032(b) (set at $125,000.00 as of June 14, 2010).
   (e)   Bids in Excess of the Amount in Public Contract Code § 22032(b). If all bids received are in excess of the amount authorized in Public Contract Code § 22032(b) [currently, $100,000], the Board may, by passage of a resolution by a four-fifths vote, award the contract at up to the amount set forth in Public Contract Code § 22034(f) [currently $110,000], to the lowest responsible bidder, if it determines the cost estimate of the County was reasonable.
   (f)   Failure to Receive Bids. If no bids are received, through the formal or informal procedure, the project may be performed by the employees of the County by force account, or negotiated contract without further complying with the Uniform Public Construction Cost Accounting Act procedures.
   (g)   Adjustments to Amounts Listed. The County recognizes that the monetary limits set forth in Public Contract Code §§ 22032(a), 22032(b) and 22034(f) are subject to adjustment every five years pursuant to the procedure set forth in Public Contract Code § 22020.
   (h)   Change Orders. For contracts awarded pursuant to this Section, the County Administrative Officer or Department Head responsible for construction management of the public project, is authorized to approve change orders not exceeding a total of $5,000.00, if the original construction contract amount is $50,000.00 or less, and not exceeding a total of ten percent of the original construction contract amount, if the original construction contract amount is over $50,000.00. All such approved change orders must be reported to the County Administrative Officer. The Board of Supervisors shall approve all change orders exceeding the amounts described in this Section.
(Ord. 934, passed - -1960; Am. Ord. 3912, passed - -2004; Am. Ord. 4113, passed - -2010)
§ 14.0115   Contracts for Services.
   (a)   Pursuant to Section 14.0102(d), contracts for services, which may be entered into by the Purchasing Agent, with or without the furnishing of material, may not exceed the annual aggregate amount per vendor, per agency, department, or Board-governed special district set forth in Government Code § 25502.5, as amended. Any agency, department, or Board-governed special district contract in excess of that amount must be approved by the Board of Supervisors. The Purchasing Agent is responsible for ensuring the competitive process is utilized for any service contract in an amount less than the annual aggregate amount set forth in Government Code § 25502.5, as amended, which is not subject to approval by the Board of Supervisors.
   (b)   Agencies, departments, or Board-governed special districts contracting for services ranging from in excess of $50,000 up to $100,000 annually are required to develop a written scope of work and conduct a solicitation process contacting as many vendors as practical using sources as may be recommended by the Purchasing Agent.
   (c)   Agencies, departments, or Board-governed special districts contracting for services in excess of $100,000 annually are required to conduct a formal request for proposal (RFP) process. Approval from the Chief Executive Officer or designee, is required prior to issuing the RFP.
   (d)   In the calculation of the above-identified limits, no officer or employee shall split or separate any contract, work, project or services into smaller contracts, work, projects or services for the purpose of evading the limitations of this Section.
   (e)   All requests for professional services must receive approval from the appropriate department head. Any person who violates this Section will be subject to discipline, up to and including termination.
   (f)   Where the aggregate amount of contracts for services exceed $150,000 per vendor for the County overall per fiscal year, a report will be generated by the Auditor-Controller/Treasurer/Tax Collector and provided to the Board of Supervisors and the County Administrative Office (CAO). The CAO will review the report and may include recommendations to the Board of Supervisors regarding department coordination with respect to vendor services.
(Ord. 934, passed - -1960; Am. Ord. 964, passed - -1961; Am. Ord. 1875, passed - -1973; Am. Ord. 2274, passed - -1978; Am. Ord. 2402, passed - -1979; Am. Ord. 3982, passed - -2006; Am. Ord. 4123, passed - -2010; Am. Ord. 4355, passed - -2019)
§ 14.0116   Prohibited Advertising by Elected Officials.
   (a)   The purpose of this Section is to extend prohibitions similar to those that apply to mass mailings to paid advertising by elected officials of the County. Advertising for purposes of this Section is defined to include any paid notice, announcement, broadcast or other paid information placed with newspapers, magazines, radio or television media or other commercial media but shall not include legal notices as required by law or court order.
   (b)   Elected officials of the County are prohibited from using public funds for advertising which includes an elected official’s photograph unless such use of a photograph is required by law and are prohibited from using public funds for advertising which includes an elected official’s name except as provided in this Section. The name of an elected official may be included in advertising related to the governmental programs and activities that are the responsibility of the elected official and shall be limited to the duties and responsibilities of the official. Whenever the name of an elected official is included, the official’s name shall appear only once and the name shall be in the same type font and size as the general text of the advertisement and shall not be set in boldface or otherwise featured. In any radio or television media advertisement, there shall only be one mention of the official’s name and the name of the official shall not be emphasized by volume or otherwise. Further, elected officials are prohibited from using public funds for advertising which includes an elected official’s name during the 60-day period prior to a primary or general election when they are on the ballot unless such advertising is necessary in the performance of their duties and responsibilities. The County will not pay the costs for any advertising which violates this Section and the Auditor/Controller shall not process payment for any such advertising.
(Ord. 3865, passed - -2002)
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