Loading...
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)
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)
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)
(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)
(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)
All County departments when procuring mulch shall procure mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in Title 14 of the California Code of Regulations, Division 7, § 17852(a)(24.5)(A)1 through 3. The mulch is required to be produced at one or more of the following:
(a) A compostable material handling operation or facility as defined in 14 CCR § 17852(a)(12), other than a chipping and grinding operation or facility as defined in 14 CCR § 17852(a)(10), that is permitted or authorized under this division; or
(b) A Transfer/Processing facility or Transfer/Processing operation as defined in 14 CCR §§ 17402(a)(30) and (31), respectively, that is permitted or authorized under this division; or
(c) A Solid Waste landfill as defined in Public Resources Code § 40195.1 that is permitted under Division 2 of Title 27 of the California Code of Regulations.
(Ord. 4434, passed - -2022)