Sierra County Municipal Code Ch. 5.04 Purchasing, Bidding, Surplusing

Prior legislation: Ords. 226, 265, 486, 523, 584, 597, 619, 627, 683.

This chapter is enacted to adopt and/or amend policies and procedures governing purchases of supplies and equipment (pursuant to Cal. Gov’t. Code §§ 25480 and following), contracting for services and supplies (pursuant to Cal. Gov’t. Code §§ 23004(c) and 25207), bidding of public projects (pursuant to Cal. Pub. Cont. Code §§ 20121 et seq.), and acquisition, surplusing, and disposition of vehicles and equipment, both interdepartmentally and to the public. (Ord. 801, eff. 1/14/93)

All purchases and all acquisition of services by contract require prior approval of the Board of Supervisors unless otherwise exempt pursuant to this chapter. Unless a transaction is exempt pursuant to this chapter, Board of Supervisors’ approval is required prior to any purchase or contract obligation. (Ord. 801, eff. 1/14/93)

A. Purchase Order Requirement. The payment for all goods, supplies, vehicles and “variable amount” (contract payments) services (as opposed to fixed rate contracts identified under subsection (B)(4) of this section) are subject to submission and approval of “purchase orders” in a form and content approved by the County Auditor. The county shall not pay for goods, supplies, services or contracts without submission of a purchase order to the Auditor unless specifically exempted pursuant to subsection (B) of this section. All purchase orders must be approved by the Board of Supervisors in advance of the requested purchase unless the amount of the purchase is contained in the respective departmental budget and the purchase amount or type is exempt from Board of Supervisor approval pursuant to SCC 5.04.040(A) or the payment is requested pursuant to a contract previously approved by the Board of Supervisors.

B. Purchase Order Exemption. The following payments shall not require purchase orders, unless otherwise specified by the County Auditor at his discretion. Documentation for “exempt purchases” shall be as specified by the County Auditor.

1. Interdepartmental charges and transfers;

2. Payments for district utilities;

3. Payments out of funds not under the jurisdiction of the Board of Supervisors;

4. Payments specified in contracts duly adopted by the Board of Supervisors which contain a fixed rate of payment;

5. Telecommunications;

6. Service area waste disposal;

7. Solid waste fees;

8. Any purchases determined to be exempt by the Auditor.

C. Submission of Purchase Orders. Except as set forth in subsection (D) of this section, all purchase orders must be submitted to the Auditor’s office after approval of the Board of Supervisors, if required, and after the purchase is made or service is rendered, accompanied by proof that the goods or supplies have been delivered to the county or the services have been rendered, as the case pertains.

D. Advance Purchase Orders. Within the limits of the appropriate budget item, the Auditor may authorize the approval and payment of advance purchase orders for amounts not to exceed $500.00 for payment to governmental agencies and $300.00 for nongovernmental persons and entities. This section does not pertain to the approval and payment of advance warrants for travel.

E. Travel Advances. Travel advances will be made pursuant to the county travel policy as adopted by resolution, which resolution may from time to time be amended. (Ord. 801, eff. 1/14/93)

A. Purchases of Goods and Equipment Under $7500. Within the limits of the appropriate budget item, department heads may purchase “goods” including supplies and equipment for their departments in amounts of $7,500 or less without prior Board of Supervisors approval. “Goods” do not include “fixed assets” costing in excess of $7,500, which are governed under SCC 5.04.080.

B. Purchase of Goods in Excess of $7,500. Any purchase in excess of $7,500 shall be approved by the Board of Supervisors in advance.

Except where competitive bidding is required by statute, the Board of Supervisors may determine the form and procedure for purchases. If the Board determines that a formal bid procedure will likely result in a lower net cost to the county, then the bid procedures set forth in SCC 5.04.130 et seq., shall be followed.

C. Purchase of Goods through State Department of General Services. The Board of Supervisors by resolution may authorize designated county employees to purchase supplies and equipment as needed for and on behalf of Sierra County from the state of California, Department of General Services, Office of Procurement. This includes purchases from the “Cooperative Purchasing” program, surplus property program, and other related programs administered by the State Department of General Services.

When purchases are made through the “Cooperative Purchasing” program, formal and informal bid procedures need not be followed as the state of California, as part of the program, has provided compliance with bidding and purchasing procedures required by law. (Ord. 993, eff. 12/20/07; Ord. 801, eff. 1/14/93)

Annually, the Board of Supervisors shall advertise for bids for purchase of supplies pursuant to Cal. Gov’t Code §§ 25480 and following. (Ord. 801, eff. 1/14/93)

Each county department shall annually be allowed to expend up to $500.00 for the purchase of meals for county staff, volunteers, and officials of other public entities which are incurred in support of the conduct of county business. Payment shall be by direct payment or by reimbursement to the department head or his/her authorized subordinate, upon submission of a purchase order together with an appropriate receipt to the County Auditor. In no event shall any department head expend more than $500.00 for the purchase of meals during any fiscal year without obtaining further authorization from the Board of Supervisors.

It is not the intent of this section to supersede the existing county travel policy adopted by resolution of the Board of Supervisors and there is no change to policies governing reimbursement provisions for meals purchased for county employees during business conducted outside of the County. Further, this section does not authorize the purchase of meals for county employees that are attending scheduled in-county trainings, committee meetings, or other like business meetings. Exceptions to this prohibition would include meals authorized by a department manager for food or refreshments for bona fide emergency situations (disaster response, search and rescue, or other like emergency event); for purchase of refreshments served at county-sponsored training meetings; or for refreshments or meals for county employees requested by the Board of Supervisors to attend county-sponsored conferences, business meetings, or other like events held in the County with organizations such as RCRC, CSAC, Sierra Nevada Conservancy, Trindel, or other like business organization that is hosted by and/or sponsored by the County Board of Supervisors.

Nothing in this section precludes a county department manager from requesting from the Board of Supervisors in advance of any planned or scheduled county sponsored meeting, conference, or other business activity, the ability and authorization to reimburse county employees or attendees for the cost of meals associated with a county-sponsored event whether held inside or outside of the county. (Ord. 1078, eff. 3/9/17; Ord. 926, eff. 11/15/01)

A. Vehicle Acquisition. Vehicles may only be purchased if the vehicle purchase price, including all applicable tax, license, fees, dealer preparation and delivery charges, is included in the fixed assets portion of the budget for the department requesting the purchase of a vehicle or vehicles and the purchase is specifically authorized, in advance of the purchase, by action of the Board of Supervisors. Such purchases shall only be approved if competitive bidding procedures are followed. Unless other specific requirements are established by the Board, informal bid procedures set forth in SCC 5.04.130 shall be followed. Informal bid procedures are waived for any vehicle purchase which is made pursuant to a federal or state of California government qualified acquisition program which has been established subject to federal or state bidding standards.

B. Title to Vehicles and Inventory. The title to vehicles shall be held in the name of “Sierra County.” Any and all original documents of title shall be held by the County Treasurer. Original acquisition documents shall be maintained by the department which acquires the vehicles. The Auditor shall maintain an inventory of all county vehicles.

C. Vehicle Surplusing. Individual county departments wishing to dispose of vehicles shall provide written notice to the Board of Supervisors indicating that a specific vehicle(s) is recommended for surplus. The Board of Supervisors, after consideration of this written notice and after finding that the vehicle(s) is no longer required for use by the subject department, may declare the vehicle as surplus. County vehicles may be declared surplus property only after such declaration is made by action of the Board of Supervisors.

D. Storage. The County Director of Public Works shall be responsible for the storage of surplus county vehicles. The County Director of Public Works shall obtain from the originating department current and complete files on all county vehicles which have been declared surplus and county departments shall turn over all records requested by the County Director of Public Works which may be necessary to maintain accurate information on the surplus county vehicles approved by the Board of Supervisors.

E. Disposition.

1. Interdepartmental Transfer. Any department requesting a surplus county vehicle shall make such request in writing to the Director of Public Works after the vehicle desired has been declared surplus. The Director of Public Works may make a determination of a proposed disposition for interdepartmental transfer of vehicles based upon his perception of need and relative priorities for vehicle use.

Not less than 10 days prior to a proposed interdepartmental transfer of any vehicle, the Director of Public Works shall give notice to all department managers of such proposed transfer. Within 10 days after such 10-day notice, the Director of Public Works or the requesting department shall place the proposed transfer on the Board of Supervisors Consent Agenda for approval. No interdepartmental transfer shall be made without the approval of the Board of Supervisors.

2. Public Sales. In the event that vehicles are in the surplus pool and either not requested or not approved for interdepartmental transfer, said vehicles shall periodically be offered for sale pursuant to the following procedures.

a. Preparation of Bid List: The Director of Public Works shall prepare a “bid list” identifying the type of vehicle, the date of manufacture by year, the license number, a proposed minimum bid, and other such information as deemed necessary by the Board of Supervisors.

b. Approval by Board of Supervisors: The Director of Public Works shall submit the bid list to the Board of Supervisors for approval (or modification) and for authorization to solicit sealed bids or to hold a public auction.

c. Advertising for Sale: Subsequent to receiving Board approval of the bid list, the Director of Public Works shall advertise for solicitation of bid upon the approved bid list as he deems appropriate, but not less than once in at least one newspaper of general circulation in the county. Such advertisement shall contain the bid list information (item A above), and a date for final submission of sealed bids or the date, time and location of the public auction.

d. Director of Public Works to Authorize Sales to Highest Qualified Bidders: The Director of Public Works or his designated representative shall authorize sales to the highest qualified bidders in the sealed bid sale or public auction.

e. Unsold Surplus Vehicles: The Board of Supervisors may authorize the Director of Public Works to sell any unsold vehicles which have been advertised for sale but for which no qualifying bid was received, in any commercially reasonable manner at a price not less than 75 percent of the minimum bid price approved by the Board of Supervisors pursuant to subsection (E)(2)(b) of this section.

f. Condition of Sale: All vehicles shall be sold “AS IS” with no warranty, express or implied as to condition or fitness for any particular purpose. Obligations for smog certification, transfer fees and licensure transfer fees shall be the responsibility of buyer. The foregoing shall be contained in a bill of sale signed by buyer and county. The Treasurer and/or Auditor are authorized to sign the “pink slips” or other documents of title conveying the vehicle to the buyer.

3. Transfer and Sale of Surplus Vehicles to Special Districts. As an alternative to the public sale of any surplus vehicle pursuant to subsection (E)(2) of this section, in the event that vehicles are in the surplus pool and either not requested or not approved for interdepartmental transfer, said vehicles may be offered to sale, at nominal cost, to any special district within Sierra County. In the event that any such vehicle is not purchased by a special district within the county, the Director of Public Works is authorized to sell any such vehicle to a special district in a neighboring county within the state of California, at the lowest blue book value or at such other price as the Director feels is reasonable and appropriate taking into consideration the age and condition of the vehicle. If any vehicle is may sell any such vehicle to any special district in neighboring county within the state of California for such value as the Director may then deem appropriate.

4. Sales to Human Services Program Participants. Notwithstanding subsection (B) of this section, upon request from the Director of the Department of Human Services, the Director of the Department of Public Works, as the county official in charge of disposing of surplus vehicles, shall allow persons that are certified by the Director of the Department of Human Services as being eligible Cal Works, Welfare-to-Work or General Assistance program participants, to purchase surplus vehicles from the county, without submitting the vehicle to public bidding under subsection (B) of this section. Any such purchase shall be at the price established by the Board of Supervisors in the resolution declaring the vehicle surplus. The list of eligible program participants shall be transmitted by the Director of the Department of Human Services to the Director of the Department of Public Works as may from time to time be necessary to reflect eligibility of program participants that wish to participate in the purchase of surplus county vehicles. Any eligible program participant shall be allowed to purchase a surplus vehicle under this policy at any time prior to the vehicle being sold at public auction. Purchase shall be for cash and shall be on an “as is” basis. In purchasing a surplus county vehicle as allowed under this chapter, the identity of the program participant making the purchase will be a matter of public record and the participant will be deemed to have waived any confidentiality pertaining to participation in this particular program that may otherwise be provided by law. The Director of the Department of Human Services, or his/her designee, shall advise any program participant desiring to have his or her name certified as being eligible to purchase a surplus vehicle, pursuant to this chapter, that certification of his or her eligibility thereunder will constitute a waiver of any rights of confidentiality that may exist pertaining to their participation in the Human Services Programs.

5. Trade-In of Surplus Vehicles to Special Districts. This section is intended to provide an alternative to the procedures specified by this code for the disposal of surplus county vehicles, including but not limited to road graders, tractors and other heavy equipment used by the County Department of Transportation. Upon the recommendation of the Director of the Department of Transportation, the Board may authorize any county vehicle to be traded in to a vendor as part of the purchase of a new vehicle. The Director of the Department of Transportation shall negotiate an appropriate trade-in value based on the value of the vehicle being traded in based on such pricing guidelines and other information as may then be available.

F. Suspension of Procedures for Sale of Surplus Vehicles. Subsections (C), (D) and (E) of this section regarding procedures for vehicle surplusing shall be suspended for a period of 12 months (from July 1, 2012, to June 30, 2013) and the Director of Public Works is authorized and directed to dispose of vehicles declared by the Board of Supervisors to be surplus as follows:

Without otherwise complying with the provisions of Chapter 5.04 SCC, the Director shall publish a list of vehicles declared surplus in The Mountain Messenger and stating that the Director shall entertain offers to purchase and is authorized to sell for such price as the Director determines is reasonable and in the public interest, any of the surplus vehicles. (Ord. 1040, eff. 8/16/12; Ord. 991, eff. 8/2/07; Ord. 923, eff. 10/18/01; Ord. 920, eff. 8/2/01; Ord. 901, eff. 5/4/00; Ord. 812, eff. 2/12/94; Ord. 801, eff. 1/14/93)

Any damage or destruction of county-owned vehicles shall be reported to the Risk Manager in the form of a completed incident report as prescribed by the Risk Manager, together with photographs showing the damage, within 24 hours of the damage. (Ord. 801, eff. 1/14/93)

A. Definition of Fixed Asset. “Fixed assets” are defined as those assets which have a cost in excess of $7,500 and a useful life of three years as determined by the Sierra County Auditor.

B. Prior Approval. Fixed assets may only be purchased with prior approval of the Board of Supervisors. (Ord. 993, eff. 12/20/07; Ord. 905, eff. 7/20/00; Ord. 801, eff. 1/14/93)

A. Services Defined. “Services” means and includes the performance of a task involving utilization of personnel who are either employees of the county or retained by contract.

B. When Service Contract May Be Utilized. Services which the county cannot provide, either because of workload capacity or lack of specialized expertise may be provided through a service contract under the following conditions:

1. The contractor is a legal entity or the contractor is one who meets the basic requirement to enter into an independent contractor relationship, including a majority of the following criteria:

a. Possesses licensure;

b. Possesses advanced academic and/or professional degrees;

c. Operates an independent business including clients other than the county;

d. Routinely provides services on an independent contractor fee for services basis;

e. Provides own equipment, supplies, personnel;

f. Works primarily without supervision as to time, manner and methods utilized to perform services;

g. Maintains own liability insurance;

h. Maintains own workers’ compensation insurance policy or has no employees;

i. Maintains own books and records;

j. Files own payroll, and state and federal income tax returns applicable to service income and expenses;

k. Routinely bills for services;

l. Willing to enter into “Independent Contractor Agreement” waiving or excluding “employee” benefits.

2. There is an adequate budget appropriation in the department for which the services are sought.

3. The contract is duly approved by the Board of Supervisors.

C. When Contract Is Required. A contract for services is required in the following instances:

1. The entity or person to provide the services meets the criteria set forth in subsection (B)(1) of this section.

2. The work cannot readily be performed by existing county employees.

3. The services to be provided involve work of a value in excess of $7,500 on a fiscal year basis from any Contractor. Services costing $7,500 or less may be contracted for by use of a purchase order and shall include terms and conditions as may be required by the Auditor. Auditor shall have the authority to reject the use of a purchase order when in his or her judgment a more detailed contract is required to serve the interest to the county.

D. Contract Requirement Exclusions.

1. Vehicle maintenance and repair;

2. Routine plant maintenance and repair;

3. Bona fide emergency which requires immediate action for the preservation of health or safety;

4. Court ordered services (Conflict Public Defenders, Court Reporters, Investigators, jury/witness fees, experts).

E. Competitive Bidding.

1. Informal Bidding Required. Informal competitive bidding shall be required, unless otherwise exempt pursuant to subsection (E)(2) of this section, for any service contract, the payments pursuant to which exceed $5,000.

2. Exemptions.

a. Professional Services. Competitive bidding is not required unless so directed by the Board of Supervisors for any contract for services which requires a high degree of professional training, skill and use of independent judgment including medical, legal, auditing, accounting, financial advisors, architectural, engineering, survey, scientific consultation, environmental or historical review and evaluation.

b. Equipment Maintenance and Repairs. Competitive bidding is not required unless so directed by the Board of Supervisors for equipment maintenance or repairs, or the purchase of parts or materials for such purpose.

c. Miscellaneous Identified Services. Competitive bidding is not required unless so directed by the Board of Supervisors for contracts to print legal briefs or legal notices, contracts for reporters’ services or transcripts, contracts for election supplies, contracts for expert services to be rendered the offices of the District Attorney or Sheriff, contracts for Appraisers’ services, contracts for consultants and other experts employed directly by the Board of Supervisors, or contracts for other services which by law some other officer or body is specifically charged with obtaining.

d. Specific Findings. Competitive bidding may be waived if the Board of Supervisors finds that the cost of preparing bid specifications for contract projects for which competitive bidding is not otherwise required by law would significantly increase the cost to the public of providing the subject service and accordingly the requirement of formal bidding procedures for such contracts is waived.

e. Exemption Provided by Law. Competitive bidding may be waived for any contractual arrangement that is specifically made exempt by statutes or county ordinances.

F. Advertising for Services. Other than as exempted pursuant to subsection (E)(2) of this section, all contracts over the value of $1,000 shall be advertised not less than one time in a newspaper of general circulation in the county. (Ord. 993, eff. 12/20/07; Ord. 910, eff. 8/17/00; Ord. 801, eff. 1/14/93)

Public projects as defined in Cal. Pub. Cont. Code § 20150.2 shall be undertaken pursuant to the Local Agency Public Construction Act contained in the California Public Contract Code, Division 2, Part 3, Chapter 1, Articles 3.0 and 3.5 (commencing with Cal. Pub. Cont. Code §§ 20120 and 20150, respectively), or in accordance with procedures and standards adopted pursuant to the California Uniform Public Construction Cost Accounting Act as defined by Cal. Pub. Cont. Code §§ 22000 through 22003. (Ord. 1056, eff. 3/19/15; Ord. 801, eff. 1/14/93)

County highway projects shall be performed pursuant to the California Streets and Highways Code, Division 2, Chapter 4, Article 1 (commencing with Cal. Sts. & High. Code § 1070). (Ord. 801, eff. 1/14/93)

Payments for periodic and routine utility and fuel charges may be authorized by department heads without the required approvals by SCC 5.04.040(B); provided, that purchases are within the limits of the appropriated budget item. (Ord. 801, eff. 1/14/93)

A. Procedural Steps. “Informal” bidding procedure consists of:

1. Obtaining not less than three written quotations (defined below) from three independent vendors, respectively.

2. If the subject purchase is made, the lowest cost quotation must be selected unless the Board of Supervisors approves a higher quotation upon specific findings of the reasons why the lowest quotation was not selected and a finding that the interests of the public would be best served by selecting a quotation other than the lowest quotation. All quotations may be rejected, but the purchase may not be made unless the informal quotation process is repeated or formally waived by the Board upon specific findings supported by objective facts concluding that the interests of the public would be better served by a “negotiated” purchase without accepting the bid or a lowest quotation.

B. “Quotation” or Informal Bid. To qualify as bona fide quotations, the vendor submitting the quotation must be ready, willing and able to supply the object of the quotation (goods, services, supplies, vehicles, etc.) according to the terms and conditions of the quotation and in a commercially reasonable manner.

C. Failure to Meet Quoted Price. A purchase authorized following required informal bid may not be consummated unless it is made on the price, terms and conditions set forth in the quotation and so approved.

D. De Minimis Deviations Approved by Auditor. In the event that a purchase cannot be consummated without an increase in price or change in terms, and such change varies, in the opinion of the Auditor, by less than two percent of the value of the approved purchase, the change in price or terms is not considered “material,” and if budget funds are available, and if no budget transfer is required, the purchase may be completed upon the Auditor’s written authorization.

E. Violation of Bid Procedure. In the event that a department manager, officer or employee makes or authorizes a purchase in violation of this chapter, and such purchase is not ratified by the Board of Supervisors, the subject department manager, officer or Board member shall be liable for the difference in cost between the price and terms the subject item could be purchased by the county and the price and terms of the unauthorized purchase.

F. Informal Bid Procedures under the Uniform Public Construction Cost Accounting Act.

1. Informal Bid Procedures.

a. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Cal. Pub. Cont. Code § 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

b. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids may be transmitted to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection (A) of this section and shall be transmitted to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Cal. Pub. Cont. Code § 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids; provided, however, the notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

i. If there is no list of qualified contractors maintained by the county 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.

ii. 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.

c. Award of Contracts.

i. The County Director of Public Works is authorized to award informal contracts pursuant to this section.

ii. If all bids received are in excess of $220,000, the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at $235,000 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. (Ord. 1134 § 1, eff. 4/17/25; Ord. 1056, eff. 3/19/15; Ord. 801, eff. 1/14/93)

A. Applicability. All purchases or services acquisition required by law or by action of the Board of Supervisors shall comply with the following formal bid procedure (provisions subsections (B) through (C)).

B. Bid Specifications and Documents. Formal bid procedure requires the preparation and advance approval by the Board of Supervisors of bidding documents including specification, conditions and contracts.

C. Notice. A notice inviting sealed bids shall be published at least twice in a newspaper of general circulation not less than five days apart, with the first publication completed not less than 10 days before the bid deadline. The notice shall describe the project, state where bid documents are to be obtained and filed, and the bid deadline.

D. Determination of Bids. In its discretion, the Board of Supervisors shall follow any of the following alternatives after the opening of bids:

1. The Board shall accept the lowest responsible bid.

2. The Board shall reject all bids. After such rejection, supplies and equipment may be purchased at a lower cost than the lowest responsible bid without further compliance with this chapter. After such rejection, work on public projects shall not be undertaken without compliance with one of the following procedures:

a. Bids shall again be solicited pursuant to this chapter. After such rebidding, the Board shall accept the lowest responsible bid or shall reject all bids; and thereafter

b. The Board shall reevaluate the cost estimates of the project and pass a resolution by a four-fifths vote declaring that the project can be performed more economically by county personnel, or that a contract to perform the project can be negotiated at a lower price than in any of the bids, or that the materials and supplies involved in the public project can be furnished at a lower price in the open market. Upon adoption of the resolution, the Board shall have the project done in the manner stated without further compliance with this chapter.

3. If no bids are received by the bid deadline, supplies and equipment may be purchased and work on public projects may be performed without further compliance with this chapter.

E. Bonding and Insurance Requirements for Public Works Projects under Certain Circumstances.

1. Purpose. It is the purpose and intent of this chapter to make the bid and performance bonding requirements for public works projects more accessible and affordable to local contractors, while providing a reasonable level of protection and security during the construction of small public works projects.

2. Covered Territory. The regulations contained in this chapter shall apply to all projects within Sierra County.

3. Bonding Requirements for Contracts under $25,000. On any “public works project” which is subject to the provisions of the Public Contracts Code, where the bids are less than $25,000, the performance bond and labor and materialmen bond shall each be in the amount to 50 percent of the value of the contract; provided, however, that the Board of Supervisors may waive all bonds where the Board finds that it would be in the public interest to do so.

A bidder’s bond shall be executed by an admitted surety insurer, made payable to Sierra County, for all projects in excess of $25,000.

Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the county beyond 60 days from the time the award is made.

4. Insurance Requirements for Contracts under $25,000. The county shall require a policy of business insurance covering liability for all work on public works contracts in the amount of not less than $250,000. For projects greater than $25,000 or where specific circumstances indicate a need for higher amounts of insurance, the county shall have the absolute right to set a higher amount as a condition to the award of a public works contract.

F. Formal Bid Protest Procedures.

1. Bid Protest. A bid protest may be filed to protest any bid submitted pursuant to this section (Formal bid procedures). Such protests must be timely filed with the County Clerk. All bid protests must be in writing and received by the County Clerk before 5:00 p.m. no later than five working days following bid opening (the “bid protest deadline”). For purposes of this section a “working day” means a day that the County is open for normal business, and excludes weekends and holidays observed by the County. The County Clerk shall transmit a copy of the timely filed bid protest to the issuing department.

2. General. Only a bidder who has actually submitted a timely bid proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required, the protesting bidder must submit a nonrefundable fee in the amount of $500.00 based upon reasonable costs to administer the bid protest. Any such fee must be submitted to the County Clerk no later than the bid protest deadline, unless otherwise specified.

3. Protest Contents. The bid protest must contain a complete statement of the basis for the protest, all supporting documentation and a statement of compliance with subsection (F)(4) of this section, Copy to Protested Bidder. Material submitted after the bid protest deadline will not be considered. The protest must refer to the specific portion or portions of the contract documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. Incomplete bid protests will be rejected unless corrected before the bid protest deadline.

4. Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the bid protest deadline, to all submitting bidders in addition to the protested bidder.

5. Response to Protest. The protested bidder may submit a written response to the protest provided the response is received by the County before 5:00 p.m., within five working days after the bid protest deadline or after actual receipt of the bid protest, whichever is sooner (the “response deadline”). The response must include all supporting documentation. Material submitted after the response deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

6. Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the bid response deadline, to all bidders in addition to the protesting bidder.

7. Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and constitute the sole and exclusive remedy for alleged bidding irregularities and alleged failure of qualification of a bidding party. A bidding party’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code claim or initiation of legal proceedings to challenge the award of a bid.

8. Hearing. The Board of Supervisors shall conduct a hearing at a regular or special meeting of the Board within 20 days of receipt of the bid protest by the County Clerk and shall issue a ruling within five days of the hearing regarding said bid protest.

9. Right to Award. The Board of Supervisors reserves the right to award the contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a “notice to award” following the hearing conducted pursuant to subsection (F)(8) of this section, notwithstanding any pending or continuing challenge to its determination. The Board shall refer to the relevant department following the hearing for further procedures.

10. Bid Package. The procedure established in this section shall be a prominent part of the bid package issued by the County of Sierra on all formal bidding projects. (Ord. 1106, eff. 11/18/21; Ord. 870, eff. 10/15/98; Ord. 801, eff. 1/14/93)

No county supplies or equipment shall be surplused without the prior approval of the Board of Supervisors.

A. Surplusing. Individual county departments shall, when circumstances warrant, provide written notice to the Board of Supervisors indicating that specific goods are recommended for surplus. The Board of Supervisors, after consideration of this written notice and after finding that the goods are no longer required for use by the subject department, may declare the goods as surplus. County property may be declared surplus property only after such declaration is made by minute order of the Board of Supervisors.

B. Storage. The County Director of Public Works shall be responsible for the storage of surplus county property. The County Director of Public Works shall maintain current and complete files on all county property which has been declared surplus and county departments shall turn over all records requested by the County Director of Public Works which may be necessary to maintain accurate information on the surplus county property approved by the Board of Supervisors.

C. Disposition.

1. Interdepartmental Transfer. Any department requesting surplus county property shall make such request in writing to the Director of Public Works. The Director of Public Works may make a determination of a proposed disposition for interdepartmental transfer of property based upon his perception of need and relative priorities for surplus property use. Not less than 10 days prior to a proposed interdepartmental transfer of any property, the Director of Public Works shall give notice to all department managers of such proposed transfer. Within 10 days after such 10-day notice, the Director of Public Works or the requesting department shall place the proposed transfer on the Board of Supervisors consent agenda for approval. No interdepartmental transfer shall be made without the approval of the Board of Supervisors.

2. Public Sales. In the event that property is in the surplus pool and either not requested or not approved for interdepartmental transfer, said property shall periodically be offered for sale pursuant to the following procedures.

a. Preparation of Bid List. The Director of Public Works shall prepare a “bid list” identifying the type of property and a proposed minimum bid.

b. Approval by Board of Supervisors. The Director of Public Works shall submit the bid list to the Board of Supervisors for approval (or modification) and for authorization to solicit sealed bids or to hold a public auction.

c. Advertising for Sale. Subsequent to receiving Board approval of the bid list, the Director of Public Works shall advertise for solicitation of bid upon the approved bid list as he deems appropriate, but not less than once in at least one newspaper of general circulation in the county. Such advertisement shall contain the bid list information (subsection (2)(a) of this subsection), and a date for final submission of sealed bids or the date, time and location of the public auction.

d. Director of Public Works to Authorize Sales to Highest Qualified Bidders. The Director of Public Works or his designated representative shall authorize sales to the highest qualified bidders in the sealed bid sale or public auction.

D. Suspension of Procedures for Sale of Surplus Equipment. Subsections (A), (B) and (C) of this section regarding procedures for selling surplus equipment shall be suspended for a period of 12 months (from July 1, 2012, to June 30, 2012) and the county is authorized and directed to dispose of any equipment or furniture owned by the county that is obsolete and/or no longer needed by the county (referred herein as “surplus equipment”) by offering for sale such equipment to the public on such basis as the involved department head deems reasonable and in the public interest. Any such sale shall be preceded by publication of a notice of sale of surplus equipment, not less than 10 days prior to the offering of the equipment for sale, generally describing the nature of the type of equipment available for sale. In the event that any department head finds that it is unable to sell any surplus equipment, the department head may, with the concurrence of the County Auditor, offer to donate any such equipment as follows: first to any other public entity in Sierra County; second to any nonprofit organization operating in Sierra County; and third failing to dispose of any equipment per above, to any other interested person (excepting county employees). (Ord. 1040, eff. 8/16/12; Ord. 812, eff. 2/12/94; Ord. 801, eff. 1/14/93)

No county official, county employee, or their spouses shall be permitted to bid or purchase at any county surplus, Sheriff, or tax sale.

A. Suspension of County Employees and Spouses Prohibited from Bidding. This subsection (A) of this section, prohibiting county employees and spouses from purchasing surplus equipment, shall be suspended for a period of 12 months (July 1, 2012, to June 30, 2013) and during said 12-month period, county employees and spouses (but not county officers) shall be allowed to purchase any surplus vehicles or equipment; provided, however, that the equipment or vehicle is surplused from a department other than the department the employee works for. (Ord. 1040, eff. 8/16/12; Ord. 801, eff. 1/14/93)

Pursuant to Cal. Gov’t. Code § 29121, any department manager or member of the Board of Supervisors who knowingly makes any expenditure in violation of this chapter or incurs or pays any obligation in excess of the unencumbered balance of the amounts authorized in the budget appropriations is liable therefor personally and upon his official bond. All county department managers are presumed to know the contents of this chapter and the status of their own budget. (Ord. 801, eff. 1/14/93)

Emergency purchases may be made by an agency when the supplies or equipment so purchased are necessary for the immediate preservation of health, welfare or the preservation of county property in a situation in which following the normal bidding procedures would be reasonably expected to further endanger health, welfare or county property under the jurisdiction and control of the county. Such emergency purchases, where they exceed the amount generally requiring the bidding procedure, shall be submitted to the Board of Supervisors for ratification at the next meeting of the Board after the purchases. (Ord. 801, eff. 1/14/93)

To the extent practical in the rural economic environment, the county shall make reasonable attempts to utilize disadvantaged businesses consistent with state and federal guidelines. (Ord. 801, eff. 1/14/93)