Hemet Municipal Code Div. 3 Purchasing

Footnotes:

--- (16) ---

Editor's note— Ord. No. 1999, § 1, adopted June 14, 2022, repealed former div. 3, §§ 2-326—2-340, and enacted a new div. 3 as set out herein and later amended. Former div. 3 pertained to similar subject matter and derived from Ord. No. 1941, § 1(Exh. A), adopted January 9, 2018.

(a) Purpose and intent. This division is adopted pursuant to Government Code § 54201 et seq. with respect to goods and services, and pursuant to Public Contract Code § 20160 et seq. with respect to public projects, to provide guidance and direction regarding procurement to ensure that the city and its departments will receive high quality products and services at minimum cost to the taxpayer. The policies and procedures contained in this division are not intended to conflict with the Public Contracts Code or any other applicable law governing the solicitation of bids and award of contracts for public projects.

(b) Procurement ethics. All city officers and employees directly or indirectly involved in procurement shall adhere to the following ethical standards:

(1) City officers and employees shall strive to maximize the value of every expenditure of public funds.

(2) City funds and resources shall be used with care and guided by prudent judgment and good business practices.

(3) Public funds shall be spent solely for the benefit of the public and in a manner that is consistent with all applicable federal, state, and local laws, regulations, policies, and procedures.

(4) City officers and employees shall ensure that all procurements are conducted with integrity under the principles of open and fair competition.

(5) All procurements shall be conducted with professional courtesy, impartiality, and objectivity in order to foster respect and public trust.

(6) City officers and employees shall not interfere with the carrying out of the duties and responsibilities of other city officers and employees under this division.

(7) All actual or potential conflicts of interest related to the procurement process shall be reported immediately to the administrative services director or city manager. Actual and perceived conflicts of interest shall be avoided throughout the entire procurement process.

(8) Positive business relationships shall be fostered and maintained through professional, fair, and equal treatment of all vendors and contractors.

(Ord. No. 1999, § 1, 6-14-22; Ord. No. 2027, § 2, 2-27-24)

The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative services director shall mean the director of the finance department for the City of Hemet.

Best value shall mean the expected outcome of a solicitation that in the city's estimation will provide the greatest overall benefit to the city, including price, quality, durability, servicing, delivery time, vendor reputation, standardization, and/or other factors that, in the purchasing officer's judgment, demonstrate overall benefit to the city.

Bid shall mean an offer or proposal submitted by a bidder setting forth the price for the goods, services, or public project to be provided.

Bidder shall mean any individual, firm, entity, partnership, or corporation or combination hereof, submitting a bid.

Change order shall mean a city-issued document used to modify a purchase order to add, delete, or revise the quantity, price or scope of goods, services, or public project being provided.

Competitive procurement shall mean a process involving the solicitation of goods, services, or public projects, under the authority and supervision of the purchasing officer, by formal procurement or informal procurement pursuant to procedures and circumstances intended to foster effective, broad-based competition within the private sector to provide goods, services, or public projects to the city.

Contract shall mean any type of legally recognized agreement to provide goods, services, or a public project, no matter what it may be titled or how described, including executed purchase orders, but does not include any agreement for collective bargaining, utility extensions, subdivision improvements or any agreements whereby an owner of real property or his or her authorized representative agrees to construct improvements of a public nature on property to be dedicated to the city.

Contractor shall mean any party who bids on or enters into a contract with the city for a public project.

Cooperative purchasing shall mean a purchasing method whereby the procurement requirements of two or more governmental entities are combined in order to obtain the benefit of volume procurement or reduction in administrative expenses and may include other agencies who conduct volume procurements on behalf of government agencies.

Department head shall mean the director of a department of the city or that department head's designee.

Electronic bidding system shall mean the electronic program used by the city for bidding that provides a secured platform for the solicitation and submission of bids in compliance with bidding policies and procedures.

Emergency shall mean either:

(1) Regarding public projects, as defined in this division, the meaning provided in Public Contract Code § 1102; or

(2) Regarding all procurement unrelated to public projects, a safety condition or situation which makes bidding procedures, either formal or informal, impractical or not in the city's best interests.

Force account shall mean work performed on public projects using internal city resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the city.

Formal bid shall mean a bid submitted in response to a formal procurement.

Formal procurement shall mean competitive procurement by written notice inviting bids, requests for proposals, or request for qualifications.

Goods shall mean supplies, materials, equipment, and other things included within the definition of "goods" in Uniform Commercial Code § 2015.

Informal bid shall mean a bid submitted in response to informal procurement.

Informal procurement shall mean competitive procurement by bid, price quotation, or proposal for any procurement that is conveyed by mail, fax, email or other electronic means, or other written manner that does not require a sealed bid or proposal, public opening, or other formalities.

Lowest responsive bidder means the bidder for goods or services who submits the lowest priced responsive bid in response to the city's invitation or request therefor, after adjustments for qualified local vendors.

Lowest responsible bidder shall mean the bidder for a public project who fully complies with all bid requirements and whose past performance, reputation, and financial capability is deemed acceptable, and who has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents.

Negotiated contract shall mean the procurement of goods, services, and public projects through a negotiation procedure instead of competitive procurement.

Nonprofessional services shall mean services that are not affiliated with a public project that require manual skills rather than specialized skill or professional certification.

Personal property shall include money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debts, and other items of intrinsic value which are not considered by law to be real property, but shall exclude animals.

Procure or procurement shall mean buying, purchasing, renting, leasing or otherwise acquiring or obtaining goods, services, or public projects, and all functions and procedures related thereto, including through use of electronic bidding system.

Professional services shall mean all services that are not affiliated with a public project performed by persons or firms in a professional occupation, including, but not limited to, consulting and performance services for accounting, financial, economic, auditing, redevelopment, computer hardware and software support, engineering, architectural, landscape architectural, planning, environmental, land surveying, construction project management, personnel, social services, animal control, lobbying, grant-writing, legal, management, communication and other similar professional functions.

Purchasing officer shall mean an employee whose responsibility it is to procure all goods, services, and public projects for the city.

Public project shall have the meaning set forth in Public Contract Code § 22002(c), and for purposes of this division, shall include maintenance work as defined in subsection (d) thereto, as allowed by Public Contract Code § 22003.

Qualifying local vendor shall mean a vendor of goods and nonprofessional services that:

(1) Has fixed facilities with employees and a business street address (post office box or residential address shall not suffice to establish a local presence) located within the city limits;

(2) Has a city business license; and

(3) If related to a procurement of goods, all sales tax returns for the goods purchased are reported to the state through a business within the geographic boundaries of the city.

Responsible bidder shall mean a bidder for goods or services who is determined by the city manager, purchasing officer, or department head, as may be applicable, to be responsible based on the following criteria:

(1) Bidder's ability, capacity, and skill;

(2) Bidder's facilities and resources;

(3) Bidder's character and reputation;

(4) Bidder's record of performance with the city; and

(5) Bidder's compliance with laws, regulations, guidelines, and orders governing prior contracts performed by the bidder.

Services shall mean nonprofessional services and professional services.

Surplus personal property shall mean inventory of personal property not needed by the city at the present time or in the foreseeable future, such as obsolete supplies, equipment, and scrap materials that have little or no useful life, not including real property.

Unclaimed property shall mean personal property of others taken into the possession of the police department or left in its possession or turned over to it by a person who found or saved such property, but does not include:

(1) Property subject to confiscation under the laws of the state or of the United States;

(2) Vehicles, the storage, sale, or other disposition of which is governed by the provisions of the Vehicle Code; and

(3) Property held as evidence, dangerous or deadly weapons, narcotics or dangerous drugs, explosives or property of any kind whatsoever, which is prohibited, restricted or outlawed by state or federal statutes, or which has been intentionally abandoned by its owner, based on an objectively reasonable belief supported by facts or evidence that the property has been intentionally abandoned or relinquished.

Vendor shall mean any party who bids on or enters into a contract with the city for goods or services.

(Ord. No. 1999, § 1, 6-14-22; Ord. No. 2027, § 2, 2-27-24)

(a) Requisitions. Department heads shall submit procurement requests to the purchasing officer by standard requisition procedures prior to initiating any procurement and shall identify the type and quantity of goods and/or services required to fulfill the responsibilities of their respective departments. Prior to submitting requisitions, department heads shall ensure that the required goods and services are budgeted.

(b) Method of procurement. Procurement shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the requirements of this division. The procedure to be followed in awarding contracts for goods and services is determined initially by the estimated cost to the city for the goods and/or services, as follows:

(c) Scoring methodology and selection. The purchasing officer shall coordinate with department heads to determine the methodology that will be used to score and/or select bid(s) and shall ensure that informal procurement and formal procurement is used appropriately in accordance with the terms and conditions of this division, including section 2-329 (informal procurement) and section 2-330 (formal procurement).

(d) Form of contract. Procurement valued at $2,500.00 to $35,000.00 may be memorialized by purchase order with standard terms and conditions previously approved by the city attorney. Procurement valued at more than $35,000.00 shall require a written agreement for goods or services and shall be reviewed and approved by the city attorney, and such agreement shall be in addition to and not in lieu of a purchase order. Notwithstanding the foregoing, the city attorney may authorize the use of a purchase order (with no additional written agreement) for procurement of goods or services over $35,000.00 if use of a purchase order would sufficiently protect the city's interest. Blanket purchase orders may be used but shall still comply with the requirements of subsection (e). Procurement valued at under $2,500.00 shall not require a purchase order.

(e) Contract authority.

(1) After a bidder is selected, no services shall be commenced and no goods shall be delivered until a fully-executed contract is obtained in accordance with the following signature requirements:

(2) Notwithstanding any other language in this Code to the contrary, the city manager shall have the approval authority to purchase motor vehicles in an amount not to exceed $75,000.00, using the most efficient procurement procedure available under this division.

(f) Contract administration. Department heads shall supervise the inspection of goods purchased to ensure that the items conform to the quality expectations of the city. It shall be the responsibility of department heads to monitor adherence to the terms and conditions of contracts for services and to provide coded and approved invoices to the finance department for payment in a timely fashion.

(g) Payment. The administrative services director shall be responsible for issuing payments to vendors after receiving properly coded and approved invoices. The administrative services director has a duty to withhold payments to vendors if any of the following are true:

(1) The term of the contract has expired;

(2) The not-to-exceed amount specified by contract has been exceeded; or

(3) The services performed or goods received are outside the scope of the contract.

(h) Written records. Written records for procurement shall be maintained in accordance with the city's retention schedule and shall be made available to the public for inspection. Such records shall include any and all bids and supporting materials, and the business name, address, representative, and telephone number of the vendor, as well as a description of the bid items, including unit quantities where applicable, unit prices or lump sum amount quoted by the vendor, and the date the bid was received.

(Ord. No. 1999, § 1, 6-14-22; Ord. No. 2027, § 2, 2-27-24)

Procurement of goods, professional services, and nonprofessional services of an estimated value of $50,000.00 or less, on an annual basis, may be made pursuant to the procedures in this section.

(1) Informal quotes. At least three informal bids shall be solicited by means of a written or verbal request. Responses to the city's request shall be in writing.

(2) Award. For procurement of goods, the contract shall be awarded to the lowest responsive bidder. For procurement of professional services or nonprofessional services, the contract shall be awarded to the responsible bidder that provides the best value to the city or the lowest responsive bidder, as deemed appropriate by the purchasing officer.

(3) Other requirements not specified. Unless otherwise stated herein in this section 2-329, subsections (d)—(g) in section 2-330 shall apply to informal procurement.

(Ord. No. 1999, § 1, 6-14-22)

Procurement for goods, nonprofessional services, and professional services of an estimated value greater than $50,000.00, on an annual basis, shall be made pursuant to the procedure prescribed in this section.

(1) Goods and nonprofessional services. Goods and nonprofessional services shall be procured in accordance with the following:

a. Bid notice. Notices inviting bids shall include a general description of the goods to be purchased or the nonprofessional services to be performed and shall state where and when bid packages may be secured and the time and place of the bid opening. If bidder's security is required, as set forth in subsection d. below, notices shall state this fact and the type and amount of the security required. If the purchasing officer requires a performance or payment bond, as set forth in subsection f. below, notices shall state the form and amount of the bonds required.

b. Publication and mailing. At least ten calendar days before the opening of bids, a notice inviting bids shall be published in a newspaper of general circulation in the city, or as otherwise permitted by law. Such notice may also be published on the city's electronic bidding system.

c. Bidders' list. The purchasing officer may establish and maintain a list of prospective bidders. It shall not be the responsibility of the purchasing officer to ensure that the list contains current information with respect to the address, service, or product of the prospective bidder. The purchasing officer is authorized to mail or otherwise distribute written invitations for bids directly to the appropriate prospective bidders appearing on the list and to other prospective bidders.

d. Bidder's security. The purchasing officer may require each bid to be accompanied by a bidder's bond, certified or cashier's check, or cash, in an amount not more than ten percent of the total bid. When bid security is required, bidders shall be entitled to return of bid security; however, if a successful bidder refused to or failed to execute the contract within 20 business days after the notice of award has been mailed or otherwise delivered in a written format, unless, and to the extent the city is not responsible for the delay, its bid security shall be deemed forfeited.

e. Bid opening procedures. Formal bids submitted in paper format shall be submitted to the purchasing officer in accordance with the notice inviting bids and shall be identified as a bid on the envelope. Notwithstanding the foregoing, a bidder who submits its formal bid through the electronic bidding system, pursuant to subsection (8), shall not be required to also submit the formal bid in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the bids received shall be available for public inspection after the bids have been opened, indicating the amount bid by the various bidders and the basis for awarding the contract if other than the lowest responsive bidder is awarded the contract. Such list shall be available for at least 30 days after the award has been made.

f. Performance and payment bonds. The purchasing officer may require performance and payment bonds before a contract is awarded for goods or nonprofessional services in such amounts as the purchasing officer shall find reasonably necessary to protect the best interest of the city and to comply with law.

(2) Professional services. Professional services shall be procured in accordance with the following:

a. Bid notice. Notices inviting bids shall include a general description of the professional services to be procured and the time and place for the submission of bids.

b. Publication. Notices inviting bids shall be published on the city's website and/or on the city's electronic bidding system.

c. Bid opening procedures. Formal bids submitted in paper format shall be submitted to the purchasing officer in accordance with the notice inviting bids and shall be identified as a bid on the envelope. Notwithstanding the foregoing, a bidder who submits its formal bid through the electronic bidding system, pursuant to subsection (7), shall not be required to also submit the formal bid in paper format.

(3) Award of contracts. Except as otherwise provided herein, contracts shall be awarded based on the methodology the notice inviting bids stated would be used for evaluation of the bids. Contracts for goods shall be awarded to the lowest responsive bidder. Contracts for professional services and nonprofessional services shall be awarded to the responsible bidder that provides the best value to the city or the lowest responsive bidder, as deemed appropriate by the purchasing officer.

(4) Rejection of bids/cancellation of solicitation. Any and all bids submitted pursuant to this section may be rejected by the city. The city may also cancel any open solicitation of bids when it is in the city's best interest to do so.

(5) Tie bids. If two or more bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for bids, the city may award the bid to either bidder.

(6) Failure to contract. If a successful bidder refuses or fails to execute a contract within 20 days of award, the city may choose not to award the contract and either reject all bids or award the contract to the second place bidder.

(7) Use of electronic means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, the city shall be authorized to use an electronic bidding system, so long as the purpose and intent of applicable state law, this division, and any supplemental rules or regulations are met. In using an electronic bidding system, the city shall provide bidders with an electronic receipt showing the date and time the submitted bid was received.

(Ord. No. 1999, § 1, 6-14-22)

For procurement of goods, professional services, and nonprofessional services, the following situations are not subject to the competitive procurement requirements in sections 2-329 and 2-330:

(1) Emergencies. Upon determining that an emergency exists, city manager may dispense with otherwise applicable competitive procurement procedures and signature authority requirements to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage, up to an amount not to exceed $500,000.00. An emergency procurement will be limited in scope and duration to the extent necessary to satisfy the emergency need. The city manager must report to the council any emergency purchase made and the basis therefor at the next council meeting following the emergency procurement.

(2) Small value procurement. Competitive procurement shall not be required when the value of the goods, professional services, or nonprofessional services is equal to or less than $5,000.00.

(3) Sole source. Procurement may be made or contract awarded without a competitive procurement process when there is only one reasonable and practicable source for the required goods or services because of the unique quality of the goods or services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the procurement policies and procedures and be recommended for approval by the purchasing officer.

(4) Piggyback. Procurement may be made or contract awarded without a competitive procurement process when the purchasing officer determines that competitive procurement has been conducted by another public agency and the price to the city is equal or better than the price to that public agency.

(5) Cooperative purchasing. Procurement may be made or contract awarded without a competitive procurement process when the purchasing officer determines that goods or services may be obtained through cooperative purchasing. Nothing in this subsection shall prohibit the purchasing officer from obtaining bids for the purpose of determining whether the cooperative purchasing price is the lowest price or greatest value to the city.

(6) Purchases not supported by competitive bidding process. Except where otherwise required by law or by applicable funding conditions, goods and services may be procured without a competitive procurement process for procurements which are not readily adaptable to the open market and bidding processes. Such procurements include but are not limited to:

a. Utility services (telephone, gas, water, sewer and electricity) provided to city buildings and facilities;

b. Franchises awarded by the council;

c. Insurance or bond premiums; and

d. Subscriptions, memberships, software licenses, and advertisements.

(7) No bids received. Procurement may be made or contract awarded without a competitive procurement process when no bids are received pursuant to sections 3-329 and 2-330.

(8) Council waiver. Notwithstanding any provisions of this division, council may waive procurement requirements for goods and services by a four-fifths vote upon making written findings that it is in the city's best interest to do so.

(Ord. No. 1999, § 1, 6-14-22)

The city has established a local vendor preference program to be applied in the procurement of goods and nonprofessional services. The adjustment to a formal bid or informal bid provided by a qualifying local vendor shall be implemented according to the following:

(1) Preference. Preference shall be given to vendors that submit a written statement in their bid requesting to be considered a qualifying local vendor and certifying that they meet the criteria in the definition of qualifying local vendor set forth in section 2-327.

(2) False certifications. False certifications shall be immediate grounds for rejection of any bid or if the contract is awarded, grounds for voiding the bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the bid being considered by the city without any adjustment for the vendor as described in subsection (c) below.

(3) Application of local vendor preference.

a. If the award criteria is lowest responsive bidder, a qualified local vendor shall be given a five percent reduction in price.

b. If the award criteria is best value to the city, the city shall include criteria that gives qualifying local vendors preference in the evaluation process. The equivalent of a five percent preference will be added to the final evaluated score of each qualifying local vendor. If the five percent preference causes a qualifying local vendor to have the best overall score, the qualifying local vendor may be deemed the vendor that provides the best value to the city, provided, said qualifying local vendor must elect to reduce the price portion of its submission to match the price portion of the lowest bid.

(Ord. No. 1999, § 1, 6-14-22)

By resolution adopted pursuant to Public Contract Code § 22003, the city council has elected to have the city be subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000—22045) (the "Act"). As such, the city is subject to the procedures set forth in article 2 (commencing with section 22010) of the Act, may utilize the bidding procedures set forth in article 3 (commencing with section 22030) of the Act when contracting for all public projects, including maintenance. The purpose of this division is to supplement the Act. Nothing in this division shall be construed in a manner that conflicts with the Act. Procurement for public projects shall be made pursuant to the procedure prescribed in this section and in accordance with the Public Contract Code.

(1) No competitive procurement. Public projects of $50,000.00 or less may be performed by force account or negotiated contract.

(2) Informal procurement. Public projects which are in accordance with the limits established in Public Contract Code § 22032(b) may be procured pursuant to informal procurement as follows:

a. Contractors list. The procurement officer shall maintain a list of contractors, identified according to categories of work. Such list shall be maintained in accordance with Public Contract Code § 22043, together with any criteria promulgated from time to time.

b. Bid notice. At least ten calendar days before bids are due, a notice inviting bids shall be mailed, faxed, or emailed to all contractors on the list for the category of work being bid and to all construction trade journals specified pursuant to the requirements of Public Contract Code § 22036. Notwithstanding the foregoing:

1. The purchasing officer may elect to notify additional contractors and trade journals.

2. If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.

3. 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 bids may be sent exclusively to those contractor(s).

4. If all bids for public projects are in excess of the monetary limits provided in Public Contract Code § 22034(d), then the city council may award the contract consistent with Public Contract Code § 22034(d).

c. Bidder's security. The notice inviting bids shall state that a payment bond is required from the successful bidder in an amount not less than 100 percent of the total amount payable pursuant to the public project contract. The payment bond shall be in a form of a bond and not a deposit or other security in lieu of a bond.

(3) Formal procurement. Unless otherwise provided by the Public Contract Code, the following procedures shall apply to procurement for public projects:

a. Bid notice. Notices inviting bids shall include a distinct description of the public project to be performed and shall state where and when bid packages may be secured and the time and place of the bid opening.

b. Publication and mailing. Notice inviting bids shall be published at least 14 calendar days before the opening of bids in a newspaper of general circulation in the city or as otherwise permitted by law through the city's electronic bidding system, pursuant to Public Contract Code § 22037. Notices may also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in the Public Contract Code § 22036, at least 15 calendar days before bid opening.

c. Bidder's security. The notice inviting bids shall state that a payment bond is required from the successful bidder in an amount not less than 100 percent of the total amount payable pursuant to the public project contract. The payment bond shall be in a form of a bond and not a deposit or other security in lieu of a bond.

d. Bid opening procedures. Formal bids shall be submitted to the purchasing officer in accordance with the notice inviting bids and shall be identified as a bid on the envelope when submitted in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the bids received shall be available for public inspection after the bids have been opened, indicating the amount bid by the various bidders and the basis for awarding the contract if other than the lowest responsive bidder is awarded the contract. Such list shall be available for at least 30 days after the award has been made.

(4) Award of contracts. The department head or purchasing officer, as may be applicable, shall award a contract for a public project to the lowest responsible bidder.

(5) Rejection of bids/cancellation of solicitation. Any and all bids submitted pursuant to this section may be rejected by the city. The city may also cancel any open solicitation of bids when it is in the city's best interest to do so.

(6) Tie bids. If two or more bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for bids, the city may award the bid to either bidder.

(7) Failure to contract. If a successful bidder refuses or fails to execute a contract within ten days of award, the city may choose not to award the contract and either reject all bids or award the contract to the second place bidder.

(8) Use of electronic means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, and pursuant to the authority granted by Public Contract Code §§ 1600 and 1601, the city shall be authorized to use an electronic bidding system, so long as the purpose and intent of applicable state law, this division, and any supplemental rules or regulations are met. In using an electronic bidding system, the city shall provide bidders with an electronic receipt showing the date and time the submitted bid was received.

(9) Emergency. Pursuant to Public Contract Code § 22050, upon determining that an emergency exists, city manager may dispense with otherwise applicable competitive procurement procedures and signature authority requirements to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage, up to an amount not to exceed $500,000.00. An emergency procurement will be limited in scope and duration to the extent necessary to satisfy the emergency need. The city manager must report to the council any emergency purchase made and the basis therefor at the next council meeting following the emergency procurement.

(10) No competitive advantage. The purchasing officer may dispense with otherwise applicable competitive procurement procedures if the advertisement for bids would be undesirable, impractical, or impossible, and if competitive procurement would not result in any advantage to the city in efforts to contract for the greatest public benefit. In such instances, the purchasing officer may procure public projects through negotiated contract, cooperative purchasing, or by piggybacking off a competitive procurement that has been conducted by another public agency when the price to the city is equal to or better than the price to the public agency. If the purchasing officer dispenses with otherwise applicable competitive procurement procedures pursuant to this subsection (10), the city council shall approve or ratify such determination by making written findings that there is no competitive advantage to be gained by competitively bidding the public project.

(11) Procurement and signature authority. Notwithstanding the provisions of section 2-328, or any other provision of this Code, the city manager shall have approval and contract authority for all public projects authorized under subsections (1) and (2) above.

(Ord. No. 1999, § 1, 6-14-22; Ord. No. 2006, § 1, 1-10-23)

The city manager may approve a change order of up to ten percent of the original contract for goods, services, or public projects in an amount not to exceed $25,000.00, whichever is less, provided that adequate budget is available.

(Ord. No. 1999, § 1, 6-14-22)

The city council, city manager, or any department head may declare any personal property held by such department as surplus. Such declaration shall be in writing, and such personal property, together with such written declaration, shall be delivered to the purchasing officer. The purchasing officer shall store such personal property and maintain a written inventory for review by each department head. If any department head has a use for such personal property, he or she may so request from the purchasing officer, who shall have the authority to assign the personal property to any department.

(Ord. No. 1999, § 1, 6-14-22)

(a) Low value items. If no department head has a use of the surplus personal property, pursuant to section 2-335, and the surplus personal property's estimated value is $5,000.00 or less, the purchasing officer shall:

(1) Make an investigation of the market conditions of property of the type declared surplus and determine a price for item(s) which, in his/her opinion, will be competitive with prices in the open market;

(2) Sell such property at such prices by advertising in the most appropriate means which, in his or her opinion, will bring the greatest number of potential purchasers;

(3) Ensure that at least three days before the sale, notice is published in a newspaper of general circulation published and distributed in the city, or posted on the city's website, containing a general description of the type of property to be sold; the place where the items may be examined; and the place where the purchase price is to be paid and the property delivered; and

(4) Ensure the terms of all such sales are in cash in the amount of the full purchase price.

(b) High value items. If no department head has a use of the surplus personal property, pursuant to section 2-335, and the surplus personal property's estimated value is more than $5,000.00, the purchasing officer shall:

(1) Determine whether to sell the item by electronic bid or public auction, contracting with a professional auctioneer or online auction service if it is in the city's best interest;

(2) Ensure that at least five days before the sale, notice is published in a newspaper of general circulation published and distributed in the city, or posted on the city's website, containing a general description of the type of property to be sold and the time and place of such bid opening or auction;

(3) Ensure the terms of all sales are in cash in the amount of the full purchase price, and

(4) Ensure that the sale by sealed or electronic bid or auction are to the highest responsible bidder.

(Ord. No. 1999, § 1, 6-14-22)

(a) Trade. Notwithstanding any provisions of this division for the sale of surplus personal property in the open market or by auction, the purchasing officer may trade in surplus personal property for an amount he/she determines to be reasonable, to be allowed toward the purchase of a similar type of personal property. Typical situations where this might apply would be in the disposal of used motor vehicles and other machinery and equipment for which trade-ins are commonly permitted by the manufacturer/dealer.

(b) Disposal of unserviceable property. When any surplus personal property is deemed to be unserviceable, junk or scrap, or no longer suitable for its original purpose, the purchasing officer may destroy or sell the item for scrap.

(c) Nonprofits/public agencies. Upon written finding of public purpose and approval of the city council, the purchasing officer may sell or donate items directly to public agencies and nonprofit organizations, without advertising the items pursuant to section 2-336.

(Ord. No. 1999, § 1, 6-14-22)

(a) Generally. Pursuant to Civil Code § 2080.6, the city has elected to adopt and follow reasonable regulations, in lieu of the default provisions in the Civil Code, for the care, restitution, sale, or destruction of unclaimed property in its possession. Unclaimed property found, recovered, or held by the city shall be disposed of in the following manner:

(1) All property which is subject to the provisions of the Penal Code and regulated thereby shall be handled in accordance with such provisions, notwithstanding any other provisions of this division.

(2) If the owner of property appears and claims it within four months, the city shall release such property to the owner.

(3) If the property is not claimed in accordance with subsection (2) above, such property shall be transferred to the custody of the purchasing officer to be disposed of as follows:

a. Any such property may be determined by resolution of the city council to be needed for city use and shall thereby be converted for such use.

b. Property not otherwise needed for city use may be disposed of pursuant to section 2-336 and section 2-337.

(b) Money. Notwithstanding subsection (a) above, pursuant to Government Code §§ 50050 and 50051, the following process shall apply to unclaimed property that is money (excluding restitution to victims):

(1) Three-year period to claim. Money that remains unclaimed for a period of more than three years becomes the property of the city not less than 45 days nor more than 60 days after an initial public notice is published, as set forth in subsection (2) below.

(2) Initial public notice. At any time after the expiration of the three-year period, the city treasurer shall cause a notice to be published once [a] week for two consecutive weeks in a newspaper of general circulation. The notice shall include the following information:

a. The individual or business name as shown on the issued check;

b. The check date, number, and the amount of money on the issued check; and

c. A statement announcing that the money shall become the property of the city on the date that is not less than 45 days after the first publication of the notice.

(3) Proof of publication. A proof of publication from the newspaper is to be retained in accordance with the city's records retention policy as proof that the city published the required notice for two consecutive weeks.

(4) Claim. Before the date the unclaimed money becomes the property of the city, a party of interest may file a claim which must include the following information:

a. The claimant's name, address, and telephone number;

b. Social security number or federal employer identification number;

c. Proof of identity such as a copy of a driver's license, social security card, or birth certificate;

d. The amount of the claim; and

e. The grounds for which the claim is found.

(5) Review. The city treasurer shall accept or reject that claim. If rejected, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within the county and serve a copy of the complaint and the summons upon the treasurer and city clerk. The copy of the complaint and summons shall be served within 30 days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in the section until a decision is rendered by the court.

(Ord. No. 1999, § 1, 6-14-22)