Redlands Municipal Code Ch. 2.16 City Purchasing and Disposition of Surplus Personal Property

As used in this chapter, the following words and phrases shall have the meanings indicated:

ANNUAL BLANKET PURCHASE ORDER: A City issued document to a vendor allowing for the repetitive purchases of goods or services by authorized personnel for a specified time not to exceed twelve (12) months. An annual blanket purchase order shall be initiated by a department, using competitive procurement whenever practicable, for a specific amount of consideration that is drawn on throughout the specified time frame for payment of invoices related to such purchase order.

BID SECURITY: A guarantee, in the form of a bond, cash deposit, or other security acceptable to the City, that the successful bidder will execute a contract as bid, or will forfeit such security.

BIDDER'S LIST: A list maintained by the Purchasing Office setting out names and addresses of suppliers of various goods and services from which bids, proposals, and quotations may be solicited.

CHANGE ORDER: A City issued document used to modify a purchase order to add, delete or revise the quantity or services being provided.

CITY MANAGER: The City Manager for the City, or his or her designee.

COMPETITIVE PROCUREMENT: A process whereby bids, through formal, informal, or open market procurement, are solicited from bidders in accordance with applicable law under the direction of the Purchasing Agent.

CONFLICT OF INTEREST: A situation where the personal interests of a contractor, public official or employee are, or appear to be, in conflict with the best interests of the City, as determined in accordance with the laws of the State.

CONSTRUCTION: The process of building, altering, repairing, improving or demolishing any structure or building, or other improvement of any kind to any public real property. Construction does not include routine operation or maintenance of existing structures, buildings or real property by the City's own forces. "Construction" shall also include "public project" as defined in Public Contract Code section 20161 and section 2.16.140 of this chapter.

CONTRACT: Any type of legally recognized agreement to provide goods, services or construction.

COOPERATIVE PURCHASING: A purchasing method whereby the procurement requirements of two (2) or more governmental entities and/or public agencies are combined to obtain the benefit of volume procurement or reduction of administrative expenses.

DISBURSEMENT VOUCHER: A payment request form used in lieu of a purchase order for certain limited types of payments such as:

A. Refunds.

B. Employee/retiree reimbursements and stipends.

C. Insurance premiums.

D. Advertising (e.g., public notices, bid notices, job announcements).

E. Petty cash/bank account reimbursement.

F. Subscriptions, memberships, dues.

G. Registration for training and meetings; some related travel.

H. Federal and State mandated fees.

I. PERS payments.

J. Legal fees.

K. Other fees including permit, recording, fingerprinting and fiscal agent/bank.

L. Debt service payments.

M. Credit card payments.

N. Postage/mailing/meter/refills.

O. Utility charges.

P. Water stock payments.

Q. Other limited payments as approved by the Finance Director or City Manager.

ELECTRONIC BIDDING SYSTEM: Is the City's electronic e-procurement system which ensures that bids and proposals remain unopened and cannot be viewed by the public or City staff until the bid closing date and time.

EQUIPMENT: Personal property of a durable nature which retains its identity throughout its useful life.

FORMAL BID: A bid which shall be: a) solicited through published notice in a newspaper of general circulation in the City or the City's electronic bidding system at least ten (10) calendar days in advance of the bid opening date; b) submitted in a sealed envelope or electronically through the electronic bidding system, in conformance with a City prescribed format and procedure; c) publicly opened, read and recorded at the Office of the City Clerk at a City specified date and time; and d) accepted by award made by the City Council.

FORMAL PROCUREMENT: Procurement by written notice inviting bids and formal bid.

FORMAL REQUEST FOR PROPOSAL (RFP): A comprehensive written document that defines the objectives and needs of the City and requests potential vendors to propose the best method for meeting such objectives and needs. Formal RFPs must require paper or electronic sealed proposal, with cost proposals submitted in a separate, sealed envelope, or in a separate sealed cost electronic-file in accordance with section 2.16.170 of this chapter. Formal RFPs shall be evaluated and ranked by a Selection Committee of at least three (3) persons.

GOODS: Supplies, materials, equipment and other commodities included within the definition of "goods" in section 2105 of the California Commercial Code.

GRATUITY: A gift or favor, entertainment, loan or anything of monetary value from anyone who has or is seeking to obtain City business or conducts activities that may be affected by the performance or nonperformance of the employee's official duties.

INFORMAL BID OR QUOTATION: An unsealed competitive offer conveyed by letter, facsimile or other written means and under conditions different from those required for formal bidding; informal bids should only be solicited by City personnel authorized to do so, and for each solicitation of an informal bid, the authorized personnel shall obtain informal bids from at least three (3) different prospective bidders, if practicable. Informal bids for public projects shall be publicly opened, read and recorded at the Office of the City Clerk.

INFORMAL REQUEST FOR PROPOSAL (RFP): A comprehensive written document that defines the objectives and needs of the City and requests potential vendors to propose the best method for meeting such objectives and needs. An informal RFP should have the same level of detail as a formal RFP. Informal RFPs may require unsealed proposals and may be submitted by letter, facsimile, e-mail or other written means. Informal RFPs may be evaluated and ranked by City staff peer review or by a Selection Committee.

NEGOTIATION: Contracting through the use of either competitive or other than competitive proposals and discussions. Any contract/purchase order awarded without using formal bidding procedures is a negotiated contract/purchase order. Further, negotiation is a procedure that includes the receipt of proposals, which permits bargaining and usually affords an opportunity to revise their offers before award of a contract/purchase order. Bargaining in the sense of discussion, persuasion, alteration of initial assumptions of positions, and give and take may apply to price, schedule, technical requirements, type of contract/purchase order or other terms of a proposed contract/purchase order.

PROCURE OR PROCUREMENT: Buying, purchasing, renting, leasing or otherwise acquiring or obtaining goods, services or construction.

PROFESSIONAL SERVICES: All services performed by persons in a professional occupation including, but not limited to, consulting and the performance of services for accounting, attorneys, auditors, architects, computer and communications software, support, and related hardware, engineers, environmental, financial, personnel, planning, and other individuals or organizations exercising professional discretion and independent judgment based on specialized knowledge, expertise or training.

PURCHASE ORDER: A City issued document which authorizes the delivery of goods, the rendering of services, or the performance of construction at a stated price and which encumbers City funds for the payment thereof. A purchase order is a contract as defined in this chapter.

PURCHASE REQUISITION: A written request in the form as the City may from time to time determine, submitted by a City department to the Purchasing Office for procurement of goods, services or construction.

PURCHASING OFFICE: The City department, designated by the City Manager, for the administration of this chapter.

RECYCLED GOODS: Finished manufactured products containing recycled materials in the production thereof.

SERVICE (CONTRACTUAL): A contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. It can also cover services performed by either professional or nonprofessional personnel, whether on an individual or organizational basis. Examples of contractual service or services contracts are: a) maintenance, overhaul, repair, rehabilitation, salvage, modernization or modification of supplies, systems, equipment; b) facilities maintenance; c) janitorial services; d) transportation and related services; e) accounting and auditing; and f) architecture and engineering.

SINGLE SOURCE PURCHASE: A purchase where it can be substantiated that a commodity or service can be obtained from one vendor, contractor or professional service provider which often is the "single" representative of the manufacturer or principal company. "Single source" purchases frequently involve a vendor, contractor or professional consultant whose product or service is discernibly distinguishable from all others in the market and singularly meets all significant elements of the City's requirement. In this context, "single" means "the one among others".

SMALL PURCHASE: A onetime, noncompetitive purchase of goods or services, which totals seven thousand dollars ($7,000.00) or less. Each City department may issue a "short form" purchase order for unanticipated and non-repetitive purchases, which cumulatively do not exceed forty thousand dollars ($40,000.00) per vendor, per fiscal year. Purchases shall not be split, staged or separated into smaller units of work for the purpose of evading the competitive bidding procedures or any other requirement of this chapter.

SOLE SOURCE PURCHASE: A purchase where it can be substantiated that a requirement involves commodity or service provided by only one vendor, contractor or professional service provider which has exclusive rights (e.g., rights to data, patent or copyright, proprietary interests or secret processes) to the manufacturing of the product or service. "Sole source" requirements must withstand the questions of: a) is the commodity or service the only of its kind which can fully satisfy the requirement, and b) the commodity or service is available from one, and only one, source. In this context, "sole" means "the only one".

STANDARDIZATION: The process of examining characteristics and needs per items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for that purpose.

SURPLUS PROPERTY: Inventory 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. For purposes of this chapter, the term "property" does not include real property. (Ord. 2984, 2025: Ord. 2891, 2019)

The purpose of this chapter is to establish procedures for the purchase of goods, services and construction at the lowest possible cost commensurate with the quality needed; to exercise financial control over purchases; to define authority for the purchasing function; and to assure the quality of such purchases. Therefore, a centralized purchasing system is hereby adopted and vested with the authority for the purchase of all goods, services and construction, except as otherwise required by Federal or State law. In addition, this chapter and the purchasing system it establishes is designed to provide appropriate procedures to implement the City's participation in the Uniform Public Construction Cost Accounting Act pursuant to Public Contract Code section 22000 et seq. (Ord. 2891, 2019)

The position of Purchasing Agent of the City is hereby established and shall be incorporated with the duties of the City department director responsible for oversight of the Purchasing Office. When the term "Purchasing Agent" is used in this chapter, such term shall include his or her designees. (Ord. 2891, 2019)

Subject to the supervision of the City Manager, the Purchasing Agent shall have charge of purchasing goods, services and construction required by any City department, and shall have the power and the duty to:

A. Establish a purchasing program providing for competitive bidding or open market purchasing so as to obtain for the City the greatest possible advantage.

B. Establish and enforce specifications with request to goods, services and construction required by the City.

C. Transfer surplus property between offices, departments or agencies, or make arrangements to sell surplus property or obsolete/unused goods.

D. Prepare operating policies and procedures, consistent with and to implement this chapter, to be followed by all departments regarding the purchase, inspection, storage, distribution and disposal of goods, services and construction.

E. Negotiate and recommend the execution of contracts for the purchase of goods, services and construction.

F. Endeavor to obtain full and open competition whenever possible on all purchases.

G. Prepare and implement policies and procedures governing the purchase of goods, services and equipment for the City. The Purchasing Agent shall be responsible for developing a purchasing policy and procedures manual which shall outline procedures for implementing this chapter. Upon approval by the City Manager, the purchasing policy and procedures manual shall have the same force and effect as the provisions of this chapter.

H. Keep informed of current developments in the field of purchasing, prices, market conditions and new products. Recommend purchase of alternative products of a higher quality or lower cost.

I. Prescribe and maintain such forms as reasonably necessary to carry out the operation of this chapter.

J. Maintain appropriate records needed for the efficient operation of the purchasing function.

K. Encourage the standardization of similar goods, services and construction used by City departments.

L. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter.

M. With written approval of the City Manager, or by action of the City Council, dependent on established dollar limits set for each, authorize in writing any City department to purchase or contract for specified goods, services and construction, independently of the Purchasing Agent. However, the Purchasing Agent shall require that such purchases be made in conformity with the procedures established by this chapter and that all documents supporting the formal or informal bidding procedures be attached to the City's copy of the purchase requisition.

N. Each year, on a quarterly basis, the Purchasing Agent, through the City Manager, shall prepare and provide to the City Council a summary report of contracts awarded for seventy five thousand dollars ($75,000.00) or less during such quarter and not previously approved by the City Council.

O. Perform such other duties as may be imposed by the City Council or City Manager. (Ord. 2984, 2025: Ord. 2891, 2019)

The Purchasing Office and all other employees involved in the procurement of goods, services and construction will be conducted with absolute integrity. The very highest ethical standards will be maintained in all material activities. The Purchasing Office and all other employees will be constantly aware of their responsibilities in spending public funds and subscribe to the principles and standards as advocated by the National Association of Purchasing Management and the California Association of Public Purchasing Officers. Some of these principles and standards are as follows:

A. Regard public service as a sacred trust, giving primary consideration to the interests of the City.

B. Purchase the best value obtainable, securing the maximum benefit for each tax dollar expended.

C. Allow for full and open competition and not participate in uniform bidding.

D. Know and respect their obligations to the public, private sector and using agencies.

E. Accord vendor representative's courteous treatment remembering that they are important sources of information and assistance in buying decisions.

F. Strive constantly for greater knowledge of purchasing methods and of the goods and services to be procured.

G. Conduct themselves with fairness and dignity, and demand honesty in buying and selling.

H. Cooperate with all organizations and individuals engaged in enhancing the development and standing of the purchasing profession.

I. Remember that their conduct reflects on the City and the entire purchasing profession. (Ord. 2891, 2019)

No officer or employee of the City having any supervisory authority to purchase any specific goods, services or construction for the City shall have any financial interest in connection with the purchase of such goods, services or construction. No officer or employee shall participate in the procurement or selection process when such officer or employee has a relationship with a person or business entity seeking a contract under this chapter which would subject such officer or employee to the prohibition of California Government Code section 87100 et seq., or Government Code section 1090. (Ord. 2891, 2019)

The Purchasing Agent and all other officers and employees of the City are prohibited from accepting directly or indirectly from any person to whom any purchase order or contract is, or might be, awarded, any rebate, kickback, gift, money or other unlawful consideration. The offer of such gratuity to an official or employee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing such supplier or contractor from bidding as otherwise provided for in this chapter. (Ord. 2891, 2019)

For other than small purchases, City departments shall submit purchase requests for goods, services and construction to the Purchasing Office on standard requisition forms prepared, maintained and updated by the Purchasing Agent. A requisition shall set forth the characteristics of the goods, services or construction being requested. No purchase requisition shall be broken into smaller units to evade any requirement of this chapter, except that unrelated items requisitioned by departments may be separated to provide different lists to vendors dealing in different types of goods. (Ord. 2891, 2019)

The purchase of goods, services and construction shall be made only by the Purchasing Agent through the execution of a purchase order, except in cases of small purchases or an emergency as defined herein. No officer or employee of the City shall request a supplier to deliver goods, services or construction to the City unless a City purchase order number has been issued by the Purchasing Agent. Purchases and contracts shall not be split, staged or separated into smaller units of work for the purpose of evading the competitive bidding procedures or any other requirement of this chapter. (Ord. 2891, 2019)

The Purchasing Agent shall not issue any purchase order for goods, services or construction unless there exists an unencumbered appropriation in the account against which the purchase is to be charged. (Ord. 2891, 2019)

Procurement of goods, services and construction by the City shall whenever practicable be based on competitive procurement, whether by formal procurement, if required, or procurement in the open market, if permitted, except that competitive procurement shall not be required in the following circumstances:

A. When emergency procurement is required as defined in section 2.16.130 of this chapter;

B. When the procurement involved is seven thousand dollars ($7,000.00) or less;

C. When the City department director certifies, in writing, to the Purchasing Agent that procurement can only be obtained from a sole source, or timely from a single source, and the Purchasing Agent is satisfied that the best price, terms and conditions have been negotiated; single or sole source procurement for goods, services or construction greater than seven thousand dollars ($7,000.00) and less than or equal to forty thousand dollars ($40,000.00) requires the approval of the City Manager, and approval of the City Council for single or sole source procurement in excess of forty thousand dollars ($40,000.00);

D. When competitively awarded, cooperative purchasing is available and undertaken, as pursuant to section 2.16.210 of this chapter;

E. When the goods, services or construction can be obtained from a contractor who offers the same or better price, terms and conditions as the same contractor previously offered as the lowest responsible bidder under competitive procurement or negotiations conducted by the City or another public agency, provided that in the opinion of the Purchasing Agent, it is in the best interests of the City to do so;

F. When the goods, services or construction can be obtained through Federal, State and/or other public entity pricing contracts or price agreements which were competitively awarded.

Purchasing without providing for full and open competition shall not be justified on the basis of a lack of advanced planning on the part of the requesting City department or based upon concerns related to the amount of funds available (e.g., funds will expire as a result of grant or fiscal year). (Ord. 2984, 2025: Ord. 2891, 2019)

Formal procurement shall be required for all estimated procurement expenditures that meet the formal procurement limits set forth in section 2.16.160 of this chapter. Except as otherwise provided herein, contracts for goods, services and nonpublic project improvement work shall be made pursuant to the procedures described herein:

A. Bid Notice: Notices inviting bids shall include a general description of the articles to be purchased or the improvement work 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 ten (10) 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. The Purchasing Agent may establish and maintain a list of prospective bidders. It shall not be the responsibility of the Purchasing Agent to ensure that the list contains current information in respect to the address, service or product of the prospective bidder. The Purchasing Agent 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.

C. Bidder's Security: Each bid or proposal may be required by the Purchasing Agent to be accompanied by a bidder's bond, certified or cashier's check, or cash, in an amount not more than ten percent (10%) of the total bid. When deemed necessary by the Purchasing Agent, bidder's security may be prescribed in the public notice inviting bids. 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 ten (10) 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. The City Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest and responsible bidder.

D. Bid Opening Procedures: Formal bids shall be submitted to the City Clerk 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 or purchase order if other than the lowest bidder is awarded the contract/purchase order. Such list shall be available for at least thirty (30) days after the award has been made.

E. Rejection Of Bids: The Purchasing Agent, City Manager or the City Council, in accordance with the limits established by this chapter, shall each have the power to reject bids presented, for any reason, and re-advertise for bids.

F. Tie Bids: If two (2) or more bids received are for the same total amount, unit price or quality, and service being equal, and if the public interest will not permit the delay of re- advertising for bids, the Purchasing Agent, City Manager or the City Council in accordance with the limits established by this chapter, may accept the bid it chooses or accept the lowest bid made by negotiation with the tie bidders at time of the bid opening.

G. Performance And Payment Bonds: The Purchasing Agent may require performance and payment bonds before a contract is awarded for goods or services in such amounts as the Purchasing Agent shall find reasonably necessary to protect the best interest of the City and to comply with law. If the Purchasing Agent requires a performance or payment bond, the form and amount of the bonds shall be described in the notice inviting bids. Notwithstanding the foregoing, a payment bond shall be required of a contractor that is awarded a public works contract involving an expenditure in excess of twenty five thousand dollars ($25,000.00). (Ord. 2891, 2019)

While the need for emergency procurement is recognized, the practice shall be curtailed as much as possible by anticipating needs so that normal competitive procurement may be used.

A. Any one or more of the following circumstances shall constitute an emergency:

1. A great public calamity;

2. An immediate need to prepare for national or local defense;

3. A breakdown in machinery or essential service which requires the immediate procurement of goods, services or construction, to protect the public health, welfare, safety or property;

4. A City department's operation, directly affecting the public health, welfare or safety or the protection of public property, is so severely impacted by any cause that personal injury or property destruction appears to be imminent and probable unless goods, services or construction designed or intended to mitigate the risks thereof are procured immediately;

5. A department is involved in a City project which is of such a nature that the need for particular goods, services or construction can only be ascertained as the project progresses and, when ascertained, must be satisfied immediately for the preservation of public health, welfare, safety or property.

B. Emergency procurement may be initiated by a City department director or his or her duly authorized representative as follows:

1. During normal City business hours, the department director, or his or her representative, shall provide reasons and justification for the emergency procurement. If the nature of the emergency is such that goods, services or construction must be procured immediately and the Purchasing Agent is satisfied with the explanation of reasons and justification given therefor, the Purchasing Agent shall authorize the procurement and cause an emergency purchase order to be issued as soon as possible, and in no event later than the following business day. A purchase requisition confirming the procurement must be prepared by the department director or his or her authorized representative and submitted to the Purchasing Agent no later than the following business day.

2. After normal City business hours, the City department representative shall exercise his or her best judgment in ascertaining whether the actual circumstances necessitate emergency procurement, and if deemed necessary shall order it. As soon as possible and in no event later than the following business day, the City department representative, with approval of the department director, shall prepare a purchase requisition confirming the emergency procurement and deliver it to the Purchasing Agent, who shall then cause an emergency purchase order to be prepared.

C. Following the emergency procurement, a written report shall be made, within ten (10) days of the purchase, by the Purchasing Agent to the City Manager for procurement between forty thousand dollars ($40,000.00) and seventy five thousand dollars ($75,000.00), and through the City Manager to the City Council for procurement exceeding seventy five thousand dollars ($75,000.00). (Ord. 2984, 2025: Ord. 2891, 2019)

Procurement for public projects shall be made in accordance with the Uniform Public Construction Cost Accounting Act. The notice inviting bids for any public project involving an expenditure in excess of twenty five thousand dollars ($25,000.00) shall state that a payment bond is required from the successful bidder in an amount not less than one hundred percent (100%) 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. Prior to or concurrent with the award of a contract for a public project, the City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the City's liability for dangerous conditions of public property. The City Council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than seventy five thousand dollars ($75,000.00) prior to or concurrent with the award of a contract for the public project.

A. A "public project" is defined in Public Contract Code section 22002 as any of the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased, or operated facility;

2. Painting or repainting of any publicly owned, leased or operated facility;

3. In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.

B. The contracting procedures and the dollar limits set forth in Public Contract Code section 22032 are as follows:

1. Seventy Five Thousand Dollars Or Less: Public projects of seventy five thousand dollars ($75,000.00) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.

2. Seventy Five Thousand One Dollars To Two Hundred Twenty Thousand Dollars: Public projects having a contract value greater than seventy five thousand dollars ($75,001.00) and up to two hundred twenty thousand dollars ($220,000.00) may be let to contract by informal bidding procedures as set forth in the Uniform Public Construction Cost Accounting Act and as follows:

a. Contractors List: A list of qualified contractors shall be developed and maintained by the Purchasing Agent in accordance with the provisions of section 22034 of the Public Contract Code and any applicable criteria promulgated, from time to time, by the California Uniform Construction Cost Accounting Commission.

b. Notice Inviting Informal Bids: When a public project is to be undertaken which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the City's list of qualified contractors and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City department responsible for undertaking the public project and soliciting bids, provided, however:

(1) If there is not a list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids for the public project shall be sent only to the construction trade journals specified by the commission.

(2) If the product or service comprising the public project is proprietary in nature such that it may be obtained only from a certain contractor or contractors, the notice inviting informal bids for the public project may be sent exclusively to such contractor or contractors.

c. Publicly Opened: Informal bids shall be publicly opened and/or received by the Office of the City Clerk at the time and date specified by the Purchasing Agent or other City employee when soliciting requests for informal bids.

3. Excess Of Two Hundred Twenty Thousand Dollars: If all bids received through the informal bidding process are in excess of two hundred twenty thousand dollars ($220,000.00), the City Council may, by adoption of a resolution by a four-fifths (4/5) vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500.00) or less, to the lowest responsible bidder, if the City Council determines the cost estimate for the public project originally made by the City was reasonable.

4. Two Hundred Twenty Dollars And Above: Public projects having a contract value of more than two hundred twenty thousand dollars ($220,000.00) shall, except as otherwise provided in the Uniform Public Construction Cost Accounting Act, be let to contract by formal bidding procedures.

5. Awards: Award of purchase orders or contracts for public projects shall be as follows:

a. Seventy Five Thousand Dollars($75,000.00) or less: Award shall be made by the City Manager or the Purchasing Agent in the best interests of the City;

b. Greater Than Seventy Five Thousand Dollars ($75,000.00) Up To Two Hundred Twenty Thousand ($220,000.00): Award shall be made by the City Council to the lowest responsible bidder, pursuant to public projects informal bidding procedures;

c. Greater Than Two Hundred Twenty Thousand Dollars ($220,000.00): Award shall be made by the City Council to the lowest responsible bidder pursuant to public projects formal bidding procedures, except as provided in, and in accordance with, subsection B3 of this section.

6. Change Order:

a. For public projects, the total of change orders shall not exceed twenty five percent (25%) of the amount of the original contract. Change orders exceeding twenty five percent (25%) of the original contract amount should be bid and awarded separately and approved in relation to approval limits established in this section.

b. Change orders over seventy five thousand dollars ($75,000.00) should be approved by City Council.

7. Bond: A payment bond shall be required of a contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000.00). It is recommended to require performance bond as well.

8. Emergency Contracting Procedure:

a. "Emergency" as used in this section, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined in Public Contract Code section 1102. In cases of emergency when repair or replacements are necessary the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice to let bids for contracts. The work may be done by day labor under the direction of the City Council, by contract, or by a combination of the two. The provisions of California Public Contract Code section 22050, including, but not limited to, the requirement of a four-fifths (4/5) vote of the City Council finding substantial evidence of an emergency prior to taking emergency action, shall apply when notice for bids to let contracts in emergency situations is not given. The City Council may delegate by resolution the authority to order any action pursuant to paragraph (1) of subdivision (a) of California Public Contract Code section 22050 to the City Manager, City Engineer, or other appropriate non-elected City officer. (Ord. 2984, 2025: Ord. 2891, 2019)

Procurement for nonpublic project improvement work is not subject to the requirements of the Public Contract Code and shall be made in accordance with the provisions of subsection 2.16.140B of this chapter, as permitted by Public Contract Code section 22003.

A. Nonpublic project improvement work includes the maintenance work for public improvements such as:

1. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch (1");

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, placement of plants and servicing of irrigation and sprinkler systems;

5. Work performed to keep, operate, and maintain publicly owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.

B. All requests for informal and formal bids for nonpublic project improvement work having a value in excess of twenty five thousand dollars ($25,000.00) shall state that a payment bond is required. The payment bond shall comply with the requirements of Civil Code section 9554. (Ord. 2891, 2019)

A. Seven Thousand Dollars Or Less: Procurement of supplies, materials, equipment and goods of seven thousand dollars ($7,000.00) or less may be made by purchase order or contract and executed by the Purchasing Agent or department director in the open market without the use of competitive bidding. The City Manager may direct the Purchasing Agent or department director to employ competitive bidding for certain types of goods, nonprofessional services or construction for amounts of seven thousand dollars ($7,000.00) or less.

B. Seven thousand one dollars ($7,000.00) to forty thousand dollars ($40,000.00) procurement of supplies, materials, equipment and goods of more than seven thousand dollars ($7,000.00) but less than or equal to forty thousand dollars ($40,000.00) may be made by the Purchasing Agent in the open market using an informal bidding procedure whereby informal bids or quotations are obtained. Although less formal, procedurally, than formal procurement, procurement in the open market shall be conducted by the Purchasing Agent in a manner and under circumstances intended to elicit competitive informal bids. The Purchasing Agent shall obtain, or direct City staff to obtain, informal bids from at least three (3) different bidders and shall maintain and keep records of all open market procurements, including informal bids received, in accordance with the City's records retention schedule. Award shall be made by the Purchasing Agent to the lowest responsible bidder.

C. Forty Thousand One Dollars ($40,001.00) To Seventy Five Thousand Dollars ($70,500.00): Procurement of supplies, materials, equipment and goods of more than forty thousand dollars ($40,000.00) but less than seventy five thousand dollars ($75,000.00) may be made by the Purchasing Agent in the open market using an informal bidding procedure whereby informal bids or quotations are obtained. Although less formal, procedurally, than formal procurement, procurement in the open market shall be conducted by the Purchasing Agent in a manner and under circumstances intended to elicit competitive informal bids. The Purchasing Agent shall obtain, or direct City staff to obtain, informal bids from at least three (3) different bidders and shall maintain and keep records of all open market procurements, including informal bids received, in accordance with the City's records retention schedule. Award shall be made by the City Manager to the lowest responsible bidder.

D. Seventy Five Thousand Dollars ($75,000.00) And Above: Procurement of supplies, materials, equipment and goods of more than seventy five thousand dollars ($75,000.00) shall be made by using formal procurement as required by section 2.16.120 of this chapter. Award shall be made by the City Council to the lowest responsible bidder.

E. "No Cost" Procurement: Procurement of services which results in no expenditure of funds by the City and instead results in the City receiving remuneration from the service provider shall be made in accordance with the procedures described in this section based upon the estimated amount of remuneration the City will receive from the service provider during the term, and any extensions thereof, of the contract with the service provider.

F. Purchase Through Auction: From time to time, the City may procure goods through auction when such are offered up for bid, and which are subject to any limitations imposed by State or Federal law. Prior to participating in an auction, City staff shall inform the Purchasing Agent and department director and shall prepare and provide a written justification describing the goods sought, estimated cost, and the not to exceed budgeted amount proposed to be spent at the auction, and obtain approval per the procurement limits established in this section. (Ord. 2984, 2025: Ord. 2891, 2019)

From time to time, the City may procure specialized goods, nonprofessional services and nonpublic project improvement work, on a "best value" basis, at the lowest cost commensurate with the quality and scope needed, subject to any limitations imposed by State or Federal law. "Best value" methodology is a procurement process solicited as a request for proposals which has functional specifications and evaluation criteria, which will allow the proposer to determine the manner in which to best meet the needs of the City. "Best value" procurements shall be approved by the Purchasing Agent prior to the solicitation of any proposals. In addition to price, consideration will be given to quality and performance of the goods, services, or nonpublic project construction to be purchased. Criteria for determining the "best value" proposer shall include, but not be limited to, the following:

A. Ability, capacity and skill of the proposer to provide the goods, services or nonpublic project construction, as required by the City and within the time specified.

B. Character, integrity, reputation, judgment, experience, and efficiency of the proposer.

C. Quality or performance of previous purchases from the proposer.

D. Ability of the proposer to provide future maintenance, repair parts and services for the use of the goods purchased.

E. Performance by the proposer under past contracts with the City and with other public or private entities.

F. Listing of contractor as "debarred" or determination that the proposer has submitted a fraudulent proposal or bid to another public agency within the prior five (5) years.

G. Possession of required licenses, permits or other governmental approvals, if any, to supply or provide the subject goods, services or nonpublic project construction.

H. Purchasing process and award shall follow the requirements indicated in subsection 2.16.180B of this chapter. (Ord. 2891, 2019)

A. Landscaping, Engineering, Architectural, Surveying, And Construction Management: The retention of professional services for architectural, landscape architectural, engineering, land surveying or construction project management shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and at fair and reasonable prices to the City, in accordance with section 4526 of the Government Code, although the City is not adopting the formal procedures specified within Government Code section 4525 et seq. A request for proposal and/or statement of qualifications shall be prepared by the initiating City department, and proposal requests solicited, where practical, from at least three (3) professional service providers.

B. Other Professional Services: Except as may otherwise be provided in this Code or as may be required by State or Federal law, the retention of other professional services of individuals or organizations exercising professional discretion and judgment based upon advanced or specialized knowledge, expertise or training, gained by formal study or experience, shall be based upon both the demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and the cost for such services. A request for sealed proposals and/or statement of qualifications, for formal RFPs, and a request for a separate, sealed proposal for the cost for the performance of the services, shall be prepared by the initiating City department. Proposals shall be solicited, when practical, from at least three (3) professional service providers. The negotiations associated with the award of a contract for services identified in this subsection shall occur as follows: Upon receipt of the proposals, the initiating City department shall first determine and identify those persons or organizations that are qualified to perform the services and shall rank such persons and organizations based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required. Second, the cost proposals submitted by all the qualified persons and organizations shall be reviewed. Third, negotiations shall be undertaken with the person or organization ranked most qualified in an attempt to secure the services at a cost equivalent to the lowest cost offered to the City by the qualified persons and organizations. If the person or organization ranked most qualified is unwilling to provide the services at a cost equivalent to such lowest cost: 1) such person or organization may nevertheless be awarded a contract, provided the Purchasing Agent, City Manager or City Council, as appropriate, determines the initiating City department director has substantiated that the cost for the services is reasonable and appropriate; or 2) negotiations with the most qualified person or organization may be terminated and the initiating City department may undertake similar negotiations with the other qualified persons and organizations in order of rank.

1. Seven Thousand Dollars ($7,000.00) Or Less: Procurement of professional services of seven thousand dollars ($7,000.00) or less may be solicited by informal RFP and awarded by purchase order or contract, executed by the department director or Purchasing Agent, in the open market by negotiation without the use of competitive bidding given the price is fair and reasonable. The City Manager may direct the Purchasing Agent or department director to employ competitive solicitation, on a case by case basis, for certain types of services for amounts of seven thousand dollars ($7,000.00) or less.

2. Seven Thousand One Dollars ($7,001.00) To Forty Thousand Dollars ($40,000.00): Procurement of professional services of more than seven thousand dollars ($7,000.00) and up to forty thousand dollars ($40,000.00) may be awarded by the Purchasing Agent using an informal RFP. Although less formal, procedurally, than formal procurement, procurement in the open market shall be conducted in a manner and under circumstances intended to elicit competitive informal proposals. The Purchasing Agent shall obtain, or direct City staff to obtain, informal proposals from at least three (3) different vendors and shall maintain and keep records of all open market procurements, including informal proposals received, in accordance with the City's records retention schedule. Award shall be made by the Purchasing Agent or the City Manager to the highest ranked proposer.

3. Forty Thousand One Dollars ($40,001.00) To Seventy Five Thousand Dollars ($75,000.00): Procurement of professional services of more than forty thousand dollars ($40,000.00) and up to seventy five thousand dollars ($75,000.00) may be awarded by the City Manager using an informal RFP. Although less formal, procedurally, than formal procurement, procurement in the open market shall be conducted in a manner and under circumstances intended to elicit competitive informal proposals. The Purchasing Agent shall obtain, or direct City staff to obtain, informal proposals from at least three (3) different vendors and shall maintain and keep records of all open market procurements, including informal proposals received, in accordance with the City's records retention schedule. Award shall be made by the City Manager to the highest ranked proposer.

4. Seventy Five Thousand One Dollars ($75,001.00) And Above: Procurement of services of more than seventy five thousand one dollars ($75,001.00) shall be made by using formal RFP. A request for sealed proposals and/or statement of qualifications, including a request for a separate, sealed proposal for the cost for the performance of the services, shall be prepared by the initiating City department. Proposals shall be solicited, when practical, from at least three (3) professional service providers. Upon receipt of the proposals, the initiating City department shall first determine and identify those persons or organizations that are qualified to perform the services and shall rank such persons and organizations based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services. Second, the cost proposals submitted by all of the qualified persons and organizations shall be opened and reviewed. Third, negotiations shall be undertaken with the person or organization ranked most qualified in an attempt to secure the services at the lowest, fair and reasonable cost. If the person or organization ranked most qualified is unwilling to provide the services at the lowest, fair and reasonable cost, negotiations with the most qualified person or organization may be terminated, and the initiating City department may undertake similar negotiations with the other qualified persons and organizations in order of rank.

C. Award Of Contracts: Professional services contracts shall be awarded by the department director, Purchasing Agent, City Manager or City Council, as appropriate, based upon the dollar limits specified in this section. (Ord. 2984, 2025: Ord. 2891, 2019)

Nonprofessional services shall be retained on the basis of competitive procurement in accordance with section 2.16.160 or 2.16.170 of this chapter if applicable. Examples of nonprofessional service or services contracts are: a) maintenance, overhaul, repair, rehabilitation, salvage, modernization or modification of supplies, systems, equipment; b) facilities maintenance; c) janitorial services; and d) transportation and related services. Public works nonprofessional services shall be retained in accordance with Federal and State laws such as prevailing wages 1 and bonds 2 . (Ord. 2891, 2019)

Except for change orders for public projects, which shall be approved in accordance with the contract documents for such projects, changes to previously awarded purchase orders or contracts in excess of ten percent (10%) of the original value of that purchase order or contract shall require approval by the Purchasing Agent, City Manager or City Council, depending on the new value of the purchase order or contract after the increase and in relation to the approval limits established in sections 2.16.140 through 2.16.180 of this chapter. Changes equal to or less than ten percent (10%) are allowed at the department discretion unless the change causes the new value of the purchase order or contract to exceed seventy five thousand dollars ($75,000.00), which if not previously approved by the City Council, must then be so approved. Any change order that increases a purchase order or contract by fifty percent (50%) or more of the original value requires City Manager approval for purchase orders or contracts totaling less than or equal to seventy five thousand dollars ($75,000.00) and City Council approval for those totaling seventy five thousand dollars ($75,000.00) or more. The City Manager may request City Council approval for the former, if he or she believes it is in the best interests of the City to do so. (Ord. 2984, 2025: Ord. 2891, 2019)

Where advantageous for the City, the Purchasing Agent is authorized to allow for the purchase of goods, services and construction through legal contracts of other governmental jurisdictions or public agencies without further contracting, solicitation or formal bidding, provided such practice otherwise complies with State law and was competitively awarded. Awards will be made based on approval limits established in section 2.16.160 of this chapter. (Ord. 2891, 2019)

In administration of competitive procurement pursuant to this chapter, the purchasing agent shall be authorized to give such preferences for supplies, materials, equipment, and specialized goods as general law cities are permitted or required to give by applicable State or Federal law, or as provided for in this chapter.

A. Local Business Preference: To promote business retention within the city and the economic health of the city and to encourage local business participation in the procurement process, the purchasing agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods shall grant an eight percent (8%) local business preference to local businesses. For purposes of this chapter, a local business is defined as a business possessing a valid Redlands Business License and having its principal business operation located in the City of Redlands.

B. Business Preferences: To promote the economic health of the County of San Bernardino and to encourage County business participation in the procurement process, the purchasing agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods shall grant a two percent (2%) County business preference to County businesses. For the purposes of this chapter, a County business is defined as a business possessing a valid Redlands Business License and having its principal business operation located within the County of San Bernardino and outside of the City of Redlands.

C. Application To Bids: When applying the local business preference or County business preference to a bid, the purchasing agent shall apply the preference to the bid price solely for bid evaluation purposes such that the total price bid by a local business shall be reduced by eight percent (8%) of the amount bid by the local business, and by two percent (2%) to the County of San Bernardino business and the reduced bid shall be deemed the amount bid by that bidder. The contract price shall in all events be the amount bid by the successful bidder awarded the contract.

D. Change In Preferences: The local business and County business preferences established by this Chapter shall terminate on December 31, 2026. Commencing on January 1, 2027, to further promote business retention within the city and the economic health of the city and to encourage local participation in the procurement process, the Purchasing Agent, in determining the lowest responsible bidder for contracts for supplies, materials, equipment and specialized goods having a value of forty thousand dollars ($40,000.00) or less, may take into consideration the one percent (1%) sales tax which would be returned to the city as a result of the bid award. For procurement where sales tax would not be generated as a result of the bid award and where the quality and price are equal to another bidder or bidders, the local vendor may be given the bid award.

E. Recycled Goods: Whenever practicable, all City departments shall use recycled content products and recycled materials to meet their needs. This subsection is enacted to facilitate compliance with State requirements and to foster the development of new, improved markets for recycled products.

1. Definitions: For purposes of this subsection E, the following words shall have the meanings ascribed to them:

POSTCONSUMER RECYCLED MATERIALS: A finished material or product that has served its intended use and would normally be disposed of as solid waste. Examples of postconsumer recovered materials include, but are not limited to, old newspaper, office paper, green waste (yard waste), steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires.

PRACTICABLE: Available within a reasonable time period; the recycled product shall be of equal or better quality or value at either no or minimal additional cost and subject to consideration of product durability as a criterion of the cost or value of the product.

PRE-CONSUMER: Materials or byproducts generated after manufacturing of a product is completed, but before the product reaches the consumer. Examples of pre-consumer recovered materials include, but are not limited to, obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other conversion operations.

RECYCLED MATERIAL: Waste material and byproducts that have been recovered or diverted from the solid waste stream and can be utilized in place of raw or virgin material in a product. Recycled content materials may consist of material derived from postconsumer waste, manufacturing waste, industrial scrap, agricultural waste and other items, all of which can be used in the manufacture of new products.

2. City Departments' Procurement Of Recycled Content Products:

a. All departments shall use recycled content products whenever practicable. Special emphasis shall be placed on the purchase of products manufactured with postconsumer recycled materials.

b. Whenever practicable, recycled materials shall be procured and used in City operations (e.g., recycled paper shall be used in copy machines and for printing purposes by departments).

c. All departments may require procurement of designated recycled content products above levels required by this subsection.

d. The City shall require its contractors and consultants to use recycled content products in fulfilling contractual obligations whenever practical.

e. The City shall promote the use of recycled content products publicizing its procurement policy whenever practicable (e.g., use of recycling symbol and statement on recycled content products).

f. A life cycle cost analysis may be an appropriate tool for departments to use when evaluating purchasing alternatives. Life cycle cost should reflect the annual cost of the product calculated over the life of the product and should consider final costs, not just initial up-front costs. A life cycle cost analysis may include factors such as capital costs, installation costs, maintenance costs, energy and other operating costs, and disposal costs which may utilize the "best value" procurement method.

g. The City shall procure recycled products if the product fitness and quality are equal to the non-recycled product and available at the same or lesser total cost than non-recycled items. These products shall include paper products, printing and writing papers, mulch, compost, and compost products, glass products, lubricating oils, plastic products, paint, antifreeze, tires, tire derived products and metal.

h. The City will favorably consider the selection of other recycled and environmentally preferable materials, products, and supplies over their non-recycled or non-environmentally preferable alternatives when the availability, fitness, operational efficiency, quality, safety, and price of the recycled or environmentally preferable product is equal to, or better than, the non-recycled or non-environmentally preferable alternative. The list of materials, products, and supplies shall include, but not be limited to, business office products, alternative fuels, rubberized asphalt, and other items.

i. Departments are encouraged to consider less toxic alternatives when purchasing products or services such as pesticides or pest control services, and to purchase energy and water conserving products whenever possible.

3. Duties Of The Purchasing Agent: The purchasing agent shall coordinate implementation of this subsection. Duties of the purchasing agent for implementation of this subsection include:

a. Establishment of a list of recycled products for purchase by all departments when practicable and review of purchase requests to encourage the substitution of recycled products when practicable.

b. Maintenance of a list and standard specifications and, the undertaking of a periodic review of available products. Products may be added as they become available.

c. Giving preference to approving and promoting the purchase of products with the highest postconsumer content, all other considerations being equal.

4. City Departments' Responsibilities: City departments shall be responsible for the following:

a. City staff shall identify the recycled content products available and the vendors from whom such products are available for purchase. This information shall be compiled and provided to the purchasing agent and the sustainability manager, when practical.

b. Departments shall evaluate the recycled products on the established list and shall make efforts to purchase recycled products when practicable. (Ord. 2984, 2025: Ord. 2952, 2022: Ord. 2891, 2019)

Pursuant to section 40602 of the Government Code, the Mayor must execute all contracts on behalf of the City, unless another City officer or employee is authorized to do so pursuant to this Code. The City Manager, Purchasing Agent, and department directors, in addition to the Mayor, in accordance with the procurement dollar limits established in this chapter, are hereby authorized to execute procurement contracts on behalf of the City. Execution of all procurement contracts shall be attested to by the City Clerk. (Ord. 2891, 2019)

Standardization of equipment and supplies to promote efficiency and reduce costs to the City is encouraged. Equipment and supplies standardization shall not, however, negate the requirement to solicit competitive bids for standardized equipment and supplies when reasonably possible. (Ord. 2891, 2019)

Any individual, firm, partnership, corporation or combination thereof who is awarded a purchase order or contract with the City must comply with all insurance requirements as established by State law or within the limits established from time to time by the City and its insurance advisors. (Ord. 2891, 2019)

Some purchases may be subject to the terms and conditions of various codes, statutes and agreements of other governmental entities in connection with Federal and State grants. If any section, subsection, subdivision, sentence, clause or phrase of this chapter conflicts with any Federal or State requirements mandated for any grant funded procurement, the applicable Federal or State requirements shall apply to that procurement. (Ord. 2984, 2025: Ord. 2891, 2019)

Items purchased for resale, even though their form may be changed before sold to a customer, may be purchased noncompetitively; however, a reasonableness of price statement must be included in the file. Items consigned or purchased for resale may also be given away as prizes. A summary of resale items acquired and sold shall be submitted to the Purchasing Agent annually for review. (Ord. 2891, 2019)

A. Commercial Activity/Entertainment/Excursions And Competition: Commercial activity entertainment/excursions provided by the City's Recreation Division to the general public may be purchased noncompetitively by group, instructor, act name or tour agency. The negotiated prices must be at the lowest obtainable prices based on the particulars of performance/services desired. Transportation services shall be acquired by way of the competitive bidding process, unless it is an intrinsic part of the excursion as determined by the Purchasing Agent. Revenue generating agreements and Purchase Orders may be approved by the City Manager, without the prior approval of the City Council.

B. Cybersecurity: The City Manager may enter into contracts for the procurement of cybersecurity-related hardware, software, and services, including but not limited to firewalls, intrusion detection and prevention systems, encryption tools, endpoint protection, secure access solutions, cybersecurity consultants, threat monitoring and response services, penetration testing, forensic investigations, and other individuals or entities possessing specialized knowledge in cybersecurity, without the prior approval of the City Council and without adherence to the procedures set forth in the city's standard purchasing ordinance. (Ord. 2984, 2025: Ord. 2891, 2019)

The City Council, City Manager or any City department director, may declare any personal property held by such department as surplus. Such declaration shall be in writing, and such property, together with such written declaration, shall be delivered to the Purchasing Agent. The Purchasing Agent shall store such property and maintain a written inventory for review by each City department director. If any department director has a use for such property, he or she may so request from the Purchasing Agent, who shall have the authority to assign the property to any department. (Ord. 2891, 2019)

Surplus City property in usable condition, if each individual item's estimated value is less than seven thousand dollars ($7,000.00), may be disposed of in the following manner: the Purchasing Agent shall make an investigation of the market conditions of personal property of the type declared surplus and determine prices for all surplus property, which, in his/her opinion, will be competitive with prices in the open market. The Purchasing Agent may then sell such personal 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 to include sales on a consignment basis. He or she shall cause to be published at least once, at least three (3) days before such sale, in a newspaper of general circulation, published and distributed in the City, or posted on the City's website, a notice of the sale setting forth the day it shall begin; the number of days it is to be continued, if it is to last more than one day; the place where the articles may be examined; the place where the purchase price is to be paid and the property delivered; and a general description of the type of property being sold. The terms of all such sales shall be cash in the amount of the full purchase price. The Purchasing Agent shall give a receipt to the purchaser of such property and keep a copy for the official files, and shall forward a copy of such receipt to the Finance Department, Revenue Division, together with the money so collected from the buyer. The Revenue Division shall receive and deposit such money and shall forward the information to the Finance Director who shall credit the money received from the sale of such property to the appropriate fund account. (Ord. 2984, 2025: Ord. 2891, 2019)

As an alternate to the method of sale in the open market, the Purchasing Agent shall, in all cases, where the estimated value of personal property is seven thousand dollars ($7,000.00) or more, and may, in the sale of all other personal property, where, in his or her discretion, he or she determines it is in the best interest of the City, sell surplus personal property by means of sealed or electronic bid or public auction. In conducting an auction, the Purchasing Agent may contract with a professional auctioneer or online auction service, for either a flat or hourly fee, or a percentage of the amount of the sale, based upon that which is the common and customary method and rate for such auctioneering services. The procedure for conducting such sale shall be determined by the Purchasing Agent; provided, however, that the following are included in such procedure:

A. For personal property having a value of seven thousand dollars ($7,000.00) or more, at least three (3) days before the sale, notice shall be 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.

B. That the terms of all sales shall be cash.

C. The sale by sealed or electronic bid or auction shall be to the highest responsible bidder.

D. That a receipt be given to the purchaser and a copy of such receipt, together with the money received, be deposited with the Finance Department, Revenue Division, and that the Finance Director shall credit such funds to the appropriate fund account. (Ord. 2984, 2025: Ord. 2891, 2019)

Notwithstanding any provisions of this chapter for the sale of surplus personal property in the open market or by auction, the Purchasing Agent may trade in surplus personal property with 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. (Ord. 2891, 2019)

When any surplus City property is deemed to be unserviceable, junk or scrap, or no longer suitable for its original purpose, the Purchasing Agent shall dispose of such personal property by destruction, recycling, trade or sale of said personal property at the best competitive price available in the open market without regard to the other provisions of this chapter. (Ord. 2891, 2019)

Notwithstanding any other provision of this chapter, the City Council may sell without recourse to sealed bid or auction surplus personal property to public agencies and nonprofit organizations as may be determined by the City Council, or donate surplus personal property to public agencies and nonprofit organizations upon a finding by the City Council that such donation serves a public purpose of the City. (Ord. 2891, 2019)

Notwithstanding other provisions of this chapter, unclaimed property in the possession of the Police Department held by the department for the period set forth by this Code or State law for such property, if the true owners thereof do not make claim for their return in accordance with the provisions of division 3, title 6, chapter 4 (entitled "lost and unclaimed property"), commencing at section 2080 of the Civil Code, may be either retained by the City upon the finding that the property is needed for public use or may be disposed of in accordance with the provisions set forth in this chapter for disposing of personal surplus property. (Ord. 2891, 2019)

Notwithstanding other provisions of this chapter, bicycles that have been lost or abandoned and recovered by the Police Department and held by the department for the minimum time period set forth by this Code or State law, may be disposed of by the City by either auction or by placing such bicycles with service clubs, charitable agencies, other government agencies concerned with the welfare of the poor and needy, or with individuals who are poor, needy or disadvantaged. (Ord. 2891, 2019)