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HomeMy WebLinkAboutOrdinances_2440_CCv0001.pdf ORDINANCE 110. 2440 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 2.16 OF THE R.EDLANDS MUNICIPAL CODE RELATING TO CITY PURCHASES THE CITY COUNCIL CIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1 Chapter 2.16 of the Redlands Municipal Code is hereby deleted in its entirety and rewritten to read as follows: "Chapter 2.1 CITE PURCHASING G POLIC SALE OF SURPLUS PERSONAL PROPERTY Sections':: 2.16,010 Defmitions 2.16.020 Purchasing System 2.16.030 Purchasing Agent 2:16.040 Powers and Duties 2.16.050Purchasing Requisition 2.16.060 Purchase Order 2.16.070 Encumbrance of Funds 2.16.080 Emergency Purchases 2.16,090 Public Works Project 2.16.10 ' Purchases and Contracts on-Public Works Projects) Cheater than 15,000 2.16.110 Purchases and.Contracts Less than$15,000 2.16.120 Professional Services; Architectural, .Engineering, Surveying, Construction Management 2.16,130 Other Professional Services 2.16,140 Annual Audit 2.16.150 Right of Negotiation 2,16.160 Standardization ofEquipment/Supplies 2.16.170 Local Preference 116-180 Cooperative Purchasing 2.16.1' 0 Gratuities' 2.16,200 Conflict of Interest 2.16.210 Federal Requirements 2.16.220 Resale Items 2.16.230 Commercial Entertai en xcttrsions Competition 2.16.240 Sole Source Purchase r Other than full and open.competition 2,1 6.250 Designation of Surplus Property 1Adjm\0rdl0rd 24 0,-wpd 2.16.260 Sale in Open Market of Surplus Personal Property 2.16.270 Sale by Sealed Bid or Auction of Surplus Personal Property 2.16.280 Trade-in Surplus Property 2.16.290 Sale of Unserviceable Junk or Scrap Personal Property 2.16300 Conveyances of Surplus Personal Property to Charitable, Non-profit organizations 116,310 Conveyance of Surplus Personal property to other Public Agencies 2.16.320 Disposal of Unclaimed Property 2.16.330 Disposal of Bicycles 2.1601 Definitions. As used in this Chapter,the following words and phrases shall have the meanings indicated: "Bid Security"means a guarantee,in the form of a bond or deposit,that the successful bidder, will execute the contract as bid, otherwise the bidder will forfeit the amount of the bond or deposit. B "Bidder'means any person submitting a competitive bid in response to a solicitation. C "Bidders List" means a list maintained by the Purchasing Office setting out names and addresses of suppliers of various good and services from whom bids,proposals and quotations may be solicited: D "Brand Name" means a product of a particular;manufacturer or trade name. E. "City Manager" means the City Manager for the City, or his or her designee. F, "Conflict of Interest"means a situation where the personal interests of a contractor, public official or employee are, or appear to be, in conflict with the best interest of the City, as determined in accordance with the laws of the State. G "Emergency Purchase"means a purchase made without following normal purchasing procedures in order to obtain, goods or services to meet an urgent and previously unexpected requirement where health and public safety or the conservation of public resources is at risk. H "Equipment" means personal property of durable nature which retains its identity throughout its useful life. 1; "Evaluation of Bid" Leans the process of examining a bid after the opening to determine the bidder's responsibility, responsiveness to requirements, .and to ascertain other characteristics of the bid: that relate to determination of the successful bidder, l I. "Formal Bid" means a bid submitted in a sealed envelope and in confonriance with a prescribed format, to be opened at a specific time. K. "Gratuity" means a gift or favor, entertainment, loan or anything of monetary value from anyone who (a) has or is seeking to 6btain City business; (b) conducts or activities that may 1, be effected by the performance or non-performance of the employee's official duties. L "Informal Bid" means an unsealed competitive offer conveyed by letter, telephone, facsimile/telegrain or other means and under conditions different from those required of formal bidding. A "Negotiation" means contracting through the use of either competitive or other than competitive proposals and discussions. Any contract/purchase order awarded without using sealed bidding procedures is a negotiated Contract/Purchase Order. Further negotiation is a procedure that includes the receipt of proposals from offerors, 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 initials 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, N. "Payment Bond" means guaranty to satisfy claims of material suppliers and of mechanics, and laborers employed under a contract. Q. "Performance Bond" means a guaranty to protect the City from loss due to contractor's inability to complete a contract. P. "Personal Property" means everything that is not real property, is subject to ownership, and has exchange value. Q. "Professional Services" means services, such as but not limited to, the services of attorneys, auditors, physicians, architects, engineering, and other consultants or individuals or organization possessing a highly technical skill. R. "Qualified Bidder" means a bidder determined by the City to meet standards of business competence, reputation, financial ability, and product quality. S. "Responsible Bidder" means a person who has the capability to perform in full contract requirements, and the integrity and reliability which will assure good faith performance. T. "Responsive Bidder" means: I. A person who has submitted a bid which conforms in all material respects to the invitation for bid/request for proposal, [Adjm%0rd\0rd 240.N 3 2. One whose bid conforms in all material respects to the terms and conditions, the specifications and other requirements of the invitation for bid/request for proposal. U. "Sealed Bidding" means a method of contracting that employs competitive laid public ripening of seated bids and. award. V. "Service (Contractual)" means a contract directly engages the time and effort of a contractor whose primary purpose is to perform identifiable task rather than to furnish an end item of supply. A service contract may be either non-personal or a personal contract. It can also cover services performed by either professional or non-professional personnel;whether on individual or organizational basis. Example of Contractual Service or Services Contract are (a) maintenance, overhaul, repair, servicing rehabilitation:, salvage, modernization, or modification of supplies, systems, equipment, (b) facilities maintenance ( ),janitorial services, (d) advisory and assistance services, (e) communication services, ( ) transportation n and related services. W "Sole Source Procurement"" means an award for a commodity or service to the only known capable supplier,occasional by the unique nature of the requirement,the supplier,or market conditions. X. "Source Selection" means a source selection process is when a specific evaluation_ group structure established to evaluate proposals and select the source for Contract/Purchase Order award. The source selection organization typically consists on evaluation board,advisory council and designated source selection authority at a management level above that of the Purchasing agent. Y. "Standardization"means the process ofexamining 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. Z. "Surplus Property"means inventory not needed by the City at the present time or in the foreseeable future, This includes obsolete supplies, equipment and scrap materials that have no useful life. 2.16.020 Purchasing S sy tern, The Purchasing Office shall establish procedures for the purchasing of supplies, materials equipment and other property and: services, to acquire the same at the lowest possible cost commensurate with quality needed; to exercise positive financial control over purchases; and to sure the quality of such purchases. Purchasing shall operate as a function of the City Finance Department. 1Adj %mrd\ora 2440.wpd 2.16.030 Purchasing Agent. A. The position of Purchasing Agent of the City is Hereby established. The office occupied by the Purchasing Agent shall be known as the "Purchasing Office." B. The Purchasing Agent shall be appointed by the City Manager, subject to approval of the City Council. C. The position of Purchasing Agent maybe incorporated with the duties ofanother City position. 2.16.0 40) Powers and Duties. The Purchasing Agent, shall have charge of purchasing supplies, materials, equipment and contractual services required by any department or agency of the City,and shall have the power and the duty to:: A. Establish a purchasing program, providing for competitive bidding or ripen market purchasing, so as to obtain for the City the greatest possible advantage. R Establish and enforce specifications with request to supplies, materials, equipment and services required by City government, C. Supervise the inspection of all deliveries of supplies, materials and equipment and determine their conformance with specifications. D. Transfer surplus property between offices, departments or agencies, or sell surplus property, obsolete or unused supplies, materials or equipment.- E. Prepare operating policies and procedures to be followed by all departments regarding the purchase of materials, equipment and services. F. Perform such rather duties as may be imposed by ordinance or resolutionof the City' Council. G Negotiate and recommend the execution of contracts for the purchase of supplies, services and.equipment: H. Endeavor to obtain as full and open competition where possible on all purchases. I. Prepare and recornmend rules and regulations in accordance with the California Commercial Code CCC and California Public Contract Code,governing the purchase of supplies, services and equipment for the City. L\djm\0rd\0rd 2 40. 3 J. Keep informed of current developments in the field of purchasing, prices, market conditions and new product. Recommend purchase of alternative products of a higher quality or lower cost. K. Prescribe and maintain such forms as reasonably necessary to the operation of this Chapter and other applicable rules and regulations. L. Maintain appropriate records needed for the efficient operation of the purchasing function. M. Encourage the standardization of similar equipment, materials and services used by City departments. 2.16.050 Purchase Requisition. Departments shall submit requests for supplies, services and equipment, to the Purchasing Office on standard requisition forms to be prepared, maintained and updated by the Purchasing Agent. A requisition shall set forth the salient characteristics of the supplies/equipment being requested. At the minimum, the requisition shall state the brand name or be accompanied by a catalog cut. In the case of services,the requisition shall be in sufficient detail to permit competition if reasonably possible. 2.16,060 Purchase Order, The purchase of supplies, services and equipment shall be made only by the Purchasing Agent (or authorized designee) through the execution of a purchase order or by a City Council approved contract, except in cases of emergency as defined herein. No officer or employee of the City shall request a supplier to deliver supplies, services or equipment to the City unless a regular purchase order number has been issued by the Purchasing Agent. 2.1 .070 'Encumbrance of Funds. The Purchasing Agent shall not issue anypurchase order for supplies,materials or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged, and until the same has been approved by the Finance Director. 2.16.080 Emergency Purchases. In the case of an emergency, supplies, materials, equipment and services may be made without the benefit of the bidding requirements set forth herein when an iter n of supply, material, equipment and service,is immediately necessary for the continued operation of a department,or for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, providing that there is a present,immediate and existing emergency. 1AdjmN0r&0rd 2440.Nvpd 6 In the event of`a public calamity such as an earthquake, major fire or national disaster, the on-scene "Commander" shall have authority (up to $100,000) with additional powers of the City Manager to make decisions regarding purchases which must be made to protect life and property. The on-scene "Commander" shall maintain a detail accounting of all expenditures related to the emergency and submit upon termination olf such emergency, a detailed report to the City Manager who, in turn, will provide the report to the City-Co cil. 2.16.090 Public,WorkLPrpjects. Procurement for Public Works projects shall be made in accordance with Part 3, Chapter I (Local Agency Public Construction Act), Article I and 4, Sections 20100 and 20160 respectively of the California Public Contract Code. 2.16.100 Purchases and Contracts fNon-Public Works Projects) Greater than$15.000 Except as otherwise provided herein, purchases and contracts for supplies, materials, equipment and services of a value greater than fifteen thousand dollars($15,000)shall be by written contract with the lowest responsible bidder, pursuant to the procedures described herein. A. Award of Purchase Orders/Contracts. Purchase Orders/Contracts exceeding the limitation set by City Council for which their approval is required shall be awarded by the Council to the lowest responsible bidder, except as otherwise provided herein. B. Changes to previously awarded purchase orders or contracts in excess of 10%of the original value of that contract, shall require City Council approval. Council action is required regardless of the project budget status. C. Notice Inviting Bids. Notices inviting bids shall be include a general description of the articles to be purchased and shall state where and when bid packages may be secured, and the time and place of the bid opening, D. Notice. Publication,and Mailing. Notice inviting bids shall be published at last ten calendar days before the opening of bids in a newspaper of general circulation in the City. 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 invitations for bids directly to the appropriate prospective bidders appearing on the list and to other prospective bidders. E. 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 of the total bid. When deemed necessary by the Purchasing Agent,bidder's security may be pre-scribed in the public notice inviting bids, When bid security is required,bidders shall be I.\djnWrifDrd 2440.%pd 7 entitled to return of bid security; however, if a successful bidder refused to or failed to execute the contract within ten work days after the notice of award has been mailed,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 it to the next lowest and responsible bidder. If the City Council awards the contract to the next lowest and responsible bidder,the amount of the lowest bidder's required security shall be applied by the City to the difference between the low bid and the next low bid, and the surplus, if any,shall be returned to the lowest bidder. F. Bid Opening Procedures. Scaled bids shall be submitted to the Purchasing Agent and shall be identified as a bid on the envelope. 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 thirty days after the award has-been made, G. Rejection of Bids. At its discretion, the City Council shall have the power to reject any and all bids presented, for any reason, and re-advertise forbids. H. Tie Bids. If two 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 or City Council,as applicable,may accept the bid it chooses or accept the lowest bid made by negotiation with the tie bidders at time of the bid opening. 1. Performance and Payment Bonds. The City Council may require performance and payment bonds before executing a contract in such amounts as it shall find reasonably necessary to protect the best interest of the City and comply with law. If the City Council requires a performance or payment bond, the form and amount of the bonds shall be described in the notice inviting bids. J. Negotiated Purchases. Notwithstanding any other provision in this Chapter, the Purchasing Agent may authorize the purchase of specialized supplies or equipment by competitive negotiation when-, 1. The supplies, equipment or services, are such, that suitable technical performance specification are not readily available. 2. The City is not able to develop descriptive specifications. 3, The quality of the supplies and equipment cannot be accurately determined by reference to their specifications alone. 4. Such a method of purchase would be more advantageous to the City. 1:\djm\0rMrd 2 8 5. At the completion of the purchase a written report thereon is made to the City Manager. 116.110 Purchases andfontracts for less thanS15,000. The purchase of supplies,materials and equipment and contractual services in an amount less than fifteen thousand dollars ($15,000)may be made by the Purchasing Agent in the open market, in accordance with the following procedures: A, Minimum Number of Bids. Open market purchase shall,wherever possible,be based on at least three bids, and shall be awarded to the lowest qualified bidder. B. Notice inviting Bids. The Purchasing Agent shall solicit bids by'written request or by documented telephone calls to prospective vendors. C. Written Bids. Sealed written bids shall be submitted to the Purchasing Agent,who shall keep a record of all open market order and bids for the required period (at least 30 calendar days) of time after the submission of bids or the placing of orders. This record while so kept shall be open to public inspection. D. Open Market Purchase for which no bids are required. For open market purchases not exceeding one thousand dollars($1,000),the Purchasing Agent shall have the authority to select a specific vendor and place an order without obtaining additional competitive bids. The City Manager may direct the Purchasing Agent to employ competitive bidding for certain types of supplies for amounts less than$1,000. E. Professional Services. Services other than those mentioned in Section 2.16.130 may be engaged without recourse to competitive bidding provided that all prospective bidders are given a full opportunity to submit their qualifications and cost estimates for providing the desired service. 2,16.120 Professional. Services,• Architectural/Engineerin& Surveying/Construction Managgingnt. 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 in accordance with Section 4526 of Government Code. 2.16.130 Other Professional Services. 1Adjm\0r&0rd 2440-wpd 9 e Other professional services may be engaged without recourse: to competitive bidding provided that all prospective bidders are given a full opportunity to submit their qualifications and- estimates of cost to render the desired service. 2.`16.140 Annual Audit: ,< An annual audit of the policies established by the Purchasing Agent pursuant to the authority granted udder this Section shall be performed annually by an individual or individuals independent of the Purchasing Office. A report of such audit shall be presented to the City Manager. 2,16.150 Right of Negotiation, otiation, The Purchasing Agent shall have authority to negotiate purchase order and contractual provisions, performance,price and trade-off considerations as part of the source selection process. 110.100 Standardization,o Equipment/SUpplies. The Purchasing Agent shall encourage standardization cif esu pment and supplies to promote efficiency and reduce costs to the City. Equipment and supplies standardization shall not,however, negate the requirement to solicit competitive bids for standardized equipment and supplies, when reasonably possible. 2.16.170Local preference: The City Council may,by resolution,adopt purchasing procedures to promote the economic health of the City and to encourage local participation in the procurement process, The City, in determining the lowest responsible bidder,may tale into consideration the sales tax which would be returned to the City as a result of the award. 2.16.180 Cooperative Purchasing. The Purchasing Agent shall be authorized to join-with other units of government i cooperative purchasing,plans, so that the best interest of the City shall be served thereby. 2.16.190 gratuities. The Purchasing Agent and all other officers and employees of the City are prohibitedfrom" accepting directly or indirectly from any person to which 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 oremployee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing him or her from bidding as provided in Sections 2.16.100 and 2.16.110 of this Chapter. 2.1.6.200 Conflict of Interest. No officer or employee of the City of Redlands shall have any financial interest in the transaction of any business in connection with the purchase of goods and services for the City. No officer or employee of the City ofRedlands may contract with any person related to any officer or employee of the City by blood or marriage for supplies,services and equipment unless the purchase is by competitive bid and the person so related submits the lowest responsible bid. 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. sem;.. 2.1`0.210 Federal Requirements. If any section, subsection, subdivision, sentence, clause or phrase-ofthis Chapter conflicts with any Federal requirements mandated for any grant funded procurement, the applicable federal requirements shall apply to that procurement. 2.16220 Resale Items. Items purchased for resale,even though their form may be changed before sold to a customer, may be purchase noncompetitively;however,a reasonableness of price statement roust 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. 2.161.230 Commercial Entertainment/Excursions and. Competition. Commercial entertainment/excursions as provided by the Police Department Recreation Bureau to the general public may be purchased noncompetitively by group,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. All such purchases shall be made only as authorized by State law. Article fI Recycled Paper` 2.16.240 dole Source Purchase- Other than full and o °en cora etition. When the supplies or services required by the activity or agency are available from only one< responsible source, or from any one or a limited number of responsible sources, and no other type of supplies or services will satisfy the activity or agency requirements, full and open competition 1:%dj f,,Or %Ord 2440, pd 1 l need not be provided for. However, the Purchasing Agent shall not commence negotiations for a sole source contract/purchase order without sufficient written justification therefor. Sole source approval authorities and their limitations are: a) $1,001 - $3,000 Purchasing Agent b) $3,001 - $15,000 City Manager C) $15,001 and above City Council Purchasing without providing for full and open competition shall not be justified on the basis of a lack of advanced planning by the required activity or concerns related to the amount of funds available(e.g., funds will expire) to the agency or activity for the purchase of supplies or services. Article III Sale of Surplus Personal Property 2.16,250 Desioa—tion of Surplus Personal Property The Mayor, any member of the City Council, and any head of any department 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 department head of the City. If any department head has a use for such property, he/she may so request from the Purchasing Agent, who shall have the authority to assign the property to any department (able to make best use of such property), 2.16-260 Sale in Open Market ofS rp 0 1L Ins Personal P=eqy. Surplus City property in usable condition, if its estimated value is less than five thousand dollars(S5,000),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,Nvill be competitive with prices in the open market. He/she may then sell such personal property at such prices by advertising in the most appropriate means, which in his/her opinion, will bring the greatest number of potential purchasers to include sale on a consignment basis, but he/she shall cause to be published at least once, at least three days before such sale, in a newspaper of general circulation, published and distributed in the City,a notice of the sale setting for the day it shall begin, and the number of days it is to be continued if it is to last more than one day, and the place where the articles may be examined, and the place where the purchase price is to be paid and the property delivered, and a general description of the type of property being gold. The terms of all such sales shall be cash in the amount of the full purchase price. The Purchasing Agent or authorized representative 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 City Treasurer, together with the money so collected from the buyer. Ukdjm�Ord\Ord 2440,wpd 12 The City Treasurer's Office 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 general fund account. 116.270 Sale by Sealed Bid Auction of Surplus Personal Fropert As an alternate to the method of sale in the open market, the Purchasing Agent shall, in all- cases, llcases,where the estimated value of personal property is five thousand dollars($5,000)or more,and may, in the sale of all other personal property, where in his/her discretion, he/she determines it in the best interest of City,sell surplus personal property by means of sealed bid or public auction. The procedure for conducting such sale shall be determined by the Purchasing Agent;provided,however, that the following are included in such procedure: (1) At least one notice,three days before the sale, shall be published in a newspaper of general circulation published and distributed in the City, containing general description of the type of property to be sold and the time and place of such bid open or auction; (2) that the terms of all sales shall be cash; (3) the sale by sealed bid or auction shall be to the highest responsible bidder; (4)that a receipt be given to the purchaser and a copy of such receipt, together with the money received, be deposited with the City Treasurer, and that the Finance Director shall credit such funds to the general fund account. In conducting an auction,the Purchasing Agent may contract with professional auctioneer,and his/her fee may either allow a flat fee,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. 2.1 .280 Trade-in SuEplus Personal Property. Notwithstanding any provisions of this Chapter for the sale of surplus personal property in the open market or any 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 might be in the disposal of used motor vehicles and other machinery and equipment for which trade-ins are commonly permitted by the manufacturer/dealer, 2,16.290 Sale of Unserviceable,Junk or Scrgg Personal PropeLy. Wien any surplus City property is deemed to be unserviceable,junk or scrap, no longer suitable for its original purpose, the Purchasing Agent shall dispose of such personal property by destruction,trade or sale of said personal property at the best competitive price available in the open market without regards to the other provisions of this Chapter. 116.300 Co�nveyingSpMlusPersonal Pro eTVto1 Charit bJeNW ,, orofit:Organizations _ _ Notwithstanding the other provisions of this Chapter, the City Council may convey to charitable nonprofit organizations surplus personal property as it is determined by the City Council that the use to which the personal property will be put will be for the benefit of the general welfare IAdjmk0rd%0rd 2440,wpd 13 of the community in matters such as recreation, education, aid to the destitute, City beautification, or any other activity in which the City government may legitimately participate. The maximuni estimated value for said personal property shall not exceed twenty-five thousand dollars($25,000) and the organization accepting such persoqal property shall sign a statement and file it with the City Clerk that it accepts such,property on the condition that it will be used for the purpose designated by the City Council; that it shall not be used for any other purpose without permission of the City Council;and that if such property is ever diverted to other than a charitable use,the City may reclaim such property. 2.16,310 Conveving Surplus Personal Pronegy to Other Public Agencies. Notwithstanding any other provision of this>Chapter, the City Council may convey or sell without recourse to sealed bid or auction surplus personal property to otherpublic agencies including cities,counties,school districts,special districts and joint powers agencies as may be determined by the City Council. 2.16,320 Disposal of jLnclaimed Pro-oertv. Notwithstanding other provisions of this Chapter,unclaimed property in the possession of the Police Department held by the department for the period set forth in City ordinance(s) or state law for such property, if the true owners thereof do not make claim for their return in accordance with the provisions of Chapter 4,Division 3, of the California Civil Code, commencing at Section 20890,may be either retained by the City upon the finding that the property is needed for public use or maybe disposed of in accordance with the provisions set forth in this article for disposing of personal surplus property. 2.16.330 DiMosal of Bicycles. Notwithstanding other provisions of this Chapter, bicycles that have been lost or abandoned and recovered by police officers of the Police Department and held by the Department for the minimum time period set forth in City ordinance(s)or state law, may be disposed of by the City by either of the following methods: A. By auction; or B. By placing such bicycles with service club, charitable agencies, other government agencies concerned with the welfare of the poor and needy,or with needy individuals who are poor, needy, or disadvantaged." 1:\djm\Ord%Ord 2440.NNpd 14 Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. Mayor of the City of Redlands City ty Jerk"'6 - 6/0 1,Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was adopted by the City Council at a regular meeting thereof held on the 20thday of February, 21101,by the following vote: AYES: Councilmembers George, Freedman, Haws, Peppler; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None " Lon-WderkPoyzer, C1Vf cERnFICAVON R Lorrie Pow.City CWk of the City of Aedlartds.C#fihW11W do hweby cwtify that this is a true and eorrat copy of Orcmem*6�4ae VAUch h"bom subhOwd in Ow Wcal nwwspaper City CWk/ city of RodtOW&comallis Ddjm\0rd\0rd 2440mrpd 15