HomeMy WebLinkAboutOrdinances_2797_CCv0001.pdf ORDINANCE NO. 2797
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS 2.15
AND 2.16 OF THE REDLANDS MUNICIPAL CODE RELATING TO THE
EXECUTION OF CITY DOCUMENTS AND THE CITY'S REGULATIONS
GOVERNING CITY PURCHASING AND THE DISPOSITION OF SURPLUS
PERSONAL PROPERTY, RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 2.15 of the Redlands Municipal Code, entitled "Execution of City
Documents,"is hereby amended to read as follows:
"Chapter 2.15
EXECUTION OF DOCUMENTS
2.15.010: EXECUTION OF DOCUMENTS:
2.15.020: CITY ATTORNEY SUPPORT SERVICES:
2.15.030: LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT:
2.15.040: EXECUTION OF AIRCRAFT TIE DOWN PERMITS:
2.15.010: EXECUTION OF DOCUMENTS:
A. All demands drawn on the city treasurer, all written contracts and conveyances made or
entered into by the city, and all instruments requiring the city seal may be signed by the
mayor, the mayor pro tem, or any member of the city council in such order of availability.
B. Notwithstanding subsection A of this Section, to facilitate the daily operations of the City,
the City Council,may, from time to time,by resolution or minute action, authorize the City
Manager,or the City Manager's authorized designee, to execute contracts and other written
instruments and authorizations on behalf of the City.
2.15.020: CITY ATTORNEY SUPPORT SERVICES: The city attorney,with the consent of the
city manager,may enter into professional services contracts for the retention of special legal
counsel to the city, consultants having expertise in the subject matter of the litigation,expert
witnesses, appraisers and other persons with specialized knowledge without the prior approval of
the city council. Such contracts shall be executed by the mayor,the mayor pro tem,or any
member of the city council in such order of availability as provided for in section 2.15.010 of
this chapter.To the extent the contracts are discloseable public records under the California
public records act contained in Government Code section 6250 et seq., such contracts shall be
filed with and maintained in the office of the city clerk.
2.15.030: LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT: To facilitate the
daily operations of the city, the city manager is hereby authorized to execute, and enter into in
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behalf of the city,waivers of liability and "hold harmless" agreements without the prior approval
of the city council. Such agreements shall be subject to the review and approval of the city
attorney prior to their execution by the city manager.
2.15.040: EXECUTION OF AIRCRAFT TIE DOWN PERMITS: To facilitate the daily
operations of the Redlands municipal airport, the city manager, or his or her designee,is
authorized to enter into, and execute in behalf of the city, aircraft tie down permits for the
Redlands municipal airport, without the prior approval of the city council. Such permits shall be
subject to the review and approval of the city attorney prior to their execution by the city
manager."
Section 2. Chapter 2.16 of the Redlands Municipal Code, entitled"City Purchasing and
Sale of Surplus Personal Property Policies,"is hereby amended to read as follows:
"Chapter 2.16
CITY PURCHASING AND DISPOSITION OF SURPLUS PERSONAL
PROPERTY POLICIES
2.16.010: DEFINITIONS:
2.16.020: PURCHASING SYSTEM:
2.16.030: PURCHASING AGENT:
2.16.040: POWERS AND DUTIES:
2.16.050: PURCHASING STANDARDS AND ETHICS:
2.16.060: CONFLICT OF INTEREST:
2.16.070: GRATUITIES:
2.16.080: PURCHASE REQUISITION:
2.16.090: PURCHASE ORDER:
2.16.100: ENCUMBRANCE OF FUNDS:
2.16.110: COMPETITIVE PROCUREMENT:
2.16.120: FORMAL PROCUREMENT:
2.16.130: EMERGENCY PROCUREMENT:
2.16.140: PUBLIC PROJECT CONSTRUCTION WORK:
2.16.150: NON-PUBLIC PROJECT IMPROVEMENT WORK
2.16.160: BIDDING REQUIREMENTS FOR SUPPLIES, MATERIALS, EQUIPMENT AND
GOODS:
2.16.170: "BEST VALUE"FOR SPECIALIZED GOODS, SERVICES AND NON-PUBLIC
PROJECT IMPROVEMENT WORK:
2.16.180: PROFESSIONAL SERVICES:
2.16.190: NONPROFESSIONAL SERVICES:
2.16.200: CHANGE ORDERS:
2.16.210- COOPERATIVE PURCHASING:
2.16.220: BUSINESS PREFERENCES:
2.16.230: AUTHORIZATION TO EXECUTE CONTRACTS:
2.16.240: STANDARDIZATION OF EQUIPMENT/SUPPLIES:
2.16,250: INSURANCE REQUIREMENTS:
2.16.260: FEDERAL REQUIREMENTS:
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2.16.270: RESALE ITEMS:
2.16.280: COMMERCIAL ENTERTAINMENT/EXCURSIONS AND COMPETITION:
2.16.290: DESIGNATION OF SURPLUS PERSONAL PROPERTY:
2.16.300: SALE IN OPEN MARKET OF SURPLUS PERSONAL PROPERTY:
2.16.310: SALE BY SEALED BID OR AUCTION OF SURPLUS PERSONAL PROPERTY:
2.16.320: TRADE IN SUR-PLUS PERSONAL PROPERTY:
2.16.330: SALE OF UNSERVICEABLE JUNK OR SCRAP PERSONAL PROPERTY:
2.16.340: SALE OF SURPLUS PERSONAL PROPERTY TO PUBLIC AGENCIES AND
NONPROFIT ORGANIZATIONS:
2.16.350: DISPOSAL OF UNCLAIMED PROPERTY:
2.16.360: DISPOSAL OF BICYCLES:
2.16.010: DEFINITIONS: 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 anticipated and repetitive purchases of goods or services by authorized personnel for a
specified time not to exceed twelve(12)months. An annual 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 the amount of the
bond or deposit.
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,price or scope of goods, services or construction being provided. For public
projects, change orders shall not exceed twenty five percent(25%) of the amount of the original
contract.
CITY MANAGER: The city manager for the city, or his or her designee.
COMPETITIVE PROCUREMENT: A process whereby formal bids,by formal procurement, or
informal bids,by 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.
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CONSTRUCTION: The process of building, altering, repairing, improving or demolishing any
public structure or building, or other public improvement of any kind to any public real property.
It does not include routine operation,maintenance or repair of existing structures,buildings or
real property by the city's own forces. "Construction" shall also include "public project" as
defined in section 20161 of the California Public Contract Code.
CONTRACT: Any type of legally recognized agreement to provide goods, services or
construction including purchase orders.
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.
1. 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.
0. Utility charges.
P. Water stock payments.
Q. Other limited payments as approved by the finance director or city manager.
EMERGENCY PURCHASE: A purchase made without following the normal purchasing
procedures or using competitive procurement, in order to obtain goods, services or construction
to meet an urgent and previously unexpected requirement where public health and safety or the
conservation of public resources is at risk.
EQUIPMENT: Personal property of a durable nature which retains its identity throughout its
useful life.
FORMAL BID:A written bid which shall be: (a) solicited through published notice in a
newspaper of general circulation in the city; (b) submitted in a sealed envelope in conformance
with a city prescribed format and procedure; (c)publicly opened, read and recorded at the office
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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 RFP's must require sealed proposals with cost
proposals submitted in a separate, sealed envelope, in accordance with section 2.16.170.
Formal RFP's 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 Uniform 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 RFP's may require unsealed proposals and may be submitted by
letter, facsimile,email or other written means. Informal RFP's 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 sealed 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.
OPEN MARKET: The private sector business marketplace in which private persons,exercising
prudent business practices and judgment, procure goods, services or construction utilizing an
informal bid submitted by bidders from the open market.
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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.
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.A service contract may be either nonpersonal or a personal contract. 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"
1
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
five thousand dollars($5,000.00)or less. Each city department may issue a"short form"
purchase order for unanticipated and non-repetitive purchases, which cumulatively do not exceed
thirty thousand dollars($30,000.00)per vendor, per fiscal year. Purchases shall not be split,
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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.
2.16.020: PURCHASING SYSTEM: 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.
2.16.030: PURCHASING AGENT: 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.
2.16.040: POWERS AND DUTIES: 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.
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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.
A 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 fifty
thousand dollars ($50,000.00)or less during such quarter and not previously approved
by the city council.
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0. Perform such other duties as may be imposed by the city council or city manager.
2.16.050: PURCHASING STANDARDS AND ETHICS: 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 representatives' 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.
2.16.060.- CONFLICT OF INTEREST: 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 wider 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.
2.16.070: GRATUITIES: 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 this chapter.
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2.16.080: PURCHASE REQUISITION: 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. In the case of services, the requisition shall be in sufficient detail to permit
competition if reasonably possible. 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.
2.16.090: PURCHASE ORDER: 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.
2.16.100: ENCUMBRANCE OF FUNDS: 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.
2.16.110: COMPETITIVE PROCUREMENT: 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 five thousand dollars ($5,000.00)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 five thousand dollars($5,000.00)and less than or equal to thirty thousand
dollars($30,000.00)requires the approval of the city manager, and approval of the city
council for single or sole source procurement in excess of thirty thousand dollars
($30,000.00);
D. When competitively awarded, cooperative purchasing is available and undertaken, as
pursuant to section 2.16.200 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
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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).
2.16.120: FORMAL PROCUREMENT: 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,purchases and contracts for goods, services
and non-public 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. 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.
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, 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: Sealed bids shall be submitted to the city clerk 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
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lowest bidder is awarded the contract/purchase order. Such list shall be available for
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. Tic 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 tic 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.
2.16.130: EMERGENCY PROCUREMENT: 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:
I. 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.
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B. Emergency procurement may be initiated by a city department director or his or her
duly authorized representative as follows:
I. 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 therefore, 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 non-nal 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 thirty thousand dollars ($30,000.00) and fifty thousand dollars($50,000.00),
and through the city manager to the city council for procurement exceeding fifty
thousand dollars ($50,000.00).
2.16.140: PUBLIC PROJECT CONSTRUCTION WORK: 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)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 fifty thousand
dollars ($50,000)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:
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1. Construction, reconstruction, erection, alteration, renovation, improvement,
demolition and repair work involving any publicly owned, ]eased, 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:
I. Public projects of forty five thousand dollars ($45,000.00) or less may be
performed by the employees of the city by force account,by negotiated contract or by purchase
order.
2. Public projects having a contract value greater than forty five thousand dollars
($45,000.00)and up to one hundred seventy five thousand dollars ($175,000.00)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 those city departments undertaking public projects 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
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.
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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. If all bids received through the informal bidding process are in excess of one
hundred seventy five thousand dollars($175,000.00), the city council may, by adoption of a
resolution by a four-fifths vote, award the contract, at one hundred eighty seven thousand five
hundred dollars($187,500.00)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. Public projects having a contract value of more than one hundred seventy five
thousand dollars($175,000.00) shall, except as otherwise provided in the uniform public
construction cost accounting act,be let to contract by formal bidding procedures.
5. Award of purchase orders or contracts for public projects shall be as follows:
a. Forty five thousand dollars ($45,000.00)or less: Award shall be made by
the purchasing agent in the best interests of the city;
b. Greater than forty five thousand dollars($45,000.00) up to fifty thousand
dollars ($50,000.00): Award shall be made by the city manager to the lowest responsible bidder,
pursuant to public projects informal bidding procedures;
C. Greater than fifty thousand dollars ($50,000.00)up to one hundred seventy
five thousand dollars($175,000.00): Award shall be made by the city council to the lowest
responsible bidder,pursuant to public projects informal bidding procedures;
d. Greater than one hundred seventy five thousand dollars($175,000.00):
Award shall be made by the city council to the lowest responsible bidder pursuant to public
projects' formal bidding procedures.
2.16.150: NON-PUBLIC PROJECT IMPROVEMENT WORK: Procurement for non-public
project improvement work is not subject to the requirements of the Public Contract Code and
shall be made in accordance with the provisions of section 2.16.140 B of this chapter, as,
permitted by Public Contract Code section 22003.
A. Non-public 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 street and highways at less than one inch (I");
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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 non-public project improvement work
having a value in excess of twenty five thousand dollars ($25,000) shall state that a payment
bond is required. The payment bond shall comply with the requirements of Civil Code
section 9554.
2.16.160: BIDDING REQUIREMENTS FOR SUPPLIES, MATERIALS, EQUIPMENT AND
SPECIALIZED GOODS:
A. Five Thousand Dollars Or Less: Procurement of supplies,materials,equipments and
goods of five thousand dollars ($5,000.00) or less may be made 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 five thousand dollars ($5,000.00) or less.
B. Five Thousand One Dollars To Thirty Thousand Dollars: Procurement of supplies,
materials, equipment and goods of more than five thousand dollars($5,000.00)but less
than or equal to thirty thousand dollars ($30,000.00)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. Thirty Thousand One Dollars To Fifty Thousand Dollars: Procurement of supplies,
materials,equipment and goods of more than thirty thousand dollars($30,000.00)but
less than or equal to fifty thousand dollars ($50,000.00)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.
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D. Fifty Thousand One Dollars And Above: Procurement of supplies,materials,
equipment and goods of more than fifty thousand dollars ($50,000.00) 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.
2.16.170: "BEST VALUE"FOR SPECIALIZED GOODS,NONPROFESSIONAL SERVICES,
AND NON-PUBLIC PROJECT IMPROVEMENT WORK: From time to time, City may
procure specialized goods, nonprofessional services and non-public 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 non-public 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 non-public
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 of other public agency that the
proposer has submitted a fraudulent proposal or bid 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 non-public project construction.
2.16.180: PROFESSIONAL SERVICES:
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
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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 services 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, and for formal RFPs, 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 opened and 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. Five Thousand Dollars Or Less: Procurement of professional services of five
thousand dollars ($5,000.00)or less may be solicited by informal RFP and
awarded by the Department Director 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 five thousand dollars($5,000.00) or less.
2. Five Thousand One Dollars to Thirty Dollars: Procurement of professional
services of more than five thousand dollars($5,000.00) and up to thirty thousand
dollars($30,000)may be awarded by the purchasing agent using an informal
RFP. Although less formal, procedurally,than formal procurement,procurement
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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. Thirty Thousand One Dollars To Fifty Thousand Dollars: Procurement of
professional services of more than thirty thousand dollars ($30,000.00) and up to
fifty thousand dollars ($50,000.00)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. Fifty Thousand One Dollars and Above: Procurement of services of more than
fifty thousand dollars ($50,000.00) 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 person 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 section 2.16.160 of this chapter.
2.16.190:NONPROFESSIONAL SERVICES: Nonprofessional services shall be retained on the
basis of competitive procurement in accordance with section 2.16.160 of this chapter,or section
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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 or
supplies, systems, equipments; (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 (labor code section 1770 et seq.)
and bond(Civil Code section 9554).
2.16.200: CHANGE ORDERS: 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 fifty thousand
dollars ($50,000.00),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 fifty thousand dollars ($50,000.00) and city council approval for
those totaling fifty thousand dollars ($50,000.00) 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.
2.16.210: COOPERATIVE PURCHASING: 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.
2.16.220: BUSINESS PREFERENCES: In administration of competitive procurement pursuant
to this chapter,the purchasing agent shall be authorized to give such preferences for goods,
services or construction 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 Participation: To 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 goods,
services or non-public project improvement work having a value of less than thirty
thousand dollars ($30,000.00),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.
B. City Business Preference: To further promote business retention within the city and the
economic health of the city and to encourage local business participation in the
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procurement process, the purchasing agent, in determining the lowest responsible
bidder for contracts for goods, services or non-public project improvement work having
a value of thirty thousand dollars ($30,000.00) or more, and for public project contracts
having a value of forty five thousand dollars ($45,000.00) or less,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.
C. County 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 goods,
services or non-public project improvement work having a value of thirty thousand
($30,000.00)dollars or more, and for public project contracts having a value of forty
five thousand dollars($45,000.00)or less, 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.
D. 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 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.
E. Application To Nonprofessional Services Proposals: When applying the local business
preference or county business preference to a proposal, the purchasing agent shall apply
the preference in the form of additional points to the proposal's final score such that the
score awarded to a proposal submitted by a local business or county business is
increased by eight percent(8%) of the total possible evaluation points.
F. Change In Preferences: The local business and county business preferences established
by this section shall terminate on December 31, 2015. Commencing on January 1,
2016,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 goods, services or
construction having a value of less than thirty thousand dollars($30,000.00),may
continue to take into consideration the one percent(I%) 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.
G. Recycled Goods: Whenever practicable, all city departments shall use recycled content
products and recycled materials to meet their needs and the city shall require its contractors and
consultants to use recycled content products in fulfilling contractual obligations whenever
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practicable. All other considerations being equal, preference shall be given to the purchase of
products with the highest postconsumer content,
2.16.230: AUTHORIZATION TO EXECUTE CONTRACTS: 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 and
purchasing agent, 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.
2.16.240: STANDARDIZATION OF EQUIPMENT/SUPPLIES: 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.
2.16.250: INSURANCE REQUIREMENTS: 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.
2.16.260: FEDERAL REQUIREMENTS: If any section, subsection, subdivision, sentence,
clause or phrase of this chapter conflicts with any federal requirements mandated for any grant
funded procurement,the applicable federal requirements shall apply to that procurement.
2.16.270: RESALE ITEMS: 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.
2.16.280: COMMERCIAL ENTERTAINMENT/EXCURSIONS AND COMPETITION:
Commercial entertainment/excursions provided by the city's recreation division 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.
2.16.290: DESIGNATION OF SURPLUS PERSONAL PROPERTY: 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.
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2.16.300: SALE IN OPEN MARKET OF SURPLUS PERSONAL PROPERTY: Surplus city
property in usable condition, if each individual item's estimated value is less than five thousand
dollars ($5,000.00),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, 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 fall 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.
2.16.310: SALE BY SEALED BID OR AUCTION OF SURPLUS PERSONAL PROPERTY:
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 five thousand dollars ($5,000.00)or more, and
may, in the sale of all other personal property, where, in his or her discretion,he or she
determines it in the best interest of city, sell surplus personal property by means of sealed bid or
public auction. In conducting an auction,the purchasing agent may contract with a professional
auctioneer or online auction service, 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. The procedure for conducting such sale shall be
determined by the purchasing agent; provided, however, that the following are included in such
procedure:
A. At least one notice, three(3)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 opening or auction.
B. That the terms of all sales shall be cash.
C. The sale by sealed 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.
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2.16.320: TRADE IN SURPLUS PERSONAL PROPERTY: 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 pe 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.
2.16.330: SALE OF UNSERVICEABLE JUNK OR SCRAP PERSONAL PROPERTY: When
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 regard to the other provisions of this chapter.
2.16.340: SALE OF SURPLUS PERSONAL PROPERTY TO PUBLIC AGENCIES AND
NONPROFIT ORGANIZATIONS: 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.
2.16.350: DISPOSAL OF UNCLAIMED PROPERTY: 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.
2.16.360: DISPOSAL OF BICYCLES: 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."
Section 3. The City Council hereby determines that the adoption of this Ordinance is
exempt from review under the California Environmental Quality Act("CEQX)pursuant to
State CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no
possibility that the adoption of this ordinance may have a significant effect on the environment.
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Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall 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 as provided by law.
A A
J
Pete Aguil'ir, Mayor
ATTEST:
Sam Irwin, ity'Clerk
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1, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 18th day of March, 2014,
by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSTAIN: None
ABSENT: None
Sam Irwin, City Clerk-,"'
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