HomeMy WebLinkAboutOrdinances_2984[f]N]Ik1/V[]ai;L]" : A
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 2,
CHAPTER 2.16 OF THE REDLANDS MUNICIPAL CODE RELATING TO CITY
PURCHASING AND THE DISPOSITION OF SURPLUS PERSONAL PROPERTY
WHEREAS, Title 2, Chapter 2.16 ("City Purchasing and Disposition of Surplus
Personal Property") of the Redlands Municipal Code is periodically reviewed and updated
to reflect the evolving needs of the, City and changes in applicable laws; and
WHEREAS, Assembly Bill 2192 (Chapter 953, Statutes of 2024) revises the bid limit
thresholds under the California Uniform Public Construction Cost Accounting Act (CUPCCAA),
specifically amending Public Contract Code section 22032. These updates, recommended by the
California Uniform Construction Cost Accounting Commission (CUCCAC) and the State
Controller's Office, are intended to reflect inflationary cost increases and improve efficiency in
the delivery of public works projects; and
WHEREAS, this Ordinance update substantive revisions to the Public Project
-- ------Constriction Work;modify and modernize the City's general procurement practices for
inflationary impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES
ORDAIN AS FOLLOWS:
Section 1. Section 2.16.010 of Title 2, Chapter 2.16 of the Redlands Municipal Code, titled
' "Definitions," is hereby amended to amend the definition of "Small Purchase" to read as follows:
"SMALL PURCHASE: A onetime, noncompetitive purchase of goods or services, which totals
Seven Thousand Dollars ($7;000.00) or less. Each City department may issue a "short form"
purchase order for unanticipated and non -repetitive purchases, which cumulatively do not exceed
Forty Thousand Dollars ($40,000.00) per vendor, per fiscal year. Purchases shall not be split,
staged or separated into smaller units of work for the purpose of evading the competitive bidding
procedures or any other requirement of this chapter."
Section 2. Section 2.16.040 Subsection (N) of Title 2, Chapter 2.16 of the Redlands
Municipal Code, titled "Powers and Duties," is hereby amended to read as follows:
"N. Each year, on a quarterly basis, the Purchasing Agent, through the City Manager, shall
prepare and provide to the City Council a summary report of contracts awarded for Seventy Five
Thousand Dollars ($75,000.00) or less during such quarter and not previously approved by the
City Council."
Section 3. Section 2.16.110 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Competitive Procurement," is hereby amended to read as follows:
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"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 Seven Thousand Dollars ($7,000.00) or less;
C. When the City department director certifies, in writing, to the Purchasing Agent that
procurement can only be obtained from a sole source, or timely from a single source, and the
Purchasing Agent is satisfied that the best price, terms and conditions have been negotiated;
single or sole source procurement for goods, services or construction greater than Seven
Thousand Dollars ($7,000.00) and less than or equal to Forty Thousand Dollars ($40,000.00)
requires the approval of the City Manager, and approval of the City Council for single or sole
source procurement in excess of Forty Thousand Dollars ($40,000.00);
D. When competitively awarded, cooperative purchasing is available and undertaken, as
pursuant to section 2.16.210 of this chapter;
When the, goods, services or construction can be obtained from a contractor who offers the
same or better price, terms and conditions as the same contractor previously offered as the lowest
responsible bidder under competitive procurement or negotiations conducted by the City or
another public agency, provided that in the opinion of the Purchasing Agent, it is in the best
interests of the City to do so;
E. :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)."
Section 4. Section 2.16.130 Subsection (C) of Title 2, Chapter 2.16 of the Redlands
Municipal Code, titled "Emergency Procurement for Nonpublic Project," is hereby amended to
read as follows:
"C. Following the emergency procurement, a written report shall be made, within ten (10)
days of the purchase, by the Purchasing Agent to the City Manager for procurement between
Forty Thousand Dollars ($40,000.00) and Seventy Five Thousand Dollars ($75,000.00), and
through the City Manager to the City Council for procurement exceeding Seventy Five Thousand
Dollars ($75,000.00)."
Section 5. Section 2.16.140 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Public Project Construction Work," is hereby amended to read as follows:
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"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 ($25,000.00) shall state that a payment
bond is required from the successful bidder in an amount not less than one hundred percent
(100%) of the total amount payable pursuant to the public project contract. The payment bond
shall be in a form of a bond and not a deposit or other security in lieu of a bond. Prior to or
concurrent with the award of a contract for a public project, the City Engineer shall review and
approve the working details, drawings, plans, and specifications prepared for every public
project which may affect the design or operation of public improvements and which may bring
into question the City's liability for dangerous conditions of public property. The City Council
shall review and approve the working details, drawings, plans and specifications prepared for
every public project of more than Seventy Five Thousand Dollars ($75,000.00) prior to or
concurrent with the award of a contract for the public project.
A. A "public project" is defined in Public Contract Code section 22002 as any of the
following:
1..-Construction,_ reconstruction, erection, alteration, renovation, improvement, demolition
— -and repairworkinvolving any publicly owned, leased, or operated facility;
2. Painting or repainting of any publicly owned, leased or operated facility;
-- 3. - -In the case of publicly owned utility system, "public project" shall include only the
construction, erection, improvement or repair of dams, reservoirs, power plants, and electrical
transmissionlines of two hundred thirty thousand (230,000) volts and higher.
B. The contracting procedures and the dollar limits set forth in Public Contract Code section
22032 are as follows:
1. Seventy Five Thousand Dollars Or Less: Public projects of Seventy Five Thousand -
Dollars ($75000.00) or less may be performed by the employees of the City by force account, by
negotiated contract, or by purchase order.
2. Seventy Five Thousand One Dollars To Two Hundred Twenty Thousand Dollars: Public
projects having a contract value greater than Seventy Five Thousand Dollars ($75,001.00) and up
to Two Hundred Twenty Thousand Dollars ($220,000.00) may be let to contract by informal
bidding procedures as set forth in the Uniform Public Construction Cost Accounting Act and as
follows:
a. Contractors List: A list of qualified contractors shall be developed and maintained by
the Purchasing Agent in accordance with the provisions of section 22034 of the Public Contract
Code and any applicable criteria promulgated, from time to time, by the California Uniform
Construction Cost Accounting Commission.
b. Notice Inviting Informal Bids: When a public project is to be undertaken which is
subject to the provisions of this chapter, a notice inviting informal bids shall be mailed, faxed, or
emailed to all contractors for the category of work to be bid, as shown on the City's list of
qualified contractors and to all construction trade journals as specified by the California Uniform
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Construction Cost Accounting Commission in accordance with section 22036 of the Public
Contract Code. Additional contractors and/or construction trade journals may be notified at the
discretion of the City department responsible for undertaking the public project and soliciting
bids, provided, however:
(1) If there is not a list of qualified contractors maintained by the City for the particular
category of work to be performed, the notice inviting bids for the public project shall be sent
only to the construction trade journals specified by the commission.
(2) If the product or service comprising the public project is proprietary in nature such
that it may be obtained only from a certain contractor or contractors, the notice inviting informal
bids for the public project may be sent exclusively to such contractor or contractors.
c. Publicly Opened: Informal bids shall be publicly opened and/or received by the Office
of the City Cleric at the time and date specified by the Purchasing Agent or other City employee
when soliciting requests for informal bids.
3. Excess Of Two Hundred Twenty Thousand Dollars: If all bids received through the
informal bidding process are in excess of Two Hundred Twenty Thousand Dollars($220,000.00),
the City Council may; by adoption of a resolution by a four -fifths (4/5) vote, award the contract,
at two hundred twelve thousand five hundred dollars ($212,500.00) or less, to the lowest
- responsible bidder, if the City Council determines the cost estimate for the public project
originally made by the City was reasonable.
4. Two Hundred Twenty Dollars And Above: Public projects having a contract value of
more than Two Hundred Twenty Thousand Dollars ($220,000.00) shall, except as otherwise
provided in the Uniform Public Construction Cost Accounting Act, be let to contract by formal
bidding procedures.
-- 5. Awards: Award of purchase orders or contracts for public projects shall be as follows:
- — - -- ----- — - a.- Seventy Five Thousand Dollars($75,000.00) or less: Award shall be made by the City
Manager or the Purchasing Agent in the best interests of the City;
b. Greater than Seventy Five Thousand Dollars ($75,000.00) up to Two Hundred Twenty
Thousand ($220,000.00): Award shall be made by the City Council to the lowest responsible
bidder, pursuant to public projects informal bidding procedures;
c. Greater than Two Hundred Twenty Thousand Dollars ($220,000.00): Award shall be
made by the City Council to the lowest responsible bidder pursuant to public projects formal
bidding procedures, except as provided in, and in accordance with, subsection B3 of this section.
6. Change Order:
a. For public projects, the total of change orders shall not exceed twenty five percent
(25%) of the amount of the original contract. Change orders exceeding twenty five percent
(25%) of the original contract amount should be bid and awarded separately and approved in
relation to approval limits established in this section.
b. Change orders over Seventy Five Thousand Dollars ($75,000.00) should be approved
by City Council.
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7. Bond: A payment bond shall be required of a contractor that is awarded a public works
contract involving an expenditure in excess of Twenty -Five Thousand Dollars ($25,000.00). It is
reconumended to require performance bond as well.
8. Emergency Contracting Procedure:
a. "Emergency" as used in this section, means a sudden, unexpected occurrence that poses
a clear and imminent danger, requiring immediate action to prevent or mitigate the loss
or impairment of life, health, property, or essential public services as defined in Public
Contract Code section 1102. In cases of emergency when repair or replacements are
necessary the City Council may proceed at once to replace or repair any public facility
without adopting plans, specifications, strain sheets, or working details, or giving notice
to let bids for contracts. The work may be done by day labor under the direction of the
City Council, by contract, or by a combination of the two. The provisions of California
Public Contract Code section 22050, including, but not limited to, the requirement of a
four -fifths (4/5) vote of the City Council finding substantial evidence of an emergency
prior to taking emergency action, shall apply when notice forbids to let contracts in
emergency situations is not given. The City Council may delegate by resolution the
authority to order any action pursuant to paragraph (1) of subdivision (a) of California
Public Contract Code section 22050 to the City Manager, City Engineer, or other
- appropriate non -elected City officer."
Section 6. Section 2.16A60 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Bidding Requirements for Supplies, Materials, Equipment and Specialized Goods," is
hereby amended to read as follows:
"2.16.160: BIDDING REQUIREMENTS FOR SUPPLIES, MATERIALS, EQUIPMENT AND
SPECIALIZED GOODS:
A. Seven Thousand Dollars Or Less: Procurement of supplies, materials, equipment and
goods of Seven Thousand Dollars ($7,000.00) or less may be made by purchase order or contract
and executed by the Purchasing Agent or department director in the open market without the use
of competitive bidding.- The City Manager may direct the Purchasing Agent or department
director to employ competitive bidding for certain types of goods, nonprofessional services or
construction for amounts of Seven Thousand Dollars ($7,000.00) or less.
B. Seven Thousand One Dollars to Forty Thousand Dollars Procurement of supplies,
materials, equipment and goods of more than Seven Thousand Dollars ($7,000.00) but less than
or equal to Forty Thousand Dollars ($40,000.00) may be made by the Purchasing Agent in the
open market using an informal bidding procedure whereby informal bids or quotations are
obtained. Although less formal, procedurally, than formal procurement, procurement in the open
market shall be conducted by the Purchasing Agent in a manner and under circumstances
intended to elicit competitive informal bids. The Purchasing Agent shall obtain, or direct City
staff to obtain, informal bids from at least three (3) different bidders and shall maintain and keep
records of all open market procurements, including informal bids received, in accordance with
the City's records retention schedule. Award shall be made by the Purchasing Agent to the lowest
responsible bidder.
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C. Forty Thousand One Dollars To Seventy Five Thousand Dollars: Procurement of supplies,
materials, equipment and goods of more than Forty Thousand Dollars ($40,000.00) but less than
Seventy Five Thousand Dollars ($75,000.00) may be made by the Purchasing Agent in the open
market using an informal bidding procedure whereby informal bids or quotations are obtained.
Although less formal, procedurally, than formal procurement, procurement in the open market
shall be conducted by the Purchasing Agent in a manner and under circumstances intended to
elicit competitive informal bids. The Purchasing Agent shall obtain, or direct City staff to obtain,
informal bids from at least three (3) different bidders and shall maintain and keep records of all
open market procurements, including informal bids received, in accordance with the City's
records retention schedule. Award shall be made by the City Manager to the lowest responsible
bidder.
D. Seventy Five Thousand Dollars And Above: Procurement of supplies, materials,
equipment and goods of more than Seventy Five Thousand Dollars ($75,000.00) shall be made
by using formal procurement as required by section 2.16.120 of this chapter. Award shall be
made by the City Council to the lowest responsible bidder.
E. "No Cost" Procurement: Procurement of services which results in no expenditure of funds
by the City and instead results in the City receiving remuneration from the service provider shall
be made in accordance with the procedures described in this section based upon the estimated
amount of remuneration the City will receive from the service provider during the term, and any
extensions thereof, of the contract with the service provider.
F, Purchase Through Auction: From time to time, the City may procure goods through
--auction when such are offered up for bid, and which are subject to any limitations imposed by
State or -Federal law. Prior toparticipatingin an auction, City staff shall inform the Purchasing
Agent and department director and shall prepare and provide a written justification describing
the goods sought, estimated cost, and the not to exceed budgeted amount proposed to be spent at
the auction, and obtain approval per the procurement limits established in this section,"
- - -- - - - Section 7. ---Section 2:16,180 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Professional Services," is hereby amended to read as follows:
"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 not adopting the formal procedures specified within
Government Code section 4525 et seq. A request for proposal and/or statement of qualifications
shall be prepared by the initiating City department, and proposal requests solicited, where
practical, from at least three (3) professional service providers.
B. Other Professional Services: Except as may otherwise be provided in this Code or as may
be required by State or Federal law, the retention of other professional services of individuals or
organizations exercising professional discretion and judgment based upon advanced or
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specialized knowledge, expertise or training, gained by formal study or experience, shall be
based upon both the demonstrated competence and on the professional qualifications necessary
for the satisfactory performance of the services required, and the cost for such services. A
request for sealed proposals and/or statement of qualifications, for formal RFPs, and a request for
a separate, sealed proposal for the cost for the performance of the services, shall be prepared by
the initiating City department. Proposals shall be solicited, when practical, from at least three (3)
professional service providers. The negotiations associated with the award of a contract for
services identified in this subsection shall occur as follows: Upon receipt of the proposals, the
initiating City department shall first determine and identify those persons or organizations that
are qualified to perform the services and shall rank such persons and organizations based on their
demonstrated competence and professional qualifications deemed necessary for the satisfactory
performance of the services required. Second, the cost proposals submitted by all the qualified
persons and organizations shall be reviewed. Third, negotiations shall be undertaken with the
person or organization ranked most qualified in an attempt to secure the services at a cost
equivalent to the lowest cost offered to the City by the qualified persons and organizations. If the
_-- _ person or organization ranked most qualified is unwilling to provide the services at a cost
equivalent to such lowest cost: l) 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 beterminated _and -the initiating City department may undertake similar negotiations with
the other qualified persons and organizations in order of rank.
1. Seven Thousand Dollars Or Less: Procurement of professional services of seven
thousand dollars ($7,000.00) or less may be solicited by informal RFP and awarded by purchase
order or contract, executed by the department director or Purchasing Agent, in the open market
- - by negotiation without the use of competitive bidding given the price is fair and reasonable. The
City Manager may direct the Purchasing Agent or department director to employ competitive
solicitation, on a case by case basis, for certain types of services for amounts of Seven Thousand
Dollars ($7,000.00) or less.
2. Seven Thousand One Dollars To Forty Thousand Dollars: Procurement of professional
services of more than Seven Thousand Dollars ($7,000.00) and up to Forty Thousand Dollars
($40,000.00) may be awarded by the Purchasing Agent using an informal RFP. Although less
formal, procedurally, than formal procurement, procurement in the open market shall be
conducted in a manner and under circumstances intended to elicit competitive informal
proposals. The Purchasing Agent shall obtain, or direct City staff to obtain, informal proposals
from at least three (3) different vendors and shall maintain and keep records of all open market
procurements, including informal proposals received, in accordance with the City's records
retention schedule. Award shall be made by the Purchasing Agent or the City Manager to the
highest ranked proposer.
3. Forty Thousand One Dollars To Seventy Five Thousand Dollars: Procurement of
professional services of more than Forty Thousand Dollars ($40,000.00) and up to Seventy Five
Thousand Dollars ($75,000.00) may be awarded by the City Manager using an informal RFP.
Although less formal, procedurally, than formal procurement, procurement in the open market
shall be conducted in a manner and under circumstances intended to elicit competitive informal
proposals. The Purchasing Agent shall obtain, or direct City staff to obtain, informal proposals
I:\Ordinances\Nos 2900-2999 in Word2984 Amending Chapter 2.16 Purchasing - Adoption.doex-ins
from at least three (3) different vendors and shall maintain and keep records of all open market
procurements, including informal proposals received, in accordance with the City's records
retention schedule. Award shall be made by the City Manager to the highest ranked proposer.
4. Seventy Five Thousand One Dollars And Above: Procurement of services of more than
Seventy Five Thousand One Dollars ($75,001.00) shall be made by using formal RFP. A request
for sealed proposals and/or statement of qualifications, including a request for a separate, sealed
proposal for the cost for the performance of the services, shall be prepared by the initiating City
department. Proposals shall be solicited, when practical, from at least three (3) professional
service providers. Upon receipt of the proposals, the initiating City department shall first
determine and identify those persons or organizations that are qualified to perform the services
and shall rank such persons and organizations based on their demonstrated competence and
professional qualifications deemed necessary for the satisfactory performance of the services.
Second, the cost proposals submitted by all of the qualified persons and organizations shall be
opened and reviewed. Third, negotiations shall be undertaken with the person or organization
ranked most qualified in an attempt to secure the services at the lowest, fair and reasonable cost.
If the person -or organization ranked most qualified is unwilling to provide the services at the
lowest, fair and reasonable cost, negotiations with the most qualified person or organization may
- be terminated, and the initiating City department may undertake similar negotiations with the
other qualified persons and organizations in order of rank.
C. Award Of Contracts: Professional services contracts shall be awarded by the department
director, Purchasing Agent City Manager or City Council, as appropriate, based upon the dollar
limits specified in this section."
Section_8._-_,_Section 2.16.200 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Change Orders," is hereby amended to read as follows:
"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 Seventy Five Thousand Dollars ($75,000.00),
which if not previously approved by the City Council, must then be so approved. Any change
order that increases a purchase order or contract by fifty percent (50%) or more of the original
value requires City Manager approval for purchase orders or contracts totaling less than or equal
to Seventy Five Thousand Dollars ($75,000.00) and City Council approval for those totaling
Seventy Five Thousand Dollars ($75,000.00) or more. The City Manager may request City
Council approval for the former, if he or she believes it is in the best interests of the City to do
so."
Section 9. Section 2.16.220 Subsection (D) of Title 2, Chapter 2.16 of the Redlands
Municipal Code, titled "Business Preferences," is hereby amended to read as follows:
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"D. Change In Preferences: The local business and County business preferences established
by this Chapter shall terminate on December 31, 2026. Commencing on January 1, 2027, to
further promote business retention within the city and the economic health of the city and to
encourage local participation in the procurement process, the Purchasing Agent, in determining
the lowest responsible bidder for contracts for supplies, materials, equipment and specialized
goods having a value of Forty Thousand Dollars ($40,000.00) or less, may take into
consideration the one percent (1 %) sales tax which would be returned to the city as a result of the
bid award. For procurement where sales tax would not be generated as a result of the bid award
and where the quality and price are equal to another bidder or bidders, the local vendor may be
given the bid award."
Section 10. Section 2.16.260 of Title 2, Chapter 2.16 of the Redlands Municipal
Code, titled "Federal Requirements," is hereby amended to read as follows:
"2.16.260: EXTERNAL RESTRICTIONS:
Some purchases may be subject to the terms and conditions of various codes, statutes and
agreements of other governmental entities in connection with Federal and State grants. If any
section, subsection subdivision, sentence, clause or phrase of this chapter conflicts with any
Federal or State requirements mandated for any grant funded procurement, the applicable
Federal or State requirements shall apply to that procurement."
Section 11. - Section 2.16.280 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Commercial Entertainment/Excursions and Competition," is hereby amended to read as
follows:
"2.16.280: COMPETITIVE PROCUREMENT EXCEPTIONS:
A. COMMERCIAL ACTIVITY/ ENTERTAINMENT/EXCURSIONS AND
COMPETITION:
Commercial activity-entertainment/excursions provided by the City's Recreation_ Division to the
general public maybe purchased noncompetitively by group, instructor, act name or tour agency.
The negotiated prices must be at the lowest obtainable prices based on the particulars of
performance/services desired. Transportation services shall be acquired by way of the
competitive bidding process, unless it is an intrinsic part of the excursion as determined by the
Purchasing Agent. Revenue generating agreements and Purchase Orders may be approved by the
City Manager, without the prior approval of the City Council.
B. CYBER SECURITY:
The City Manager may enter into contracts for the procurement of cybersecurity-related
hardware, software, and services, including but not limited to firewalls, intrusion detection and
prevention systems, encryption tools, endpoint protection, secure access solutions, cybersecurity
consultants, threat monitoring and response services, penetration testing, forensic investigations,
and other individuals or entities possessing specialized knowledge in cybersecurity, without the
prior approval of the City Council and without adherence to the procedures set forth in the city's
standard purchasing ordinance." .
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Section 12. Section 2.16.300 of Title 2, Chapter 2.16 of the Redlands Municipal Code,
titled "Sale in Open Market of Surplus Personal Property," is hereby amended to read as follows:
"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
Seven Thousand Dollars ($7,000.00), may be disposed of in the following manner: The
Purchasing Agent shall snake an investigation of the market conditions of personal property of
the type declared surplus and determine prices for all surplus property, which, in his/her opinion,
will be competitive with prices in the open market. The Purchasing Agent may then sell such
personal property at such prices by advertising in the most appropriate means, which, in his or
her opinion, will bring the greatest number of potential purchasers to include sales on a
consignment basis. He or she shall cause to be published at least once, at least three (3) days
before such sale, in a newspaper of general circulation, published and distributed in the City, or
posted on the City's website, a notice of the sale setting forth the day it shall begin; the number
of days it is to be continued, if it is to last more than one day; the place where the articles may be
--examined;- the 'place where the purchase price is to be paid and the property delivered; and a
general description of the type of property being sold. The terms of all such sales shall be cash in
the amount of the full purchase price. The Purchasing Agent shall give a receipt to the purchaser
of such property and keep a copy for the official files, and shall forward a copy of such receipt to
the Finance Department, Revenue Division, together with the money so collected from the buyer.
The Revenue Division shall receive and deposit such money and shall forward the information to
- the Finance Director who shall credit the money received from the sale of such property to the
appropriate fund account."
Section 13. - Section 2.16.310 of Title 2, Chapter 2.16 of the Redlands Municipal
Code, titled "Sale By Bid or Auction of Surplus Personal Property," is hereby amended to read
as follows:
"2.16.310: SALE BY 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 Seven Thousand Dollars ($7,000.00) or more,
and may, in the sale of all other personal property, where, in his or her discretion, he or she
determines it is in the best interest of the City, sell surplus personal property by means of sealed
or electronic bid or public auction. In conducting an auction, the Purchasing Agent may contract
with a professional auctioneer or online auction service, for either a flat or hourly fee, or a
percentage of the amount of the sale, based upon that which is the common and customary
method and rate for such auctioneering services. The procedure for conducting such sale shall be
determined by the Purchasing Agent; provided, however, that the following are included in such
procedure:
A. For personal property having a value of Seven Thousand Dollars ($7,000.00) or more, at
least three (3) days before the sale, notice shall be published in a newspaper of general
circulation published and distributed in the City, or posted on the City's website, containing a
general description of the type of property to be sold and the time and place of such bid opening
or auction.
B. That the terms of all sales shall be cash.
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C. The sale by sealed or electronic bid or auction shall be to the highest responsible bidder.
D. That a receipt be given to the purchaser and a copy of such receipt, together with the
money received, be deposited with the Finance Department, Revenue Division, and that the
Finance Director shall credit such funds to the appropriate fund account."
Section 14. Severability. If any section, sentence, clause or phrase of this ordinance or
the application thereof to any entity, person or circumstance is held for any reason to be invalid
or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provisions or
application, and to this end the provisions of this ordinance are severable. The City Council of
the City of Redlands hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 15. 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 a
newspaper of general circulation within the City, and thereafter, this ordinance shall take effect
in accordance with law.
_r
Maria Saucedo,May—or
ATTEST:
Q�� Ob"�
ea e Donaldson, City Clerk
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P Ordinances\Nos 2900-2999 in Word12984 Amending Chapter 2.16 Purchasing - Adoption.doex-ms
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the 15th day
of July, 2025.
AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES: None
ABSTAIN: None
ABSENT: None
JeaafODonaldson, City Clerk
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I:IOrdinanceMos 2900-2999 in Word12984 Amending Chapter 2.16 Purchasing - Adoption.docx-ms