Chapter 2.25
Contract Review Board
Sections:
2.25.020 Application of public contracting regulations.
2.25.030 Regulation by City Council.
2.25.050 Authority of Purchasing Manager.
2.25.060 Public contracts – Definitions.
2.25.070 Process for approval of special solicitation methods and exemptions.
2.25.080 Solicitation methods for classes of contracts.
2.25.100 Informal solicitation procedures and qualified pools.
2.25.110 Use of brand name specifications for public improvements.
2.25.120 Public contracts – Amendments.
2.25.130 Bid, performance and payment bonds.
2.25.140 Electronic advertisement of public contracts.
2.25.150 Protests and appeals.
2.25.010 City policy.
A. Short Title. The provisions of this chapter and all rules adopted under this chapter may be cited as the City of Brownsville’s public contracting regulations.
B. Purpose of Public Contracting Regulations. It is the policy of the City in adopting the public contracting regulations to utilize public contracting practices and methods that maximize the efficient use of public resources and the purchasing power of public funds by:
1. Promoting impartial and open competition;
2. Using solicitation materials that are complete and contain a clear statement of contract specifications and requirements; and
3. Taking full advantage of evolving procurement methods that suit the contracting needs of the City as they emerge within various industries.
C. Interpretation of Public Contracting Rules. In furtherance of the purpose of the objectives set forth in subsection (B) of this section, it is the City’s intent that the City of Brownsville public contracting regulations be interpreted to authorize the full use of all contracting powers and authorities described in ORS chapters 279A, 279B and 279C. [Ord. 692 § 1, 2005.]
2.25.020 Application of public contracting regulations.
In accordance with ORS 279A.025, the City’s public contracting regulations and the Oregon Public Contracting Code do not apply to the following classes of contracts.
A. Between Governments. Contracts between the City and a contracting agency, or between the City and an agency of the federal government.
B. Grants, But Not the Expenditure of Grant Funds. A grant contract is an agreement under which the City is either a grantee or a grantor of moneys, property or other assistance, including loans, loan guarantees, credit enhancements, gifts, bequests, commodities or other assets, for the purpose of supporting or stimulating a program or activity of the grantee and in which no substantial involvement by the grantor is anticipated in the program or activity other than involvement associated with monitoring compliance with grant conditions. The making or receiving of a grant is not a public contract subject to the Oregon Public Contracting Code; however, the expenditure of any grant received by the City is subject to these regulations and the expenditure of grants made by the City to construct a public improvement or public works project is subject to these public contracting regulations.
C. Legal Witnesses and Consultants. Contracts for professional or expert witnesses or consultants to provide services or testimony relating to existing or potential litigation or legal matters in which the City is or may become interested.
D. Real Property. Acquisitions or disposals of real property or interests in real property.
E. Textbooks. Contracts for the procurement or distribution of textbooks.
F. Oregon Corrections Enterprises. Procurements from an Oregon Corrections Enterprises Program.
G. Finance. Contracts, agreements or other documents entered into, issued or established in connection with:
1. The incurring of debt by the City, including any associated contracts, agreements or other documents, regardless of whether the obligations that the contracts, agreements or other documents establish are general, special or limited;
2. The making of program loans and similar extensions or advances of funds, aid or assistance by the City to a public or private person for the purpose of carrying out, promoting or sustaining activities or programs authorized by law other than for the construction of public works or public improvements;
3. The investment of funds by the City as authorized by law; or
4. Other predominantly financial transactions of the City that, by their character, cannot practically be established under the competitive contractor selection procedures, based upon the findings of the Purchasing Manager.
H. Employee Benefits. Contracts for employee benefit plans as provided in ORS 243.105(1), 243.125(4), 243.221, 243.275, 243.291, 243.303 and 243.565.
I. Exempt under State Laws. Any other public contracting specifically exempted from the Oregon Public Contracting Code by another provision of law.
J. Federal Law. Except as otherwise expressly provided in ORS 279C.800 through 279C.870, applicable federal statutes and regulations govern when federal funds are involved and the federal statutes or regulations conflict with any provision of the Oregon Public Contracting Code or these regulations, or require additional conditions in public contracts not authorized by the Oregon Public Contracting Code or these regulations. [Ord. 692 § 2, 2005.]
2.25.030 Regulation by City Council.
Except as expressly delegated under these regulations, the City Council reserves to itself the exercise of all of the duties and authority of a Contract Review Board and a contracting agency under state law, including, but not limited to, the power and authority over the following:
A. Solicitation Methods Applicable to Contracts. Approve the use of contracting methods and exemptions from contracting methods for a specific contract or certain classes of contracts;
B. Brand Name Specifications. Exempt the use of brand name specifications for public improvement contracts;
C. Waiver of Performance and Payment Bonds. Approve the partial or complete waiver of the requirement for the delivery of a performance or payment bond for construction of a public improvement, other than in cases of emergencies;
D. Electronic Advertisement of Public Contracts. Authorize the use of electronic advertisements for public contracts in lieu of publication in a newspaper of general circulation;
E. Appeals of Debarment and Prequalification Decisions. Hear properly filed appeals of the Purchasing Manager’s determination of debarment, or concerning prequalification;
F. Rulemaking. Adopt contracting rules under ORS 279A.065 and 279A.070 including, without limitation, rules for the procurement, management, disposal and control of goods, services, personal services and public improvements; and
G. Award. Award all contracts that exceed the authority of the Purchasing Manager. [Ord. 692 § 3, 2005.]
2.25.040 Model Rules.
The Model Rules adopted by the Attorney General under ORS 279A.065, Model Rules, are hereby adopted as a part of these regulations, to the extent that the Model Rules do not conflict with the provisions of this chapter, including any amendments to this chapter. [Ord. 692 § 4, 2005.]
2.25.050 Authority of Purchasing Manager.
A. General Authority. The City Administrator shall be the Purchasing Manager for the City and is hereby authorized to issue all solicitations, to execute, deliver and award, on behalf of the City, all City contracts for which the contract price does not exceed $25,000 and to recommend to the City Council the award of all contracts for which the contract price exceeds $25,000. Subject to the provisions of this chapter, the Purchasing Manager may adopt and amend all solicitation materials, contracts and forms required or permitted to be adopted by contracting agencies under the Oregon Public Contracting Code or otherwise convenient for the City’s contracting needs. The Purchasing Manager shall hear all solicitation and award protests. The Purchasing Manager shall also have the authority to execute, deliver and award, on behalf of the City, any emergency contract up to $25,000, subject to the provisions of BMC 2.25.080(F). The City Administrator shall have the authority to make time-sensitive purchases; provided, that those purchase items are lower than other options to purchase the same or similar products, services or otherwise. The City Administrator shall document any time-sensitive purchases and provide the rationale for the purchase to the Council.
B. Solicitation Preferences. When possible, the Purchasing Manager shall use solicitation documents and evaluation criteria that:
1. Give preference to goods and services that have been manufactured or produced in the state of Oregon if price, fitness, availability and quality are otherwise equal; and
2. Give preference to goods that are certified to be made from recycled products when such goods are available, can be substituted for nonrecycled products without a loss in quality, and the cost of goods made from recycled products is not significantly more than the cost of goods made from nonrecycled products.
C. Delegation of Purchasing Manager’s Authority. Any of the responsibilities or authorities of the Purchasing Manager under this chapter may be delegated and subdelegated by written directive.
D. Mandatory Review of Rules. Whenever the Oregon State Legislative Assembly enacts laws that cause the Attorney General to modify its Model Rules, the Purchasing Manager shall review the public contracting regulations, other than the Model Rules, and recommend to the City Council any modifications required to ensure compliance with statutory changes. [Ord. 726, 2010; Ord. 692 § 5, 2005.]
2.25.060 Public contracts – Definitions.
The following terms used in these regulations shall have the meanings set forth below:
“Award” means the selection of a person to provide goods, services or public improvements under a public contract. The award of a contract is not binding on the City until the contract is executed and delivered by the City.
“Bid” means a binding, sealed, written offer to provide goods, services or public improvements for a specified price or prices.
“Concession agreement” means a contract that authorizes and requires a private entity or individual to promote or sell, for its own business purposes, specified types of goods or services from real property owned or managed by the City, and under which the concessionaire makes payments to the City based, at least in part, on the concessionaire’s revenues or sales. The term “concession agreement” does not include a mere rental agreement, license or lease for the use of premises.
“Contract price” means the total amount paid or to be paid under a contract, including any approved alternates, and any fully executed change orders or amendments.
“Contract Review Board” or “Local Contract Review Board” means the City Council.
“Cooperative procurement” means a procurement conducted by or on behalf of one or more contracting agencies.
“Debarment” means a declaration by the Purchasing Manager under ORS 279B.130 or 279C.440 that prohibits a potential contractor from competing for the City’s public contracts for a prescribed period of time.
“Disposal” means any arrangement for the transfer of property by the City under which the City relinquishes ownership.
“Emergency” means circumstances that create a substantial risk of loss, damage or interruption of services or a substantial threat to property, public health, welfare or safety; and that require prompt execution of a contract to remedy the condition.
“Findings” are the statements of fact that provide justification for a determination. Findings may include, but are not limited to, information regarding operation, budget and financial data; public benefits; cost savings; competition in public contracts; quality and aesthetic considerations, value engineering; specialized expertise needed; public safety; market conditions; technical complexity; availability, performance and funding sources.
“Goods” means any item or combination of supplies, equipment, materials or other personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto.
“Informal solicitation” means a solicitation made in accordance with the City’s public contracting regulations to a limited number of potential contractors, in which the Purchasing Manager attempts to obtain at least three written quotes or proposals.
“Invitation to bid” means a publicly advertised request for competitive sealed bids.
“Model Rules” means the public contracting rules adopted by the Attorney General under ORS 279A.065 and set forth as OAR chapter 137, divisions 46, 47, 48 and 49.
“Nonprofit organization” means an organization or group of organizations described in Section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under Section 501(a) of the Internal Revenue Code.
“Offeror” means a person who submits a bid, quote or proposal to enter into a public contract with the City.
“Oregon Public Contracting Code” means ORS chapters 279A, 279B and 279C.
“Person” means a natural person or any other private or governmental entity, having the legal capacity to enter into a binding contract.
“Personal services contract” means a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The Purchasing Manager shall have discretion to determine whether additional types of services not specifically mentioned in this definition fit within the definition of personal services.
“Proposal” means a binding offer to provide goods, services or public improvements with the understanding that acceptance will depend on the evaluation of factors other than, or in addition to, price. A proposal may be made in response to a request for proposals or under an informal solicitation.
“Public contract” means a sale or other disposal, or a purchase, lease, rental or other acquisition by the City of personal property, services, including personal services, public improvements, public works, minor alterations, or ordinary repair or maintenance necessary to preserve a public improvement.
“Public improvement” means a project for construction, reconstruction or major renovation on real property by or for the City. A public improvement does not include:
1. Projects for which no funds of the City are directly or indirectly used, except for participation that is incidental or related primarily to project design or inspection; or
2. Emergency work, minor alteration, and ordinary repair or maintenance necessary to preserve a public improvement.
“Purchasing Manager” means the City Administrator, or designee.
“Qualified pool” means a pool of vendors who are pre-qualified to compete for the award of contracts for certain types of contracts or to provide certain types of services.
“Quote” means a price offer made in response to an informal or qualified pool solicitation to provide goods, services or public improvements.
“Request for proposals” means a publicly advertised request for sealed competitive proposals.
“Services” means and includes all types of services (including construction labor) other than personal services.
“Solicitation” means an invitation to one or more potential contractors to submit a bid, proposal, quote, statement of qualifications or letter of interest to the City with respect to a proposed project, procurement or other contracting opportunity. The word “solicitation” also refers to the process by which the City requests, receives and evaluates potential contractors and awards public contracts.
“Solicitation documents” means all informational materials issued by the City for a solicitation, including, but not limited to, advertisements, instructions, submission requirements and schedules, award criteria, contract terms and specifications, and all laws, regulations and documents incorporated by reference.
“Special procurement” means a procurement made under a method of solicitation other than as described in the Oregon Public Contracting Code, which has been approved by the Contract Review Board under the process described in BMC 2.25.070.
“Specification” means any description of the physical or functional characteristics of, or of the nature of, goods or services to be procured by the City. A specification may include a description of any requirement for inspecting, testing or preparing goods or services for delivery or incorporation into a project. A specification may also include a description of the characteristics or nature of personal services.
“Standards of responsibility” means the qualifications of eligibility for award of a public contract. An offeror meets the standards of responsibility if the offeror has:
1. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the offeror to meet all contractual responsibilities;
2. A satisfactory record of performance. The Purchasing Manager shall document the record of performance of an offeror if the Purchasing Manager finds the offeror to be not responsible under this subsection;
3. A satisfactory record of integrity. The Purchasing Manager shall document the record of integrity of an offeror if the Purchasing Manager finds the offeror to be not responsible under this subsection;
4. Qualified legally to contract with the City;
5. Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to supply promptly information requested by the Purchasing Manager concerning responsibility, the Purchasing Manager shall base the determination of responsibility upon any available information or may find the offeror nonresponsible; and
6. Not been debarred by the City, and, in the case of public improvement contracts, has not been listed by the Construction Contractors Board as a contractor who is not qualified to hold a public improvement contract.
“Surplus property” means personal property owned by the City which is no longer needed for use by the department to which such property has been assigned. [Ord. 692 § 6, 2005.]
2.25.070 Process for approval of special solicitation methods and exemptions.
A. Authority of City Council. In its capacity as Contract Review Board for the City, the City Council, upon its own initiative, or upon request of the Purchasing Manager, may create special selection, evaluation and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in this section.
B. Basis for Approval. The approval of a special solicitation method or exemption from competition must be based upon a record before the City Council that contains the following:
1. The nature of the contract or class of contracts for which the special solicitation or exemption is requested;
2. The estimated contract price or cost of the project, if relevant;
3. Findings to support the substantial cost savings, enhancement in quality or performance or other public benefit anticipated by the proposed selection method or exemption from competitive solicitation;
4. Findings to support the reason that approval of the request would be unlikely to encourage favoritism or diminish competition for the public contract or class of public contracts, or would otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the solicitation requirements that would otherwise be applicable under these regulations;
5. A description of the proposed alternative contracting methods to be employed; and
6. The estimated date by which it would be necessary to let the contract(s).
In making a determination regarding a special selection method, the City Council may consider the type, cost, amount of the contract or class of contracts, number of persons available to make offers, and such other factors as it may deem appropriate.
C. Hearing.
1. Notice. The City shall approve the special solicitation or exemption after a public hearing before the City Council following notice by publication in at least one newspaper of general circulation in the City area. The notice shall be published at least seven days prior to the hearing. The Notice shall state that the purpose of the hearing is to consider findings in support of, as applicable:
a. A special procurement for a single contract or classes of contracts under ORS 279B.085; or
b. An exemption from competitive bidding for a single contract or class of contracts under ORS 279C.335.
The notice shall describe how copies of the draft findings may be obtained for review prior to the hearing and state that persons who wish to comment on or protest the considered action may appear and present testimony at the hearing.
2. At the public hearing, the City shall offer an opportunity for any interested party to appear and present comment.
3. The City Council will consider the findings and may approve the exemption as proposed or as modified by the City Council after providing an opportunity for public comment.
4. If the City Council approves the special procurement(s) or exemption(s) at the public meeting of the City Council following the hearing, or at a subsequent public meeting of the City Council, no published notice of the approval shall be required.
D. Special Requirements for Public Improvement Contracts. Notification of the public hearing for exemption of a public improvement contract, or class of public improvement contracts, shall be published in a trade newspaper of general statewide circulation at least 14 days prior to the hearing.
E. Commencement of Solicitation Prior to Approval. A solicitation may be issued prior to the approval of a special exemption under this section; provided, that the closing of the solicitation may not be earlier than five days after the date of the hearing at which the City Council approves the exemption. If the City Council fails to approve a requested exemption, or requires the use of a solicitation procedure other than the procedures described in the issued solicitation documents, the issued solicitation may either be modified by addendum, or cancelled. [Ord. 692 § 7, 2005.]
2.25.080 Solicitation methods for classes of contracts.
The following classes of public contracts and the method(s) that are approved for the award of each of the classes are hereby established by the City Council:
A. Purchases from Nonprofit Agencies for Disabled Individuals. When available, the City shall purchase goods, services and public improvements from qualified nonprofit agencies for disabled individuals in accordance with the provisions of ORS 279.835 through 279.850.
B. Public Improvement Contracts.
1. Any Public Improvement. Unless otherwise provided in these regulations or approved for a special exemption, public improvement contracts in any amount may be issued under an invitation to bid.
2. Nontransportation Public Improvements up to $100,000. Public improvement contracts other than contracts for a highway, bridge or other transportation project for which the estimated contract price does not exceed $100,000 may be awarded using an informal solicitation for quotes.
3. Transportation Public Improvements up to $50,000. Contracts for which the estimated contract price does not exceed $50,000, for highways, bridges or other transportation projects may be awarded using an informal solicitation for quotes.
4. Public Improvements up to $5,000. Contracts for public improvements for up to $5,000 are not subject to competitive solicitation requirements and may be awarded in any manner, at the discretion of the Purchasing Manager.
C. Personal Services Contracts.
1. Any Personal Services Contract. Personal services contracts in any amount may be awarded under a publicly advertised request for proposals.
2. Personal Service Contracts Not Exceeding $150,000. Contracts for personal services for which the estimated contract price does not exceed $150,000 may be awarded using an informal solicitation for proposals.
3. Seventy-Five Thousand Dollar Award from Qualified Pool. Contracts for personal services for which the estimated contract price does not exceed $75,000 may be awarded by direct appointment without competition from a qualified pool.
4. Personal Service Contracts Not Exceeding $20,000 per Year. Contracts for which the Purchasing Manager estimates that payments will not exceed $20,000 in any fiscal year may be awarded under any method deemed in the City’s best interest by the Purchasing Manager, including by direct appointment, subject, when appropriate, to approval by the City Council.
5. Personal Service Contracts for Continuation of Work. Contracts of not more than $150,000 for the continuation of work by a contractor who performed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the Purchasing Manager determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work.
D. Contracts for Goods and Services.
1. Any Procurement. The procurement of goods or services, or goods and services in any amount, may be made under either an invitation to bid or a request for proposals.
2. Procurements up to $150,000. The procurement of goods or services, or goods and services for which the estimated contract price does not exceed $150,000, may be made under an informal solicitation for either quotes or proposals.
E. Contracts Subject to Award at Purchasing Manager’s Discretion. The following classes of contracts may be awarded in any manner which the Purchasing Manager deems appropriate to the City’s needs, including by direct appointment or purchase, subject, where appropriate, to approval by the City Council. Except where otherwise provided, the Purchasing Manager shall make a record of the method of award.
1. Advertising. Contracts for the placing of notice or advertisements in any medium.
2. Amendments. Contract amendments shall not be considered to be separate contracts if made in accordance with these regulations.
3. Animals. Contracts for the purchase of animals.
4. Contracts up to $5,000. Contracts of any type for which the contract price does not exceed $5,000 may be awarded and amended as provided in these regulations, without a record of the method of selection.
5. Copyrighted and Library Materials. Contracts for the acquisition of materials entitled to copyright, including, but not limited to, works of art and design, literature, music and library lending materials.
6. Equipment Repair. Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing.
7. Goods for Resale. Contracts for goods purchased for resale to consumers.
8. Government-Regulated Items. Contracts for the purchase of items for which prices or selection of suppliers are regulated by a governmental authority.
9. Insurance. Insurance and service contracts as provided for under ORS 414.115, 414.125, 414.135 and 414.145.
10. Non-Owned Property. Contracts or arrangements for the sale or other disposal of used abandoned property or other personal property not owned by the City.
11. Renewals. Contracts that are being renewed in accordance with their terms are not considered to be newly issued contracts and are not subject to competitive procurement procedures.
12. Sole Source Contracts. Contracts for goods or services which are available from a single source may be awarded without competition in accordance with these regulations.
13. Sponsorship Agreements. Sponsorship agreements under which the City receives a gift or donation in exchange for recognition of the donor.
14. Structures. Contracts for the disposal of structures located on City-owned property.
15. Temporary Extensions or Renewals. Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and nonrenewable, or recently expired, contract, other than a contract for public improvements.
16. Temporary Use of City-Owned Property. The City may negotiate and enter into a license, permit or other contract for the temporary use of City-owned property without using a competitive selection process if:
a. The contract results from an unsolicited proposal to the City based on the unique attributes of the property or the unique needs of the proposer;
b. The proposed use of the property is consistent with the City’s use of the property and the public interest; and
c. The City reserves the right to terminate the contract without penalty, in the event that the City determines that the contract is no longer consistent with the City’s present or planned use of the property or the public interest.
17. Used Property. The City may contract for the purchase of used property by negotiation if such property is suitable for the City’s needs and can be purchased for a lower cost than substantially similar new property. For this purpose the cost of used property shall be based upon the lifecycle cost of the property over the period for which the property will be used by the City. A record shall be made of the findings that support any purchase over $10,000.
18. Utilities. Contracts for the purchase of steam, power, heat, water, telecommunications services, and other utilities.
19. Entertainment. Contracts for any type of recreational amusement or performance for a single event of booking.
F. Contracts Required by Emergency Circumstances.
1. In General. When an official with authority to enter into a contract on behalf of the City determines that immediate execution of a contract within the official’s authority is necessary to prevent substantial damage or injury to persons or property, the official may execute the contract without competitive selection and award or City Council approval, but, where time permits, the official shall attempt to use competitive price and quality evaluation before selecting an emergency contractor.
2. Reporting. An official who enters into an emergency contract shall, as soon as possible, in light of the emergency circumstances:
a. Document the nature of the emergency; the method used for selection of the particular contractor and the reason why the selection method was deemed in the best interest of the City and the public; and
b. Notify the Purchasing Manager of the facts and circumstances surrounding the emergency execution of the contract.
3. Emergency Public Improvement Contracts. A public improvement contract may only be awarded under emergency circumstances. If the City Administrator determines that the delay required to convene a quorum of the City Council would be likely to result in injury to the health or welfare of any individual or the public, or significant property damage, the City Administrator shall make a written declaration of emergency and report the facts and circumstances to the City Council as soon as possible. In all other cases, the City Council shall make the written declaration of emergency. Any public improvement contract award under emergency conditions must be awarded within 60 days following the declaration of an emergency unless the City Council grants an extension of the emergency period. Where the time delay needed to obtain a payment or performance bond for the contract could result in injury or substantial property damage, the City Administrator, or, if time permits, the City Council, may waive the requirement for all or a portion of required performance and payment bonds.
G. Federal Purchasing Programs. Goods and services may be purchased without competitive procedures under a local government purchasing program administered by the United States General Services Administration (“GSA”) as provided in this subsection.
1. The procurement must be made in accordance with procedures established by the GSA for procurements by local governments, and under purchase orders or contracts submitted to and approved by the Purchasing Manager. The Purchasing Manager shall retain in the City’s records a copy of the letter, memorandum or other documentation from the GSA establishing permission to the City to purchase under the federal program.
2. The price of the goods or services must be established under price agreements between the federally approved vendor and the GSA.
3. If a single purchase of goods or services exceeds the contracting authority of the Purchasing Manager, the purchase must be approved by the City Council.
H. Cooperative Procurement Contracts. Cooperative procurements may be made without competitive solicitation as provided in the Oregon Public Contracting Code.
I. Surplus Property. The City shall dispose of surplus property using the methods described in BMC 2.25.160.
J. Concession Agreements. Concession agreements may be awarded under the methods described in this subsection. No part of a concession agreement shall contain or constitute a waiver of any generally applicable rules, code provisions or requirements of the City concerning regulation, registration, licensing, inspection, or permit requirements for any construction, rental or business activity.
1. Classes of Contracts Eligible for Award Without Competition. The following concession agreements may be awarded by any method deemed appropriate by the Purchasing Manager, including, without limitation, by direct appointment, private negotiation, or using a competitive process.
a. Contracts under $5,000. Contracts under which the Purchasing Manager estimates that receipts by the City will not exceed $5,000 in any fiscal year.
b. Single-Event Concessions. Concessions to sell or promote food, beverages, merchandise or services at a single public event shall be awarded based on any method determined by the Purchasing Manager to provide a fair opportunity to all persons desiring to operate a concession, but in which the promotion of the public interest and success of the event shall be of predominant importance.
c. Sole Source. Contracts in any amount that are determined in accordance with the regulations in this section to be available from a sole source.
2. Competitive Award. Concession agreements solicited by the City for the use of designated public premises for a term greater than a single event shall be awarded as follows:
a. Small Concessions. For concession agreements for which the concessionaire’s projected annual gross revenues are estimated to be $500,000 or less, the Purchasing Manager has discretion to use either an informal solicitation or a request for proposals process. If the proposals received indicate a probability that the concessionaire’s annual gross revenues will exceed $500,000, the Purchasing Manager may, but shall not be required to, reissue the solicitation as a request for proposals.
b. Major Concessions. Concession agreements for which the concessionaire’s projected annual gross revenues under the contract are estimated to exceed $500,000 annually shall be awarded using a request for proposals. [Ord. 692 § 8, 2005.]
2.25.090 Sole sources.
A. Determination of Sole Source. A sole source contract is a contract with a vendor who is the only responsible source for the goods, services, or personal services required by the City. A determination of sole source may be made by the City Council based upon written findings that demonstrate that the contractor is a sole source, and that alternative goods, services, or personal services would be unsatisfactory for the City’s needs based on factors that may include any of the following:
1. A record that no qualified vendors responded to a notice issued in accordance with subsection (B) of this section;
2. A written statement from a manufacturer established as a sole source that the product is only available to the City from a single point of sale;
3. Written evidence that the contract is for a patented product and that the proposed vendor is the exclusive holder of a right to sell the product;
4. Records of research that demonstrate that only one suitable source for the goods or service exists and that alternate goods or services do not meet the City’s requirements, including, without limitation, that efficient utilization of existing goods requires the acquisition of compatible goods or services; or
5. A statement that the goods or services are for use in a pilot or experimental project.
B. Manner of Notice. The record that a contractor is a sole source may be established if no qualified alternative sources responded to a public notice of the City’s requirements. The notice shall be published in a newspaper of general circulation in the Brownsville area at least five business days before contract execution and shall:
1. Describe the goods, services, or personal services sought;
2. State the estimated amount of the contract;
3. Request statements of ability to provide the identified goods, services or personal services from vendors who are qualified to compete for the contract; and
4. State that if no responses are received from qualified vendors within the time period specified in the notice, the Purchasing Manager will proceed with a sole source award.
C. Method of Selection. Sole source contracts may be awarded pursuant to direct negotiation with the sole source contractor, without competitive solicitation. [Ord. 692 § 9, 2005.]
2.25.100 Informal solicitation procedures and qualified pools.
The City may use the following procedure for informal solicitations in lieu of the procedures set forth in the Model Rules.
A. Informally Solicited Quotes and Proposals. When authorized by these regulations, a contract may be awarded using the informal solicitation procedures described in this section.
1. Record of Contract Requirements and Evaluation Criteria. The Purchasing Manager shall make a written record of the contract requirements and criteria upon which the award will be based before conducting the solicitation. This record shall be used to provide all potential offerors with the same information concerning the contract requirements and the manner in which their offers will be evaluated.
2. Contact with Potential Offerors. The Purchasing Manager’s request for quotes or proposals may be by general or limited distribution to a certain group of vendors, by direct inquiry to persons selected by the Purchasing Manager, or in any other manner that the Purchasing Manager deems suitable for obtaining a sufficient number of competitive quotes or proposals.
3. Number of Offers. The Purchasing Manager shall attempt to obtain at least three responsive quotes or proposals from offerors who are qualified to perform the contract unless three offers cannot be reasonably obtained. If fewer than three quotes or proposals are reasonably available, fewer will suffice, but the Purchasing Manager shall make a record of the efforts made to obtain the offers. (ORS 279B.070; Section 133, Chapter 794, Oregon Laws 2003.)
4. When Written Solicitation Required. The request for offers and the receipt of offers shall be made in writing in the following cases:
a. Contracts for Goods, Services or Personal Services. If the estimated contract price will exceed $75,000, the Purchasing Manager shall request written quotes or proposals using a written description of contract requirements and award criteria.
b. Contracts for Public Improvements. The Purchasing Manager shall request written quotes for all public improvement contracts, and shall present the description of contract requirements and award criteria using written materials unless the information can be given by other means in a conference or oral presentation at which all potential offerors are present and have an opportunity to ask questions. Notwithstanding the foregoing sentence, when soliciting quotes for a public works project, the Purchasing Manager must deliver all written materials, including written copies of the prevailing wage rates required by the Bureau of Labor and Industries.
5. Basis for Award. Selection of contractors for goods, services and personal services shall be based on the quote or proposal that is most advantageous to the City. The selection criteria for public improvement contracts shall be based on quotes but may include a consideration of, and ranking of, other factors in addition to price, such as experience, specific expertise, availability, project understanding, contractor capacity, responsibility and similar factors. The Purchasing Manager shall make a written record of all offerors, the prices quoted and, if the award was made on a basis other than price, a record of the evaluation of each offer and the basis for award.
6. Discussions and Negotiations. The Purchasing Manager may discuss the solicitation requirements for any type of informal solicitation with potential offerors and may discuss a quote or proposal with an offeror to clarify its quote or proposal or to effect modifications that will make the quote or proposal responsive to the solicitation requirements. Except for solicitations involving public improvements, after all initial quotes have been received and recorded, the Purchasing Manager may negotiate with an offeror to effect modifications that will make the quote or proposal more advantageous to the City. The Purchasing Manager may not disclose the price offer or terms of one offeror to another during discussions prior to contract award.
7. Amendment. A contract awarded using an informal solicitation may be amended only as provided in these regulations.
B. Qualified Pools.
1. Purpose of Qualified Pools. In lieu of prequalification on a contract-by-contract basis, the City may establish qualified pools that can be used on a continuous basis for the selection of contractors when direct appointment or informal solicitation is otherwise authorized by these regulations.
2. Creation of Qualified Pool. To create a qualified pool, the Purchasing Manager may invite prospective contractors to submit their qualifications to the City for inclusion as participants in a pool of contractors qualified to provide certain types of goods, services, or projects, including personal services and public improvements.
3. Advertisement. The invitation to participate in a qualified pool shall be advertised, at the discretion of the Purchasing Manager, by publication in a newspaper of general circulation in the Brownsville area, by electronic publication as permitted in these regulations or by any other method that the Purchasing Manager deems desirable to develop a sufficient pool of qualified vendors. The advertisement shall be made at the time of initial formation and whenever the qualified pool contract is subject to re-opening or renewal. If the pool is open to entry at any time, and is continuously advertised on the City’s website, no additional advertisement shall be required.
4. Qualification for Participation. A qualified pool shall be open for entry not less than once in each three years. Standards for participation in a qualified pool may include the applicant’s financial stability, contracts with manufacturers or distributors, certification as an emerging small business, insurance, licensure, education, training, experience and demonstrated skills of key personnel, access to equipment, and other relevant qualifications that are important to the contracting needs of the City. The City may also require, as a condition to participation, that the applicant furnish additional materials such as proof of licensure, insurance, insurance endorsements to protect the interests of the City, material concerning performance and fidelity bonds, and that the applicant agree to the terms and conditions of participation in the qualified pool. The qualifications for participation in each qualified pool shall be set forth in writing, but may be changed at any time; provided, that all participants are notified of the change.
5. Contents of Solicitation. Requests for participation in a qualified pool shall describe the scope of goods or services or personal services for which the pool will be maintained, and the minimum qualifications for participation in the pool.
6. Use of Qualified Pools. The Purchasing Manager may use a qualified pool to make direct appointments as authorized in these regulations or to obtain quotes or proposals for an informal solicitation, but shall not be limited to selection from a qualified pool. Participation in a qualified pool shall not entitle any participant to the award of a City contract.
7. Amendment and Termination. The Purchasing Manager may discontinue a qualified pool at any time, or may change the requirements for eligibility as a participant in the pool at any time, by giving notice to all participants in the qualified pool.
8. Protest of Failure to Qualify. The Purchasing Manager shall notify any applicant who fails to qualify for participation in a pool that it may appeal the Purchasing Manager’s decision to the City’s Contract Review Board in the manner described in BMC 2.25.150. [Ord. 692 § 10, 2005.]
2.25.110 Use of brand name specifications for public improvements.
A. In General. Specifications for contracts shall not expressly or implicitly require any product by one brand name or mark, nor the product of one particular manufacturer or seller, unless the Purchasing Manager makes a written record of the reasons why only a brand name product will meet the needs of the City, based on at least one of the following:
1. It is unlikely that such exemption will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts and the exemption will yield substantial savings to the City;
2. There is only one manufacturer or seller of the product of the quality required; or
3. Efficient utilization or maintenance of existing equipment, supplies or products requires purchase from one particular manufacturer, or by brand name. Efficient utilization may include, but is not limited to, requirements for repair and replacement parts or standardization of products used by a department or division.
B. Authority of Purchasing Manager. The City Council shall have authority to determine whether the use of a brand name specification satisfied the conditions of subsection (A)(1), (2), or (3) of this section. The Purchasing Manager shall also have authority to determine whether an exemption for the use of a specific brand name specification should be granted by recording findings that support the exemption based on the provisions of subsection (A)(2) or (3) of this section.
C. Brand Name or Equivalent. Nothing in this section prohibits the City from using a brand name or equivalent specification, from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the City, or from establishing a qualified product list. [Ord. 692 § 11, 2005.]
2.25.120 Public contracts – Amendments.
A. Amendment Defined. An amendment is any change or modification of any term or condition of a contract or any addition or deletion of any term or provision of a contract. Amendments include, but are not limited to, change directives, change orders, and any addition, deletion or modification that affects the nature, quantity, degree, or scope of the goods or services or improvements to be provided under a contract or the time of performance or price or that affects any provision concerning the rights or obligations of a party.
B. Writing and Signature Requirements. No amendment will be binding on the City unless set forth in writing and signed by an official who is duly authorized to bind the City in the manner described by the amendment.
C. Amendments That Increase Price. Except in connection with a contract renewal or extension, no contract may be amended to increase the contract price unless the increase is directly related to an increase in the quantity or types of goods or services to be provided, a betterment in the quality of goods or materials to be provided, or to compensate the contractor for delays occurring after the execution of the contract for which the City is responsible. Amendments that increase the contract price are further limited as follows:
1. Price Established by Contract. Amendments that increase the quantity of goods or services to be provided under the contract and for which unit prices were established in the original contract (for example, by weight, volume, itemized equipment price lists, or hourly fees) shall be permitted without limitation.
2. Price Not Established by Contract. Amendments that increase the contract price and that are not described in subsection (C)(1) of this section may not, in the aggregate, increase the total amount to be paid under the contract by more than 25 percent of the original contract price unless approved in advance by the City Council.
3. Contracts Issued under Price-Based Solicitation. Except in an emergency, or under a waiver approved by the City Council, a contract awarded under a solicitation method based on contract price may not be amended if the resulting contract price would exceed either of:
a. The limitations on amendment under subsection (C)(1) or (2) of this section, as applicable; or
b. One hundred twenty-five percent of the maximum contract price for the class of contracts under which the solicitation was conducted.
D. Time. The time of performance under a contract, or the term of an expiring contract, may not be extended by amendment except as provided in the original contract or on a temporary basis as provided in BMC 2.25.080(E). [Ord. 692 § 12, 2005.]
2.25.130 Bid, performance and payment bonds.
A. Purchasing Manager May Require Bonds. The Purchasing Manager may require bid security and a good and sufficient performance and payment bond even though the contract is of a class that is exempt from the requirement.
B. Bid Security. Except as otherwise exempted, the solicitations for all contracts that include the construction of a public improvement and for which the estimated contract price will exceed $50,000 shall require bid security. Bid security for a request for proposal may be based on the City’s estimated contract price.
C. Performance Bonds.
1. General. Except as provided in these regulations, all public contracts are exempt from the requirement for the furnishing of a performance bond.
2. Contracts Involving Public Improvements. Prior to executing a contract for more than $50,000 that includes the construction of a public improvement, the contractor must deliver a performance bond in an amount equal to the full contract price conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The performance bond must be solely for the protection of the City and any public agency that is providing funding for the project for which the contract was awarded.
3. Cash in Lieu. The City may permit the successful offeror to submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond.
D. Payment Bonds.
1. General. Except as provided in these regulations, all public contracts are exempt from the requirement for the furnishing of a payment bond.
2. Contracts Involving Public Improvements. Prior to executing a contract for more than $50,000 that includes the construction of a public improvement, the contractor must deliver a payment bond equal to the full contract price, solely for the protection of claimants under ORS 279C.600.
E. Design/Build Contracts. If the public improvement contract is with a single person to provide both design and construction of a public improvement, the obligation of the performance bond for the faithful performance of the contract must also be for the preparation and completion of the design and related services covered under the contract. Notwithstanding when a cause of action, claim or demand accrues or arises, the surety is not liable after final completion of the contract, or longer if provided for in the contract, for damages of any nature, economic or otherwise, including corrective work attributable to the design aspect of a design-build project, or for the costs of design revisions needed to implement corrective work.
F. Construction Manager/General Contractor Contracts. If the public improvement contract is with a single person to provide construction manager and general contractor services, in which a guaranteed maximum price may be established by an amendment authorizing construction period services following preconstruction period services, the contractor shall provide the bonds required by subsection (A) of this section upon execution of an amendment establishing the guaranteed maximum price. The City shall also require the contractor to provide bonds equal to the value of construction services authorized by any early work amendment in advance of the guaranteed maximum price amendment. Such bonds must be provided before construction starts.
G. Surety – Obligation. Each performance bond and each payment bond must be executed solely by a surety company or companies holding a certificate of authority to transact surety business in Oregon. The bonds may not constitute the surety obligation of an individual or individuals. The performance and payment bonds must be payable to the City or to the public agency or agencies for whose benefit the bond is issued, as specified in the solicitation documents, and shall be in a form approved by the Purchasing Manager.
H. Emergencies. In cases of emergency, or when the interest or property of the City probably would suffer material injury by delay or other cause, the requirement of furnishing a good and sufficient performance bond and a good and sufficient payment bond for the faithful performance of any public improvement contract may be excused, if a declaration of such emergency is made in accordance with the provisions of BMC 2.25.080(F). [Ord. 692 § 13, 2005.]
2.25.140 Electronic advertisement of public contracts.
In lieu of publication in a newspaper of general circulation in the Brownsville area, the advertisement for an invitation to bid or request for proposals may be published electronically by posting on the City’s website; provided, that the following conditions are met:
A. The placement of the advertisement is on a location within the website that is maintained on a regular basis for the posting of information concerning solicitations for projects of the type for which the invitation to bid or request for proposals is issued; and
B. The Purchasing Manager determines that the use of electronic publication will be at least as effective in encouraging meaningful competition as publication in a newspaper of general circulation in the City metropolitan area and will provide costs savings for the City, or that the use of electronic publication will be more effective than publication in a newspaper of general circulation in the Brownsville area in encouraging meaningful competition. [Ord. 692 § 14, 2005.]
2.25.150 Protests and appeals.
A. Protests of Solicitation Procedures.
1. Protests Generally. A prospective offeror for a public contract may file a protest with the City if the prospective offeror believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective offeror fails to timely file such a protest, the prospective offeror may not challenge the contract for any of the foregoing reasons in any future legal or administrative proceeding.
2. Exception for Special Procurements. The procedures for a contract-specific special procurement approved by the Board may not be protested, challenged or reviewed unless the approval of the special procurement by the Board has been invalidated by a reviewing circuit court under ORS 279B.400.
3. Time for Submission of Protest. Protests of a solicitation shall only be considered when presented to the Purchasing Manager in writing in accordance with the following time lines:
a. Protests shall be submitted in writing, not less than five days prior to the solicitation closing unless the solicitation period is shorter than seven days, in which case, the solicitation documents shall recite another protest deadline that allows a period of at least one business day after the issue date of the solicitation to submit protests; and
b. Protests not asserted or not properly asserted within these time lines shall be deemed waived by the protester.
4. Identification of Protest. It is the protester’s responsibility to ensure that the protest is received by the City within the stated time lines. The protest should be delivered in an envelope that is clearly marked with the protester’s name and sufficient information to identify the solicitation being protested, identified as a protest, and directed to the person identified in the solicitation documents for receipt of protests. Faxed protests may not be accepted.
5. Eligibility for Consideration. The Purchasing Manager shall consider the protest if the protest is timely filed and contains the following:
a. Sufficient information to identify the solicitation that is the subject of the protest;
b. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;
c. Evidence or supporting documentation that supports the grounds on which the protest is based; and
d. The relief sought.
6. Form of Decision. If the protest is timely submitted and contains the required information, the Purchasing Manager shall consider the protest and issue a decision in writing. Otherwise, the Purchasing Manager shall promptly notify the prospective protesting offeror that the protest is untimely or that the protest failed to meet the requirements of this subsection and give the reasons for the failure.
7. Time of Decision. The Purchasing Manager shall issue a decision no less than 72 hours before the solicitation closing, unless a written determination is made by the Purchasing Manager that circumstances exist that require a shorter time limit.
8. Appeal. If the Purchasing Manager is the City Administrator’s designee, the Purchasing Manager’s decision may be appealed to the City Administrator by notifying the City Administrator of the intent to appeal within three business days after the date on which the Purchasing Manager sends its decision to the protestor’s electronic or postal address specified in the written protest.
9. Finality of Decision. The decision of the City Administrator, or if no appeal is made to the City Administrator, of the Purchasing Manager, shall be the final determination of the City on the protest.
10. Delay of Solicitation Closing. If the City receives a protest from an offeror in accordance with this subsection, the Purchasing Manager may in his or her discretion extend the date of solicitation closing if the Purchasing Manager determines an extension is necessary to consider the protest and, if necessary, to issue addenda to the solicitation documents or otherwise cancel the solicitation.
B. Protest of Competitive Range Decisions and Contract Awards.
1. Delay of Evaluation or Award. The Purchasing Manager will not proceed with a subsequent tier or evaluation, or award a contract under an invitation to bid or request for proposals, until the period of time for filing a protest of competitive range determination, or award, as applicable, has expired, and the Purchasing Manager has responded to all timely filed protests of aggrieved offerors.
2. Definition of Aggrieved Offeror. An offeror is an aggrieved offeror only if the person is one to whom a notice of selection of a competitive tier or notice of intent to award has been, or should have been, sent, and such person has been erroneously denied the award of a contract, or has been erroneously eliminated from competition because:
a. All higher-ranked offers were nonresponsive or all higher-ranked offerors clearly failed to meet the standards of responsibility;
b. The evaluation of offers was not conducted in accordance with the criteria or processes described in the solicitation documents;
c. The evaluator abused its discretion in disqualifying the protestor’s offer as nonresponsive or as failing to meet the standards of responsibility; or
d. The evaluation of offers or subsequent determination of award was otherwise made in violation of the Oregon Public Contracting Code or these regulations.
3. Filing of Protests. Unless a longer or shorter time period is provided in the solicitation documents, an aggrieved offeror shall have five days after the date of issuance of the notice of intent to award, and three days, if mailed, or 72 hours, if issued electronically after a notice of competitive range determination, to submit to the Purchasing Manager a written protest of the matter described in the award. The written protest must specify the grounds upon which the protest is based, demonstrate the basis for the protestor’s status as an aggrieved offeror, and include an electronic or postal address at which the protestor will receive the Purchasing Manager’s response. Notwithstanding the foregoing, the period of protest may not be shorter than five days after the date of notice of award, unless the Purchasing Manager determines that the immediate execution of a contract is necessary to avoid a loss of funding for the contract or that further delay in execution will result in injury, property damage or other serious adverse consequences.
4. Authority to Resolve Protests. The Purchasing Manager shall consider a written protest and issue a written decision on the protest. The Purchasing Manager may not consider a protest that is filed in an untimely manner or that fails to allege facts that would support a finding that the protestor is an aggrieved offeror. If the Purchasing Manager is the City Administrator’s designee, the Purchasing Manager’s decision may be appealed to the City Administrator by notifying the City Administrator of the intent to appeal within three business days after the date on which the Purchasing Manager sends its decision to the proposer’s electronic or postal address specified in the written protest. The decision of the City Administrator, or if no timely appeal to the City Administrator is made, the decision of the Purchasing Manager, shall be the final decision of the City on the protest.
5. Delay of Award – Cancellation of Solicitation. If the City receives a protest from an offeror in accordance with this subsection, the Purchasing Manager shall not submit the contract for execution until the protest is resolved through the final decision under subsection (B)(4) of this section. In addition, the Purchasing Manager shall have discretion to delay or cancel an award or a solicitation in response to a protest, regardless of the final decision on the protest, and may, but shall not be required to, reissue the solicitation, if the Purchasing Manager determines that such action best serves the City’s interests.
C. Appeal of Debarment or Prequalification Decision.
1. Right to Hearing. Any person who has been debarred from competing for City contracts or for whom prequalification has been denied, revoked or revised may appeal the City’s decision to the City Council as provided in this subsection.
2. Filing of Appeal. The person must file a written notice of appeal with the City’s Purchasing Manager within three business days after the prospective contractor’s receipt of notice of the determination of debarment, or denial of prequalification.
3. Notification of City Council. Immediately upon receipt of such notice of appeal, the Purchasing Manager shall notify the City Council of the appeal.
4. Hearing. The procedure for appeal from a debarment or denial, revocation or revision of prequalification shall be as follows:
a. Promptly upon receipt of notice of appeal, the City shall notify the appellant of the time and place of the hearing;
b. The City Council shall conduct the hearing and decide the appeal within 30 days after receiving notice of the appeal from the Purchasing Manager; and
c. At the hearing, the City Council shall consider de novo the notice of debarment, or the notice of denial, revocation or revision of prequalification, the standards of responsibility upon which the decision on prequalification was based, or the reasons listed for debarment, and any evidence provided by the parties.
5. Decision. The City Council shall set forth in writing the reasons for the decision.
6. Costs. The City Council may allocate the City Council’s costs for the hearing between the appellant and the City. The allocation shall be based upon facts found by the City Council and stated in the City Council’s decision that, in the City Council’s opinion, warrant such allocation of costs. If the City Council does not allocate costs, the costs shall be paid as by the appellant, if the decision is upheld, or by the City, if the decision is overturned. [Ord. 692 § 15, 2005.]
2.25.160 Surplus property.
A. General Methods. Surplus property may be disposed of by any of the following methods upon a determination by the Purchasing Manager that the method of disposal is in the best interest of the City. Factors that may be considered by the Purchasing Manager include costs of sale, administrative costs, and public benefits to the City. The Purchasing Manager shall maintain a record of the reason for the disposal method selected, and the manner of disposal. An advertisement required to be given under this section shall be published in a newspaper of general circulation in the Brownsville area or by electronic advertisement under BMC 2.25.140, and in such other media as the Purchasing Manager deems necessary to promote competition for the property being disposed of.
1. Governments. By transfer or sale to another City department or public agency.
2. Auction. By publicly advertised auction.
3. Bids. By publicly advertised invitation to bid.
4. Liquidation Sale. By liquidation sale using a commercially recognized third-party liquidator selected in accordance with these regulations for the award of personal services contracts.
5. Price Sale. The Purchasing Manager may establish a selling price based upon an independent appraisal or published schedule of values generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the first buyer meeting the sales terms. The advertisement must be first published at least three days prior to the date upon which offers may be accepted.
6. Trade-In. By trade-in, in conjunction with acquisition of other price-based items under a competitive solicitation. The solicitation shall require the offeror to state the total value assigned to the surplus property to be traded.
7. Donation. By donation to any nonprofit organization operating within or providing a service to residents of the City.
B. Disposal of Property with Minimal Value. Surplus property which has a value of less than $500.00, or for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost effective, including by disposal as waste. The Purchasing Manager making the disposal shall make a record of the value of the item and the manner of disposal. Disposal of property to City employees under this subsection is strictly prohibited.
C. Personal-Use Items. An item (or indivisible set) of specialized and personal use, such as clothing, with a current value of less than $100.00, may be sold to the employee or retired or terminated employee for whose use it was purchased at fair market value, as supported by a written record. [Ord. 692 § 16, 2005.]