Chapter 3.32
PURCHASING AND CONTRACT PROCEDURES

Sections:

Article I. General Provisions

3.32.010    Purpose and interpretation.

3.32.020    Definitions.

3.32.030    Purchasing officer – Powers and duties.

3.32.040    Centralization of procurement authority.

3.32.050    Standard specifications.

Article II. General Contracting Procedures

3.32.060    Authority – Generally.

3.32.070    Contracts enforceable against City – When.

3.32.080    Availability of funds required.

3.32.090    Execution.

3.32.100    Administration authority.

3.32.110    Amendments – When permitted.

3.32.120    Amendments – Fund availability required.

3.32.130    Multiyear contracts.

Article III. Methods of Source Selection

3.32.140    Competitive sealed bidding required – Exceptions.

3.32.150    Bidding – Solicitation and acceptance.

3.32.160    Award – Responsible bidder required.

3.32.170    Award – Procedures.

3.32.180    Waiver of irregularities.

3.32.190    Competitive sealed proposals – Negotiated procurement.

3.32.200    Open market procedure.

3.32.210    Sole source procurement.

3.32.220    Repealed.

3.32.230    Repealed.

3.32.240    Bonds.

3.32.245    Credit card usage.

Article IV. Disposal of Personal Property

3.32.250    Surplus City property.

3.32.260    Abandoned, stolen or found property – Generally.

3.32.270    Notice of possession.

3.32.280    Disposition.

3.32.290    Auction sale.

3.32.300    Dangerous or perishable property – Immediate disposal.

Article I. General Provisions

3.32.010 Purpose and interpretation.

A. The purposes of this chapter are:

1. To maximize fair and open competition and to discourage collusive bidding for City contracts, consistent with the efficient operation of the City government; and

2. To maximize the purchasing value of City funds.

B. This title shall be construed and applied to promote the purposes stated in this section. [Prior code § 9.10.020].

3.32.020 Definitions.

As used in this chapter:

“Abandoned and derelict vessels” shall be as set out in AS 30.30.10 through 30.30.180.

“Agency” means any department or office of the City.

“Agency head” means the department head, director or other chief administrative officer of an agency.

“Architectural-engineering services” means those professional services within the scope of the practice of architecture, engineering or land surveying, as defined by the law of the State.

“Construction” means the on-site erection, alteration, extension or repair of improvements to real property including painting or redecorating buildings, highways or other improvements, under contract for the City, but does not include:

1. Routing operation, repair or maintenance of existing buildings or improvements which are recurring services normally performed in connection with the ownership, occupancy or use of the building or improvement; or

2. Building or installation of an improvement to real property by the owner of that property when such improvement is expressly required by this code or a tariff of a utility.

“Contract,” for purposes of application of the provisions of this chapter, includes all types of agreements to which the City is a party, regardless of what they may be called, for the procurement or disposal of supplies, services, professional services or construction, but does not include collective bargaining agreements, subdivision agreements, water or sewer main extension agreements or other similar agreements whereby the owner or a person acting under the direction of the owner of real property agrees to construct improvements of a public nature on property to be dedicated to the City.

“Contract amendment” means any change in the terms of a contract accomplished by agreement of the parties, including change orders.

“Grant” means the furnishing by the City of assistance, whether financial or otherwise, to implement a program authorized by law. The furnishing by the City of anything of value in exchange for supplies, services, professional services or construction required to perform a function of the City is a contract and not a grant.

“Professional service” means those advisory, consulting, architectural, engineering, research or developmental services which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise or training gained by formal studies or experience.

“Services” means those services of a nonprofessional nature which are described within contract specifications and which are needed or desired by the City.

“Supplies” means any tangible personal property. [Prior code § 9.10.010].

3.32.030 Purchasing officer – Powers and duties.

A. The Manager shall act as purchasing officer or delegate that function to another City employee.

B. Except as this code provides otherwise, the purchasing officer shall have the following authorities and responsibilities:

1. To procure all supplies, services and construction required by the City;

2. To sell, trade or otherwise dispose of surplus supplies belonging to the City;

3. To maintain all records pertaining to the procurement of supplies, services and construction, and the disposal of supplies, by the City;

4. To join with other units of government in cooperative purchasing ventures where the best interests of the City would be served thereby;

5. To compile and maintain, to the extent practicable, a bidders’ list for supplies, services, professional services and construction utilized by the City;

6. To compile and maintain a log of all contracts awarded for supplies, services, professional services or construction, together with any amendments thereto; and

7. Any other authorities and responsibilities which this chapter assigns the purchasing officer;

8. Prior to incurring a nonbudgeted expense in the amount of $5,000 or more, the City Manager must have Council approval. This does not apply to emergency purchases. [Ord. 305-94 § 2, 1994; Ord. 173-91 § 1, 1990. Prior code § 9.10.030].

3.32.040 Centralization of procurement authority.

Except as this code provides otherwise, all rights, powers and authority pertaining to the procurement of supplies, services and construction required by the City are vested in the purchasing officer. [Prior code § 9.10.040].

3.32.050 Standard specifications.

A. Every using agency shall propose, insofar as practicable, standard specifications for the supplies, services, professional services and construction that it requires.

B. The purchasing officer shall adopt standard specifications for supplies, services and construction wherever practicable. The standard specifications adopted by the purchasing officer shall be based upon those proposed by using agencies, modified as necessary to maximize clarity, uniformity and open competition, while effectively serving the needs of the using agencies and the efficient operation of the City government. [Prior code § 9.10.050].

Article II. General Contracting Procedures

3.32.060 Authority – Generally.

The City may, pursuant to an award in accordance with Article III of this chapter, contract with any person to acquire any supplies, services, professional services or construction required by the City. [Prior code § 9.20.010].

3.32.070 Contracts enforceable against City – When.

No contract for supplies, services, professional services or construction, or any amendment thereto, may be enforced against the City unless the contract or amendment thereto has been set forth in a writing executed in accordance with this article. [Prior code § 9.20.020].

3.32.080 Availability of funds required.

No contract for supplies, services or construction may be executed unless the finance officer has certified that funds are available for the City’s performance under the contract. [Ord. 305-94 § 3, 1994. Prior code § 9.20.030].

3.32.090 Execution.

All City contracts for supplies, services, professional services and construction, and any amendments thereto, shall be signed by the Manager. [Prior code § 9.20.040].

3.32.100 Administration authority.

A. The using agency shall administer all contracts for supplies, services or professional service except as otherwise designated by the Manager.

B. The Manager, or his designee, shall administer all construction contracts. [Prior code § 9.20.050].

3.32.110 Amendments – When permitted.

Contract amendments shall not be used to avoid procurement by the competitive procedures established under this title. Except for emergency or proprietary procurements authorized under WMC 3.32.210, contracts for supplies, services, professional services and construction may be amended by the Manager only for the following reasons:

A. To change the quantity ordered or date of delivery under a contract for supplies, where necessary to meet unforeseen City requirements;

B. To change the quantity of services or professional services to be rendered or to change the scope of a project under a contract for services or professional services, where necessary to meet unforeseen City requirements;

C. To change the scope of a project or the scope of services or professional services under a construction contract to meet unforeseen City requirements or to change the specifications under a construction contract because unforeseen conditions render the original specifications impracticable;

D. To change the time for completing a project under a contract for services, professional services or construction;

E. To correct an error in contract specifications made by the City in good faith, or to resolve a good faith dispute between the City and a contractor as to a party’s rights and obligations under the contract; or

F. To change administrative provisions of a contract without materially altering the contract terms governing the quantity or quality of supplies, services, professional services or construction furnished the City. [Prior code § 9.20.060].

3.32.120 Amendments – Fund availability required.

No contract amendment that will increase the contract price may be approved or executed unless the finance officer has certified that funds are available for the City’s performance under the contract as amended. [Ord. 305-94 § 4, 1994. Prior code § 9.20.070].

3.32.130 Multiyear contracts.

The City may enter into contracts for a term extending beyond the current fiscal year; provided, that funds are available for the City’s performance during the current fiscal year, and:

A. The City’s payment and performance obligations for succeeding fiscal years are subject to the availability of funds lawfully appropriated therefor, with the City being subject to no damages, penalties or forfeitures if such funds are not appropriated; or

B. The contract is approved by ordinance. [Prior code § 9.20.080].

Article III. Methods of Source Selection

3.32.140 Competitive sealed bidding required – Exceptions.

Unless otherwise authorized under this article or other provision of law, all City contracts for supplies, services and construction shall be awarded by competitive sealed bidding. [Prior code § 9.30.010].

3.32.150 Bidding – Solicitation and acceptance.

A. The purchasing officer shall initiate competitive sealed bidding by issuing an invitation for bids. The invitation for bids shall state, or incorporate by reference, all specifications and contractual terms and conditions applicable to the procurement.

B. Public notice of the invitation for bids shall be posted in at least three public places in the City, including the City offices, at least 14 days before the last day on which bids will be accepted. The contents of the notice shall be sufficient to inform interested readers of the general nature of the supplies, services or construction being procured and the procedure for submitting a bid. The purchasing officer shall mail or otherwise deliver notices to a sufficient number of prospective bidders from a current bidders’ mailing list maintained in the purchasing office to afford equitable opportunity for competition. The failure of any person to receive notice under this subsection shall not affect the validity of any award or contract.

C. The purchasing officer may provide for a pre-bid conference to be held at least seven days before the last day for submitting bids. At the pre-bid conference or at other times deemed appropriate by the purchasing officer, the terms of an invitation for bids may be modified or interpreted, but only by written addenda issued by the purchasing office. Addenda to bids shall be sent to each recipient of the original bid documents. Only a bid acknowledging receipt of all addenda may be considered responsive, unless the addendum, in the opinion of the purchasing officer, would have no material effect on the terms of the bid. If an addendum is issued less than five working days before the last day on which bids are to be accepted, the time for accepting bids shall be extended to at least five working days after the date on which the addendum was sent.

D. Sealed bids shall be designated as such on the outer envelope and shall be submitted by mail or in person at the place and no later than the time specified in the invitation for bids. Bids not submitted at the proper place or within the time specified shall not be opened or considered.

E. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. Any bidder may review bids immediately after opening and prior to tabulation or summary. The purchasing officer shall tabulate the amount of each bid and shall record such other information as may be necessary or desirable for evaluation together with the name of each bidder. The tabulation shall be open to public inspection, and a copy of the tabulation shall be furnished to each bidder.

F. Bids shall be accepted unconditionally without alteration or correction. For purposes of determining the low bidder and the responsiveness of bids, no criteria except those set forth in the invitation for bids, including all specifications and addenda, may be used. [Prior code § 9.30.020].

3.32.160 Award – Responsible bidder required.

A contract award under this article shall be made only to a responsible bidder. The purchasing officer shall determine whether a bidder is responsible on the basis of the following criteria:

A. The skill and experience demonstrated by the bidder in performing contracts of a similar nature;

B. The bidder’s record for honesty and integrity;

C. The bidder’s capacity to perform in terms of facilities, personnel and financing;

D. The bidder’s past performance under City contracts. If the bidder has failed in any material way to perform its obligations under any contract with the City, the bidder may be deemed a non-responsible bidder. [Prior code § 9.30.030].

3.32.170 Award – Procedures.

A. Contract shall be awarded by written notice issued by the purchasing officer to the lowest responsive and responsible bidder; provided, that a preference of five percent of the lowest responsive and responsible bid, but not exceeding $5,000, may be allowed to any bidder whose principal place of business is in the City. If the Council determines that it is in the best interest of the City to do so, the City may reject all bids.

B. If the lowest responsive and responsible bid exceeds the amount of funds certified to be available for the procurement, and if sufficient additional funds are not made available, the scope of the procurement may be reduced to bring its estimated cost within the amount of available funds. The purchasing officer shall issue a new invitation for bids for the reduced procurement, or, upon a finding that the efficient operation of the City government requires that the contract be awarded without delay, he may negotiate with the three lowest responsive and responsible bidders, and may award the reduced contract to the best negotiated proposal. [Prior code § 9.30.040].

3.32.180 Waiver of irregularities.

The Council may waive irregularities in any and all bids, except that timeliness and manual signature requirements shall not be waived. [Prior code § 9.30.050].

3.32.190 Competitive sealed proposals – Negotiated procurement.

A. If the purchasing officer determines that use of competitive sealed bidding is not practicable, the City may procure supplies, services or construction by competitive sealed proposals under this section.

B. The purchasing officer shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference all specifications and contractual terms and conditions to which a proposal must respond, and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. Public notice of a request for proposals shall be given in accordance with WMC 3.32.150(B). One or more pre-proposal conferences may be held in accordance with WMC 3.32.150(C). A request for proposals may be modified or interpreted only in the manner provided in WMC 3.32.150(C).

C. Sealed proposals shall be designated as such on an outer envelope and shall be submitted by mail or in person at the place and no later than the time specified in the request for proposals. Proposals not submitted at the place or within the time so specified shall not be opened or considered.

D. Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award.

E. In the manner provided in the request for proposals, the purchasing officer may negotiate with those responsible proponents whose proposals are determined by the purchasing officer to be reasonably responsive to the request for proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the request for proposals. The purchasing officer may permit proponents to revise their proposals after submission and prior to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions, neither the purchasing officer nor any other City officer or employee shall disclose any information derived from proposals of competing proponents.

F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the City. No criteria other than those set forth in the request for proposals, as modified by any addenda thereto, may be used in proposal evaluation. If the Council determines that it is in the best interest of the City to do so, the City may reject all proposals. [Prior code § 9.30.060].

3.32.200 Open market procedure.

A. The purchasing officer may procure all supplies, services, professional services and construction having estimated value of more than $1,000 and less than $5,000 on the open market without formal advertising or other formal bid procedures.

B. Whenever practicable, at least three informal bids or quotations shall be solicited for any procurement under this section. The solicitation may be either oral or written, and shall be in a form reasonably calculated to yield the lowest responsive bid by a responsible bidder.

C. Awards, where practicable, shall be made to the lowest responsive and responsible bidder. The purchasing officer shall keep a record of all open market bids received and awards made thereon. [Ord. 04-2013 § 3, 2013. Prior code § 9.30.070].

3.32.210 Sole source procurement.

The purchasing officer may procure supplies, services, professional services and construction without competition where the City Manager determines in writing that one of the following circumstances applies:

A. Small Purchases. The estimated value of the procurement is not more than $1,000.

B. Proprietary Requirements. The City may award a contract for supplies, services, professional services, or construction without competition where the purchasing officer determines in writing that the City’s requirements reasonably limit the source for the supplies, services, professional services, or construction to one vendor.

C. Emergency Procurements. The City may award a contract for supplies, services, professional services, or construction without competition, formal advertising, or other formal procedure where the Manager determines in writing that an emergency threatening the public health, safety, or welfare requires that the contract be awarded, or that the procurement be otherwise transacted, without delay. A report on such contract or procurement shall be made to the Council no later than the second regular meeting following the award of the contract or the execution of the procurement.

D. Professional Services Procurement.

1. Except as authorized by WMC 3.32.200 and other provisions of this section, professional services shall be procured in accordance with this subsection.

2. Persons interested in providing professional services for the City may submit statements of qualifications to the purchasing office.

3. To the extent practicable, notice of the need for professional services shall be given by the purchasing office. Such notice shall describe the services required and shall list the type of information and data required of each person submitting a proposal.

4. The agency head, or his designee, may conduct discussions with any person who has submitted a proposal to determine such person’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other persons.

5. Award shall be made to the person determined by the agency head and the purchasing officer to be the best qualified and shall be for an amount of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified person, negotiations will be formally terminated with that person. If proposals were submitted by one or more other persons determined to be qualified, negotiations may be conducted with such other person or persons, in order of their respective qualification ranking, and the contract may be awarded to the person then ranked as best qualified if the amount of compensation is determined to be fair and reasonable.

E. Collaboration with Other Governmental Units. The supplies, services or construction may be purchased from or through another governmental unit at a price lower than that obtainable from private vendors. [Ord. 04-2013 § 3, 2013. Prior code § 9.30.080].

3.32.220 Emergency procurements.

Repealed by Ord. 04-2013. [Prior code § 9.30.090].

3.32.230 Professional services procurement.

Repealed by Ord. 04-2013. [Prior code § 9.30.100].

3.32.240 Bonds.

A. The purchasing officer may require that persons submitting bids pursuant to this chapter accompany their bids with a bid bond in an amount and in a form acceptable to the purchasing officer. The bond shall be issued by a company qualified by law to do business as a surety in the State, or shall be in the form of a cash deposit. A condition of the bond shall be that if the bidder receives the award, he shall enter into a contract therefor with the City.

B. If a requirement for a performance and payment bond is included in the terms of the invitation to bid, the purchasing officer shall require that any person awarded the contract furnish such bond, issued by a company qualified by law to do business as a surety in the State. The bond shall be in an amount determined by the purchasing officer and in a form approved by the City Attorney. Such bonds shall, at a minimum, guarantee the full and faithful performance of all contract obligations and the payment of all labor and materials to be used under the contract. [Prior code § 9.30.110].

3.32.245 Credit card usage.

A. The purpose of this section is to establish the procedures utilized by the purchasing officer in the distribution, authorization, control and payment of bills related to the use of credit cards issued to or for the benefit of the City and used by City elected officials and employees.

B. The authority to assign credit cards is the responsibility of the purchasing officer. Credit cards may be distributed to those City elected officials and employees who, in the opinion of the purchasing officer have official City duties and responsibilities that would benefit or otherwise be facilitated by use of a credit card. The activation and administration of all credit cards shall be coordinated through the finance department. The individual to whom the card is issued is responsible for the card and its proper use.

C. All elected officials and employees who use City credit cards shall satisfy the criteria established for credit card use. Prior to the assignment and activation of a credit card, all persons assigned a credit card must sign and agree to specific conditions and requirements as determined by the purchasing officer.

D. All credit cards limits for elected officials and employees shall be set by the purchasing officer and shall not exceed $10,000 per card.

E. The use of a City credit card is for official City use only, and all credit card purchases must be within established appropriations after following all City management policies and procedures. Issuance of a City credit card does not indicate preapproval of expenditures or expenses.

F. All credit balances shall be paid in full each month according to each monthly statement received and shall not become debts of the City. The original monthly statements shall be kept on file in the City finance department. The finance officer is responsible for verifying and reconciliation of all credit card usage and charges.

G. Whenever possible credit cards will not be used in lieu of the normal procurement and purchasing procedures of the City. The use of credit cards shall be limited to those instances in which there is a demonstrated need to perform essential City business, to improve City management efficiency in the best interest of the City, or in situations in which necessary purchases and procurement cannot be provided by any other procurement means.

H. All credit card holders are responsible for delivery of all original credit card receipts or other appropriate documentation for every credit card purchase describing and approximately coding each transaction to the purchasing officer no later than 10 days after use. In the event of a lost or missing receipt, the credit card holder must complete a statement explaining the absence of the documentation and confirming that the expenses were legitimately incurred in the conduct of City business. Any purchases made without such documentation may be cause for deactivation of that credit card. Failure to comply with this section may constitute grounds for disciplinary action and may subject the violator to be held responsible for the cost of said purchases.

I. City elected officials and employees who are assigned credit cards are required to immediately report any damaged, lost or stolen credit card to the purchasing officer. All damaged, lost or stolen credit cards shall be deactivated. When the City elected official or employee no longer requires use of a credit card, it is the responsibility of the elected official or employee to ensure that the credit card is immediately returned to the purchasing officer. Failure to comply with this section shall constitute grounds for disciplinary action and may subject the card holder to be held responsible for monetary losses incurred by the City caused by a delay in reporting the theft or loss or returning a credit card.

J. The purchasing officer may immediately cancel or order the surrender of any card that appears to have been misused. If any credit card holders use a City credit card for purchases for personal business, personal purchases of any kind or purchases otherwise contrary to public policy forbidden by law or otherwise disallowed, the purchasing officer reserves the right to set aside such purchase and hold the person authorizing the purchase personally liable for any charges, interest, fees, fines or other damages caused by the unauthorized purchase and may subject the card holder to disciplinary action under applicable City and State law.

K. The purchasing officer is authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this section, including developing specific administrative guidelines and accounting controls to ensure the proper usage of credit cards and City funds. [Ord. 20-2014 § 1, 2015; Ord. 07-2013 § 2, 2013].

Article IV. Disposal of Personal Property

3.32.250 Surplus City property.

A. At least annually, the Manager shall identify all personal property owned by the City that is obsolete, no longer serviceable, or surplus to the City’s needs.

B. Any item of property identified under subsection (A) of this section whose estimated value exceeds $2,500 shall be sold to the highest bidder for cash by a sealed bidding procedure or at public auction. Notice inviting bids, or of the time and place of the auction, and the manner of processing sealed bids, shall be as provided in WMC 3.32.150.

C. Any item of property identified under subsection (A) of this section whose value does not exceed $2,500 shall be disposed of as directed by the Manager. Unless the Manager finds it impracticable to do so, such property shall be sold for its fair market value or sold or donated to a governmental, education, charitable or community organization.

D. The Manager shall report to the Council at least annually all disposals under this section of items of personal property whose value exceeds $100.00. [Prior code § 9.40.010].

3.32.260 Abandoned, stolen or found property – Generally.

The following property in possession of the Police Department or the Harbormaster, except for the impoundment and disposition of vessels which will be disposed of as provided in WMC 12.04.210, may be disposed of as provided in WMC 3.32.270 through 3.32.300:

A. Property abandoned and not claimed by the owner within 60 days after the date on which the City obtained possession of the property;

B. Property deemed abandoned under other provisions of this code;

C. Property stolen and not claimed by the owner within 60 days after the final disposition of the criminal case of the person who allegedly stole the property; and

D. Property found and delivered to the Police Department or Harbormaster and not claimed by the owner within 60 days after the Police Department or Harbormaster obtained possession of the property. [Ord. 329-96 § 2, 1996. Prior code § 9.40.020].

3.32.270 Notice of possession.

The Chief of Police or Harbormaster shall notify the purchasing officer that he is in possession of disposable property. The purchasing officer shall publish in a newspaper of general circulation in the City once a week for four consecutive weeks a notice of possession of the stolen, abandoned or found property and post notice of possession in at least three public places in the City, including the City offices, for the same period. At approximately the same time as the first publication, the purchasing officer shall send copies of the notice by certified mail (return receipt requested) to the last known address, if any, of the owner, if known, and the last known address, if any, of the finder, if known. The notice shall include:

A. A general description of the property;

B. The date on which the Police Department or Harbormaster obtained possession of the property;

C. The provision that the property is to be sold at public auction at the time, date and place stated in the notice, and the proceeds will be forfeited to the general fund of the City, if the owner or finder does not claim the property;

D. The provision that the property, if money, will be paid into the City treasury for deposit to the general fund, if the owner or finder does not claim the money;

E. The provision that the property must be claimed by the owner within 30 days after the last date of publication of the notice;

F. The provision that the finder will forfeit all of his right, title, interest and claim in and to found property or money unclaimed by the owner unless the finder files a written request with the Chief of Police or Harbormaster for return to the finder of the unclaimed property or money, and that the request must be filed no later than 30 days after the last date of publication of the notice. [Prior code § 9.40.030].

3.32.280 Disposition.

If the property is unclaimed by the owner after the publication and mailing of the notice of possession and the expiration of the notice of possession and the expiration of the time periods specified by WMC 3.32.270, the property shall be disposed of as follows:

A. Found property, including money, shall be returned to the finder if he has timely requested such return.

B. All property, other than money, not claimed or returned to the finder shall be sold by the purchasing officer at a public auction sale held pursuant to the notice given in WMC 3.32.270. The proceeds of the sale, together with any unclaimed or unreturned money, shall be forfeited to the general fund of the City. [Prior code § 9.40.040].

3.32.290 Auction sale.

The purchasing officer shall sell the property to be disposed of to the highest bidder for cash at the public auction sale. The auction sale may be continued by the auctioneer to another time or times. The purchasing officer shall certify as to the disposal of property and shall execute the bill of sale to the property sold. Upon acceptance to the highest bid, the sale shall be final and not subject to redemption. Property unsold shall become the property of the City and may be disposed of by the City according to law. [Prior code § 9.40.050].

3.32.300 Dangerous or perishable property – Immediate disposal.

Property in the possession of the Police Department or Harbormaster and determined by that officer to be perishable or to constitute an immediate danger to the public may be disposed of immediately in any manner without notice of sale. Proceeds of any such disposition shall be forfeited to the general fund of the City. [Prior code § 9.40.060].