CHAPTER 2
PURCHASES, CONTRACTS AND SALES1

SECTION:

Article 1. Purchasing and Contracting

Division 1. General Provisions

2-2-101:    Definitions

2-2-102:    Professional Services

2-2-103:    Authority of the Purchasing Manager

2-2-104:    Standards and Specifications; Exemption from California Public Contract Code

2-2-105:    Sustainable Standards for Purchasing

2-2-106:    Unauthorized Purchases; Exceptions

2-2-107:    Approval of Purchases and Contracts for Goods and Services

2-2-108:    Authority of Purchasing Manager to Enter into Price Agreements and Other Agreements for Goods or Services

2-2-109:    Gifts and Rebates

2-2-110:    Inspection and Testing

Division 2. Procurement Process for Goods and Services

2-2-111:    Competitive Bidding

2-2-112:    Exceptions to Competitive Bidding

2-2-113:    Solicitation Process

2-2-114:    Criteria for Evaluating Bids or Proposals, in Addition to Price

2-2-115:    Defaulting Bidder

Division 3. Provisions Especially Applicable to Public Works Construction Contracts

2-2-116:    Bids or Proposals for Public Works Construction Contracts

2-2-117:    Contractor’s License Required

2-2-118:    Fees

2-2-119:    Bonds

2-2-120:    Payment of Prevailing Wages, Determination of General Prevailing Rates of Per Diem Wages for Workers

2-2-121:    Department Directors Are Authorized to Execute Notices of Completion

2-2-122:    Protest Procedure

2-2-123:    Emergency Expenditures

Article 2. Sale, Exchange or Lease Of Real Property Owned by City

Division 1. General Provisions

2-2-201:    Requisites for Authority to Sell, Lease or Exchange

2-2-202:    Terms of Sales

2-2-203:    Contents of Resolution

2-2-204:    Bids for the Sale, Lease, or Exchange of Real Property

2-2-205:    Withdrawal from Sale

2-2-206:    Payment of Commission to Broker

Division 2. Property Acquired By Special Assessment Proceedings

2-2-207:    Statement of Policy; Resale of Real Property Acquired by Special Assessment Proceedings

2-2-208:    Definitions

2-2-209:    Application to City Manager for Reconveyance

2-2-210:    Presumption of Ownership

2-2-211:    Reconveyance by the Mayor

2-2-212:    Payments for Reconveyance

2-2-213:    Property Required for Public Use

Division 3. Short-Term Temporary Use of City Property

2-2-214:    Short-Term Temporary Use of City Property

Article 3. Disposition of Surplus Personal Property

2-2-301:    Sale, Exchange or Other Disposition

Article 4. Care, Restitution and Sale or Disposition of Unclaimed Property in Possession of Police Department

2-2-401:    Unclaimed Property; Definition

2-2-402:    Storage and Holding Period of Unclaimed Property

2-2-403:    Restitution of Unclaimed Property to Owner

2-2-404:    Return of Lost Property to Finder

2-2-405:    Quick Sale of Unclaimed Property in Danger of Perishing, Etc.; Donation to Nonprofit Organization

2-2-406:    Transfer of Unclaimed Property to the Auction Company for Sale

2-2-407:    Sale of Unclaimed Property at Public Auction

2-2-408:    Publication of Notice of Intention to Sell Unclaimed Property

2-2-409:    Time and Manner of Sale of Unclaimed Property

2-2-410:    Disposition of Proceeds from Sale of Unclaimed Property

2-2-411:    Unclaimed Property Remaining After Sale; Report to City Manager; Disposition

2-2-412:    Expenses of Sale of Unclaimed Property

Article 5. Purchase or Lease of Real Property for City Purposes

2-2-501:    Authority of City Manager to Purchase or Lease Real Property for City Purposes

2-2-502:    Appraisals Required for Purchase or Lease of Real Property for City Purposes

2-2-503:    Purchases or Leases of Real Property for City Purposes in Excess of Appraisals

2-2-504:    Property with a Fair Market Value of Ten Thousand Dollars or Less; Authority of City Manager to Purchase or Lease

2-2-505:    Acceptance of Deeds

ARTICLE 1. PURCHASING AND CONTRACTING*

*Prior legislation: Ordinance 19-3,923 amends and restates this article in its entirety, which derives from Ordinances 2194, 2233, 2281, 2383, 2412, 2660, 2788, 3058, 3282, 3395, 3478, 3498, 3550, 3591, 3600, 3603, 14-3,857 and 14-3,858.

DIVISION 1. GENERAL PROVISIONS

2-2-101: DEFINITIONS:

As used in this article, unless the context otherwise indicates:

ANNUAL SERVICE CONTRACTS OR MAINTENANCE AGREEMENTS: Contracts for routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. It shall include, but not be limited to, carpentry, roofing, electrical, plumbing, glazing, painting, and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures; janitorial or custodial services of a routine, recurring or usual nature; security guards; and, landscape maintenance. Contracts for computer hardware and software, end user license agreements, web design agreements and all equipment maintenance agreements are included in this definition.

BEST VALUE: A value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the City and meeting the objectives of the project or a tradeoff between price and other factors specified in the solicitation.

CITY MANAGER: The person holding the position of City Manager of the City or their designee.

DEPARTMENT DIRECTOR: The person holding the highest executive position in each City department or their designee.

DESIGN BUILD: A project delivery process in which both the design and construction of a project are procured from a single entity, who is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design build contract.

EMERGENCY: An unforeseen combination of circumstances or resulting state that calls for action to preserve life, property or public health. This definition of emergency is in addition to the definition in Section 5-2-102, and either definition may be applicable under Charter Section 1205.

FINANCIAL SERVICES DIRECTOR: The person holding the position of Financial Services Director or their designee.

E-PROCUREMENT: A procurement method where bids on public works or other contracts for goods and services are received electronically.

GOODS: All supplies, products, materials and equipment.

PRICE AGREEMENT: A competitively bid contract for goods or services, issued for a base year and subject to renewal for up to four (4) additional option years for a total of five (5) years.

PROFESSIONAL SERVICES: Accounting, appraisal, architectural, auditing, engineering, environmental, design, land surveying, construction management, legal, financial planning, medical or planning services or any service which is similarly professional, scientific, expert, or technical.

PUBLIC WORKS CONSTRUCTION: Construction, alteration, or improvement of any public buildings, structures, or streets involving the expenditure of City money exceeding the amount established by Section 2-2-116. Excluded from this definition are annual service contracts, Maintenance Agreements, and contracts for ordinary repair and maintenance (including, but not limited to, slurry sealing of streets, spot replacement and repair of existing sewer lines, carpentry, electrical, plumbing, painting, roofing and other craft work) designed to preserve public facilities in a safe, efficient and continually usable condition for which they were intended. Notwithstanding the foregoing, all such contracts excluded from the definition of Public Works Construction may still be subject to the Labor Code prevailing wage and other requirements under Section 2-2-120.

PURCHASING MANAGER: The person holding the position of Purchasing Manager of the City or any person designated by the Financial Services Director to fulfill the function.

REQUEST FOR PROPOSAL: A solicitation to receive proposals to obtain goods and services through a negotiated process pursuant to the applicable Administrative Procedures.

REQUEST FOR QUOTATION: A competitive bid solicitation for goods or services that is awarded to the lowest responsible and responsive bidder.

RESPONSIVE BID OR PROPOSAL: A bid or proposal that substantially complies with all solicitation procedures and requirements.

RESPONSIVE BIDDER: A bidder that meets all the requirements of the solicitation with no irregularities or errors that have not been waived.

REVERSE AUCTION: A procurement method where vendors submit open bids against each other in a transparent process until the date of the closing of bids.

SERVICES: Work performed or labor, time, and effort expended by an independent contractor. The term shall not include professional services. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-102: PROFESSIONAL SERVICES:

A.    The procurement of professional services shall be pursuant to the applicable Administrative Procedure. It is the policy of the City to select a professional service provider on the basis of demonstrated competence and qualifications for the types of services to be performed, and at fair and reasonable prices. Said procedures shall establish rules and regulations for the solicitation and evaluation of proposals from providers of professional services based on objective criteria which implement the policy of the City set forth herein.

B.    The City Manager may approve and execute agreements for professional services on behalf of the City as follows.

1.    Agreements not exceeding one hundred thousand dollars ($100,000.00) for which funds have been included in the City Council adopted Annual Budget; or

2.    Where the cost of such service is paid for by another person or entity or where the City is acting as an agent of a third party in procuring such services paid for by the third party; or

3.    Agreements for which funds have been included in the adopted annual budget and listed in the Appendix List of Agreements and Contracts of the annual Budget adopted by the City Council.

C.    Except as provided for above in subsection B, agreements for professional services in excess of one hundred thousand dollars ($100,000.00) must be approved by the City Council.

D.    The City Council may delegate power to award contracts under this section to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this code. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-103: AUTHORITY OF THE PURCHASING MANAGER:

The Purchasing Manager shall have the authority within the requirements of this Code to:

A.    Purchase and contract for all goods and services needed by City departments,

B.    Conduct all bidding procedures called for by this article;

C.    Sign all purchase orders and change orders for goods and services;

D.    Examine each estimate and requisition and revise it as to quantity, quality, and estimated cost consistent with required standards and specifications;

E.    Procure for the City the highest quality of goods and services at the least expense to the City;

F.    Obtain full and open competition as required in this article and discourage collusive bidding;

G.    Prescribe and maintain such forms as are reasonably necessary for the efficient operation of purchasing and contracting under this article;

H.    Prepare and adopt standard terms and conditions for purchasing.

I.    Maintain a current list of all registered vendors and contractors, with their names, addresses, emails and phone numbers within the Purchasing Division. Registered vendors shall be notified of any applicable City bid solicitations;

J.    Buy “in bulk” when practicable, to take full advantage of quantity rates and discounts;

K.    Apply all federal, state and local tax exemptions to which the City is entitled;

L.    Disqualify vendors who default on a bid or proposal from receiving any solicitations from the City for a stated period of time, pursuant to the City’s Administrative Policy.

M.    Authorize subordinates to carry out responsibilities assigned to the Purchasing Division hereunder and pursuant to any applicable Administrative Procedures. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-104: STANDARDS AND SPECIFICATIONS; EXEMPTION FROM CALIFORNIA PUBLIC CONTRACT CODE:

A.    Specifications for Goods and Services: The initiating department is responsible for preparing the written specifications for goods and services needed by the City. The Purchasing Manager shall have final approval of specifications for goods and services needed by the City.

B.    Contract Documents for Public Works Construction: Contract documents for Public Works Construction shall be prepared by the Purchasing Division and technical specifications, plans and drawings shall be prepared by the initiating department and shall bear the endorsed approval of such department and the Purchasing Manager, before any bids are called for or any purchases made or contracts awarded. Contract Documents involving the expenditure of City money exceeding the amount established by 2-2-116 shall be reviewed and approved by the City Attorney’s Office. Contract documents below the amount established by 2-2-116 may be reviewed by the City Attorney’s Office at the discretion of the Purchasing Manager.

C.    Exemption from California Public Contract Code: Except as provided in this code or pursuant to agreement approved by the City Council, the City of Burbank, as a Charter City, is exempt from the provisions of the California Public Contract Code.

D.    Approval of Technical Specifications, Plans, and Drawings: The City Manager, Public Works Director, City Engineer, Burbank Water and Power General Manager, or designee, is delegated authority, on behalf of the City, to approve in advance of construction technical specifications, designs, plans, and/or drawings for any construction of, or an improvement to, public property. Any subsequent changes to said technical specifications, designs, plans, and/or drawings may also be approved by the City Manager, Public Works Director, City Engineer, Burbank Water and Power General Manager, or designee, prior to construction of the change. When such changes are made during construction, the “as built” plans will reflect all changes. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-105: SUSTAINABLE STANDARDS FOR PURCHASING:

A.    The City is committed to the use of sustainable products whenever feasible, pursuant with the City’s applicable Administrative Procedures.

B.     The City shall strive to build and maintain LEED certified facilities whenever practical. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-106: UNAUTHORIZED PURCHASES; EXCEPTIONS:

It is prohibited for any City officer or employee to purchase or contract for goods or services for the City other than through the Purchasing Division except as allowed by applicable Administrative Procedures. All such purchases or contracts shall be pursuant to this Code and applicable Administrative Procedure. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-107: APPROVAL OF PURCHASES AND CONTRACTS FOR GOODS AND SERVICES:

A.    City Council approval for the purchase of goods and services is provided through the resolution approving the annual City budget. Multi-year contracts with a cumulative value (value of all years combined) exceeding one hundred thousand dollars ($100,000) shall be submitted to the City Council separately for approval and remain subject to annual budget appropriation authority provided by the City Council.

B.    Subject to Division 2, the City Manager may approve and execute contracts for goods and services on behalf of the City as follows, except as provided in Section 2-2-102 and Division 3. All other contracts require City Council approval at an open meeting.

1.    Up to one hundred thousand dollars ($100,000); or

2.    Multi-year contracts with a cumulative value up to $100,000, as long as such contract is subject to annual budget appropriation authority or the funds are encumbered or pre-paid; or

3.    Where such purchase has been authorized through the resolution approving the annual City budget.

4.    Where the cost of such purchase is paid for by another person or entity or where the City is acting as an agent of a third party in procuring such goods or services paid for by the third party.

5.    In case of emergency, pursuant to City Charter Section 1205.

C.    The City Council may delegate the authority to approve contracts for the purchasing of goods and services to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this Code. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-108: AUTHORITY OF PURCHASING MANAGER TO ENTER INTO PRICE AGREEMENTS AND OTHER AGREEMENTS FOR GOODS OR SERVICES:

To obtain quantity or bulk prices or other discounts and to facilitate the City’s operations, the Purchasing Manager may enter into and sign on behalf of the City, Price Agreements and agreements for goods and services if such agreements are for one year or less and funds have been budgeted, and appropriated therefor. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-109: GIFTS AND REBATES:

A City employee involved in the procurement of goods, services or professional services is prohibited from directly or indirectly accepting any rebate, gift, money, or thing of value whatsoever, from any vendor that currently conducts or seeks to conduct business with the City. Advertising or promotional items with a cumulative annual value of $50.00 or less are exempted from this prohibition. All employees not involved with the procurement of goods, services or professional services, are subject to the applicable Administrative Procedure on gifts. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-110: INSPECTION AND TESTING:

The initiating department shall inspect the goods delivered and the services performed to determine their conformance with the specifications set forth in the order or contract, and shall report on such non-conformance to the Purchasing Manager. The initiating department or Purchasing Manager may require chemical and physical tests of samples submitted with bids and samples of deliveries when necessary to determine their quality and conformance with the specifications. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

DIVISION 2. PROCUREMENT PROCESS FOR GOODS AND SERVICES

2-2-111: COMPETITIVE BIDDING:

Except as provided in Section 2-2-112 of this division, all purchases or contracts for goods and services by the City, including approval of purchases through the Resolution approving the annual budget, shall be made through competitive bidding. Competitive bidding includes the use of cooperative purchases, where goods or services can be purchased in cooperation with other public agencies, associations, or when goods or services can be purchased from a vendor offering the same prices, terms and conditions as in a previous award from the City or another public agency either by competitive bid or through a negotiated process and, in the opinion of the Purchasing Manager, it is to the City’s advantage to do so. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-112: EXCEPTIONS TO COMPETITIVE BIDDING:

Competitive Bidding for goods or services may be dispensed in any of the following instances:

A.     By the Purchasing Manager, pursuant to the applicable Administrative Procedure, as follows:

1.    When the annual amount of the purchase or contract is ten thousand dollars ($10,000.00) or less per vendor, per year, per departmental division;

2.    When it has been determined that the City’s requirements can be met solely by a patented, copyrighted or proprietary article or process available from a sole source. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items in use by the city is the overriding consideration;

3.    When an emergency exists and it is in the public interest to dispense with competitive bidding because of urgent necessity for the preservation of life, health, or property, or to restore services to the public;

4.    For the renewal of an authorized multi-year agreement that does not exceed the cumulative term of five years;

5.    When obtaining cable or gas utility service;

6.    For periodical subscriptions, memberships and fees;

7.    When Public Works Construction is performed by the City by its own employees, including work mentioned in Section 1205(a) of the City Charter, the estimated cost of which does not exceed the amount established by 2-2-116.

B.    By the City Manager when deemed necessary for customer service or otherwise in the best interests of the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-113: SOLICITATION PROCESS:

All bids or proposals, except as provided in Section 2-2-102 and Division 3 of this Article, shall be solicited, received or opened pursuant to the applicable Administrative Procedure and as addressed below:

A.    Bid or Proposal Information: The solicitation should include information regarding the place, due date, and manner to which bids or proposals must be submitted, and refer to the directions provided in the solicitation for bids or proposals.

B.    Changes: No changes in the notice for bids or proposals and related documents shall be made less than three (3) calendar days prior to the date set for the bid/proposal opening, unless approved by the Purchasing Manager or their designee. All changes shall be made in the same manner that the bids or proposals were solicited. All addendums, as required, must be acknowledged as received when bids or proposals are submitted.

C.    Opening of Bids and Proposals:

1.    Informal bids may be opened by the Department or the Purchasing Manager pursuant to the applicable Administrative Procedure.

2.    Formal (open process) Competitive Bids may be opened by the Purchasing Manager after the solicitation due date and time pursuant to the applicable Administrative Procedure.

3.    Formal (closed process) Competitive Bids shall remain closed or sealed until the time of the bid opening pursuant to the applicable Administrative Procedure. Bids shall be opened and announced in City Council Chambers or as otherwise noted in the solicitation. Postponement or relocation of the bid opening may be accomplished by an announcement to that effect at the time and date set for the bid opening or by addendum issued to all vendors that have downloaded the bid electronically or have been issued plans and specifications from the Purchasing Division. Receipt of proposals will be announced at the Public Bid and Proposal Opening, but the content of proposals will not be announced.

4.    Reverse Auction: Final bids shall become due at the time and date specified in the Notice Inviting Bids. The bids will be publicly announced in City Council Chambers or as otherwise noted in the solicitation. The due date and time may be extended by notifying the bidders on-line during the live auction process.

5.    Request for Proposals: The proposals shall be opened by the scheduled date and time, pursuant to applicable Administrative Procedure.

D.    Bid or Proposal Irregularities: Except for bids under Division 3 of this Article, the Purchasing Manager shall have the authority to waive all minor irregularities in bids that do not provide an unfair advantage to the bidder.

E.    No Bids: If no bids are received, the Purchasing Manager may proceed without further competitive bidding.

F.    Rejection of Bids: The Purchasing Manager may reject any and all bids received if it is determined that it is in the best interest of the City. If all bids are rejected, the Purchasing Manager may solicit new bids to obtain the goods or services from a vendor.

G.     Award of Contract:

1.    For Bids: Awards shall be made by the Purchasing Manager to the lowest responsive and responsible bidder(s) using the criteria provided in Section 2-2-114. When a Burbank firm is involved in a tie bid with one or more firms from outside the City, all other things being equal, the award shall be made to the Burbank firm.

2.    For Proposals: Awards shall be made on the basis of Best Value, as determined by established criteria and by the evaluation of a proposal committee.

3.    The award may be split between two or more bidders if it is in the City’s best economic interests to do so as determined by the Purchasing Manager.

H.    Protest and City Response:

1.    Three (3) City working days prior to making an award, the City will issue an Intent to Award Letter to each Responsive Bidder. Any Responsive Bidder receiving said letter may protest the award. A written protest must be received by the Purchasing Manager within 3 working days of the notification date of the intent to award letter noting the specific reasons for the protest and all relevant documentation.

2.    The Purchasing Manager shall review the protest and provide the protesting bidder with a written decision regarding the protest within three (3) working days from the receipt of the written protest.

3.    Any appeal of the Purchasing Manager’s decision may be made to the City Manager within three (3) City working days of the date of the decision. The City Manager’s decision shall be binding and final.

4.    In circumstances of urgent need and when it is in the best interest of the City to do so, the City Manager may dispense with the protest procedure provided for in this section and make the award.

5.    The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-114: CRITERIA FOR EVALUATING BIDS OR PROPOSALS, IN ADDITION TO PRICE:

The following factors shall be considered, in evaluating bids or proposals:

A.    The quality of supplies offered;

B.    The ability, capacity and skill of the bidder to perform the contract or provide the supplies or services required;

C.    Whether the bidder can perform the contract or provide the goods or services promptly, or within the time specified, without delay or interference;

D.    The sufficiency of the bidder’s financial resources and the effect thereof on his/her ability to perform the contract or provide the goods or services;

E.    The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

F.    The quality of the bidder’s performance on previous orders or contracts with the City or other entities;

G.    Litigation involving the bidder on previous orders or contracts with the City or if the vendor or contractor is in default on the payment of taxes, license, or other monies due the City;

H.    The previous and existing compliance by the bidder with laws and ordinances relating to the subject of the purchase or contract;

I.    The ability of the bidder to provide future maintenance and service where such maintenance and service is desirable;

J.     Payment of local sales or use taxes that will accrue to the City;

K.    For Bids: Whenever possible, if the cost for goods or services is the same or lower than the cost of goods and services from other countries, the City will make reasonable efforts to purchase goods made in America or services with product components made in America.

For Proposals: Whenever possible, if two or more proposers are tied with the highest scores, the City will make reasonable efforts to purchase goods made in America or services with product components made in America.

L.     For Bids: Whenever possible, if the cost for goods or services is the same or lower than the cost of goods and services from other contractors and vendors, the City will make reasonable efforts to give preference to qualified contractors and vendors using reduced-emission equipment for City construction projects and contracts for goods and services, and to businesses that practice sustainable operations.

For Proposals: Whenever possible, if two or more proposers are tied with the highest scores, the City will make reasonable efforts to give preference to qualified contractors and vendors using reduced-emission equipment for City construction projects and contracts for goods and services, and to businesses that practice sustainable operations. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-115: DEFAULTING BIDDER:

A.    If the successful bidder refuses or fails to accept a purchase order or enter into a contract, as the case may be, within fifteen (15) City working days after such bidder has been notified of the award, the successful bidder is technically in default and the following actions may be taken:

1.    The time for the bidder to enter into the contract may be extended for an additional period of five (5) City working days with written approval of the Purchasing Manager.

2.    Or the Purchasing Manager may make the award to the next lowest Responsive Bidder.

B.    The defaulting bidder shall be liable to the City for the amount of the difference between their bid and that of the next lowest Responsive Bidder and any bid security shall be forfeited to the City. If the award is thus made to the next lowest Responsive Bidder, the amount of the defaulting bidder’s security, if any, shall be applied by the City to the difference between the defaulting bid and the second lowest bid, and the surplus, if any, shall be returned to the defaulting bidder. If there is not enough bid security to compensate the City for its loss, the defaulting bidder shall be liable for the deficit. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

DIVISION 3. PROVISIONS ESPECIALLY APPLICABLE TO PUBLIC WORKS CONSTRUCTION CONTRACTS

2-2-116: BIDS OR PROPOSALS FOR PUBLIC WORKS CONSTRUCTION CONTRACTS:

Contracts involving an expenditure of City money in the amount listed in Public Contract Code Section 220322 requiring formal bidding, which is currently more than two hundred thousand dollars ($200,000.00), for Public Works Construction, except as otherwise provided in this Code, shall be let to contract by formal bidding procedure as follows:

A.    Solicitation of Bids: Bids shall be solicited as provided in Charter Section 1205. Addendum(s) to bid documents shall be provided in the same manner that the bids were solicited, unless otherwise approved by the Purchasing Manager. Addendum(s) shall be provided at least five (5) City working days before the bid opening, unless approved by the Purchasing Manager;

B.    Contents of Notice Inviting Bids: The notice shall include a general description of the public works construction to be contracted for, specify prevailing wage requirements, state where bid forms and specifications may be obtained, and the time and place for the receipt and opening of bids;

C.    Form of Bids: All bids shall be submitted on the forms provided by the City;

D.    Bid Opening: Bids shall be publicly opened by the Purchasing Manager in the City Council Chamber, or as otherwise noted in the solicitation for bids at the time and date set for the bid opening. The bid opening may be postponed or the location changed, if it is in the best interests of the City to do so. Postponement or relocation may be accomplished by an announcement made at the time of the bid opening or prior to the bid opening, and an addendum shall be provided in the same manner that the bids were solicited and shall be given to anyone, who received plans and specifications directly from the City.

E.    After bid opening and prior to award:

1.    The City Manager may:

i.    reject any and all bids;

ii.    order re-advertisement of bids; or

iii.    recommend that City Council dispense with competitive bidding.

2.    The Purchasing Manager may recommend that the City Council waive minor irregularities in bids.

F.    No Bids: If no bids are received, the Purchasing Manager, with the approval of the City Manager, may proceed to have the Public Works Construction done without further competitive bidding.

G.     Environmental Assessment: No contract shall be awarded for, nor shall any work be performed in the construction of any public work or improvement pursuant to the provisions of this section until the work has been reviewed in accordance with the California Environmental Quality Act (CEQA), California Public Resources Code Section 21050, et. seq., the CEQA Guidelines, and applicable sections of the Burbank Municipal Code.

H.    Award of Public Works Construction Contracts: When solicited through this formal bidding procedure, City Council shall award the contract to the lowest Responsive and Responsible Bidder.

I.    A Public Works Construction contract may be awarded through a method, instead of formal bidding, such as a solicitation for design build, as provided in the applicable Administrative Procedures.

J.    Where the solicitation was design build, or other delivery method, prior to award, the City Council shall waive the requirement for competitive bidding by Resolution finding that it is in the best interest of the City, and award the contract to the proposer offering the Best Value as more fully defined in the solicitation.

K.    The City Council may delegate the power to award contracts under this section and make any necessary findings, including but not limited to, compliance with California Environmental Quality Act (CEQA), to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this code. Notwithstanding the foregoing, pursuant to Charter Section 1205, only the City Council may waive the requirement for competitive bidding by Resolution finding that it is in the best interest of the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-117: CONTRACTOR’S LICENSE REQUIRED:

Unless otherwise stated in the contract documents, the City shall not award a contract which requires a person to engage in the business of or act in the capacity of a contractor, to a person who is not a licensed contractor in accordance with state law. A bid submitted for a contract requiring a contractor’s license by a person who is not so licensed shall be considered nonresponsive and shall be rejected by the City. The Purchasing Manager shall, before a contract is awarded, verify that the contractor is properly licensed. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-118: FEES:

Fees for the plans and specifications, if any, shall be in an amount to be determined by the department submitting the plans and specifications and approved by the Purchasing Manager. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-119: BONDS:

Whenever a City contract requires a performance bond, payment bond, or any other type of bond, such bonds need not be submitted for approval to the body awarding the contract. The surety on such bonds shall be authorized to do business as such in California and the bonds shall be approved by the City Attorney or their designee, which may include the Purchasing Manager. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-120: PAYMENT OF PREVAILING WAGES, DETERMINATION OF GENERAL PREVAILING RATES OF PER DIEM WAGES FOR WORKERS:

A.    Notwithstanding any other provision of this Code, all contracts for Public Works Construction projects awarded by the City shall comply with the prevailing wage provisions of California Labor Code § 1782.

B.    The City shall be entitled to receive or use State funding or financial assistance on any contract for Public Works Construction project awarded prior to January 1, 2015 and shall be entitled to receive or use State funding or financial assistance to complete any contract for Public Works Construction awarded prior to January 1, 2015. Further, the provisions of this ordinance do not disqualify or amend any contracts awarded prior to January 1, 2015.

C.    The California Department of Industrial Relations establishes the general prevailing rates of per diem wages, and the general prevailing rates of pay for holiday and overtime work, for each craft, classification, and type of worker needed to execute the City’s contracts for public works. Copies of the prevailing rate of per diem wages are on file in the Purchasing Division, and such copies will be made available to any interested party upon request. Each notice inviting bids shall state the prevailing wage requirement.

The contractor subject to Labor Code §1782, and any of their subcontractors are required to pay not less than the above established prevailing rates of wages to all workers employed in the execution of the contract, and the contractor shall comply with all other requirements as specified in CA Labor Code, Article 2, Wages, §1770, et seq. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-121: DEPARTMENT DIRECTORS ARE AUTHORIZED TO EXECUTE NOTICES OF COMPLETION:

The City Manager and/or the Department Director of the Department that supervised the work is authorized to execute and cause to be recorded notices of completion where required or authorized by law and to accept work on behalf of the City, performed under contracts with the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-122: PROTEST PROCEDURE:

A.    Bid Protest. Any bid protest must be in writing and received in the office of the Purchasing Manager before 5:00 p.m. no later than two (2) City working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

1.    Only a bidder who has submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

2.    The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the contract documents upon which the protest is based. The protest must include the name, address, email and telephone number of the person representing the protesting bidder if different from the protesting bidder.

3.    A copy of the protest and all supporting documents must also be concurrently transmitted by fax, personal delivery or by e-mail, by or before the Bid Protest Deadline, to the protested bidder. The protest documents must show proof of transmittal to the protested bidder.

4.    The protested bidder may submit a written response to the protest, provided the response is received by the City before 5:00 p.m., within two (2) City working days after the bid protest deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email and telephone number of the person representing the protested bidder if different from the protested bidder.

5.    Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax, personal delivery or by email, by or before the Response Deadline, to the protesting bidder and proof of transmittal must be submitted with response documents.

6.    The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

7.    Right to Award. The City reserves the right to award the contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the work notwithstanding any pending or continuing challenge to its determination.

B.    The City Manager upon consultation with the Purchasing Manager, shall decide whether to grant or deny the protest and shall notify the protesting bidder and protested bidder of the results. The decision will be transmitted by fax, personal delivery or email with a proof of service attached.

C.    The decision of the City Manager’s office may be appealed to the City Council. If appealed, the appeal must be filed within three (3) City working days of the date on the proof of service of the City Manager’s decision. The appeal must be transmitted by fax, personal delivery or email to the City Clerk, with copies to the City Manager and Purchasing Manager. The appeal must state the reasons for the objection to the City Manager’s decision. However, no new evidence is allowed to be submitted or considered. The City Clerk shall calendar the appeal on the City Council agenda. The decision of the City Council shall be final. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

2-2-123: EMERGENCY EXPENDITURES:

When an emergency exists, besides the ability to procure goods, services or public works contracts without competitive bidding and/or letting contracts, the effected Department Director may expend funds for such procurement in response to the emergency from their budget without Council approval or appropriation. If the Department does not have funds in their budget to respond to the emergency, the City Manager may authorize expenditures from the City’s Designated Emergency Reserve without Council approval or appropriation. If funds are expended from the City’s designated emergency reserve, the City Manager will notify Council of the emergency and the resulting expenditures. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

ARTICLE 2. SALE, EXCHANGE OR LEASE OF REAL PROPERTY OWNED BY CITY3

DIVISION 1. GENERAL PROVISIONS

2-2-201: REQUISITES FOR AUTHORITY TO SELL, LEASE OR EXCHANGE:

Any real property owned by the City which includes easements owned in fee by the City and real property dedicated to park, recreation, library, social service or welfare purposes, the sale and lease of which is regulated by Section 1220 of the City Charter, may be sold, exchanged or leased in the following manner:

A.    Sale or Lease Of Real Property:

1.    Except as otherwise provided in subsections B, D and E of this section and Division 2 of this article, real property owned by the City may be sold or leased if all applicable requirements of the City Charter and this article are complied with and the Council, by a resolution adopted by not less than a four-fifths (4/5) vote of all of its members, determines that the public interest or necessity requires such sale or lease.

2.    Such sale or lease may be made after advertisement for bids, at public auction after advertisement, at public auction after bids have been received, or at private sale or lease.

3.    Such sale or lease must not be for less than the fair market value of the property to be sold or the fair rental value of the property to be leased as determined by appraisal, except as hereinafter provided in subsection B of this section.

4.    Appraisals may be made by the Director of Community Development of the City or by a retained private real estate appraiser. Real estate appraisers retained to determine the fair market value of real property to be sold or the fair rental value of real property to be leased by the City, pursuant to the foregoing, shall be selected by the City Attorney upon recommendations of the Director of Community Development solely on the basis of their professional qualifications, experience, personal integrity and good reputation and may be employed only pursuant to written agreement or purchase order.

B.    Sale Or Lease To Other Political Subdivisions And Others Serving The Public Interest: The City may sell or lease real property to the United States, or any agency thereof, to the state, or any agency, department, political subdivision or district thereof, or to any municipal corporation and other groups serving the public interest, without public auction or advertisement for bids, if the Council adopts a resolution by not less than a four-fifths (4/5) vote of all members thereof, finding that the public convenience, necessity or welfare requires such sale or lease, and stating the terms and conditions thereof and reasons therefor. Such sale or lease may be for less than the fair market value or other considerations upon determination by the Council of a vote of not less than four-fifths (4/5) of all members thereof, that it is in the best public interest to do so.

C.    Exchange Of Property: Real property owned in fee by the City may be exchanged for other real property comprising an equal or greater area or having an equal or greater value or for other real property and additional consideration at least equal in value to the real property transferred, whenever the Council by not less than a majority vote of all members thereof shall find and determine that such exchange is in the public interest, provided, however, that whenever it is proposed to exchange park property, such exchange shall comply with the requirements of Title 4, Division 3, Part 2, Chapter 9, of the Government Code of the State. The value of the real property transferred and received shall be determined in the same manner as provided for a sale or lease of real property owned in fee by the City. An easement may be exchanged for another easement to serve the same public purpose if the easement to be acquired is of equal or greater value in use or utility. In determining the easement’s value to the City the following factors shall be considered:

1.    Utility of other City owned easements which may be used in conjunction with the easement to be acquired;

2.    The proposed development of the land subject to the City owned easement; and

3.    Payments, if any, to the City for the relocation of City owned facilities necessitated by the exchange.

The Council may find and determine equal or greater value in use or utility upon information certified by the head of the appropriate City department and approved by the City Manager.

D.    Sale Of Property Acquired For Nonpayment Of Assessment Or Lien: The City Manager, upon recommendation of the City Treasurer and upon order of the Council and after the redemption period has expired, shall sell real property acquired by the City for nonpayment of any assessment or lien in favor of the City if such real property is not needed by the City. Such sale shall be made, in accordance with subsection A or B of this section.

The City Manager, upon recommendation of the City Treasurer, may submit a recommendation to the Council requesting the sale, exchange or lease of real property acquired by the City for nonpayment of any assessment or lien in favor of the City, provided such recommendation is supported by a report issued by a title insurance company authorized to do business in this State, showing the condition of the title and any other facts pertinent to the proposed sale, exchange or lease. All offers to purchase, acquire by exchange, or lease real property acquired by the City for nonpayment of any assessment or lien in favor of the City shall be accompanied by an up to date title report issued by a responsible title insurance company authorized to do business in this State.

E.    Director of Community Development To Temporarily Lease Certain Property:

1.    The Director of Community Development may lease any real property or interest therein owned by the City, the use of which has been temporarily deferred or suspended, for a period not to exceed six (6) months for rent consistent with values for short term tenants. All such leases shall provide for and be subject to termination by the City with at least thirty (30) days written notice.

2.    Any lease of City property or interest therein for a term in excess of six (6) months and/or for considerations other than market value must be approved by the Council by a vote of not less than four-fifths (4/5) of its members.

F.    Leases to Media Related Business: The Police Chief may, on guidelines approved by the Council, lease City property to media related businesses for the sole purpose of making films.

G.    Parking Leases: The Public Works Director may, on guidelines approved by the Council, lease to individuals any parking space owned by the City.

H.    Environmental Assessment: No property owned in fee by the City shall be leased pursuant to the provisions of this section if the proposed use of the property may have a significant effect on the environment until an environmental assessment is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this Code, unless the lease is otherwise exempt from the provisions of that article. [Formerly numbered Section 9-30; amended by Ord. No. 3395, eff. 2/25/95; 3282, 3058, 2856, 2531, 2383, 2382, 2222.]

2-2-202: TERMS OF SALES:

All sales of real property by the City, except sales to governmental bodies or agencies thereof, and sales for nonpayment of any assessment or lien in favor of the City shall be for cash or on the following terms: one-third (1/3) cash and the balance in one or more installments falling due not more than five (5) years from the date of sale, with a lien to the City upon the real property securing payment of the balance due. [Formerly numbered Section 9-203; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2856, 2803.]

2-2-203: CONTENTS OF RESOLUTION:

Resolutions ordering the sale, exchange or lease of real property at public auction or after advertisement for bids shall recite that the real property to be sold, exchanged or leased is owned by the City and is no longer required for the City’s use, shall specify the minimum sales price and the minimum terms and conditions upon which the real property will be sold, exchanged or leased, shall state whether the sale, exchange or lease will be at public auction or by advertisement for bids, and shall direct the City Clerk to cause notice of the sale, exchange or lease to be published for ten (10) days in the official newspaper of the City; provided, however, that no sale, exchange or lease of real property shall be ordered on terms contrary to the provisions of Section 2-2-202 of this article. [Formerly numbered Section 9-204; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-204: BIDS FOR THE SALE, LEASE, OR EXCHANGE OF REAL PROPERTY:

In the event the real property is advertised for sale, exchange or lease to the highest responsible bidder, the resolution ordering such sale, exchange or lease shall specify that the bids shall be sealed and filed in the office of the Director of Community Development on or before the time specified in the notice of sale for the opening of bids. At the time fixed in said notice for the opening of bids, the City Manager or his/her designee shall open, examine, and declare all bids received, then shall forward a tabulation of the bids received, together with a recommendation as to which bidder shall receive the award, and a proposed resolution making the award, to the City Council. No bids shall be considered unless accompanied by a cash deposit or certified check in an amount equal to at least ten percent (10%) of the amount bid, to be deposited with the Director of Community Development as a guarantee that the person making such bid will purchase and pay for such real property, or enter into a lease therefor, as the case may be, upon the terms and conditions specified in the notice. [Formerly numbered Section 9-205; amended by Ord. No. 3395, eff. 2/25/95; 3282, 3058.]

2-2-205: WITHDRAWAL FROM SALE:

The Council may, in its discretion, reject any or all bids or withdraw the property from sale, exchange or lease, as the case may be, should it deem such action to be in the public interest. [Formerly numbered Section 9-206; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-206: PAYMENT OF COMMISSION TO BROKER:

Whenever previously authorized by an affirmative vote of four-fifths (4/5) of its members, the Council shall have the right to employ a broker or agent and pay him/her a commission or such compensation as may be fixed by the Council, for services rendered in promoting, furthering or negotiating the sale, exchange or lease of any real property to be sold, exchanged or leased under the provisions of this article. [Formerly numbered Section 9-207; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

DIVISION 2. PROPERTY ACQUIRED BY SPECIAL ASSESSMENT PROCEEDINGS

2-2-207: STATEMENT OF POLICY; RESALE OF REAL PROPERTY ACQUIRED BY SPECIAL ASSESSMENT PROCEEDINGS:

It is hereby declared to be in the best interest of the City and the policy of the City that special assessment property deeded to the City for delinquent assessment or liens revert to private ownership unless required for public use. Division 1 of this article shall not apply to reconveyance under this division. [Formerly numbered Section 9-208; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-208: DEFINITIONS:

As used in this division, unless the context otherwise clearly indicates:

FORMER OWNER: The person, or the legal representative of the person, who, at the time the special assessment property was deeded to the City, was:

A.    The person owning the fee, or any portion of, or undivided interest in, the fee; or

B.    The person in whom legal title appeared by deeds duly recorded in the office of the County Recorder of Los Angeles County.

LAWFUL SUCCESSOR IN INTEREST: As it relates to such former owner, shall mean:

A.    The grantee or purchaser from such former owner under a deed or written agreement;

B.    The heirs or devisees of such former owner, if he/she is deceased, or the executor or administrator of his/her estate, if it is in probate;

C.    The grantee of any person claiming through such grantee named in any of the following:

1.    A tax deed from the state.

2.    A deed of any public official, or any person appointed or designated by the court therefor, executed pursuant to legal proceedings authorizing the sale of such property; or

3.    A deed of the City Treasurer or other public official, board or body, executed pursuant to special assessment laws.

RECONVEYANCE: The transfer of special assessment property back to a former owner or his/her lawful successor in interest by quitclaim deed as provided herein.

SPECIAL ASSESSMENT PROPERTY: Any property that is or shall be deeded to the City for delinquent assessments or liens pursuant to statutes of the state or ordinances of the City which provide for the assessment of costs for acquisition, construction or maintenance of public improvements upon property benefitted thereby, the sale of such property for delinquent assessments or liens, and the execution of deeds thereto if not redeemed. [Formerly numbered Section 9-209; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-209: APPLICATION TO CITY MANAGER FOR RECONVEYANCE:

Application for reconveyance of special assessment property may be made by the former owner or his/her lawful successor in interest to the City Manager, setting forth the applicant’s claim thereto. [Formerly numbered Section 9-210; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-210: PRESUMPTION OF OWNERSHIP:

Any person who appears by the records of the County Recorder of Los Angeles County as purporting to have acquired an interest in such property by or through a deed or other instrument of title as specified in Section 2-2-208 of this article shall be presumed to qualify as a “former owner” or “lawful successor in interest”. [Formerly numbered Section 9-211; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-211: RECONVEYANCE BY THE MAYOR:

If upon the filing of an application for reconveyance, the City Manager makes an investigation and finds that the applicant is a former owner or lawful successor in interest, that the property is not suitable for public use, and that the property is suitable to go back to private ownership, the Mayor may execute a reconveyance of the City’s interest in the property to the applicant by quitclaim deed. [Formerly numbered Section 9-212; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-212: PAYMENTS FOR RECONVEYANCE:

Before a reconveyance may be made as herein provided, the applicant shall pay to the City Treasurer:

A.    Assessments: The amount of the assessment, plus penalties and interest to date of reconveyance, as determined by the City Treasurer; and

B.    Investigating Fee: An investigating fee as provided for in the Burbank Fee Resolution, as amended from time to time, for investigating the application and expenses of reconveyance by the City. [Formerly numbered Section 9-213; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

2-2-213: PROPERTY REQUIRED FOR PUBLIC USE:

Property required for public use shall be so determined by resolution of the Council and shall be referred to the City Attorney for appropriate legal or other proceedings, in order to vest the title to such property in the City’s name. For such purpose, the City Attorney is authorized to incur necessary costs, expenses and fees. These shall be alternative proceedings to the authority granted the City Manager pursuant to Section 7-3-436 of this code. [Formerly numbered Section 9-214; amended by Ord. No. 3282, eff. 3/2/92; 3058.]

DIVISION 3. SHORT-TERM TEMPORARY USE OF CITY PROPERTY

2-2-214: SHORT-TERM TEMPORARY USE OF CITY PROPERTY:

For short-term temporary use of City-owned property, the Department Head of the City department that controls the property may approve and execute a license and entry agreement which provides permission to a licensee to enter the City-owned property for the temporary uses stated in the agreement, in exchange for holding the City harmless from liability arising therefrom, on a form approved by the City Attorney in consultation with the City’s Management Services Department. The agreement shall include, at a minimum, a requirement that the licensee indemnify the City from any claims arising out of the licensee’s use of the City-owned property, as well as minimum insurance requirements. The Department Head shall include an exhibit to the agreement that lists specific conditions that the licensee shall comply with, which are unique to the location of the City-owned property. If no specific City department controls the City-owned property, the City Manager shall approve and execute the license and entry agreement. This Section is intended to be for short-term temporary uses, and not for thirty day tenancies, which are governed by Section 2-2-201(E). [Added by Ord. 19-3,920, eff. 11/1/19.]

ARTICLE 3. DISPOSITION OF SURPLUS PERSONAL PROPERTY*

*Prior legislation: Ordinance 19-3,923 amends and restates this article in its entirety, which derives from Ordinances 2516, 3058, 3282, 3395, 3478 and 3600.

2-2-301: SALE, EXCHANGE OR OTHER DISPOSITION:

Any personal property owned by the City, and no longer required for the use of the City, may be sold, exchanged or otherwise disposed of in the best interests of the City by the City Manager pursuant to the applicable Administrative Procedure. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

ARTICLE 4. CARE, RESTITUTION AND SALE OR DISPOSITION OF UNCLAIMED PROPERTY IN POSSESSION OF POLICE DEPARTMENT

2-2-401: UNCLAIMED PROPERTY; DEFINITION:

UNCLAIMED PROPERTY: As used in this article, means personal property of others taken into the possession of the Police Department or left in its possession or turned over to it by a person who found or saved the same, except:

A.    Property subject to confiscation under the laws of this State or of the United States; and

B.    Vehicles, the storage, sale or other disposition of which is governed by the provisions of the State Vehicle Code. [Formerly numbered Section 9-48; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2198.]

2-2-402: STORAGE AND HOLDING PERIOD OF UNCLAIMED PROPERTY:

Except as otherwise provided in this article, all unclaimed property in the possession of the Police Department shall be held and stored by the Chief of Police for a period of at least ninety (90) days. [Formerly numbered Section 9-49; amended by Ord. No. 3391, eff. 1/3/95; 3282, 3058, 2198.]

2-2-403: RESTITUTION OF UNCLAIMED PROPERTY TO OWNER:

The Chief of Police shall restore unclaimed property in the possession of the Police Department to its legal owner, upon proof of such ownership and upon the payment of all reasonably necessary costs incurred in the care and protection thereof, and any cost of publication. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such property to its legal owner until the conclusion of such proceeding. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made. [Formerly numbered Section 9-50; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2198.]

2-2-404: RETURN OF LOST PROPERTY TO FINDER:

A.    Where lost money or other lost personal property is found or saved and is turned over to the Police Department in accordance with the provisions of Section 2080.1 of the State Civil Code or otherwise, and no owner appears and proves ownership of such property within ninety (90) days thereafter, the Police Department shall, if such property is of a value of two hundred fifty dollars ($250.00) or more, cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven (7) days following the first publication of the notice, no owner appears and proves ownership of the property, the property shall be returned to the finder on payment of all reasonable charges, including cost of publication. The Police Department may require the finder to deposit with it an amount sufficient to cover the cost of publication before so proceeding.

B.    Where such property is of a value of less than fifty dollars ($50.00), and no owner appears and proves ownership within ninety (90) days, it may be returned to the finder without publication of notice.

C.    The provisions of this section shall not apply where the property was found or saved in the course of employment by an employee of any public agency or where the finder is a person prohibited by law from possessing such property. [Formerly numbered Section 9-51; amended by Ord. No. 3391, eff. 1/3/95; 3282, 3058, 2198.]

2-2-405: QUICK SALE OF UNCLAIMED PROPERTY IN DANGER OF PERISHING, ETC.; DONATION OF NONPROFIT ORGANIZATION:

A.    Notwithstanding any other provision of this chapter:

1.    When any unclaimed property in the possession of the Police Department is in danger of perishing, or of losing the greater part of its value, or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds (2/3) of its value, the Police Department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof.

2.    Any unclaimed property with a value of not more than five hundred dollars ($500.00) which has been unclaimed for a period of at least ninety (90) days may, instead of being sold at public auction, be turned over to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, benefit senior citizens or victims of domestic violence, and which is exempt from income taxation under Federal or State law, or both, for use in any program or activity designed to prevent juvenile delinquency, benefit senior citizens or victims of domestic violence. Before any such property is turned over to any such charitable or nonprofit organization, the Police Department shall obtain approval from the City Manager or his or her designee, and shall notify the owner, if his or her identity is known or can be reasonably ascertained, that it possesses the property, and where the property may be claimed. The owner may be notified by mail, telephone, or by means of a notice published in a newspaper of general circulation which it determines is most likely to give notice to the owner of the property. [Formerly numbered Section 9-52; amended by Ord. No. 3608, eff. 12/14/02; 3578; 3282; 3058, 2198.]

2-2-406: TRANSFER OF UNCLAIMED PROPERTY TO THE AUCTION COMPANY FOR SALE:

All unclaimed property in the possession of the Police Department not disposed of under the foregoing provisions shall be transferred after expiration of at least the minimum applicable holding period, directly to the auction company. When property is so transferred it shall not be redeemable by the owner or other person entitled to possession. [Formerly numbered Section 9-53; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3395, 3282, 3058, 2198.]

2-2-407: SALE OF UNCLAIMED PROPERTY AT PUBLIC AUCTION:

All unclaimed property received by the Police Department shall be offered for sale at public auction (including bids received via the Internet) to the highest bidder except as follows:

A.    Unclaimed property having no monetary value shall be destroyed unless some other disposition can be made of such property which would be in the public interest;

B.    Unclaimed property of a type or kind for which a permit or license to sell the same is required by State or Federal law shall be destroyed unless some other disposition can be made of such property which would be in the public interest; and

C.    Unclaimed property determined by the Purchasing Division of the Financial Services Department to be needed for the use of the City or other public use shall be retained and need not be sold. Public use shall include, but not be limited to, City created programs that aim to encourage community members or employees to ride bicycles, which in turn, may ultimately decrease those participants’ reliance on automobiles, and reduce green house gas emissions. The City Manager, or his designee, is authorized to dispose of such unclaimed bicycles to the individual who successfully completes the required participation of such City program, with or without financial consideration. [Formerly numbered Section 9-54; amended by Ord. No. 3771, eff. 12/4/09; 3600, 3478, 3395, 3282, 3058, 2198.]

2-2-408: PUBLICATION OF NOTICE OF INTENTION TO SELL UNCLAIMED PROPERTY:

Before offering any unclaimed property for sale, the auction company or Police Department shall publish at least once in a newspaper of general circulation published in the county, a notice of its intention to sell such unclaimed property at public auction to the highest bidder at the time and place therein specified. [Formerly numbered Section 9-55; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]

2-2-409: TIME AND MANNER OF SALE OF UNCLAIMED PROPERTY:

All sales of unclaimed property by the auction company or Police Department shall be held not less than five (5) working days after publication of the notice of intention to sell in a newspaper of general circulation published in the county. Items shall be sold at public auction to the highest bidder. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using, or consuming, such persons shall not be permitted to participate in the bidding on such items. [Formerly numbered Section 9-56; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]

2-2-410: DISPOSITION OF PROCEEDS FROM SALE OF UNCLAIMED PROPERTY:

Proceeds received from the sale of unclaimed property shall be delivered to the City Treasurer for deposit in the appropriate fund, as determined by the Financial Department. [Formerly numbered Section 9-57; amended by Ord. No. 3478, eff. 3/7/98; 3395, 3282, 3058, 2198.]

2-2-411: UNCLAIMED PROPERTY REMAINING AFTER SALE; REPORT TO CITY MANAGER; DISPOSITION:

The Purchasing Manager shall report to the City Manager any items remaining unsold after a public auction of such items, and the City Manager shall instruct the Financial Services Director regarding the disposition to be made thereof as the City Manager may see fit in the public interest. [Formerly numbered Section 9-58; amended by Ord. No. 3478, eff. 3/7/98; 3282, 3058, 2198.]

2-2-412: EXPENSES OF SALE OF UNCLAIMED PROPERTY:

The expenses connected with a sale of unclaimed property shall be properly charged against the funds determined by the Financial Services Department. [Formerly numbered Section 9-59; amended by Ord. No. 3600, eff. 8/31/02; 3478, 3282, 3058, 2198.]

ARTICLE 5. PURCHASE OR LEASE OF REAL PROPERTY FOR CITY PURPOSES

2-2-501: AUTHORITY OF CITY MANAGER TO PURCHASE OR LEASE REAL PROPERTY FOR CITY PURPOSES:

The City Manager is authorized to negotiate for and to purchase or lease real property for City purposes, subject to the approval of the City Council, and to sign agreements and options, enter into escrow, and execute and deliver any and all other necessary legal instruments required to complete such purchase or lease to the extent funds have been set apart in the budget for the acquisition or lease of such real property; provided, however, that the authority of the City Manager hereunder shall be subject to and conditioned upon compliance with the remaining sections of this article where applicable. In making any such purchase, he/she may convey City owned property in trade or exchange for the property to be purchased, when so authorized by the City Council. The provisions of Article 2 of this chapter shall not apply to such exchange unless the property to be exchanged is within the purview of Section 1220 of the City Charter. This section shall not apply to purchases or leases of real property with a fair market value of ten thousand dollars ($10,000.00) or less pursuant to Section 2-2-504 of this article. [Formerly numbered Section 9-60; amended by Ord. No. 3331, eff. 3/6/93; 3282, 3273, 3058, 2222.]

2-2-502: APPRAISALS REQUIRED FOR PURCHASE OR LEASE OF REAL PROPERTY FOR CITY PURPOSES:

No real property shall be purchased or leased for City purposes, nor shall any real property owned by the City be exchanged for property to be purchased by the City unless and until the fair market value of the property or properties to be purchased or exchanged or the fair rental value of the property to be leased is first determined by appraisal except as otherwise provided herein. Appraisals may be made by qualified staff appraisers. Real estate appraisers retained to determine the fair market value of real property to be purchased or exchanged or the fair rental value of real property to be leased for City purposes, pursuant to the foregoing, shall be selected jointly by the Community Development Director and the City Attorney solely on the basis of their professional qualifications, experience, personal integrity and good reputation and may be employed only pursuant to written agreement or purchase order. No appraiser shall be paid in whole or in part for his services until his report in writing has been made and filed with the City. Appraisals may be waived by the City Manager in cases involving the acquisition by sale or donation of property with a fair market value of one thousand dollars ($1,000.00) or less. [Formerly numbered Section 9-61; amended by Ord. No. 3331, eff. 3/6/93; 3282, 3273, 3058, 2222.]

2-2-503: PURCHASES OR LEASES OF REAL PROPERTY FOR CITY PURPOSES IN EXCESS OF APPRAISALS:

The City Manager shall not purchase or lease any real property for City purposes for an amount in excess of the appraisal of the City Manager or if one or more outside appraisals are obtained pursuant to the provisions of Section 2-2-502 of this article, for an amount in excess of the average of all appraisals obtained including the appraisal of the City Manager, exclusive of real estate commissions, usual escrow charges and cost of policy of title insurance where it is necessary for the City to pay such, without official approval of such excess amount by the Council. [Formerly numbered Section 9-62; amended by Ord. No. 3282, eff. 3/2/92; 3058, 2222.]

2-2-504: PROPERTY WITH A FAIR MARKET VALUE OF TEN THOUSAND DOLLARS OR LESS; AUTHORITY OF CITY MANAGER TO PURCHASE OR LEASE:

The City Manager is authorized to negotiate for and to purchase or lease real property with a fair market value of ten thousand dollars ($10,000.00) or less for City purposes and to sign agreements and options, enter into escrow, and execute and deliver any and all other necessary legal instruments required to complete such purchase or lease to the extent funds have been set apart in the budget for the acquisition or lease of such real property; provided, however, that the authority of the City Manager hereunder shall be subject to and conditioned upon compliance with the remaining sections of this article where applicable. In making any such purchase, he/she may convey such City owned property in trade or exchange for the property to be purchased, without prior authorization by the City Council. The provisions of Article 2 of this chapter shall not apply to such exchange unless the property to be exchanged is within the purview of Section 1220 of the City Charter. [Added by Ord. No. 3331, eff. 3/6/93.]

2-2-505: ACCEPTANCE OF DEEDS:

The City Manager is authorized to accept in the name and on behalf of the City of Burbank deeds or grants conveying to the City of Burbank, a municipal corporation, for public purposes any interests in or easements upon real estate. The City Manager is authorized to consent to the recordation of such deeds or grants; and that all such acceptances of said instruments and such consents to recordation thereof shall be made by the City Manager by his certificate in substantially the form prescribed by Section 27281 of the Government Code. [Added by Ord. No. 3331, eff. 3/6/93.]


1

State law reference: As to public works contracts for general law cities, see Pub.Con.C §§ 20160-20174.


2

Reference is to Public Contract Code Section 22032 as amended or renumbered from time to time.


3

State law reference: As to acceptance of deeds and conveyances by municipal corporations for recordation, see Gov.C. § 27281.