CHAPTER 5
PURCHASING PROCEDURES*
Sections:
Article 1. General Provisions
3-5.100 Applicability of provisions.
3-5.120 Purpose and adoption of purchasing system.
3-5.140 Bidding and proposal limits.
3-5.150 Staging or splitting purchases prohibited.
3-5.160 Local vendor preference.
3-5.180 Defects, irregularities, and informalities.
3-5.190 Unlawful purchasing practices—Misdemeanor.
3-5.195 Best qualified vendor.
Article 2. Purchases of Equipment and Supplies less than Twenty Thousand and No/100ths ($20,000.00) Dollars, and Nonprofessional Services Less than Ten Thousand and No/100ths ($10,000.00) Dollars—Exemptions from Chapter 5
3-5.200 Small purchases of equipment and supplies.
3-5.210 Exemptions from Chapter 5.
Article 3. Informal Bid Procedures for Equipment, Supplies from Twenty Thousand and No/100ths ($20,000.00) Dollars to One Hundred Thousand and No/100ths ($100,000.00) Dollars and Nonprofessional Services Costing from Ten Thousand and No/100ths ($10,000.00) Dollars to One Hundred Thousand and No/100ths ($100,000.00) Dollars
3-5.300 Purchase authorization.
3-5.310 Quotations—Notice of invitation—Responses.
3-5.320 Quotations—Submission in writing—Recordkeeping.
Article 4. Formal Bidding Procedures for Equipment, Supplies and Nonprofessional Services Costing More than One Hundred Thousand and No/100ths ($100,000.00) Dollars
3-5.400 Purchase requirements.
3-5.410 Bids—Notice of invitation and submission.
3-5.420 Bids—Security requirement.
3-5.430 Bids—Opening and retention.
3-5.460 Purchase authorization.
3-5.470 Requiring bond of successful bidder.
3-5.480 Determining lowest responsible, responsive bidder.
Article 5. Professional Services
3-5.500 Request for proposals and request for qualifications.
3-5.550 Competitive bidding instead of RFQ or RFP.
Article 6. Surplus Supplies and Equipment
3-5.600 Disposition of surplus equipment and supplies.
* Chapter 3-5 entitled “Purchasing Procedure,” consisting of Sections 3-5.01 through 3-5.14, codified from 617 N.C.S., as amended by Ordinances No. 320 C-M, effective December 13, 1973; 702-86 C-M, effective May 22, 1986; 1017-96 C-M, effective December 12, 1996; 1028-97 C-M, effective July 10, 1997 and 1206-06, effective December 14, 2006; repealed and replaced by Ordinance No. 1403-20 (CM), effective May 28, 2020.
Article 1. General Provisions
3-5.100 Applicability of provisions.
(a) Except for public works and purchases involving the expenditure of State or Federal grant funds, all purchases or expenditures of equipment and supplies, professional and nonprofessional services shall be pursuant to this chapter.
(b) Purchases involving the expenditure of State or Federal grant funds shall comply with the granting agency’s requirements. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.110 Definitions.
The following definitions apply to this chapter:
(a) “Equipment” shall mean machinery, rolling stock, vehicles, implements, computers, servers, switches, printers and other computing apparatus, tools, devices, kits, software, appliances, fittings, and all other all fixed assets other than land or buildings.
(b) “Nonprofessional services” shall mean providing work or labor that primarily entails manual effort and trade skills learned through an apprenticeship or training program, including, but not limited to, craftspeople, building and construction trades, installers, food service workers, building maintenance, janitorial, landscaping maintenance, equipment maintenance and repair, automotive mechanics maintenance and repair, building maintenance, uniform cleaning, pest control, alarm and security services, tree trimming, automotive maintenance and repair and laboratory testing services.
(c) “Professional services” shall mean any service, labor or work which is generally characterized as a “profession” rather than a “business,” “industry,” “occupation” or “trade” under California State law or which requires a specific level of college education, typically a bachelor’s degree or higher, to perform its duties and responsibilities. Examples of professional jobs include design professionals, architects, auditors, appraisers, landscape architects, attorneys, engineers, surveyors, construction managers, municipal planners, real estate managers, leasing, or sales services, environmental planners and analysts, financial advisors, financial analysts, doctors, teachers, accountants, scientists, and authors.
(d) “Public works” are defined in City Charter Section 1117. This chapter does not apply to public works. Public works purchasing is governed by Chapter 7-14.
(e) A “request for proposals” (RFP) is the process used for one-time project-based professional services procurement where the work scope is known; a lump sum price for the specified design or other professional services is primary and experience and qualifications are known.
(f) A “request for qualifications” (RFQ) is the process used for recurring, ongoing or on-call nonproject-based professional services procurement, where the work scope is unknown, unit pricing for the specified design and other professional services is desired and no specific design exists and experience and qualifications are unknown.
(g) “Supplies” shall mean consumables, commodities, materials, parts, inventory and like items. Supplies have a shorter use or life span than equipment and are stocked for recurring use and typically of low cost charged to expenditure as incurred. Supplies are incidental to the production process and include such items as appropriate for the utility enterprises and the City’s general operations such as fuel, chemicals, pipe, sand, gravel and other building materials, paper and toner. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.120 Purpose and adoption of purchasing system.
A purchasing control system for the City is hereby adopted to:
(a) Obtain equipment, supplies, professional and nonprofessional services at the most economical cost commensurate with quality requirements by ensuring as full and open competition as possible on all purchases;
(b) Obtain effective financial control over expenditures;
(c) Clearly define authority and accountability for purchases;
(d) Minimize administrative actions and expense of processing purchase transactions while obtaining effective internal control; and
(e) Assure the quality of purchases made on behalf of the City. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.130 Purchasing authority.
The Administrative Services Director is hereby designated as the Purchasing Officer. The Purchasing Officer shall have following duties and authority to:
(a) Seek as full and open competition as possible on all purchases;
(b) Recommend consolidation of department orders for like items, ensuring quantity discount pricing whenever possible;
(c) Keep informed of and maintain department awareness of current developments in the field of purchasing, pricing principles and marketing conditions;
(d) Prepare and recommend forms, administrative regulations and or periodic updates of this chapter to the City Manager.
(e) Facilitate the transfer of surplus or unused equipment and supplies between departments as needed and the sale of all supplies and equipment that cannot be used by any department or which have become unsuitable for City use; and
(f) Maintain files and records needed for the efficient operation of the purchasing function. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.140 Bidding and proposal limits.
Competitive bidding and proposal categories, authorization limits or contract award procedures will be based on:
(a) Unit cost;
(b) Total purchase cost for consolidated bid items; or
(c) Fiscal year aggregates in the case of blanket purchase orders or similar ongoing purchasing arrangements. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.150 Staging or splitting purchases prohibited.
Purchases shall not be knowingly staged, or bids split or separated into smaller units or segments to evade the competitive formal or informal procurement procedures of this chapter. No person may:
(a) Knowingly pay or request smaller invoices of what is a larger purchase or ongoing relationship, to avoid competitive bidding procedures or authorization limits.
(b) Knowingly phase, delay or divide purchases to avoid competitive bidding or authorization limits. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.160 Local vendor preference.
(a) For retail sales occurring within the City limits, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, two percent (2%) of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive bidder.
(b) Pursuant to City Charter Section 1120, merchants with places of business located within the City shall be given preference if service, quality and prices are equal. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.170 Contract changes.
All contract changes (e.g., amendments to contracts, amended contracts, addenda, additive or deductive change orders, changes in scope of work or changes to contract expiration date) shall reasonably relate to the scope of the original contract and be based on post-award information that requires modification of the contract based on unforeseen conditions or by mutual agreement of the parties and must return to the original signing authority for approval unless:
(a) The cumulative result of changes pushes the total contract or purchase order amount into the next level approver’s authority; i.e., if the cumulative result of the changes goes from under One Hundred Thousand and no/100ths ($100,000.00) Dollars to over One Hundred Thousand and no/100ths ($100,000.00) Dollars, it must be approved by Council, even if the original contract was not required to be approved by the Council.
(b) An emergency requires that action be taken immediately, in which case approval by the signing authority should occur at the next possible date. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.180 Defects, irregularities, and informalities.
The City Council may, in its sole discretion, waive any defect, irregularity, or informality in bids or proposals or in the competitive procedures established in this chapter as long as no unfair advantage results, and no such defect, irregularity, or informality shall void any contract entered into by the City once executed. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.190 Unlawful purchasing practices—Misdemeanor.
(a) It is unlawful and a misdemeanor (pursuant to Section 1-2.01) for any person to engage in practices which might result in unlawful contract-related activity including, but not limited to, personal rebates, kickbacks, or any other unlawful consideration.
(b) City employees shall not participate in the selection process when they have a relationship with a person or business entity seeking a contract. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.195 Best qualified vendor.
In determining the best qualified vendor, consideration is to be given to quality and performance of the equipment or supplies to be purchased or non-professional services or professional services to be provided. Criteria for determining the best qualified vendor shall include but not be limited to the following:
(a) The cost or best value of the equipment and supplies, or nonprofessional services or professional services;
(b) The ability, capacity, and skill of the vendor to perform the contract and to provide the equipment and supplies, or nonprofessional services or professional services requested;
(c) The ability of the vendor to provide the equipment and supplies or nonprofessional services or professional services requested promptly or within the time specified, without delay or interference;
(d) The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the contract;
(e) The character, integrity, reputation, judgment, experience, and efficiency of the vendor;
(f) The quality of vendor’s previous services to the City;
(g) The ability of the vendor to provide future maintenance, repair parts, and services for the use of equipment and supplies purchased;
(h) The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable Federal, State, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder;
(i) The ability of the vendor to timely produce a complete and accurate IRS Form W-9 (Request for Taxpayer Identification Number and Certification). (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.196 Contract execution.
(a) Only the City Manager and, in the City Manager’s absence, the Assistant or Deputy City Manager authorized by the City Manager, may sign contracts on behalf of the City. No other employee is authorized to sign a contract binding the City, and any other contract is voidable.
(b) Before a contract is signed by the City Manager or placed on a City Council agenda for approval, the contract must:
(1) Include appropriate insurance and indemnification provisions reviewed by and approved by the City’s Risk Manager or City Attorney;
(2) Be approved as to form by the City Attorney;
(3) Be approved as to budget availability and purchasing procedural compliance by the Finance Director; and
(4) Be executed by the other party (except in the instance of a public entity). (Ord. 1403-20 (CM), eff. May 28, 2020)
Article 2. Purchases of Equipment and Supplies less than Twenty Thousand and No/100ths ($20,000.00) Dollars, and Nonprofessional Services Less than Ten Thousand and No/100ths ($10,000.00) Dollars—Exemptions from Chapter 5
3-5.200 Small purchases of equipment and supplies.
Purchases of equipment and supplies for less than Twenty Thousand and no/100ths ($20,000.00) Dollars and nonprofessional services for less than Ten Thousand and no/100ths ($10,000.00) Dollars, if authorized by a department head, may be purchased without the bidding procedures of this chapter and without a written contract with the vendor. Although no specific purchasing process or form of contract is established for this level of purchase, competitive bidding, RFQs or RFPs are recommended when practical. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.210 Exemptions from Chapter 5.
Purchases are exempt from the requirements of this chapter if:
(a) An emergency requires that an order be placed with the nearest available source of supply, service or equipment;
(b) Reasonable attempts have been made to obtain informal bids or proposals, and less than three (3) proposals can be obtained.
(c) Equipment, supplies or nonprofessional services are unique, available only from one (1) source, or sought to match existing equipment or supplies already in use (also known as a sole source purchase);
(d) Equipment, supplies or nonprofessional services have been uniformly adopted or otherwise standardized in the City. In this case, evidence for the standardization shall be documented and maintained as a public record and approved by the Purchasing Officer before the purchase and then at least once every five (5) years;
(e) The purchase is made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially the same as the City of Watsonville’s;
(f) When in the opinion of the Purchasing Officer the equipment, supplies and nonprofessional services are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”);
(g) The purchase of used supplies or equipment;
(h) Contracts for professional witness services if the purpose of such contracts is to provide for professional advice services or testimony relating to an existing or probable judicial proceeding in which the City is or may become a party, including contracts for special investigative services for law enforcement purposes;
(i) Agreements negotiated and/or prepared by the City Attorney or special counsel in connection with the settlement of a dispute, claim, or matter of litigation or threatened litigation;
(j) Contracts to commission original works of art, and for fine art or entertainment;
(k) The purchase of books, magazines, newspapers, subscriptions, online library reference services, film, videos, and assorted materials for which contracts by competitive bid solicitation are not practical;
(l) Specialized seminar, training, and educational classes;
(m) Contracts for election services;
(n) Contracts for legal services;
(o) Franchise agreements; and
(p) Contracts for procuring and maintaining insurance policies. (Ord. 1403-20 (CM), eff. May 28, 2020)
Article 3. Informal Bid Procedures for Equipment, Supplies from Twenty Thousand and No/100ths ($20,000.00) Dollars to One Hundred Thousand and No/100ths ($100,000.00) Dollars and Nonprofessional Services Costing from Ten Thousand and No/100ths ($10,000.00) Dollars to One Hundred Thousand and No/100ths ($100,000.00) Dollars
3-5.300 Purchase authorization.
Purchases of supplies, equipment estimated to cost between Twenty Thousand and no/100ths ($20,000.00) Dollars and One Hundred Thousand and no/100ths ($100,000.00) Dollars and nonprofessional services estimated to cost between Ten Thousand and no/100ths ($10,000.00) Dollars and One Hundred Thousand and no/100ths ($100,000.00) Dollars shall be made pursuant to the procedures in this article. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.310 Quotations—Notice of invitation—Responses.
Invitations for quotations shall be made either by verbal or written request. Quotations from at least three (3) prospective sellers, vendors, suppliers or contractors shall be requested. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.320 Quotations—Submission in writing—Recordkeeping.
Written quotations, received via mailed letter, fax or email are required, and a record of open market quotations and orders shall be kept in accordance with the City’s record retention policy after the receipt of such quotations. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.330 Quotations—Rejection.
Quotations or proposals may be rejected if:
(a) They fail to meet the specific purchase requirements in any respect; or
(b) All quotations, for any reason whatsoever, and a new request for quotation or proposal may be invited. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.340 Award of purchase.
Purchases shall be awarded to the person submitting the lowest responsive and responsible quotation, except as follows:
(a) If two (2) or more quotations are received for the same total amount or unit price, quality and service being equal, and if, the public interest will not permit the delay of inviting new quotations, then the lower quotation obtained through negotiation with the persons submitting the tie quotations may be accepted;
(b) If no quotations are received, the required purchase may be made for the best price and terms available without further notice to bidders.
(c) As required by City Charter Section 1140, bids shall be awarded to merchants with places of business located within the City if service, quality and prices are equal. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.350 Form of contract.
Purchase orders shall be used and approved by the Purchasing Officer to award the purchase of equipment and supplies costing between Twenty Thousand and no/100ths ($20,000) Dollars and One Hundred Thousand and no/100ths ($100,000.00) Dollars. Either the Purchasing Officer or City Attorney may, however, require a different form of contract depending on unique circumstances. Contracts shall be used to award the purchase of nonprofessional services costing between Ten Thousand and no/100ths ($10,000.00) Dollars and One Hundred and no/100ths ($100,000.00) Dollars and shall be signed by the City Manager. (Ord. 1403-20 (CM), eff. May 28, 2020)
Article 4. Formal Bidding Procedures for Equipment, Supplies and Nonprofessional Services Costing More than One Hundred Thousand and No/100ths ($100,000.00) Dollars
3-5.400 Purchase requirements.
Purchases of equipment, supplies, and nonprofessional services estimated to be more than One Hundred Thousand and no/100ths ($100,000.00) Dollars shall be by written contract with the lowest responsible, responsive bidder pursuant to the procedures prescribed in this article. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.410 Bids—Notice of invitation and submission.
(a) Notices inviting bids or requesting proposals shall include, but not be limited to, the following:
(1) General description of the equipment, supplies or nonprofessional services to be purchased;
(2) Location where bid form blanks and specifications may be obtained;
(3) Time and place assigned for the opening of sealed bids;
(4) Type and character of bidder’s security required, if any;
(5) Location and deadline for submission of bids;
(6) Form of contract; and
(7) Insurance requirements.
(b) Notices inviting bids or requesting proposals shall be published on the City’s web site, eBid or other recognized bidding sites or list serves.
(c) Sealed bids or proposals shall be identified as such and submitted by the closing date and time. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.420 Bids—Security requirement.
Bidder’s security may be required when deemed necessary by the Purchasing Officer. Unsuccessful bidders shall be entitled to return of bid security. A successful bidder shall forfeit bid security upon refusal or failure to execute a contract within fifteen (15) days after notice of award of that contract, unless the City is responsible for the delay. The contract may be awarded to the next lowest responsible, responsive bidder upon the refusal or failure of the successful bidder to execute the contract within such time. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.430 Bids—Opening and retention.
Sealed bids shall be opened at the date and time stated in the notice inviting bids or requesting proposals. A tabulation of all bids received shall be available for public inspection until the award of a contract. All bids and tabulation shall be retained on file in accordance with the City’s records retention policy. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.440 Bids—Rejection.
Rejections may occur for:
(a) Any bid that fails to meet the bidding requirements in any respect; or
(b) All bids, for any reason whatsoever, and may readvertise for new bids. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.450 Contract award.
Contracts shall be awarded to the lowest responsible, responsive bidder, except that if at the time of bid opening, two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of renoticing for bids, then the lowest bid obtained through subsequent negotiation with the tie bidders may be accepted. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.460 Purchase authorization.
For purchases in excess of One Hundred Thousand and no/100ths ($100,000.00) Dollars, Council award of the contract by resolution is required. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.470 Requiring bond of successful bidder.
A performance bond or a labor and material bond, or both, may be required as a condition to executing a contract with the City in such amounts as the purchasing authority shall determine appropriate to protect the best interests of the City. The form and amounts of such bond(s) shall be described in the notice inviting bids. (Ord. 1403-20 (CM), eff. May 28, 2020)
Sec 3-5.480 Determining lowest responsible, responsive bidder.
In addition to the bid or quotation price, criteria for determining the lowest responsible and lowest responsive bid or quotation, may include, but not limited to, the following:
(a) Character, integrity, reputation, judgment, experience and efficiency of the bidder (this may include an analysis of previous work performed for the City or others);
(b) Ability of the bidder to provide the supplies, equipment or services as specified, within the time specified, without delay or interference, and in a satisfactory manner;
(c) Ability of the bidder to provide future maintenance, service, repair parts and replacement of purchased equipment or supplies;
(d) Compliance by the bidder with Federal laws, executive orders and State statutes governing nondiscrimination in employment; and
(e) Results of any evaluation relating to performance or price, such as testing, life-cycle costing, and analysis of service, maintenance and technical data. (Ord. 1403-20 (CM), eff. May 28, 2020)
Article 5. Professional Services
3-5.500 Request for proposals and request for qualifications.
An RFP or RFQ process is found to be an effective and efficient way to procure professional services. Procurement of professional services shall be based on proposals solicited from capable professionals and be evaluated based on a combination of factors including education, training, experience and demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.510 Form of contract.
All contracts for professional services shall be in the form of consulting contracts for professional services prescribed by the City Attorney. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.520 Professional services purchases less than ten thousand and no/100ths ($10,000.00) dollars—RFP and RFQ not required.
Purchases of professional services estimated to cost less than Ten Thousand and no/100ths ($10,000.00) Dollars are encouraged but not required to comply with the RFP or RFQ process and do not require a contract. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.530 Professional services contracts between ten thousand and no/100ths ($10,000.00) dollars and one hundred thousand no/100ths ($100,000.00) dollars—RFP or RFQ required.
Contracts for professional services estimated to cost between Ten Thousand and no/100ths ($10,000.00) Dollars and One Hundred and no/100ths ($100,000.00) Dollars may be awarded by the City Manager. Proposals from at least three (3) firms shall be requested. In specific circumstances, it may be determined that services will best be provided by a specific consultant or contractor with contract terms, work scope and compensation to be determined based on direct negotiations. These instances must be justified in writing and approved by the City Manager. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.540 Professional services contracts exceeding one hundred thousand and no/100ths ($100,000.00) dollars—RFP or RFQ and council approval required.
Contracts for professional services estimated to cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars will be awarded pursuant to the following procedures:
(a) Council award of the contract is required.
(b) Cost will not be the sole criterion in selecting the successful bidder.
(c) Contracts for professional services shall use a qualifications-based selection process as described in Section 4527(a) of the California Government Code and negotiated as described in Section 4538 of the California Government Code.
(d) Service proposals will be evaluated based on a combination of relevant factors including those in Section 4527(a) of the California Government Code and that results in the best value to the City.
(e) The selection will be based on demonstrated competence and on the education, training and experience and professional qualifications necessary for the satisfactory performance of the services required.
(f) If it is determined that it is in the best interest of the City for services to be provided by a specific consultant or contractor—with contract terms, work scope and compensation to be determined based on direct negotiations—justification made in writing and the contract shall be approved only by the Council. (Ord. 1403-20 (CM), eff. May 28, 2020)
3-5.550 Competitive bidding instead of RFQ or RFP.
An RFQ or RFP is not required where the Purchasing Officer determines that the professional services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest. (Ord. 1403-20 (CM), eff. May 28, 2020)
Article 6. Surplus Supplies and Equipment
3-5.600 Disposition of surplus equipment and supplies.
All City departments shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies and equipment that are no longer used or that have become obsolete or worn out. The Purchasing Officer shall have the authority to dispose of all supplies and equipment which cannot be used by any City department or that have become unsuitable for City use and shall have the authority to exchange the same for, or trade in the same on, new supplies and equipment. Disposition of such surplus supplies and equipment shall be made in a commercially reasonable manner as approved by the Purchasing Officer using reasonable discretion. Surplus supplies and equipment may also be donated to nonprofit, charitable or governmental agencies. (Ord. 1403-20 (CM), eff. May 28, 2020)