City of Palm Springs, CA DISPOSITION OF SURPLUS PROPERTY

(1)

Each Using Department shall submit reporting to the Director, at such times and in such form as the Director requires, describing all property held by the Using Department, which the Using Department has determined to be surplus property. At such time that a periodic physical inventory of the property held by any Using Department is required by the Director, the Using Department shall segregate all of its surplus property and a report thereof shall be furnished to the Director for the transfer of disposition of such surplus property.

(2)

The Director, upon notification by Using Departments of excess City-owned surplus property, is authorized to determine whether any such City-owned property is surplus to the present or future needs of the City and will coordinate the disposition of such property. This Chapter is not applicable to personal property or money, to the extent the disposition of such is governed by other applicable law, including, without limitation, escheat pursuant to Government Code section 50050 et seq., personal property or goods pursuant to Health and Safety Code section 11000 et seq., or unclaimed property pursuant to Code of Civil Procedure section 1500 et seq.

(3)

Using Departments shall use forms required by the Director to request a determination as to whether property may be declared surplus by the Director.

(4)

Each Using Department shall retain custody of its surplus property in such manner and at such place as the Director shall require, until their transfer or final disposition has been determined. No Using Department shall, in any event, permit any surplus property held by it to be loaned or donated without prior City Council approval, or destroyed or otherwise removed from the City's custody without the prior written approval of the Director.

(5)

Before disposing of surplus property, including unclaimed property delivered to the Director by the Police Department, the Director shall canvas all other Using Departments to determine whether the surplus property has beneficial use to another Using Department. If another Using Department requests such surplus property it may be transferred in accordance with policies and procedures established by the Director.

(6)

The Director is hereby authorized to dispose of surplus property which are not used or needed by any Using Department or which has become unsuitable for City use. Such surplus property may be disposed by any of the following procedures:

(a)

Exchanged or traded in for new property;

(b)

Sold utilizing the competitive procedures similar to those prescribed in this Title;

(c)

Sold at public auction conducted by a professional auctioneer which the Director is hereby authorized to retain on the basis of a negotiated flat fee, hourly fee, or percentage of the amount of the sale, whichever is determined by the Director to be in the best interests of the City;

(d)

Sold utilizing a negotiation process when the Director determines in writing that such a process is in the best interests of the City;

(e)

Disposed of as scrap material or destroyed if no resale value exists;

(f)

Disposed of in accordance with state or local law;

(g)

Donated to a non-profit organization or other public entity following determination by the City Council that such donation would serve a public purpose.

(7)

Unless otherwise provided, all proceeds from sale or auction of surplus property will be deposited into the City's general fund. Proceeds from sale of enterprise, federal, grant or other special designation property will be reimbursed, less prorated selling expenses to the appropriate fund, after completion of each sale.

(Ord. 1605 § 1, 2002; Ord. 2049 § 1, 2021)