Unless otherwise stated, the following definitions apply to
all provisions of this chapter:
means a nonprofit organization exempt from taxation under
the provisions of the Internal Revenue Service Code, 26. U.S.C. 501(C)(3),
whose primary purpose is public service, and pursuant to California
Constitution Article XVI, § 5, whose purpose is not religious
creed, church or sectarian.
means the husband, wife, mother and father of both husband
and wife, son, daughter, brother and sister of the employee, or any
relative by blood or marriage residing in the same household.
means those supplies or equipment belonging to the City which
are no longer used, have become obsolete, worn out, are of minimal
value, or are otherwise of no further use.
(Ord. 556 § 3, 2019)
A.
All
using departments must submit to the purchasing agent, at such times
and in such forms as prescribed, reports listing all available surplus
City property and requesting the property be declared surplus.
B.
Property
listed as available surplus City property must be declared surplus
as follows:
1.
The
department director and purchasing agent must approve the surplus
request for any item with an estimated current market value of $5,000.00
or less.
2.
The
City Manager, department director and purchasing agent must approve
a surplus request for any item with an estimated current market value
of more than $5,000.00 and up to and including $10,000.00.
3.
The City Council must approve a surplus request for any item with an estimated current market value of more than $10,000.00. The City Council may also require the purchasing agent to dispose of surplus property with an estimated current market value of more than $10,000.00 by any manner listed in Section 3.32.040.
(Ord. 556 § 3, 2019)
After an item is declared surplus, the purchasing agent must determine if any surplus City property can be used by any department of the City. If such supplies or equipment cannot be or are unsuitable for City use, the purchasing agent must, in any manner provided in Section 3.32.040 or in a manner otherwise directed by City Council, dispose of such supplies and equipment. The City Manager is authorized to sign bills of sale and any other papers or documents evidencing such sales for and on behalf of the City.
(Ord. 556 § 3, 2019)
A.
The
purchasing agent may dispose of surplus property in any of the following
manners:
1.
At
a public or private sale, with or without notice or bids, for the
highest price obtainable, as determined by reference to the item's
estimated current market value, but only when the estimated current
market value is $5,000.00 or less per unit, item, or common lot;
2.
An
auction conducted by the City or other governmental agency;
3.
An
Internet based auction or selling tool;
4.
Sale
to the general public via advertised, sealed bidding;
5.
Trade-in
on new supplies or equipment;
6.
Sale,
trade, transfer, or donation to an outside, publicly funded or charitable
organization;
7.
Recycling
and/or sale as scrap;
8.
Discarding
as trash;
9.
Any
other manner, approved in advance by the City Council.
B.
Any
sale to the general public via advertised, sealed bidding, must be
obtained in a manner determined by the purchasing agent which will
encourage the highest bid. The purchasing agent will provide notice
of the solicitation of bids through advertisement in a newspaper of
general circulation in the City, printed and published in the County
and on the City's website or other electronic means of posting
notices. Such notice must be given at least seven days before the
last established date for the receipt of bids as designated in the
notice.
C.
In addition
to the manners of disposal listed above, disposal of scrap materials
(i.e., metal, wood, tires, engine oil, etc.) may be accomplished by
the purchasing agent through term contract or other means utilizing
the competitive bid process. Commodity indices, industry practice,
and other economic indicators should be used as guidelines in developing
the sale method.
(Ord. 556 § 3, 2019)
The amount received for any property sold pursuant to this chapter
must be deposited in the City general fund if not otherwise subject
to legal restriction.
(Ord. 556 § 3, 2019)
No City officer or employee or any member of the immediate family
of a City officer or employee may purchase surplus property at any
sale in which that officer or employee participated in his or her
official capacity.
(Ord. 556 § 3, 2019)
