POLICY: DISPOSAL OF SURPLUS PROPERTY OTHER THAN REAL ESTATE

Transcription

1 CITY OF Yakima REISSUED POLICY NUMBER: ADMINISTRATIVE POLICIES FORMER POLICY NUMBER: ADM 201 DEPARTMENT: Purchasing EFFECTIVE DATE: 1/6/2009 SUPERSEDES: AUTHORIZED BY: City Manager, Purchasing Mgr REISSUE DATE: 11/01/2012 POLICY: DISPOSAL OF SURPLUS PROPERTY OTHER THAN REAL ESTATE PURPOSE The City has the statutory authority to dispose of property under RCW (3) and City of Yakima Municipal Code, as currently enacted and hereinafter amended. The purpose of this policy is to establish procedures for disposition of property, other than real estate, which is surplus to the needs of the City. POLICY SUMMARY This policy specifies who is responsible for the administration of the policy, procedures for determining the value and for distribution or disposal of surplus property, restrictions, and statutory exceptions and requirements. SCOPE AND APPLICABILITY This policy applies to all City officials and employees of the City of Yakima. POLICY AND PROCEDURES Responsibility for Administration The City of Yakima Purchasing Division is responsible for the administration of this policy. The Purchasing Division shall coordinate the disposition of surplus property, and shall aid the City Manager in determining the best method of disposal. The Purchasing Division shall dispose of the property in the manner specified, and shall ensure that net proceeds are deposited with the Treasurer s Office and distributed as revenue to the appropriate fund(s). Any cost incurred in the sale of surplus property shall then be paid from the receiving fund (i.e., auctioneer commission, advertising, etc.). Any cost incurred in the disposition of property shall be paid by the responsible department/division (i.e., recycling fees, transportation charges, etc.). Determination of Value A department/division wishing to dispose of a single item of surplus property, or a group of items, shall make an estimate of the reasonable market value in as is, where is

2 condition. If the department/division cannot make the estimate, the Purchasing Division shall determine the reasonable market value. The Washington Supply Chain Management Manual: Section 3.7 through Used Item Management, may be used as a guide to determine whether it is suitable to keep or to dispose of used property. When disposal is made to the general public through sealed bid or auction, final determination of value shall be the highest responsible bid or offer. Where the Purchasing Division determines that specific supplies or equipment are of minimal value to the City due to spoilage, obsolescence or other cause or where the Purchasing Division determines that the cost of disposal of such supplies or equipment would exceed the recovery value, the Purchasing Division shall dispose of the same in such a manner as he or she deems appropriate and in the best interest of the City. Initial Procedure The City department/division responsible for property it wishes to declare surplus shall provide the Purchasing Division with a detailed written description of the subject property, its location, condition and estimated value. The Purchasing Division shall then determine if any other City department/division has use for the property. If another department/division has use for the property, the Purchasing Division shall facilitate the transfer of ownership. All departments/divisions, excluding Police and Fire, wishing to transfer or dispose of surplus vehicles/rolling stock shall first make arrangements with the Equipment Rental Division s Fleet Manager. For all departments/divisions, vehicle replacement must be approved in the department/division s annual equipment replacement fund budget. All vehicles identified as needing replacement will be declared surplus when the annual equipment replacement fund budget (ERF) is approved. Departments/divisions must list the asset numbers of the vehicles scheduled to be replaced. All fixed assets being transferred or disposed of shall be reported to the Department of Finance and Budget as required by City of Yakima Administrative Code Ch If no other City department/division has use for the property, the following procedures shall apply: Items that are unusable, obsolete, broken and would reasonably be considered garbage may be disposed of or recycled in an appropriate and legal manner. If the estimated value of the surplus property is $15,000 or less, the City Council shall delegate authority to the City Manager who may authorize disposal of the property in any manner deemed to be in the City s best

3 interests without reporting the matter to the City Council. The property will be disposed of in one of the specifically approved methods listed herein below. Public or web-based (online) auction; Solicitation of written bids; Trade-in; Return to manufacturer for buy-back or credit; Transfer to another agency of government at full value as required by RCW and defined by AGO 1997 No. 5; Public yard sale; Selling raw materials, such as metal, for scrap; Donation to a qualified non-profit organization; Recycling; or Such other method as authorized by City Council. If the surplus property has an estimated value of $15,000 or more, the surplus property s disposition must be approved by the City Council. Restrictions City employees shall not directly or indirectly use, take, or dispose of City property other than in their official duties. This includes, but is not limited to, uniforms, supplies, tools and vehicles. Items owned by the City found to be unfit for further service on the job shall be turned in to a designated point within the department. As the numbers of items turned in justifies, they will be declared surplus and sold or disposed of pursuant to the procedures contained herein. No City owned item shall be turned over to an individual (employee or other person) for his/her personal use. Employee and retired employee associated organizations shall not request and will not receive any preferential treatment in the disposal or sale of City surplus material unless authorized by the City Manager. Under the terms and conditions of the Yakima City Charter, City officials and employees are prohibited from purchasing City surplus items directly or otherwise as a buyer or buyer s agent. Statutory Exceptions & Additional Requirements Disposal by the Police Department of unclaimed and seized property and abandoned junk motor vehicles shall be governed by the Revised Code of Washington and City of Yakima Municipal Code as currently enacted. If the asset proposed as surplus is evidence released by the Court, seized assets or unclaimed property, the City Manager or designee shall review the appropriate statutes prior to asking the City Council to declare it surplus. If the value of the asset is estimated to be more than $50,000, and if the sale or conveyance is to another governmental entity, the provisions of RCW shall apply. This includes several requirements, including a public hearing and certain notice provisions.

4 If the asset was originally purchased for utility purposes, the provisions of RCW shall apply. This includes several requirements, including a resolution and public hearing. This policy does not apply to certain personal property acquired under federal grants and contracts, if in conflict with special title provisions contained in such grants or contracts. Certain City ordinances and provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, City officials shall comply with those laws, treating them as limited exceptions to this Policy. Exceptions include, but are not limited to, the following, as they may from time to time be amended: RCW Equipment rental fund RCW through.690, and.725 through Transfer to municipally charted corporations RCW Ride-sharing vehicles RCW Ch Surplus utility property RCW Ch and.34 Intergovernmental agreements; alternate method for intergovernmental disposition of property RCW Disposition of abandoned junk motor vehicles RCW Junk vehicles Removal, disposal, sale Penalties Cleanup restitution payment DEFINITIONS Qualified Non-Profit Agencies And Organizations State Agencies (including universities and colleges). Any other tax-supported educational agencies. Tax-supported agencies, municipalities, or political subdivisions within the State of Washington. Public benefit nonprofit corporations (501c3). Qualified emergency shelters providing assistance to homeless persons. Surplus Any tangible personal property owned by the City, which is not needed at present, or for the foreseeable future, or that is no longer of value or use to the City.

5 REFERENCE DOCUMENTS AND PROCEDURES Resolution No. R Surplus Authorization Policy RCW (3) Specific powers enumerated RCW Interest in contracts prohibited Exceptions RCW Surplus personal property sale, exchange Exceptions and limitations RCW Surplus computers and computer-related equipment Donation to school districts or educational service districts RCW Surplus personal property Donation to emergency shelters RCW Lease or sale of land or property originally acquired for public utility purposes Washington Supply Chain Management Manual: Section 3.7 through Washington State Constitution Article VIII, 7 Credit not to be loaned City of Yakima Legal Opinion Surplus Property Disposal 08/26/1985 City of Yakima Legal Opinion Disposal of Surplus Property- 02/24/1994 MRSC Municipal Research and Services Center of Washington: Sample Disposal of Surplus City Assets Policy MRSC Statutes Sale of Surplus City Property City of Bellingham Policy ADM : Disposal of Surplus Property other than Real Estate City of Kennewick Policy : Surplus Property Resolution No : A Resolution of the Board of Directors of the Snohomish County Public Transportation Benefit Area Corporation (SCPTBAC, DBA Community Transit) which authorizes the Chief Executive Officer to donate surplus property to qualified organizations as an alternate means of disposal AGO 1997 No. 5 Relationship of Intergovernmental Disposition of Property Act to RCW RCW Sale, exchange, transfer, lease of public property authorized RCW Disposal of surplus property Hearing Notice WAC Surplus Property Disposal Priorities