Chapter 3.14
PURCHASING AND SURPLUS PUBLIC PROPERTY
Sections:
3.14.090 Prohibited practices.
3.14.100 Disposition of surplus public property.
3.14.010 Definitions.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 1)
3.14.020 Administration.
Under direction of the city manager, the purchasing policies shall be administered in accordance with applicable state statutes, this chapter, and by other applicable laws. The city manager or his/her designee(s) shall have the responsibility and accountability to purchase and dispose of city property in accordance with state law and as established by resolution.
A. Prescribe and maintain such administrative policies, procedures and forms as are reasonably necessary to the operation of said purchasing system.
B. Periodically prepare a comprehensive list of surplus, worn out or obsolete city-owned equipment. Items which cannot be used or reassigned to another department shall be recommended to the manager for disposal as set by resolution, unless the cost of said surplus property exceeds $5,000, in which case the manager shall hold an administrative hearing prior to disposal pursuant to RCW 39.33.020. (Ord. 2009-036 § 1; Ord. 2008-005 § 1; Ord. 2002-006 § 2)
3.14.030 Local vendors.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 3)
3.14.040 Competitive bidding.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 4)
3.14.050 Small works roster.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 5)
3.14.060 Architectural and engineering services.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 6)
3.14.070 Bidding.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 7)
3.14.080 Exemptions to competitive bidding requirements.
Repealed by Ord. 2008-005. (Ord. 2002-006 § 8)
3.14.090 Prohibited practices.
A. Collusion among Bidders. Any agreement or collusion among bidders or prospective bidders to either buy or sell, in restraint of freedom of competition, be it agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void. Such bidders may be subject to possible exclusion from future bidding with the city when determined by the city manager to be in the best interest of the city.
B. Disclosure of Formal Bid Contents. Any disclosure in advance of the opening bids, of any information contained in the sealed or formal bid, made or permitted by a city officer or employee may render each bid void either by the city or the parties submitting bids. Appropriate disciplinary action shall be taken against both the persons revealing the information and the persons using the information. Notwithstanding anything herein to the contrary, all bids submitted by bidders taking advantage of any information revealed contrary to this section shall at once become null and void.
C. Gratuities. With the exception of normal business and social courtesies, or donations publicly given and accepted, the acceptance of any gift or gratuity in the form of cash, merchandise or any other thing of significant value by an official or employee of the city from any vendor or contractor, or prospective vendor or contractor, shall be prohibited.
D. Employee-Owned Businesses. City goods or services shall not be obtained from businesses in which city officials, employees or their immediate family members have a majority ownership interest.
E. Sale of Materials and Supplies. The city shall not use its purchasing power or lend its credit to acquire goods or services for any private party, nor shall the city sell its materials or supplies to city officials, employees, or the public except when said materials have been declared surplus and disposed of as provided herein. (Ord. 2009-036 § 1; Ord. 2008-005 § 1; Ord. 2002-006 § 9)
3.14.100 Disposition of surplus public property.
Disposition of surplus public property will occur in accordance with state laws and as established by resolution. The city manager is authorized to amend the policies and procedures adopted by council resolution periodically to remain consistent with state law and best practices. This section applies to personal property and real property owned by the city, as set forth below. City-owned property includes property that came into the city’s legal possession as a result of any means including without limitation purchase, trade, claim, donation, forfeiture, impoundment, or abandonment.
A. Declaration as Surplus Personal Property. Upon recommendation of the department head who has custody of the property, the city manager may declare personal property surplus if its aggregate actual value or reasonably estimated value is $50,000 or below without notice to or action by the city council. Such declaration must be based upon one or more of the following criteria:
1. The city has or soon will have no practical, efficient, or appropriate use for the property, nor will it have such a use for the property in the near future.
2. The purpose served by the property can be accomplished by use of a better, less costly, or more efficient alternative.
3. The use for the property no longer exists as determined by a change of policy evidenced by an ordinance or resolution of the city council.
4. The property is damaged, worn out, obsolete, or inoperable, and the cost of repair is unwise or impractical.
B. Sale, Trade, or Other Disposition of Property Declared as Surplus (Excluding Real Property).
1. If a department head or authorized city representative has city personal property under their control or supervision that the city manager has declared as surplus, the employee will notify the city clerk who will circulate a citywide written notice giving other departments the opportunity to review their need for the property. If any other department desires to acquire and use the proposed surplus property it may be transferred, subject to city manager approval.
2. If no request for use of proposed surplus property is timely received from another department, the city clerk may proceed to direct the disposal of the property via another appropriate and commercially reasonable means adopted in policy.
3. If the personal property’s value is between zero and $50,000, the city manager has the authority to choose the disposition method. Surplus personal property valued at or above the amount specified in RCW 39.33.020 ($50,000 or as may be amended) must have city council advance approval of both the declaration and the disposition method. Personal property valued at or above the amount specified in RCW 39.33.020 that is proposed for intergovernmental transfer requires a public hearing before transfer. See subsection C of this section.
4. Surplus personal property with an estimated value of $999.00 or less which in the determination of the city manager is not suitable for sale or auction because of obsolescence, wear and tear, or other reasons, may be dismantled, if necessary, and sold as scrap, or recycled, or treated as solid waste. Property of this type can be described as “junk.”
5. Personal property of any estimated value that has been declared surplus in accordance with this section, but which despite the city’s diligent efforts has not been able to be disposed of through sale, auction, or transfer to another government agency, may be donated to any charitable organization that supports the poor and infirm and is willing to accept it. The city manager has discretion to determine when the city may cease other disposition methods and pursue donation. Successful donations must be memorialized in writing through an agreement, letter, or receipt.
6. Personal property of any estimated value that has been declared surplus in accordance with this section, but which the city has been unable to sell, auction, transfer, or donate, may be determined to be “junk” and disposed of as scrap, recycled, or treated as solid waste.
7. Nothing in this section requires the city to store obsolete or useless surplus personal property solely because diligent efforts to sell, auction, transfer, or donate the property have been unsuccessful.
C. Sale or Trade of Surplus Real Property or Surplus Personal Property Valued at $50,000 or Above.
1. The decision to declare city-owned real property as surplus rests solely with the city council.
2. The decision to declare city-owned personal property valued or reasonably estimated to be valued at $50,000 or above rests solely with the city council (RCW 39.33.020 as may be amended). A public hearing must be held before such surplus items are disposed of if the proposed disposition is an intergovernmental transfer. See AGO 1997 No. 5.
3. Notice of a proposal to declare such property as surplus must be given to all city council members, who will proceed in accordance with RCW 39.33.020 and other applicable statutes to issue the appropriate public notice and hold a public hearing if required.
4. If the city manager determines that real property proposed to be declared surplus could be sold for a greater benefit to the city if something other than cash were taken as consideration or partial consideration, the manager may invite prospective purchasers to tender such proposals. If the city manager considers such an offer to be the best offer made, the offer will be presented to the city council at a regular council meeting with the city manager’s written reasons for that determination.
5. The city manager’s presentation to council must include an appraisal of the proposed in-kind consideration made by a qualified independent appraiser.
6. If the city council finds that the proposal containing the in-kind consideration has more value or benefit to the city than any other proposal submitted, they may authorize the city manager to accept the offer containing in-kind consideration.
7. The city council in its sole discretion may dispose of surplus real property in accordance with RCW 39.33.015 (as enacted and as may be amended) for the public benefit purpose of increasing availability of affordable housing for low income or very low income persons and related facilities that support the goals of affordable housing development.
D. Lease of Public Property. When specifically provided for in the city budget, the city manager may authorize the lease or sublease of any property, including real property, under such terms and conditions as the manager may deem desirable, fair, and appropriate, either by use of negotiations or bidding in the best interest of the city. Leases of real property must not be granted for a period of more than five years.
E. Prohibited Dispositions of Surplus Property. In accordance with Washington State’s conflict of interest laws (RCW 42.23.030), certain city employees, officials, and volunteers are prohibited from submitting bids or proposals for, or purchasing or otherwise obtaining, city-owned surplus property. Excluded people are those directly involved in declaring the item surplus and those administering its disposition. In addition, no current or retired employee, official, or volunteer, or their family members, or retired employee association, is allowed to receive any preferential treatment in the disposal or sale of city-owned surplus property. Nothing in this section may be construed as to allow gifting of city property to any employee, volunteer, official, or their respective families.
F. Special Disposition of Retiring Police Dogs. Canine (K-9) officers owned by the city police department that become eligible for retirement will be offered for transfer to their most recent handler. If the handler is unable or unwilling to provide a permanent retirement home for the K-9, the chief of police or designee will circulate notice of the K-9’s retirement to previous handlers in the department, to retired officers with K-9 experience, and to current or former K-9 handlers in other law enforcement agencies in the region. If no acceptable home is located before the K-9 retires, the K-9 may be transferred to any approved agency specializing in retired police or military dogs. In no circumstances will a retiring K-9 be sold or traded to any person or entity. Eligibility for K-9 retirement will be determined by the chief of police with input from the current handler and the K-9’s veterinarian. No advance notification to the city council or resolution is required for disposition of a retiring police dog. Exception: Pre-retirement K-9s who become surplus to city needs due to termination of the police department’s K-9 program may be declared surplus in the manner described for personal property in this section. They may then be transferred, sold, or donated to an approved law enforcement or rescue agency.
G. Administration of Program, Procedural Amendments, and Reports to Council. The city manager with the support of the city clerk and other designees as necessary is responsible for administering the city’s surplus property program. The city manager may approve policies and procedures to implement this section without council approval so long as they do not conflict with state law and this chapter’s designation of authorized decision-making body. The city manager may designate the task of preparing bills of sale and donation agreements to the department head or other designee, but the city manager or mayor must sign them (depending on item value). The city manager is responsible for ensuring that professional estimates of value are obtained, when applicable. In addition to the other required council notice and approval actions discussed in this section, the city manager or designee will make periodic reports to council, at council request, on the status of the program. (Ord. 2023-003 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2008-005 § 1; Ord. 2002-006 § 10)