Lake Elsinore Municipal Code Ch. 3.16 Surplus Property

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 which are no longer needed or which have become obsolete or worn out.

(Code 1987 § 3.11.010; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)

The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment.

(Code 1987 § 3.11.015; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)

In the event that surplus property is to be sold, at least five days before the date of opening of bids or holding of an auction, a notice shall be posted on the City's website and either: (A) posted on a website devoted to procurement services, bid and vendor management such as Planetbids.com, or (B) published in a newspaper of general circulation in the City. All bids submitted to the City shall be immediately available upon request by the public and all auctions shall be open to the public.

(Code 1987 § 3.11.020; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)

If there are no bids, the property may be sold at private sale or donated as provided herein.

(Code 1987 § 3.11.025; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)

The Purchasing Officer shall have authority, subject to the approval of the City Manager, to donate surplus supplies and equipment subject to the following:

A. Surplus supplies and equipment may be donated to nonprofit organizations or school districts located or operating within the City, or if none are identified, then to nonprofit organizations or school districts whose operations benefit Lake Elsinore residents.

B. Donations made to nonprofit organizations or school districts ("recipient entity") shall be on a first-come, first-serve basis.

C. Prior to transfer of the donated supplies or equipment, the recipient entity shall provide a statement executed by a person duly authorized to legally bind the recipient entity that the donated property will:

1. Be accepted "as is," with no express or implied warranties; and

2. That an immediate need exists for the property and that it will be put into immediate use; and

3. That the property not be sold or otherwise transferred for profit; and

4. That the recipient entity shall assume all costs and liability associated with the removal and transportation of the surplus property from the City.

D. City shall provide notice of the surplus property to be donated.

E. If, in the opinion of the Purchasing Officer, the property to be donated pursuant to this section has a value of $2,000 or more, the Purchasing Officer shall notify the City Council, in writing, of the property to be donated, the estimated value of the property to be donated, and the recipient of the property proposed to be donated at least 30 days prior to the donation of the property.

(Code 1987 § 3.11.030; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)

A. The Purchasing Officer shall have authority, subject to the approval of the City Manager, to scrap surplus supplies or equipment if the surplus supplies or equipment cannot otherwise be traded in, sold, auctioned, donated, or salvaged. At least 30 days prior to any such action, the Purchasing Officer shall notify the City Council, in writing, of the property to be scrapped.

B. If after reviewing the procedures outlined herein, the Purchasing Officer determines that trade-in or sale of the surplus supplies or equipment is not practicable and after offering said surplus supplies or equipment for donation in accordance with LEMC § 3.16.050, the Purchasing Officer may dispose of such surplus supplies or equipment as he/she determines is in the best interests of the City. Prior to such final disposition of the surplus supplies or equipment, the Purchasing Officer shall notify the City Manager and City Council of the proposed method of disposal which shall be done not less than 30 days thereafter unless the City Manager or City Council directs further review or takes other action as appropriate.

(Code 1987 § 3.11.035; Ord. 1109 § 3, 2003; Ord. 1328 § 2, 2014)