The purchasing agent for the county shall have the authority to dispose of surplus personal property belonging to the county under the following conditions.
(1) Public agencies.
(a) The purchasing agent may lease or sell surplus personal property of the county to any other federal, state or local public agency having a need for such property after determining and receiving therefor a fair and reasonable value. Such value may be determined by independent appraisal or otherwise.
(b) A lease agreement or bill of sale shall be furnished to document the transaction signed by the purchasing agent and the County Administrator.
(2) Nonpublic agencies and persons. The purchasing agent may sell surplus personal property of the county to nonpublic agencies, firms, corporations or individuals according to the following procedures.
(a) Sealed bid.
1. A single item or accumulation of items of surplus personal property may be sold by sealed bid to the highest bidder after due advertisement which shall be given not less than 10 working days prior to the sale date; provided, that the purchasing agent and County Administrator are of the opinion this would be in the best interest of the county.
2. A bill of sale shall be furnished to document the transaction signed by the purchasing agent and the County Administrator.
(b) Public auction.
1. Any accumulation of items of surplus personal property may be sold by public auction after due advertisement of such items which shall be given at least 10 working days prior to the sale date; provided, that the purchasing agent and the County Administrator are of the opinion that the quality, type of merchandise and time, together with other relevant considerations, warrant the time and expense, and that it would be in the best interest of the county.
2. The purchasing agent shall select an auctioneer at a price to be either a percentage of the sale proceeds or a lump sum to be paid from the proceeds of the sale.
3. A bill of sale shall be furnished to document the sale signed by the purchasing agent and the County Administrator.
(3) Holding period prior to sale, etc. No sale, lease or other disposition of surplus personal property may be made unless such property has been held by the assets control officer in a surplus status for at least 30 days.
(4) Advertisement. No public official or employee of the county may purchase an item of surplus personal property belonging to the county for his or her personal use unless such purchase is made after public advertisement for the sale of such item by sealed bid or at auction open to the general public.
(5) Item of no value. An item which is included for sale at public auction and for which no bids are received may be determined to have no economic value. The purchasing agent and the asset control officer shall declare the item to have no value. Surplus items which have no value shall be disposed in a manner consistent with disposal of trash, garbage or refuse in the county.
(6) Conflict with state law. Should any of the procedures for the sale or lease of surplus personal property hereinabove set forth be in conflict with the statutory law of this state, such statutory law shall control.
(1976 Code, § 2-303) (Ord. 537, passed - -; Ord. 1456, passed 10-15-1985)