(a) Notice of Availability of Personal Property. Departments wishing to dispose of personal property shall send an itemized list, a signed declaration of surplus inventory with an estimate of fair market value, and a statement of condition to the Purchasing Division which shall:
(1) Place the personal property on the County's internal website as being available to other County offices. County offices may select property from the list and request to have it transferred.
(2) Place any personal property on the County's website for one week as available for transfer to other local governments; and
(3) Place any personal property remaining after such selections on the County's website for one week as available for transfer to eligible non-profits pursuant to subsection (h).
(4) Any personal property remaining shall be identified to the County Executive who may declare by Executive Order that the personal property is surplus that is not needed for public use and shall be disposed of in accordance with this Section.
(b) Necessary Approvals Are Based upon Fair Market Value of Personal Property.
(1) Item or lot of surplus property equal to twenty-five thousand dollars ($25.000.00) or less in fair market value. Where an individual item or lot of surplus property has an estimated fair market value, as determined by the Executive, of twenty-five thousand dollars ($25,000.00) or less, it may be sold, transferred or otherwise disposed of by Executive Order through the Purchasing Division, as provided by this Section.
(2) Item or lot of surplus property exceeding twenty-five thousand dollars ($25.000.00) in fair market value. Where an individual item or lot of surplus property has an estimated fair market value, as determined by the Executive, exceeding twenty-five thousand dollars ($25,000.00), the Executive, with the approval of Council, may sell or transfer such property, through the Purchasing Division, as provided by this Section.
(c) Sale of Surplus Property. Sale as authorized by subsection (b) hereof shall be conducted by the Executive, through the Purchasing Division by the following methods:
(1) Sale of surplus property by on-site auction. The Executive may conduct an on-site auction, which shall be advertised in at least one newspaper of general circulation in the County at least ten days prior to the date of the auction. The auction shall be conducted by open or sealed bids, with or without minimum bid, for cash or upon terms and with security as determined by the Executive. Sales shall be to the highest bidder who meets the requirements of the terms of the auction. In the event no bids are received, the Executive, through the Purchasing Division, may hold such surplus property for resale at a subsequent time or may declare such property as salvage and dispose of such surplus property for the salvage value thereof, if any.
(2) Sale by internet auction.
A. The County may sell surplus property by internet auction. A notice of the sale of surplus property by internet auction shall be posted continuously throughout the calendar year on the County's web site. The notice shall include a description of how the auctions will be conducted and shall specify the number of days for bidding on the property, which shall be no less than five days, including Saturdays, Sundays and legal holidays.
B. Conduct of internet auction of surplus property. The Executive shall establish a minimum price that will be accepted for a specific item or lot and may establish any other terms and conditions for the particular sale, including requirements for pick-up or delivery. method of payment and sales tax. Such information shall be provided on the internet at the time of the auction and may be provided before that time upon request, if available.
(d) Scrap or Salvage. Where the Executive has declared that County personal property is not needed for public use or is obsolete or unfit for the use for which it was acquired and that the property has no value beyond scrap or salvage value, it may be scrapped or salvaged.
(e) The Executive may, with the approval of the Council, dispose of personal property under this section, which is not needed for public use, without conducting a public auction or sealed bids provided the Council finds good cause as to why a public auction or sealed bid is not warranted to dispose of surplus equipment.
(f) The County of Summit Engineer may, at his discretion, dispose of or recycle construction and demolition debris as defined by Section 3714.01 of the Ohio Revised Code which is not needed for public use without conducting a public auction or sealed bids provided the Engineer obtains a commercially reasonable salvage or scrap value for the construction debris.
(g) Transfer of Surplus Personal Property to Governmental Authority, Public Board or Commission. Any personal property no longer necessary for public use or any surplus personal property may be transferred to any governmental authority, public board or commission upon authorization by the Executive.
(h) Donation of Surplus Personal Property to Tax-Exempt Nonprofit Organization. Personal property no longer necessary for public use, or any surplus property, may be transferred to any eligible nonprofit organization located in the County of Summit that is exempt from federal income taxation pursuant to 26 U.S.C. §§ 50l(a) and (c)(3).
(1) Notice of interest. Any nonprofit organization desiring to obtain donated property under this section shall submit a written Notice of Interest to the County Executive which shall include the following information:
A. Proof that the organization is a nonprofit organization that is located in the County of Summit (or the State of Ohio pursuant to Section 177.21(b)(2)) and is exempt from federal income taxation pursuant to 26 U.S.C. §§ 50l(a) and (c)(3):
B. A description of the organization's primary purpose;
C. A description of the type or types of property the organization needs; and
D. The name, address, and telephone number of a person designated by the organization's governing board to receive donated property and to serve as its agent.
(2) List of nonprofit organizations. The County Executive shall maintain a list of all nonprofit organizations that notify the County of their desire to obtain donated property and are determined to be eligible. This shall be done in accordance with the requirements set forth in this section and in the donation programs guidelines and procedures to be established by Purchasing Division.
(3) Priority list. The Executive shall establish by Executive order a list of eligible nonprofit organizations that shall be given priority with respect to an item's donation. The Executive shall specify the reasons why the organizations are given priority. If no County of Summit nonprofits are eligible to receive donated personal property, or no County of Summit nonprofits express an interest in receiving donated personal property, the Executive may solicit nonprofits located elsewhere in the State of Ohio in accordance with this section.
(4) Compliance with Ohio ethics laws. The sale or donations listed under subsection (b) shall comply with the provisions of Chapters 102 and 2921 of the Ohio Revised Code, with respect to the ethics of selling or donating property to a nonprofit organization of which an interested County official, any member of the official's family, or any business associate of the official is a trustee, officer, board member, or employee.
(5) Additional requirements. The Executive may set further requirements by Executive Order for transfers under this section in accordance with the Ohio Revised Code and these Codified Ordinances.
(Ord. 2000-202. Adopted 5-22-00; Ord. 2015-436. Adopted 10-26-15; Ord. 2015-552. Adopted 12-14-15.)
(Ord. 2000-202. Adopted 5-22-00; Ord. 2015-436. Adopted 10-26-15; Ord. 2015-552. Adopted 12-14-15.)