Sec. 28-69. Disposition of surplus property.

   Sec. 28-69(1). The director will operate a surplus property program for the purpose of receiving, storing, transferring, or selling surplus property no longer needed by using agencies.

   Sec. 28-69(2). Using agencies shall request department authorization to transfer fixed assets to another using agency, or to request transfer of property into or from the surplus property program.

   Sec. 28-69(3). Unless otherwise provided for, surplus property no longer needed by any using agency shall be offered through competitive sale to the highest responsible bidder.

   Sec. 28-69(4). Unless otherwise provided, all proceeds from the sale of surplus property will be deposited into the city’s general fund. Proceeds from fixed asset sales of enterprise, federal, grant or other special designation property will be reimbursed, less pro-rated selling expenses, to the appropriate fund, after completion of each sale.

   Sec. 28-69(5). Notwithstanding the provisions of this article, surplus fire apparatus and/or related equipment may be disposed of through noncompetitive sale with public emergency, fire, rescue or medical agencies. Responsibility for the sale may be delegated by the director to the Tucson Fire Chief. Any such sale shall be at fair market value and the proceeds shall be restricted for use by the Tucson Fire Department for the purchase of equipment or apparatus in accordance with article III.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-70. Disposition of unclaimed, lost, confiscated property.

   Sec. 28-70(1). The Tucson Police Department will deliver to the department all unclaimed, lost and confiscated property not claimed or taken away by owner or finder, excluding all firearms, ammunition, knives or other weapons and excluding any items determined to be of use in special police operations.

   Sec. 28-70(2). After delivery to the department, unclaimed or lost property may be transferred to using agencies upon submission of a detailed request from the using agency to the director.

   Sec. 28-70(3). Unless otherwise provided for, all remaining unclaimed, lost and confiscated property shall be disposed of in accordance with section 28-69(3). Proceeds of the auction, less selling expenses if applicable, will be deposited to the general fund unless otherwise required.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-71. Donations.

   [Sec. 28-71(1).] Notwithstanding any other provision, surplus, unclaimed, or lost property not needed by using agencies may be disposed of through a donation process provided that any such noncompetitive disposition is made pursuant to a request submitted to the director for review and approval of the city attorney. The director shall consider the monetary loss to the city and determine whether such disposition is in the public interest. Any request for donation with a fair market value exceeding two thousand five hundred dollars ($2,500.00) shall require additional approval by the mayor and council.

   Sec. 28-71(2). Notwithstanding the provisions of [section] 28-71(1), surplus fire apparatus and/or related equipment may be disposed of through noncompetitive sale with public emergency, fire, rescue or medical agencies.

   Sec. 28-71(3). Notwithstanding the provisions of [sections] 28-69(3) and 28-69(4), the fire chief and/or his designee may dispose of surplus fire apparatus and/or related equipment through noncompetitive sale at fair market value with public emergency, fire, rescue or medical agencies, with the proceeds of such a sale restricted for use by the fire department for the purchase of equipment or apparatus in accordance with sections 28-17 or 28-18.

(Ord. No. 10404, § 1, 5-15-07)

Secs. 28-72--28-74. Reserved.

ARTICLE IX. LEGAL AND CONTRACTUAL REMEDIES*

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*   Editors Note: See editor's note at Art. I.

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Sec. 28-75. Definitions.

In this article, unless the context otherwise requires:

   Sec. 28-75(1). "Adequate evidence" means more than mere accusation but less than substantial evidence. Consideration shall be given to the amount of credible information available, reasonableness in view of surrounding circumstances, corroboration, and other inferences that may be drawn from the existence or absence of affirmative facts.

   Sec. 28-75(2). "Affiliate" means any person whose governing instruments requires it to be bound by the decision of another person or whose governing board includes enough voting representatives of the other person to cause or prevent action, whether or not the power is exercised. It may also include persons doing business under a variety of names, or where there is a parent-subsidiary relationship between persons.

   Sec. 28-75(3). "Debarment" means an action taken by the director under this article to prohibit a person from participating in city procurements.

   Sec. 28-75(4). "Filed" means delivery to the contract officer or to the director, whichever is applicable. A time and date of receipt shall be documented in a verifiable manner for purposes of filing.

   Sec. 28-75(5). "Governing instruments" means those legal documents that establish the existence of an organization and define its powers including articles of incorporation or association, constitution, charter and by-laws.

   Sec. 28-75(6). "Interested party" means an actual or prospective bidder, respondent or offeror whose economic interest may be affected substantially and directly by the issuance of a solicitation, the award of a contract or by the failure to award a contract. Whether an economic interest exists will depend upon the circumstances of each case. An interested party does not include a supplier, subconsultant or subcontractor to an actual or prospective bidder, respondent or offeror.

   Sec. 28-75(7). "Receipt" means the earlier of actual receipt or the first attempted delivery by certified mail, or by any other means that provides evidence of the attempt, to the persons' last known address.

   Sec. 28-75(8). "Substantial evidence" means such relevant evidence as a reasonable person might accept as sufficient to support a particular conclusion.

   Sec. 28-75(9). "Suspension" means an action taken by the director under this article temporarily disqualifying a person from participating in city procurements.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-76. Authority of the contract officer.

The contract officer shall have the authority to settle and resolve protests and contract claims. Appeals from the decisions of the contract officer may be made to the director pursuant to the provisions of this article.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-77. Right to protest.

Any actual interested party who is aggrieved in connection with the solicitation or award of a contract above the amount specified in section 28-16(1) may protest to the contract officer.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-78. Filing of a protest.

   Content of protest. The protest shall be in writing and shall include the following information:

   (a)   The name, address, telephone number and email address of the protestant;

   (b)   The signature of the protestant or its representative;

   (c)   Identification of the solicitation or contract number;

   (d)   A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

   (e)   The form of relief requested.

(Ord. No. 10404, § 1, 5-15-07)