Ordinance 808 ~ ~
~ ~ ORDINADICE NO. 808
i A.N OFiDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER 3.25
TO THE CUPERTINO MiR1ZCIPAL CODE PROiIIDIIQG FOR A UNIFORM
SYSTEM FOR THE SALE OF SURPLUS SUPPLIES A:QD EQUIPt•SENT
I THERE IS HEREBY added to the Cupertino tiunicipal
Code, Chapter 3.25 entitled "Sale of Surplus Supplies
and Equipment" to read as follows:
Section 3.25.010 Ado tion of sales s stem. In
order to esta s e icient proce ures or t e sale of
surplus supplies and equipment at the highest possible
return, to exercise positive financial control over such
sales, and to define clearly the authority for the admin-
istration of.these functions, a surplus sales system is
adopted.
Section 3.25.020 Sur lus Sales Officer. The
Director o A nistrative Services or, n e alternative,
such other person as may be designated in writing by the
City Manager, shall be and is appointed to perform the
functions of the Surplus Sales Officer for the City and
shall have the responsibility and authority to:
A. Sell surplus supplies and equipment as may be
required by any departr.ient or other agency of the City in
accordance with procedures either prescribed by this
Chapter, or by such administrative rules and regulations
as the Surplus Sales Officer may adopt pursuant thereto;
B. Prepare and adopt administrative rules and
requlations not in conflict with the provisions of this
Chapter for the purpose of carrying out the requirements
and intent of this surplus sales system.
Section 3.25.030 C,entralized sales.
A. To the extent at ef iciency and fairness may
best be achieved in the sales of surplus supplies and equip-
ment of the City, the acceptance of all bids and the sales of
all department or agency surplus supplies and equipment shall
be centralized under the Surplus Sales Officer.
B. When the provisions and intent of this Chapter
may best be sarved by so doing, the Surplus Sales Officer
may authorize, in writing, any department or agency of the
City to investigate, solicit bids, or to negotiate the sale
of surplus supplies and equipment of the department or agency,
independently of the centralized sales system, provided that
such actions shall be done in conformity with the procedures
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~ prescribed either by this Chapter, or by duly adopted
administrative rules and regulations pertaining thereto.
Section 3.25.040 2lotice of sur lus status.
A epartments a agencies o t e City shall
notify the Surplus Sales Officer whenever it is determined
that such department or aqencies have surplus supplies oz
equipment which should be sold. Said notification shall
be a prerequisite to the sale of any surplus supplies and
equipment.
Section 3.25.050 Su lus b auction onlv.
A. Sales o surplus supp es an equipment which,
in the opinion of the Surplus Sales Officer, have an
estimated individual value of One Thousand Dollars or
more, shall be made only by means of public auctions
held under the authority and scrutiny of the Surplus
~i Sales Officer.
B. All such auction sales shall be with reserve,
and the Surplus Sales Officer can withdraw the surplus
items at any time prior to the completion of the sale.
Section 3.25.060 Biddin and a ment. All sales
of surplus supp ies and equipment made by pu lic auction,
as set forth in Section 3.25.050, shall be to the highest
bidder pursuant to the p:ocedure hereinafter described:
A. Notices inviting bids shall be prepared,
published once in a newspaper of general circulation
published and circulated within the Citv, and distributed
to gersons who have requested to be notified of such biddinq
opportunities. The notices shall contain a description of
the items to be auctioned, shall state where and when the
items may be viewed prior to the auction, and shall state
the time and place of the auction.
B. All sales must be completed on the day of the
auction, and payment may be made only by cash, certified
check, cashier's check or money order.
C. On refusal or failure of the successful bidder
to complete the sale as prescribed above, the sale may be
made ta the next highest bidder.
Section 3.25.070 Open market sales. Surplus
supplies and equipment may be sold on the open market by
the Surplus Sales Officer without regard to formal bidding
procedures set forth in Section 3.25.060 when, in his
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opinion, the individual estimated value of the supplies
• or equipment is less than One Thousand Dollars; provided,
however, that, whenever practicable, price offers shall
be solicited either orally or in writing and the sale
made to the highest responsible bidder.
Section 3.25.080 Sales to other ublic a encies.
T ere s excepte rom e provisions o t is
Chapter sales of surplus supplies and equipment to any
other public agency created under the laws of the State
of California or the United States Government.
Section 3.25.090 Sales to officia.Is, officers
and em o ees o t e Cit .
O icia s, o icers, an employees, when not
otherwise prohibited by law, may purchase surplus aupplies
and equipraent offered for sale under the provisions of
this Chapter. However, said purchases may only be made
at public auction, unless otherwise authorized by the Cit~
Council.
I Section 3.25.100 Severabilit . If any section,
; subsection, su ivs.sion, sentence, c ause or phrase of
this Chapter is for any reason held to be unconstitutional
I or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portions of
this Chapter shall not be affected the=eby.
ZNTR09UCED at a regular meeting of the City Council
of the City of Cupertino, .this c5 h, day of _ ~,Tul~ ,
1977, AND ENACTED at a regular meeting of the C ti y Counai~
of the City of Cupertino, this 19ch day of .Tuly ,
1977, by the following vote:
Vote Membere of the City Council
AYES: Jackson, Ptieyera. Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
ABSTAIN: None
^ APPROVED:
' ~~~-~o.~-~ ~
Mayor, City of Cupertino
,
ATTEST:
' City Cler
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of Cupartino Osdi.neuce Na. ~
certl£q that tha Citq ~i S~id Otdinanae Whioh he8
2 hareby g true and cosrect copy
atCac.~?ed hereto ~ ogted pursuaat to law.
btsa published or P
Wm. E• RY ~
City Cle