3.40.170 - Property management.

All county surplus personal property with an estimated value of five thousand dollars or greater shall be managed by the board and by the elected and appointive officers therein, and held, used, leased, licensed and sold pursuant to this chapter and the laws of the state of Washington.

(Ord. 84-04 Exh. A (part), 2004)

3.40.180 - Surplus notification.

Each county department and official shall promptly advise the board when any personal property with an estimated value of five thousand dollars or greater is surplus to its needs, and the board shall thereafter determine if the property is surplus.

(1)

To declare personal property as surplus the board shall find that no other county department has a need for the property, conversely, and upon finding such a need, the board shall transfer control of the property to that department at such value as is required by law.

(2)

Upon board findings that the personal property is surplus, the board shall evaluate each and select one of the following dispositions as most advantageous to the county:

(A)

Trade-in for the property that meets current or future needs of the county;

(B)

Lease to a nongovernmental entity;

(C)

Sale or lease to another governmental entity; or

(D)

Sale to the public by public auction or contract for the sale of such items at public auction.

(3)

Upon a determination that personal property with a value of five thousand dollars or greater is surplus, the board shall appraise the property and establish an estimate of the market value by appropriate means and exercise its best judgment to make a good faith determination as to the value or lack of value of the property.

(Ord. 84-04 Exh. A (part), 2004)

3.40.190 - Aggregating surplus property.

Except (1) where the cost of administering, storing and transporting the property to a central public sale exceeds the fair market value of the property, or (2) when an emergency is declared by the board, the board shall consolidate and aggregate all personal property for disposal as described in MCC 3.40.220, on the quarter-year or as often as is practicable. The aggregate value of the property to be disposed of shall determine the method of disposition under this chapter as being the most advantageous to the county.

(Ord. 84-04 Exh. A (part), 2004)

3.40.200 - Sales procedures.

If the board determines that a sale of the county surplus personal property with a value of five thousand dollars or greater is most advantageous to the county, the board shall then follow the procedures and provisions set forth below.

(1)

The board shall solely advertise the sale of personal property for sale with an estimated fair market value of five thousand dollars or more.

(2)

The board may sell such property at public sale, following publication of notice of sale in the official newspaper of the county at least once a week for two consecutive weeks. The last notice must appear not less than five calendar days prior to the sale date.

(3)

Where the board has found an emergency to exit, such reasonable notice as is commensurate with the fact of the emergency shall be given for the purpose of providing the public with knowledge of the sale and to establish value. Such notice may include notification of appropriate segments of the press and telephonic communication with a potential purchaser.

(4)

No notice shall be required for sale to a governmental agency.

(Ord. 84-04 Exh. A (part), 2004)

3.40.210 - Award to highest bidder—Exceptions.

All sales of county surplus personal property shall be made to the highest responsible bidder at public sale, with the following exceptions:

(1)

The board may dispose of or lease county surplus personal property with a value of five thousand dollars or more to another governmental agency and may acquire property for the county from another governmental agency by negotiations, upon such terms as may be agreed upon and for such consideration as may be deemed by the board as adequate compensation in compliance with RCW 43.09.210;

(2)

The board finds an emergency to exist, as defined within this chapter;

(3)

The board may trade in personal property belonging to the county when purchasing replacement property, when such purpose is made on award following advertised call for sealed bids or pursuant to other lawful regulation.

(A)

On any call for sealed bids wherein in the county has elected to trade in property, a notice shall be included in the call for bids that the county has for sale or trade in property of a specified type, description and quantity which will be sold or traded in on the same day and hour that the bids will be opened on the property to be purchased.

(B)

Any person may bid for the purchase of such trade-in property and any supplier may include within its offer to supply an offer to accept the designated county trade-in property by setting forth in the bid the amount of such allowance.

(C)

In determining the lowest and best bid, the county shall consider the net cost to the county after trade-in allowances have been deducted.

(D)

The county may accept the bid of any bidder without trade in of the county property, but may not require any such bidder to purchase the county property without awarding the bidder the purchase contract.

(E)

Anyone may make an offer for the purchase of the used equipment on a bid of the new equipment and the county shall consider such offers in relation to the trade-in allowances offered to determine the best sale and purchase combination for the county.

(Ord. 84-04 Exh. A (part), 2004)

3.40.220 - Bid rejection.

The board may, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the county property from sale.

(Ord. 84-04 Exh. A (part), 2004)

3.40.230 - No minimum bids—Negotiated sales.

Where there is no bid within the advertised terms for the advertised minimum value on the property, the county may withdraw the property from sale and thereafter negotiate the sale of the withdrawn property, provided:

(1)

The negotiated price is higher than the highest rejected bid;

(2)

That the public has two weeks' notice by at least one advertisement in the official newspaper of the county; and

(3)

That the public has an opportunity to compete for purchase by offer of more favorable price on the terms negotiated.

(Ord. 84-04 Exh. A (part), 2004)

3.40.240 - Payment methods.

Sales of personal property must be paid in cash, certified check or cashier's check prior to county release of sold properties.

(1)

Failure to comply with the terms of sale by a purchaser will result in forfeiture of any and all monies paid.

(2)

In no case shall property title be transferred by the county until the purchase price for such property has been fully paid to the county.

(3)

The county treasurer is authorized to establish such funds and accounts as may be necessary to deposit personal property sales and proceeds until final disposition of the property.

(4)

The county shall deposit personal property sales proceeds with a value of five thousand dollars or more to the fund from which the original price was paid.

(5)

The sale proceeds and appropriate documentation shall be provided to the Mason County treasurer's office no later than five business days.

(Ord. 84-04 Exh. A (part), 2004)

3.40.250 - Purchaser information.

The name and mailing address of each purchaser or recipient, and the particulars of the sale or transfer in accordance with RCW 36.32.210, shall be promptly transmitted to the board as a record of such sale.

(Ord. 84-04 Exh. A (part), 2004)