Sec. 122.812. - Surplus, obsolete and waste supplies and other tangible personal property.

(a) It is the policy of the City to sell or otherwise dispose of the City's tangible personal property for fair market value, unless the public interests support disposing such property for some other public purpose. (b) The Director of Procurement shall periodically prepare reports declaring stocks of supplies and other tangible personal property which are no longer used or which have become obsolete, wornout or scrapped, (surplus property) and using agencies shall be required to furnish such information for this purpose as the Director of Procurement may require. The Director of Procurement shall have authority to sell, under the authority of Section 122.811 , supplies and other tangible personal property which have been declared surplus by the using agencies, except that the Duval County School Board may sell or otherwise dispose of tangible personal property which is surplus, obsolete or waste supplies with a resale value estimated to be under $100 without utilizing the Procurement Department. Surplus property shall not be disposed of unless certified by the Director of Procurement to be obsolete, wornout or scrapped. (c) The disposition of tangible personal property for other than fair market value, or not in accordance with the procedures of the Director of Procurement shall require a public purpose, Council approval and the certification by the Director of Procurement that the property is obsolete, wornout or scrapped. All ordinances disposing of surplus tangible personal property shall include, at a minimum: (1) A clear statement of the use to which the property will be put and the public purpose to be achieved by the directed disposition of the property; (2) Designation of an appropriate City department or agency to monitor the actual use of the property and achievement of the stated public purpose after the transfer of the property; and (3) A reverter clause requiring the property to be returned to the City should the surplus property be put to a use other than the stated public purpose for which it was conveyed. (d) The Mayor and Corporation Secretary are hereby authorized to execute a revocable permit between the City and Jacksonville Kennel Club, Inc. for temporary use by the City of the Club's paved parking area in order to allow persons attending City surplus property auctions to park therein, which permit shall include a provision for the City to defend and hold harmless the Jacksonville Kennel Club, Inc. from and against injury or damage to persons or property occasioned by the City's use of the paved parking area. (e) The Chief of Procurement is authorized to negotiate contracts with the State or any of its agencies and with local governmental bodies in Duval County and the contiguous counties so as to allow them to participate in surplus property auctions of the City; provided, that a contract shall incorporate the following minimum requirements: (1) A term not to exceed one year in duration. (2) Prompt payment to the City of an amount of money not less than the total of all costs, direct and indirect, of the City arising from or in connection with participation by the State or State agency or the local governmental body. (3) A provision that the State or State agency or the local governmental body shall indemnify, defend and hold the City harmless from and against all costs, damages and liabilities arising from or in connection with its participation. (4) Approval as to form by the Office of General Counsel and execution by the Mayor and Corporation Secretary. (f) The JEA is authorized, with the prior approval of the Chief of Procurement, to negotiate the sale of tangible personal property valued in excess of $5,000 under one of the following conditions: (1) Competitive bidding has resulted in no responsive bids or a high responsive bid less than 75 percent of the fair market value of the property. (2) The JEA has determined by resolution that the nature of the market is not conducive to competitive sale. (g) Notwithstanding the provisions of Section 122.812 (d), the JEA is authorized to sell, at a cost of replacement value, any equipment, supplies, material or other personal property of the JEA, unique to the electric utility industry, where, in the determination of the managing director or an associate managing director, all of the following conditions exist: (1) A request has been made by a customer or another electric utility for the sale of such personal property, and (2) There exists an emergency need for such property, and (3) Failure to receive the requisite part will result in disruption or curtailment of electrical service effecting an economic hardship on the requesting party, and (4) No reasonable alternative exists for the requesting party to acquire such property other than to purchase it from the JEA, and (5) Selling the property will not disrupt JEA operations or otherwise jeopardize the provision of electricity to its customers. (h) The Board of Library Trustees is authorized, with the prior approval of the Chief of Procurement, to: (1) Exchange with other established educational library systems those reading materials that are surplus for other reading materials which the Board deems necessary to enhance the free library services provided to the citizens of the City. (2) Donate withdrawn, duplicate or damaged reading materials to recognized worthy nonprofit charitable entities. (3) Establish written procedures to accomplish the purposes of this Section. (i) The Sheriff, with the approval of the Chief of Procurement, is authorized to donate to the Humane Society those horses and police dogs which are deemed no longer suitable for police work and are of no further use to the City; provided that such determination is based on: (1) Medical evaluations by at least two veterinarians, or (2) Training evaluations which indicate that the animal in question may pose a serious threat to an officer or the public. However, those dogs trained as police patrol dogs, because of their training, shall not be donated to the Humane Society but instead the Sheriff may donate the dog to a canine trainer/handler, or another appropriate governmental agency or have the dog put to sleep. (j) Notwithstanding any other provision of this Section, the City's Chief of Fleet Management is authorized to sell surplus automotive parts on behalf of the City to other fleets, retailers, or distributors upon: (1) Written certification by the Chief of Fleet Management that such sale is necessary and prudent for the City to achieve the highest value for the part(s); and (2) Written approval from the Director of Procurement. (k) The provisions of this Section shall apply to the independent agencies as well as to the City agencies, except where otherwise provided in this Section. (Ord. 68-81-64, § 13; Ord. 70-650-526; Ord. 71-397-181; Ord. 77-277-76, § 1; Ord. 80-860-441, § 1; Ord. 82-953-444, § 1; Ord. 82-1009-477, § 1; Ord. 83-94-43, § 1; Ord. 83-347-170, § 1; Ord. 83-591-400, § 1; Ord. 85-1327-691, § 1; Ord. 86-804-445, § 1; Ord. 87-727-362, § 1; Ord. 2004-1002-E, § 1; Ord. 2006-863-E, § 10; Ord. 2024-368-E , § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 130.212.