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(1) Purpose--Rules of Construction.

(a) Interpretation. This chapter shall be liberally construed and applied to promote its underlying purposes.

(b) Purposes. To provide for the timely, effective, and efficient disposal of surplus supplies while ensuring a disposal system of quality and integrity which generates, to the fullest extent practicable, the maximum value to the public and which engenders public confidence in the disposal system.

(c) Third Party Rights. This ordinance is not intended to create any right or cause of action to any third party and is intended to be utilized as an internal disposal policy to be followed by county officials and employees.

(d) Severability. In the event any section or sections of this ordinance are determined by a court of competent jurisdiction to be contrary to law or public policy or unconstitutional, said determination shall be confined to said section or sections and shall not affect any other provision of this ordinance.

(e) Effect of State or Federal Assistance Requirements. In the event state or federal requirements pertaining to disposal of items purchased in whole or in part with state or federal funds conflict with the provisions of this chapter, nothing in this chapter shall prevent the county from complying with the terms and conditions of the state or federal assistance requirements.

(2) Definitions. Unless the context clearly requires otherwise, the words defined in this section shall have the meanings set forth below whenever they appear in this chapter.

(a) “Disposal System” means the process, procedures, steps, and policies which comprise and define the Counties practices in the disposal of surplus supplies.

(b) “Supplies” unless otherwise specified means all property, including but not limited to equipment (a complete item or tool), parts (components of equipment), materials (non-consumable resources), and consumable resources but excluding buildings and land.

(c) “Surplus supplies” means supplies having a remaining useful life but which are no longer required by the using department in possession of the supplies, obsolete supplies, scrap materials, and nonexpendable supplies that have completed their useful life cycle.

(3) Method of Disposal. The disposal of surplus supplies belonging to the County shall be done in accordance with the method determined to be most advantageous to the County and its citizens, including, but not limited to, trade-ins, sealed bids, auction, listing, advertisement, rummage sale, transfer to another unit of government, transfer between County departments or divisions, scrapping of items with no residual value, or recycling.

(4) Authority to Dispose of Surplus Supplies.

(a) The County Board shall authorize by resolution the disposal of an individual item with an estimated residual value of $10,000 or more.

(b) The Finance and Administration Committee of the Kenosha County Board of Supervisors shall be delegated the authority to authorize the disposal of an individual item with an estimated residual value exceeding $5,000 but not exceeding $10,000.

(c) The County Executive, or the County Executive’s designee, shall be authorized to dispose of an individual item with an estimated residual value of up to $5,000.

(d) Trade-ins performed in conjunction with the procurement process shall be authorized.

(e) The Sheriff shall be authorized to dispose of any individual item acquired wholly through the use of federal forfeiture funds. Receipts from the disposal of said items shall be deposited within the account or fund containing the federal forfeiture funds.

(f) The transfer within the County of the surplus supplies of a using department shall be authorized by the Department of Administration.

(g) If the final sale price at auction or sale of the surplus supplies exceeds the estimated residual value, the County Executive, or the County Executive’s designee, shall be authorized to take steps necessary to complete the sale and dispose of the item. (11/12/15)

(5) Restriction on Employees. No employee of the county shall be entitled to purchase any such surplus supplies, except by public auction or competitive sealed bidding or in the case of a rummage sale until after the public at large has been given an amount of time equal to one-half of the first day of the rummage sale.

(6) Intent. All previous ordinances and resolutions dealing with the disposal of surplus supplies are hereby superseded. [Code § 3.625, 2018.]