Res 2017-30 Policy for Surplus Equipment
RESOLUTION NO. 2017 - 30
RESOLUTION ADOPTING POLICY FOR TRANSFER, SALE, DISPOSAL OR
DONATION OF SURPLUS EQUIPMENT AND SURPLUS PROPERTY
WHEREAS, the City of Fridley (the “City”) is committed to managing surplus equipment and
surplus property in a fiscally responsible manner; and
WHEREAS, the City is committed to options to reduce harmful environmental impacts and has
philosophy of “reduce-reuse-recycle”; and
WHEREAS, the City has surplus equipment and surplus property that imposes upon the City
unnecessary storage burdens and expenses;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, to hereby
adopt the policy for transfer, sale, disposal or donation of surplus equipment and surplus property
set forth in Attachment 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
12 DAY OF JUNE, 2017.
______________________________
SCOTT J. LUND, MAYOR
ATTEST
________________________________
DEBRA A. SKOGEN, CITY CLERK
ATTACHMENT 1
City of Fridley
Policy for Transfer, Sale, Disposal or Donation of
Surplus Equipment and Surplus Property
Purpose
The City is committed to managing surplus property, such as used furniture and equipment, in a
manner that is fiscally responsible, allows for options to reduce harmful environmental impacts,
and promotes the City’s philosophy of reduce-reuse-recycle. This Policy establishes a procedure
for the sale or disposal of surplus equipment. This policy facilitates the removal of surplus
property, promotes alternative uses, and reduces the City’s storage burden. The Policy in in
accordance with Minnesota Statutes Sections 15.054, 412.211, 471.345, and 471.3459 and the
City Charter.
Scope
This Policy applies to all City departments that generate Surplus Equipment and governs the
actions of all City employees and officials.
Definitions
“City” means the City of Fridley, Minnesota.
“City Council” means the governing body of the City.
“Disclaimer of Warranties Form” means the form attached as Exhibit B which must be signed by
persons or entities acquiring the City’s Surplus Equipment or Surplus Property for uses other
than disposal or recycling.
“Donation” means to contribute, donate or give Surplus Equipment at no cost to a Nonprofit
Organization that serves a public purpose and benefits its community as a whole.
“Eligible Organization” means a Nonprofit Organization serving one or more of the following
functions: cultural, historical, educational, safety, social services, environmental or economic.
“Fair Market Value” means the price at which property would change hands between a willing
buyer and a willing seller, neither being under any compulsion to buy or to sell and both having
reasonable knowledge of all relevant facts.
“New Owner” means the person or entity acquiring the City’s Surplus Equipment or Surplus
Property, as the case may be.
“Nonprofit Organization” means an organization formed under Section 501(c)(3) of the Internal
Revenue Code.
“Surplus Equipment” means: (1) equipment used by the City’s public works department, and
cellular phones and emergency medical and firefighting equipment that is no longer needed by
the City because it does not meet industry standards for emergency medical services, police, or
fire departments or has minimal or no resale value as defined in Minn. Stat. § 471.3459 and is
eligible for Donation.
“Surplus Property” means equipment and personal property used by the City that is no longer
needed by the City and has minimal or no Fair Market Value.
“Surplus Equipment Form” means the form attached as Exhibit A to this Policy that must be
filled out by a Nonprofit Organization requesting a Donation of Surplus Equipment.
Procedure
The City shall identify and dispose of all Surplus Equipment and Surplus Property in
conformance with the following guidelines:
1.Identify Surplus Equipment. Department supervisors are responsible for monitoring their
equipment and shall identify and report all Surplus Equipment and Surplus Property to
the City Manager on an annual basis at a minimum.
2.Determine the Fair Market Value of Surplus Equipment and Surplus Property. The City
Manager shall work with City staff to determine the Fair Market Value of the Surplus
Equipment and Surplus Property.
3.Identify Surplus Equipment and Surplus Property Disposition Method. The City
Manager shall work with City staff to determine if Surplus Equipment and Surplus
Property should be transferred, sold, donated, disposed of, recycled or made available
free of charge.
4.Transfer. Prior to any disposition, all Surplus Equipment and Surplus Property must first
be considered for transfer in the following manners:
a)Trade in the property toward the purchase of new property
b)Transfer the property between departments for the benefit of the City
c)Transfer to another government entity through a state approved vendor or directly
5.Sale. If the Fair Market Value of the Surplus Equipment or Surplus Property is deemed
greater than the cost to dispose of it or recycle it, the City may use applicable sources to
allow for bidding and sale going to the highest bidder (e.g. public auction, eBay,
propertyroom.com). If applicable, the City will determine the appropriate length of time
an item may remain available for bidding based on the need to remove the equipment and
personal property from the premises.
6.Disposal. If the Fair Market Value of the Surplus Equipment or Surplus Property is
deemed less than the cost to dispose of it or recycle it, the City may solicit offers to
acquire at no cost to the entity wanting to take possession. The City shall post the
Surplus Equipment or Surplus Property as available on the City’s website. The City may
also use other reasonable means to notify the general public about the availability of this
Surplus Equipment or Surplus Property.
7.Donation. The City may, but is not obligated to, donate Surplus Equipment. Only
Surplus Equipment may be donated. Applicable department supervisors are responsible
for coordinating the Donation of the Surplus Equipment in accordance with the terms of
this Policy. Surplus Equipment that is not donated may be sold, recycled or discarded in
the discretion of the City Manager but consistent with this Policy.
8.City Council Declaration. The City Manager will forward a list of all Surplus Equipment
regardless of Fair Market Value and Surplus Property with an estimated Fair Market
Value of $25,000 or more to the City Council which shall approve or deny the
designation of the specific equipment or property as surplus and eligible for Donation or
disposal pursuant to Sections 6 and 7 and otherwise in accordance with this Policy.
9.Advertisement of Surplus Equipment for Donation. Surplus Equipment shall be posted as
available the City’s website. The City may also use other reasonable means to notify
Eligible Organizations about the availability of Surplus Equipment. The City shall wait at
least 30 days after advertising Surplus Equipment before approving any Donation.
10.Surplus Equipment Form. Eligible Organizations interested in Surplus Equipment shall
fill out a Surplus Equipment Form and submit the form to the City Manager.
11.Prioritization of Donations. If more than one Eligible Organizations requests a Donation
for the same Surplus Equipment, the City shall consider factors it deems relevant
including how the Surplus Equipment will be used, the benefit to the Eligible
Organization, the impact on the City, how the Donation will accomplish goals of the City
Council, and any previous Donation to the Eligible Organization.
12.Conflict of Interest. All City employees and officials are prohibited from taking
possession of any Surplus Equipment or Surplus Property for personal use or on behalf of
an Eligible Organization.
13.As Is. The exchange of Surplus Equipment and Surplus Property is made “as is” with no
warranty, guarantee or representation of any kind, express or implied, as to the condition,
utility, or usability of the Surplus Equipment and Surplus Property offered. The Surplus
Equipment and Surplus Property may be defective and cannot be relied up for safety
purposes. The New Owner shall sign the Disclaimer of Warranties Form prior to
acquiring Surplus Equipment and Surplus Property.
14.Title. The City Manager shall cause any title or other ownership documents to be
transferred to the New Owner at the time of transfer. Any fees required for the transfer
the Surplus Equipment and Surplus Property are the responsibility of the New Owner.
15.Transportation. The New Owner must provide a detailed plan for transporting the Surplus
Equipment and Surplus Property from the City. The New Owner must pay all expenses
associated with the removal and transportation of the Surplus Equipment and Surplus
Property.
16.Delegation. The City Manager may delegate specific responsibilities for implementing
this Policy.
17.Documentation. The City Manager shall document the disposition of all Surplus
Equipment and Surplus Property and shall keep such records in accordance with the
City’s Records Retention Schedule.
18.Review of Policy. The City Manager is responsible for maintaining and reviewing this
Policy. Any changes to this Policy must be approved by the City Council.
Exhibit A
City of Fridley
Donation of Surplus Equipment Form
Organization Name: ___________________________________________
Organization Address:
_______________________________________
_______________________________________
_______________________________________
Organization Website: __________________________________________
(Attach proof of status as a nonprofit corporation under Section 501(c)(3) of the Internal
Revenue Code.)
Organization Purpose: ___________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Point of Contact
Name: ___________________________________________
Address: __________________________________________
__________________________________________________
Email: ____________________________________________
Phone: ____________________________________________
City Surplus Equipment of Interest:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
How will the requested Surplus Equipment benefit your organization?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
How do you plan to remove and transport the Surplus Equipment from the City to your location?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Exhibit B
City of Fridley
Disclaimer of Warranties Form
Description of Surplus Equipment or Surplus Property being acquired:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
DISCLAIMER OF WARRANTIES. The City makes no agreement, warranty or representation,
either express or implied, as to the value, design, condition, merchantability or fitness for any
particular purpose or use of the Surplus Equipment or Surplus Property by the recipient or any
other user.
The recipient acknowledges that Surplus Equipment and Surplus Property have the meaning set
forth in the City’s Policy for Sale, Disposal or Donation of Surplus Equipment and Surplus
Property.
The recipient acknowledges the Surplus Equipment and Surplus Property may be defective and
that it cannot be relied upon for safety purposes. The recipient has a duty to inspect the Surplus
Equipment and Surplus Property before it is used for any purpose.
The recipient acknowledges that the City is not a manufacturer of the Surplus Equipment or
Surplus Property or a dealer therein; that the Surplus Equipment and Surplus Property are being
provided “as-is” and “with all faults,” it being agreed and understood that all of the
aforementioned risks are to be borne by the recipient or user of the Surplus Equipment and
Surplus Property.
In no event shall the City be liable for any damages in connection with or arising out of the
recipient’s or any other person’s or entity’s use of the Surplus Equipment and Surplus Property.
If applicable, I acknowledge that the Donation of any Surplus Equipment to my organization is
subject to the City’s Policy for Donation of Surplus Equipment to a Nonprofit Organization.
If applicable, I have authority to request a Donation from the City and to bind my organization to
the terms of this form.
Signature of Applicant _____________________________________
Date _____________________