Adopted: March 28, 2007
1. Statement of policy and purpose
The New York State Archives Partnership Trust is a body corporate and politic, constituting a public benefit corporation, established by the New York State Archives Partnership Trust Act, chapter 758 of the Laws of 1992 (as amended) of the State of New York. These property disposal guidelines are adopted pursuant to the provisions of Sections 2895 through 2897 of the Public Authorities Law and shall be reviewed and approved by the Trust Board, with any necessary modifications and revisions, at least annually. These Guidelines shall be filed annually with all local and state agencies as required under all applicable law.
2. Definitions
For the purposes of these Guidelines, the following terms shall have the following meanings unless the context shall clearly indicate otherwise:
A. Trust shall mean the New York State Archives Partnership Trust.
B. Board shall mean the members of the Board of the New York State Archives Partnership Trust.
C. Contracting Officer shall mean the officer, employee, or agent of the Trust who shall be designated by the Board pursuant to Section 4 below to be responsible for the disposition of property.
D. Dispose or Disposal shall mean transfer of title or any other beneficial interest in personal or real property in accordance with Section 2897 of the Public Authorities Law.
E. Property shall mean personal property in excess of five thousand dollars in value, real property, and any inchoate or other interest in such property, to the extent that such interest may be conveyed to another person for any purpose, excluding an interest securing a loan or other financial obligation of another party.
3. Duties of Contracting Officer
The Contracting Officer shall supervise and direct the disposition of all real and personal property of the Trust in accordance with these Guidelines.
4. Designation of Contracting Officer
The Board hereby designates the Chief Executive Officer of the Trust to be the Trust’s Contracting Officer.
5. Application of Guidelines
The procedures outlined in these Guidelines shall apply to the Trust’s disposal from time to time of all personal property having a fair market value at the time of disposal of more than five thousand dollars ($5,000) and all interests in real property.
6. Trust Duties
The Trust shall:
A. maintain adequate inventory controls and accountability systems for all property under its control;
B. periodically inventory such property to determine which property shall be disposed of;
C. produce a written report of such property in accordance with Section 7 of these Guidelines; and
D. transfer or dispose of such property as promptly and practicably as possible in accordance with Section 8 of these Guidelines.
7. Reporting
A. A copy of these Guidelines, as most recently reviewed and approved, shall be filed on or before the 31st day of March each year with the State Comptroller, and shall include the name of the Contracting Officer. At the time of such filing, the Trust shall also post such Guidelines on its internet website. Guidelines posted on the Trust’s internet website shall be maintained on such website at least until the Guidelines for the following year are posted on such website.
B. The Trust shall publish, not less frequently than annually, a report listing all real property of the Trust. Such report shall consist of a list and full description of all real and personal property disposed of during such period. The report shall contain the price received by the Trust and the name of the purchaser for all such property sold by the Trust during such period; and deliver copies of such report to the State Comptroller, the director of the Division of the Budget (DOB), the commissioner of the Office of General Services (OGS), and the state legislature.
8. Transfer or Disposition of Property
A. Supervision and Direction. Except as otherwise provided herein, the duly appointed Contracting Officer shall have supervision and direction over the disposition and sale of property of the Trust. The Trust shall have the right to dispose of its property for any valid corporate purpose.
B. Custody and Control. The custody and control of Trust property, pending its disposition, and the disposal of such property, shall be performed by the Contracting Officer or by the Commissioner of OGS when so authorized under this section. The Contracting Officer may also transfer custody of such property to the New York State Archives or New York State Education Department as may be necessary or convenient to effectuate the disposition of such property in an efficient and orderly manner.
C. Method of Disposition. Unless otherwise permitted, the Trust shall dispose of property for not less than its fair market value by sale, exchange, or transfer, for cash, credit, or other property, with or without warranty, and upon such other terms and conditions as the Trust and/or Contracting Officer deems proper. The Trust may execute such documents for the transfer of title or other interest in property and take such other action as it deems necessary or proper to dispose of such property under the provisions of this section. Provided, however, except in compliance with all applicable law, no disposition of real property, any interest in real property, or any other property which because of its unique nature is not subject to fair market pricing shall be made unless an appraisal of the value of such property has been made by an independent appraiser and included in the record of the transaction.
D. Sales by the Commissioner of the Office of General Services (the “Commissioner”). When the Trust shall have deemed that transfer of property by the Commissioner will be advantageous to the State of New York, the Trust may enter into an agreement with the Commissioner of the Office of General Services pursuant to which Commissioner may dispose of property of the Trust under terms and conditions agreed to by the Trust and the Commissioner. In disposing of any such property, the Commissioner shall be bound by the terms hereof and references to the Contracting Officer shall be deemed to refer to such Commissioner.
E. Validity of Deed, Bill of Sale, Lease, or Other Instrument. A deed, bill of sale, lease, or other instrument executed by or on behalf of the Trust, purporting to transfer title or any other interest in property of the Trust in accordance herewith shall be conclusive evidence of compliance with the provisions of these guidelines and all applicable law insofar as concerns title or other interest of any bona fide grantee or transferee who has given valuable consideration for such title or other interest and has not received actual or constructive notice of lack of such compliance prior to the closing.
F. Bids for Disposal; Advertising; Procedure; Disposal by Negotiation; Explanatory Statement.
- Except as permitted by all applicable law, all disposals or contracts for disposal of property made or authorized by the Trust shall be made after publicly advertising for bids except as provided in subsection (3) of this Section 8F
- Whenever public advertising for bids is required under subsection 1 of this Section 8F:
a. the advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property proposed for disposition;
b. all bids shall be publicly disclosed at the time and place stated in the advertisement; and
c. the award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Trust, price and other factors considered; provided, that all bids may be rejected at the Trust’s discretion.
3. Disposals and contracts for disposal of property may be negotiated or made by public auction without regard to subsections 1 and 2 of this Section F but subject to obtaining such competition as is feasible under the circumstances, if:
a. the personal property involved is of a nature and quantity which, if disposed of under subsections 1 and 2 of this Section F, would adversely affect the state or local market for such property, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation;
b. the fair market value of the property does not exceed fifteen thousand dollars;
c. bid prices after advertising therefore are not reasonable, either as to all or some part of the property, or have not been independently arrived at in open competition;
d. the disposal will be to the state or any political subdivision, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation;
e. the disposal is for an amount less than the estimated fair market value of the property, the terms of such disposal are obtained by public auction or negotiation, the disposal of the property is intended to further the public health, safety or welfare or an economic development interest of the Trust, the state or a political subdivision (to include but not limited to, the prevention or remediation of a substantial threat to public health or safety, the creation or retention of a substantial number of job opportunities, or the creation or retention of a substantial source of revenues, or where the authority’s enabling legislation permits), the purpose and the terms of such disposal are documented in writing and approved by resolution of the board of the Trust; or
f. such action is otherwise authorized by law.
4. a. An explanatory statement shall be prepared of the circumstances of each disposal by negotiation of:
(i) any personal property which has an estimated fair market value in excess of fifteen thousand dollars;
(ii) any real property that has an estimated fair market value in excess of one hundred thousand dollars, except that any real property disposed of by lease or exchange shall only be subject to clauses (3) through (5) of this subparagraph;
(iii) any real property disposed of by lease for a term of five years or less, if the estimated fair annual rent is in excess of one hundred thousand dollars for any of such years;
(iv) any real property disposed of by lease for a term of more than five years, if the total estimated rent over the term of the lease is in excess of one hundred thousand dollars; or
(v) any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property.
b Each such statement shall be transmitted to the persons entitled to receive copies of the report required under all applicable law not less than ninety (90) days in advance of such disposal, and a copy thereof shall be preserved in the files of the Trust making such disposal.
