2001-080RESOLUTION NO. 2001R-80
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING
CERTAIN CITY EMPLOYEES TO ACT AS
REPRESENTATIVES OF THE CITY FOR THE
ACQUISITION OF FEDERAL SURPLUS
PERSONAL PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS
PROPERTY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS RELATING THERETO.
WHEREAS, Public Law 94-519 enacted on October 17, 1976,
amended the Federal Property and Administrative Services Act of
1949 (P.L. 81-152) to permit the donation of federal surplus
personal property, through a designated State agency, to any
public agency for one or more public purposes; and
WHEREAS, to be eligible to acquire said surplus
property on and after October 17, 1977, donee agencies must have
an approved application on file with the State Agency for Surplus
Property and, by resolution, designate City representatives for
the acquisition of such surplus property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim, and hereby ordered, that the officials
and/or employees whose names, titles, and signatures are listed
below shall be, and are hereby, authorized as representatives of
the City of Anaheim to acquire federal surplus property under the
terms and conditions listed on Exhibit "A" attached hereto and
incorporated herein by this reference:
NAME TITLE
Carole A. Ayuso
Purchasing Agent
Roger A. Baker
Chief of Police
Robert G. Berg Emergency Services
Coordinator
Jeffrey R. Bowman Fire Chief ~ ~~-~
Darryl Meekhof Fleet/Facility Manager ~ ~~~_
BE IT FURTHER RESOLVED that the City Manager be, ahd
hereby, authorized and directed to execute all necessary
documents, forms and applications which may be required by the
State Agency for Surplus Property for eligibility pursuant to
Public Law 94-519.
SIG URE
is
THE FOREGOING RESOLU%?I':i~.~',[ is approved and adopted by the
City Council of the Ci%y of ~g!aheim this 17th day of April,
2001.
ATTEST:
OF THE CITY OF .~MNAHEZM
11!81.2 2
EXHIBIT "^"
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(t) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of
1954; within the meaning of Section 2080) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations
of the Administrator of General Services,
(2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given
tpolitical area one or more public purposes or if a nonprofit tax-exempt institution or organization the ro rt ~s needed
oy the recipien, t for educational or publi'c h~alth purposes, includin~ research f-r A.._~_ , ~p pe y ' r ,,for an.d will be used
s t, ~ut:n puroose, or tor programs tor omer individuals. The
property is not being acquired for any other use or purpose, or for sale or other distribution; o~ for permanent use outside the state, except with
prior approval of the state agency,
(:3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of cur lus rsonal ro
Title VI of the Civil Rights Act of 1964 Titl- V~ ¢ ......... ~ .. ....... P pe p perry issued under
~ , ~ ., o~-~L,u, ut~, o~ the eeaera~ t~roperty and Administrative Services Act of 1949, as amended.
Section 504 of the Rehabilitation Act of 1975, as amended, Title IX of the Education Amendments of 1972, as amended and Section (108 of the
Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in
use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so placed in use, or
continued in use the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state agency, or
otherwise make ~he property available for transfer or other disposal by the state agency, provided the property is still usable as determined by
the state agency,
(2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon,
(3) In the event the property is not so used or handled as required by (B)(1) and (2), title and right to the possession of such property shall at
the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its
designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH
A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRA1;T:
(1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s).
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a
period of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state
agency designates a further period of restriction.
(3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (B)(1) and (2) have expired then title and
right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such
property to such person as the state agency shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above
remain in effect, the donee shall not sell, trade, lease lend, bail, cannibalize encumber, or otherwise dispose of such property, or remove it
permanently, for use outside the state without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale,
trade, lease, loan, bailment encumbr'ance or other disposal of the property when such action is authorized by GSA or by the state agency,
shall be remitted promptly by the donee t~ GSA or the state agency, as the c~se may be.
(2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of
by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect,
without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state
agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such
disposal, as determined by GSA or the state agency.
(3) If at any time,,.from the date it receives the property through the period(s) of time the conditions im sed b (B and · ·
an of the ro eft u po y ) (C) remain m effect
. Y,, p., p . ~ .s,ted .hereon is no lon, ge, r s. uitab!e., usable, or. further needed by the donee for the ur se s' for which .
snau promptly noury me state alzencv ana snail as ,";~-~--~ k.. ,-~. ........... p. po ( ) acquired, the donee
....... ~.,~u t.,y the :~tate agency, return the property to the state a eric relea
_another donee or another state agency or a denartment or a ....... ~: ~.~ gt~,.~a ~ ..... ,, ... , .. ~ _y, se the property to
, - r' 8 .... Y ..... ,~ ,.¢n~twu orates, sell, or omerwise clispose ot the property. The proceeds
from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent
matters as may be required from time to time by the state agency.
(5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions
pertinent thereto in (D) by payment of an amount as determined by the state agency,
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or dama e to donated
property with unexpired terms, conditions, reservation~ or restr;,,~; ........... k ......... , .......... g
........ a ,.a.~t~, tnt: ~tatt.' agency WlU De enuue(] to reimOursement I~rom the donee
out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH)
HAVING AN ACQUISITION COST OF $$,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed
by the authorized donee representative.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-80 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 17th day of April, 2001, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CI~:y'CLERI~ OF THE CITY OF ANAHEIM
(SEAL)