1977-654RESOLUTION NO. 77R- 654
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF A4AHEIM 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
TANAGER 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 acauire 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
acauire federal surplus property* from the California State
Agency for Surplus Property under the terms and conditions
listed on Exhibit "A" attached hereto and incorporated
herein by this reference:
NAME TITLE
Frank J. Madden, Jr. Emergency Services
Coordinator
Michael Michelle Purchasing Agent >j 4;
SIGNATURE
BE IT FURTHER RESOLVED that the City Manager be, and
is hereby, authorized and directed to execute all necessary
documents, forms, and applications which may be reaauired by
the State Agency for Surplus Property for eligibility pursuant
to Public Law 94 -519.
-1-
ThE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 4th day of
()rtrha 1977.
ATTLST
CITY CLERK OF hE CITY OF ANAHEIM
JLW: jh
MA
HE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -654 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of October, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 77R -654 on the 4th day of October, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of October, 1977.
(SEAL)
2uzspuoand
saoznaas £oua$aamj
CITY CLERK OF THE CI
OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -654 duly passed and adopted
by the Anaheim City Council on October 4, 1977.
CITY CLERK
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under Section 501
of the Internal Revenue Code of 1954; within the meaning of Section 203(j) 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
political area one or more public purposes, or, if a nonprofit tax- exempt institution or organization, the property is needed for and will be used
by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any
other use or purpose, or for sale or other distribution; or 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 surplus personal property issued
under Title VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as
amended, and Section 504 of the Rehabilitation Act of 1973, as amended.
(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 the 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 $3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(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 mat it receives the property liste(' 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, encumbrance, 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 to GSA or the state agency, as the case 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 imposed by (B) and (C) remain in
effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the
donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the
property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of 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 damage to
donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from
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 $3,000 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.
t1
EX H%8rr "A"
DE10780 7 -77 7,500