1982-241RESOLUTION NO. 82R 41
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 representa-
tives 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
Lawrence G. Hutcheson
Diane Hughart
TITLE
Emergency Services
Coordinator
Purchasing Agent
SIGNAT
BE IT FURTHER RESOLVED that the City Manager be and
he is 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.
THE FOREGOING
the City Council of the
1982.
ATTEST:
RESOLUTION is approved and adopted by
City of Anaheim this 11th day of May,
MAYOR OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
WPH:vh
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. 82R -241 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of May, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
VACANCY: COUNCIL MEMBERS: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 82R -241 on the 11th day of May, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of May, 1982.
1 L � ) ' &
CITY CLERK OF THE CI F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 82R -241 duly passed and
adopted by the Anaheim City Council on May 11, 1982.
io
. s TERMS AND t'UNUfiIUNS ,
_ (&J TIIE DONEE CLRTIFIES TUAT:
(1) 11 is a public agency.. or a nonprofit educational or public 1►ealth institution or organization, exempt from taxation under Section 501
of lire Internal Revenue Code of 1954. within lire meaning of Section 2030) of Ute federal Propeftyand Administrative Services Act of 1949,
as amended, and the regulations of lire Administrator of General Services.
(2) If a public agency, the property is needed and will be used by the recipient for carrying out or promotinK rot the resident% of a given
political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization, the property it 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 rot Gala or other distribution. or for permanent use outside the state. except with prior approval of the state agency.
(3) Funds we available to pay all cosO sad charges incident to donation.
(4) This transactinn shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued
nder 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:
ti) All items of property shall be placed in use rot the purpose(:) for which acquired within one year of receipt and shall be continued in
use for such purpose(%) 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 file donee'$ expene. return such property to the state agency, or
otherwise make the property available for transfer or othet disposal by the state agency, provided the property is still usable as determined by
the stale 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 (11)(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 scull direct.
(C) THE DONEE AGREES TO TIIE FOLLOWING CONDITIONS IMPOSED BY 1'111: STATE AGENCY. APPLICABLE 1 II LAIS WITII A
UNIT ACQUISITION COST 01: $3.000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST.
EXCEPT VESSELS 50 FEET OR MORE IN LENGTII AND AIRCRAFT:
'(1) The property shall be used only for the purposes) 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 purposes) for which acquired for a
period of 18 months from the date the property is placed in use. except rot such items of major equipment, listed hereon, on which the state
agency designates a further period of restriction.
(3) In the event cite property is not so used as required by (C)(1) and (2) and federal restrictions (11)(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 TIIE FOLLOWING TERMS. RESERVATIONS, AND RESTRICTIONS:
(1) from the mat, it rcucrees the property lisle' hereon and through the crirrJ(s) of time the conditions itnlxosed by (11) and (C) above
remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize. umb,r, or othcrw•i %e dispose of such property. or remove it
permanently, for use outside the state, without the print approval of GSA under (0) or the slate 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,
%hall 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, cannibalimil, encumbered, or otherwise disposed
of by the donee from the date it receives cite property through the period(:) of time the conditions imposed by (11) and (C) remain in effect,
without the prior approval of GSA or lire state agency. the donee, at the option of GSA or floe 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 fait rental value of Use property at the time of such
disposal. as determined by GSA or the state agency.
(3) If at any time, from late date it receives the property through the periodw of time the condition 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 lot the purpose(,) for which acquired, the
donee shall promptly notify lite stale agency. and shall, as directed by the state agency, return the property to the state agency, release the
property to another donee of another state agency of a department or agency of the United States. sell, or otherwise dispose of the property.
The proceeds front any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make rclxort% to llte state agency on the use, condition, and location of the' property fisted 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.
"tea THE DONEE AGREES TO 1'lIL' FOLLOWING CONDITIONS. APPLICABLE 1 ALL ITEMS OI' 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 i dunce carries insurance apain%t daonaprs to or loss of property due to fare nt other hazards and where loss. of or damage to
donated property with unexpired terms, c onditinn %, 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 unamortiaed portion of the fair value of the damaged of destroyed donated
items. .
(F) TERMS AND CONDI - IONS APPLICABLE TO THE DONA110N 01: AlRC'RAI f AND VESSELS (50 FLET OR MORE IN LENGTIO
HAVING AN ACQUISITION COST 01: $3.000 OR MORE, RLG %RDLESS OF THE PURPOSE I:OR WHICH ACQUIRLD:
The donation shall be subjecl to the teams, conditionk reservations. and restrictions set forth in the Conditional Transfer Document
executed by the authorised donee representative.
"Exhibit A" F76.233 DE 10780 7.77 7,500