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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)