83R-041
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RESOLUTION NO. 83R-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 repre-
sentatives 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
Robert G. Berg
Emergency Services
Coordinator
Purchasing Agent
Diane Hughart
BE IT FURTHER RESOLVED that the City Manage, e, 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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of
February 1983.
ATTEST:
@ liYR~ ANAHEIM
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TERMS AND CO~DITIONS
h\) THl DONEE CERTIFIES THAT:
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(I) II is a public a/(encv; or a nonprofit educational or public health institution or organlzallon, e~empt from taxation under Section 501
of the Inlnnal Revenue Code of 1954. within the meanm!! of SectIOn 203(.]) of the Federal Property and Administrative ServIces Act of 194~,
as al1l~lIdl'd. and the regulations of the AdminIstrator of General Services.
(2) If a publK agency. the property is needed and will be used by the recipient for carrYing out or promoting for the residents of a given
polllKal area one or more publiL purposes. or, 11 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 Induding research for such purpme. The property IS not being acquired for any
other U'<C or purpose. or for sale or other dlSlTlbulIOn; or for permanent use outside the state, except with prior approval of the state agency
t 3) Funds are available to pay all costs and charges incident to donation.
(41 This transaction shall be subject to the nondiscnmmation regulallons governinll thc donalJon of surplus personal property issued
nder Tille VI of the Civil RI!!hts Act of 1964, Title VI, Section 606, of the Federal Property and Administrative ServlCf's Act of 1949, as
amended. SectIOn 504 of the RehabllitalJon Act of 1973. as amended, and SectJOn 303 of thc A!,(e DIscrllnmatlOn Act of 1975.
(8) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS.
(I) All items of property shall be placed in use for the purpo~(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 nollfy the state a!!ency and, at the donee's expense, return such property to the state agency, or
otherw1'" make the property available for transfer or other dispo<;ai by the state agency, provIded the property IS still usable as determined by
the sta te a~ency.
(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 requited by (B)( 1) and (2), title and nght to the possession of such property
shJII 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
GS.'\ or lis designee shall dlTect.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPUCABLE TO ITEMS WITH A
UNIT AC<)UISITION COST OF $3,OUO OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST.
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAfT:
(I) The property shall be used only for the purpose( s) for which acquITed and for no other purpose( 51.
(2) There shall be a penod of restriction which will expire after such property has been used for the purpose(s) for which acquued for a
period of 18 months Irom 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 penod of restnctlOn.
(3) In the event the property is not so used as requITed by (Cj( II and (2) and federal rest.Tictions (B)( I) and (2) have eXplfed 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 shaH dltect.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS. RESERVATIONS, AND RESTRICTIONS:
(I) From the date it receives the property listed hereon and throu!Zh the period(s) of time the conditions imposed by (B) and (C) above
rem3!n In effect, the donee shall not sell, trade, lease, lend, bail, canmhallze, encumber, or otherwise dispose of such property, or remove it
permanently, for use outside the state. without the prior approval ofGSA under (B) or the state agency under (C>. The proceeds from any sale,
trade. lease, loan. bailme.nt, encumbrance. or other disposal of the property, when such aU,oll j, authoTlzed by GSA or by the state agency,
shall be remitted promptly by the donee to GSA or the state a/lency, as the C3se may be.
(2) In the event any of the property listed hereon is sold. traded. leased, 10:lnrd, bailed. cannibalizl"d, encumbered, or otherWIse disposed
of by the donee from the date it rrcerves the property throu/(h the penod( s) of lime tht" conditions imposed by (B) and (C) remain in effect.
without the pnor approval of GSA or the state a/lency, 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 G~A or the sUte a!!cncy.
(3} If at any time, from the date it receives the property throuj!h the period/s) of time the conditions <<mposed by (8) and (C) remain in
effect. any of the prope.ty listed hereon is no longer su!table, u>ilble. or further nf'eded by the donee for the purpose(s) for which acquired, the
donee shall promptly notify the state aj!ency, and shalL as directed hy th~ stale aj!cncy, 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 shan be remitted promptly by the donee to the state agency.
(.of) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon. and on other
pertinen~ matters as may be required from time to time by the state agency.
(5) At the option of the state agency, the donee may abrogale the conditions set forth in (C) and the terms, reservations, and restrictions
pertine!'\! thereto in (D) by payment of an amount as determined by the state agency.
,A) THE DONEE AGREES TO THE FOllOWING CONDITIONS. APPUCABlE TO ALL ITEMS OF PROPERTY USTED 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 damajl;es to or loss of property due to fire or other hazards and where loss of or damaae to
donated property with unexpired terms, conditions, reservations, or restrictions OCCUI1, the state agency will be entitled to reimbursement from
the r;lonee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or desuoyed donated ("
items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORE IN LENGTH)
HA VING AN ACQUISITION COST OF S3,ooO OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, relerYltJons, and restrictions let forth in the Conditional Transfer Document
executed by the authorized donee representative.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Cl~rk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-4l was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on ~\
the 8th day of February, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-4l on the 8th day of February, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of February, 1983.
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CITY CL RK OF THE CIT OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the origin~l of Resolution No. 83R-4l duly passed and adopted
by the Anaheim City Council on February 8, 1983.
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CI Y CLERK
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