78-073RESOLUTION N0. 78R-~~
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 per-
sonal 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 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 SIGNATURE
Frank J. Madden, Jr. Emergency Services ~~~~~ /)
Coordinator ~ y
Richard W. Jefferis Purchasing Agent ~~~~~~ ~~ -,~;~',.;,
/i,;
BE IT FURTHER RESOLVED that the City Manager be, and he
is hereby, authorized and directed to execute all necessary docu-
ments, 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 31st day o ary ,
1978. -~
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MA R O I O ANAHEIM
ATTEST:
CITY LERK OF THE CITY OF ANAHEIM
IN : fm
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. 78R-73 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 31st day of January, 1978, 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. 78R-73 on the 31st day of January, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 31st day of January, 1978,
• ~ ~-,
CITY CLARK OF THE C TY OF ANAHEIM
(SEAL)
I, LINDP.. D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 78R-73 duly passed and adopted
by the Anaheim City Council on January 31, 1978.
CITY CLERK `
~''i
TERMS AND CONDiTtONS
fin) rHE DoNI~E CERTIFIES TIIr1~T:
(fl It is a public agency; or a nonprofit edta.utianai or public heahlt institution or organization, exempt L•om taxation ender 5~~~~r,,>n ~t:l
of the Internal Revenue Code of 195x; within the meaning of Scc[ion 2030 of the Federal Property and Adr?~rinistrative Service, A~? ~i l'Ja~+
as amended, and the regulations of the .Administrator of C;enerai Services.
(2) It a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents ~ e cri.~c;a
political area one ar mare public purposes, or, if ,,nonprofit tax-exempt institution of organization, the property is needed far and v,rrt Em •.r=.d
by the reeipierrt for educational ar public 3teaith purposes, and including research. for such purpose. The prE~herty rs not berr,~, ace;~>.ir: f fl~~r ar~p
~,....., other use oa purpose, er far >aie or ether iii~xtnbntion; or for permanent use outside the slate, except with prior approval <,; the state ai.~res.
(31 Funds axe available to r?ay 311 cots and ~ barges ins ident to donation.
(41 This transaction shall he subject to the. nondiscrimination regulations gaverninf: the donation of surplus porsonal pn>pc ~+. iti •.u itt9
under Title ~7 of the Civil Rights Act of 19b4, Title V-, Section 606, of the Federal Property and .Administ!ative Services Act rat E'ra'?_ a,
amended, and SFCtion 504 of ehc Itehabilitatiun Act of 1973, as amended,
(.B) THE liONlili AGREL.S TO THIt FOLLOWING FlaGRr1L C'gNI)fT'IONS:
(1) All iteuts of property shall be placed in use fur the purpose(s) fur which acquired within one year of err.:~~ip; end shah be contr:r,r:.! ire
use for such purposeis) for one year tram the date the property was placed in use. In the event the property t; not sir placed ir: are r
continued in tale, ttte donee shall inunediatety notify the state agency and, at the donee's expense, return sucJt property to the stab aec,-.~..:~r
otherwise make the property available for transfer ar other disposal by the state agency, provided the property is still usable as drtcrrr.inr,i ~r;
the state agency.
12? Such specie! handling ar use. limitations us arc imposed by General Services Administration (GSA) c~m any itcna(s) o{~ t,r~,p err, ~i~~txt
hereon.
(3I In the event the pruper'iy is not so us:°d or handled as required by (B){1) and (2), title and right to the l~~ossessiun of :~.:-~: t,n~;~.~.~rs.y
shaft at the option :>f GSA revert t:~ the United States of ArncIlCa and upon demand the donee shall release such praperry tr~ su;1 1~~..,~,~. ~~
GSA or its designee shall direct.
(C) THG DONEE AGREES TO THE hOLT,OLt~'ING CONDITIONS IMPOSED SY 'IHI; S'CA'TE AGENCY, APPLICABLE TO I~1~E:w[S N'I'IH `.
UNIT ACQUISI-LION COST OF X3,000 OR MORE AND PASSENGER MO"TOR V1~IIICLT:S, RE(:~ARDLESS OI' AC!)UISt7IO*: C't;`, I .
EXCEPT VT,SSE1.~ 50 1'EF?T OR bIORE IN LENGTH AND AIRCRAFT':
t 1) The property shall be. u,cad t>nly far floe purpose(s) tux which acquiredand ibr no other purpose(s).
I2) There shall be a period of restriction which will cxpiaa after such property has been used for the purpose(s) fur whxh a~.G r~ ai !~:~ ;;
period of 18 ntuntlrs from the-~ date flit property is plac~.d in use, except for such items of ma}or equipment, listed hereon, on wlsi: ~ t}~~ .•. ,.
agency designates a further period uP restriction.
(3) In the event the property is not so used as requited by (C')II) and ~2) and federal restrictions (I3)('1) and (2) have exl?ir~r,d then t;'.[e
and right ur the possession e,f such prul~±erty shall at the option of the state agency revert to the State of California and the donee shall relc~usa.
such property to such person as the state agency shal4 direct.
(D) TI{I', llON~i. AGREES TO THE FOLLOWING TERMS, RESERV.ATION$, AND RT:STRICTIONS:
(!) From the date it reserves the property listed hereon and through the period(s) of tune the conditions imposed by IBI a,id tl~l abuv~~
remain in effect, the deuce steal! net soli, trade, lease, lend, bail, cannibalize, encumfrer, or otherwise dispose of such property, ~_~r rcm~~~~r ;t
permanently, for use outside the same, without tho prior approval of GSA under (B) or the state agency under (('}. The praraeds fron< any alr
trade, lease, loan, t+eilment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the stale age:rm.y,
shall be rernitte.~.l pra~~mptly by the; donee to GSA or the. state agency, as floe case may be.
(21 In the event any of the pr:>perty listed he-redo is sold, traded, leased, loaned, bailed, .annibalized, encumbered, or uther~a~is~~ •l~sl:~~~~~~:
of by the donee from the. date it receives the property through the period(s) of time the conditions imposed by (BI and !CI remain in ri'f~:ct,
Without the prior apt~rroval of GSA or the state agency, the donee, at the option of GS.A or the state agency, shall pay to GSA o. ~t~~. ;:a',e:
agency, as the case mar be, the proceeds of the disposal or the fair market value or the lair rental value of the property at thr tinu° ni such
disposal, as det:nnined by GSA ur the state agency.
(3} If at any tune, from fate date it receives the property through the period(s) of tinge the conditions unposed by (B) and fC'i remain s?~
effect, any of the property listed hereon is no longer suitable, usable, ar further needed by the donee for the purpose(s) for which ruqut:erd_ *'a,
donee shall p~rantptl~ notify the state agency, and shell, as directed by the. state agency, return the property to the state agency eiz~~_ty~ thr
property to another donee cr another shrte agency or a department or agency of the Uniled States, sell, or otherwise dispose of the pro,petty
The proceeds front any° sale shall he remitted promptly by the donee to the state agency.
(4) The d~;n;rc shall n~~ake reports br the stato agency an the use, condition, and location of the property listed hereon. artd ~u~ rarh~~t
pertinent rnau,ers as miry be required frond time to time by the state agency.
(51 At ttrc otttwrr of the state agency, the donee may ubragate~ the conditions set forth in (C) and the icons, reservations, and restn~u~.:r,~
pertinent rhereto ur fD) by payment ~:f an amount as determined try [hc state agency.
P~ fT.) -IH'E UONIii[ AGtlEI~S TO I'ilh: I~OLLOWtNG COND-'f[ONS. APPLICABLE. TO A1.1_ IT'GMS OF PROPF-t fY LISTED tILR.Lt )'e
Q t? The pr+>perty acquired h~~ thr donee is on an "as is," "w'here is" basis, without warranty ~rf any kind.
1,21 Wh:rr.~ n d~rnee carries i~rsurance ag.rinsi damages to ar loss of property due to fire or other hazards and where !ups ~~I or darn;~~~ au
donated property with unexpired term., ~ onditiuns, reservations, ur restrictions occurs, the state agency will be entitled to rF~nrtbure~er < ~~t fr:~r;,
the donee out of Ihr insurance prate-eds, cf' an amount equal to the irnamortized portion of the fair value of the damaged cr desVuyed ~iunea_=_f
items.
IF) TERMS AND C~~:)NDITkONS .1PPLICAIILT: TO THk: DONAh[ON OF AIRCRAF'T' ANll VESST;LS 150 FET:`C OR. MORI•- IN LENC~I}l;
HAVING AN ACQUISI"-~ION t'OST Ol~ $3,000 OR MORE,, REGARDLESS OF THE PIJRPUSE FOR GVIIIC'H AC(?UIRFI7:
Thc~ .dunatiorr shall be subject to the terms. conditions, reservations, and restrictions set forth in the Conditional Transfer Ili:~umen•
executed by the authorized donee raprese-ntative.
~~ F76-233 :a'=t078U ~-77 7 ~UU
r~.. Y. h t h s fi r~