1982-357RESOLUTION NO. 82R -357
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 SIGN
Marcia Fleet Emergency Service
Coordinator
Diane Hughart Purchasing Age
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 RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 6th day July,
1982.
MAYOR OF THE CIT7 OF ANAHEIM
ATTEST:
CITY )CLERK OF THE- 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. 82R -357 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of July, 1982, 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. 82R -357 on the 6th day of July, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of July, 1982.
C 2 L � 4.) A Zo ( � Y�
CITY CL RK OF THE CITY 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 -357 duly passed and
adopted by the Anaheim City Council on July 6, 1982.
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TERMS AND CONWTIONS
(/J TIIE DONEE CERTIFIES TIiAT:
a (1) It is a public arcney; or a nonprofit educational of public health institution or organization, exempt from taxation under Section 501
of Cite Internal Revenue Code of 1954; wititin the meaning of Sectiun 2030) of lire Federal Property and Administrative Services Act of 1940,
as amended, and the regulations of lire Administrator of General Services.
(2) If a public agency, the properly Is receded and will be used by the recipient for carrying out or promoting rot the resident, of a given
political arcs one or more public purposes, or, if a nonprofit tax - exempt institution or organization, the property i% needed rut and will be used
by the recipient for educational of public health purposes, and including research for such purpose. The properly is not being acquired for any
Nlher use or purpose, or for salt or otlset distribution; or for permanent use outside the state, "cyt with prior approval of the state agency.
(3) Funds an avaiksbia to tray all cos5 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 or 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(%) rut 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 the donee's cx(ecnw, return such property to the state agency, or
otherwise make the property available for transfer or othei disposal by the state agency, provided the property is still usable as determined by
Uw 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 sttch 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 stall direct.
(C) TIIE DONEE AGRI:FS TO TIIE, FOLLOWING CONDITIONS IMPOSED BY 1'lIG STATE AGENCY, APPLICABLE 10 11 EKIS WI A
UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LLNGTII AND AIRCRAFT:
(1) The properly shall be used only for the purpose(s) for which acquired and for no other purpose(s).
(2) There shall be a periled of restriction which will expire after such property has been used for the purpose(s) for which acquired for a
period or 18 months from the date tire 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 (CAD and (2) and federal restrictions (0)(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 stale agency shall direct.
(D) THE DONEE AGREES TO TIIE• FOLLOWING PERMS, RESERVATiONS, AND RESTRICTIONS:
(1) Front the —'at, it receives the property lisle hcrcon and through the criod(s) of time the conditions imposed by (Il) slid (C) above
remain in effect, the donee shall not sell, trade, lcasc, lend, biil, cannibalize, Number, or othcrwi,c dispose of such property, or remove it
permanently, for use outside the state, without the print 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 Stich action is authorized by GSA or by the state agency,
dull be remitted promptly by tire donee to GSA or the state agency, as the case may be.
(2) In • the event any of tire property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or othcraise disposed
of by the donee from the date Il receives tite properly through the period(s) of time the conditions imposed by (It) and (C) remain in effect,
without the prior approval of GSA or the %talc 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 proceed, of Cite disposal or the fair market value or the fair rental value of cite property at the time of such
d as determined by GSA or the state'agency.
(3) If at any time. from the date it receives the property through the periodto of time the cnnditionx unposed by (B) and 10 remain in
effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee lug the purpo-tc(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 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 report, to lire state agency on the use, condition, and location of the fisted hereon, and on other
pertinent matters as may be required from time to time by the state agency.
(5) At lire option of the state agency, fire donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions
-- °- rUnent thereto in (D) by payment of an amount as determined by the state agency.
TiIE DONEE AGREES TO TIIL•• FOLLOWING CONDITIONS, APPLICABLE 1'O ALL ITEMS 01- PROPERTY LISTED HEREON:
(13 The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kited.
(2) Where i dunce carries insurance again-.t damages to or loss of property due to fire or other hazards and where loss or or damage to
donated property with unexpired terms, condition%. reservations, or restrictions occurs, the state agency will be entitled to rcintbursentcnt from
the donee out of the insurance proceeds, of an amount equal to the unarnortized portion of the fair value of the damaged or destroyed donated
items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONA110N OF AIKCRAI T AND %'I :SSI :LS (50 FEET Olt MORE IN LENGTH)
HAVING AN ACQUISITION COST OF $3,000 OR MORE, RIG 1RDLESS 01: TI 11'. PURI'USI: FOR 11'111C11 ACQUIRLD:
The donation stall be subject to the terms, conditions. reservations, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
art (76.73] DE 10780 7.77 7,500