1981-377RESOLUTION NO. 81R- 377
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
TITLE
SIGNATURE
Frank J. Madden, Jr. Emergency Services __~~
Coordinator .!~ ~~-~'~ ,
_~~
John Thomason Purchasing Agent ~ ~-+~ =---+
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~thris 18th day of August
ATTEST:
YOR OF THE /CrTY OF ANAHEIM
T CLERK OF THE TY OF ANAHEIM
IN:jh
~~.
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. 81R-377 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of August, 1881, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 81R-377 on the 18th day of August, 1881.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of August, 1881.
CITY LERK 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 original of Resolution No. 81R-377 duly passed and
adopted by the Anaheim City Council on August 18, 1981.
~c?.~•
CITY CLERK
'(EIZMS AN U (.'UNUI I IUNS •-
(A) 'CITE UUNL;G CGR~I'IhIGS "I IIA'1
(1) It is a public a{:envy; or a nonprofit educational or public L.•,ilth institution or organization, exempt frum ta.~atiun under Section 501
of the Internal Revenue Code of 1954; within the meaning of Sectn,n 2U3(j) of the I~ederal Property and Administrative Services Act of 1949,
as amended, and the regulations of the Administrator of General Servnxs.
(2) If a public agency, the property is needed ;uul will be used by the recipient for r,+rrying out or pmnx)ling fur the residents of a gwen
political area one or more public purposes, or, it a nonprofit tax•exen+pt institution or organization, the property is needed fur and will be used
by the recipient for educational or public health purposes, and including research for-such purpose. 'I he property is not being acquired for any
other use or purpose, or fur sale or other distribution; or 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 surplus personal property issued
under Title VI of the Civil Rights Act of 1964, "Title VI, Section GOG, of the Federal Property and Administrative Services Act of 1949, as
amended, and Section 504 of the Rehabilitation Act of 1973, as antendcd.
(B) TI7C• UONBL' AGREL'S TO TIIG FULLUwING FEDERAL CONllITIONS:
(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 su placed in use, or
continued in use, the donee shall immediately notify the state agency and, ai the donec's expense, return such property to the slate agency, or
otherwise make the property available for transfer or other disposal by the Stale agency, provided the property is still usable as determined by
the slate 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 reyuired by (B)(I) and (2), title and tight to the possession of such property
shall at the option of C.SA 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) Tllli DONEL AGRI:I.S "CU 771F. I OLLOwING CUNDCIIONS IDIPOSI;D BY 'I III: S fA7l; AGENCY", APPLICnItLE TU I1 I:n1S \1'1'fll A
UNI"f ACQUfSI IION CUS~I' UI $3,0(10 OR b1URE AND PASSfiNGER t,tOTUK VL•'lI1CLES, REGARDLESS OF ACQUISI770N COS'T',
EXCEP'C VL'SSELS 50 FEET OIL ~10RB IN LENGTII ANU AIRCRAFT:
(1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s).
~ (2) There shalt be a period of restriction which will expire after such property has been used fur the purpose(s) for which acquired for a
period of 18 months born the date the property is placed in use, except for such items of otajor equipment, listed hereon, on which the state
agency designates a further period of restriction.
(3) In the event the property is not su used as n•quircd by (C)(1) and (2) and fcdcr+l restrictions (It)(I) and (2) have expired then hlle
and right to the possession of such property shall at the option of the state agency revert to the State of ('alifornia and the donee shall release
such properly to such person as Ute state agency shall direct.
(U) "I-FIE UONI•;E AGREES'1'U'1'lIE FOl.1.OWING "1'P,RAt$, R[•:SGRVA'CIONS, ANU RI':S hKIC°CIONS:
(l) From the :at. it rrccrves the property listc~' hereon and through the ~icriod(s) of time the amditians imposed by (BI and (C) shove
remain in effect, the doncc shall not sell, trade, Ieasc, Icnd, bail, cannibalize, umber, or otherwise dispose of such property, or remove it
pcrmancntly, for use outside the state, without the pour approval of GSA under-(lt) or the state agency under (C). hhc proceeds from any sac,
trade, Ieasc, loan, bailment, encumbrance, or other disposal of t(te property, when such action is authorized by GSA or by the state agency,
shall be remitted promptly by the dunce to GSA or the state agency, as the case rosy be.
(2) In the event any of the property listed hereon is sold, tr+dal, Icaseel, loaned, b;+ilcd, ~;nmibalized, encumbered, or otherwise disposed
of by the donne. from the date it receives the property through the period(s) of time the conditions imposed by (li) and (C) remain in effect,
witlrout the prior approval of GSA or the state agency, the dunce, at the option oC C.SA or U+c state agency, shall pay to GSA or the state
agency, as the case may be, the pn,ceeds of the disposal or the fair market value ur the fair rental value of the property at the time of such
disposal, as determined by GSA or the state agency.
(3) If at ;uty time, frum the date it receives the property through the period(sl of time the conditions in+pused b)• (Bl and (C) remain in
effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee fur the purpose(s) for µ'hich acquired, the
donee shall promptly notify the sL+te agency, and shall, as directed by the state agcnc>, return the property to the state agency, release the
property to another donee or another state agency or a department or agency of the lJnited States, sell, or otherwise dispose of llre properly.
The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The doncc shall make reports to the state agency on the use, condition, and location of the' property listed hereon, and on other
pertinent matlerS as Wray be reyuired frum time to time by the slate agency.
(5) At the option of the state agency, the doncc may abrogate the conditions set forth in (C) and rho terms, reservations, and restrictions
pertinent thereto in (ll) by payment of an amount as determines by the state agency.
E) 'CFIE UONEI: AGREES TU TIIB I ULLO\vING CUNll1T10NS, API'LICAI3LP. TU ALL. I"FENS OF PROPEIYhY LIS"CEU IIEREON:
( h) The property acquired by the doncc is on an "as is," "where is" basis, without warranty o(any kind.
(2) Where a doncc carries insurance against damages to or loss of property due to fire or other hazards and where loss of ur damage to
donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement front
_ 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) TP.Rh1S ANU CUNUI'tIONS AI'I'LIC:A13L1; 'f0 T111: UONA710N O1~ VIRCRAI~ f ANI) V'I:SSI:LS (5(t FEh~f OR 1tORIi IN LENGTH)
HAVING AN AC'QUISfIION COS f Oh 53,000 OR b1URE, RE.G \RULLSS Ol 1 IIF. I'URI'USL I UR 11'HICII ACQUIRI•:D:
The donation shall be subject to Ihr terms, conditions, tescrvatiuns, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
F76-233 DE10780 7-77 7,500
"Exhibit Arr
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