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93-110 RESOLUTION NO. 93R-110 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 GNATURE Robert G. Berg Emergency Services G~~.~ Coordinator i~ ----~ > / Diane Hughart Purchasing Agent /~3~ ? ~ BE IT FURTHER RESOLVED that the City Manager, ~,/~nd 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 22nd day of June , 1993. MAYOR OF THE HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 1716.1\EEGAN\May 13, 1993 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-110 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of June, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-110 on the 23rd day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of June, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-110 was duly passed and adopted by the City Council of the City of Anaheim on June 22, 1993. CITY CLERK OF THE CITY OF ANAHEIM EX~IBIT "A" TERMS AND CONDITIONS (A) TIIE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit institution or organ za on, exempt from taxation under Section 501 of the Internal Revenue Cede of 1954; within the meaning of Section 203( of the Federal Property and Administrat va Serv ces Act of 1949, as amended, and the regulations of the Adm n strator of General Services. (2) If a public ageney, the I~roperty is needed and will be used by the rec pient for carrying out or promot ng for the residents of a given political area one or more public purposes, or, if a nonprofit tax-exempt institution or organization he property s needed for and will be used Dy the recipient for educational or public health purposes, including research for such purpose,' or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sale or ot er d s ribution; or for permanent use outside the s ate, 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 sub ect to the nondiseriminat on regulatio ~s govern ng the donat on of surplus personal property issued under Title V1 of the Civil Rights Act of 1964, Title VI, Section 606 of flee Federal Property and Administrative Serv ces Act of 1949, as amended, Section 504 of the Reha'bilitatlon Act of 19713, as amended, Title IX of the Education Amendments of 1972, as amended, and Section ~30g of the Age Discrimination Act of 1975. (B) TIIE DONEE AGREES TO TIIE 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 contihued in use for such purpose(s) for one year from the date the property was placed in use. In the event tile property is not so placed in use, or c,o, ntinued in ,use,.the donee shall immediately notify the state agency and at the donee's expense, return such property to he state agency, or c, tnerwise ma~:e the property available for transfer or other disposal by the state agency, provided tbe property is still usable as determined by ~ Ihe state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on spy 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 possess 6n of such propert~ shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to soch person as GSA or its designee shall direct. . (C) TtIE DONEE AGREES TO TIlE FOLLOWING CONDITIONS IMPOSED BY TIlE STATE AGENCY, APPLICABLE TO ITEMS WITtl A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEtIICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTtI AND AIRCRAPT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2).Theere shall be a petted of restriction which will expire after such property has been used for he purpose(s) for which acqu red for a perio,a or 18 months from the date the property is placed in use, except for such items of major equipment. listed hereon, o~ wh ch the state agency designates a further petted of restriction. (:3) In the event the property is not so used as required by (C)(1 and (2 and federal restrict OhS (B)(I) and (2) have expired then title and rigbt 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) TIlE DONEE AGREES TO TIIE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions mpesed by (B and (C above -~umin in effect, the donee shall not sell, trade lease, lend bail, cannibalize encumber or otherwise dispose of such pro.oer'ty, or remove ~1~ ?:rmanently, for use outside the state, without the prior app'roval of GSA und'er (B) or the state agency under (C). The proceeds from any sa e, trade, lease, loan bailment encumbrance or other d sposal of the property, when such action is authorized by GSA or by the state agency s a be remitted promptly by ~e donee to GSA or the state agency, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, oaned, bailed, cannibalized, encumbered, or otberwise disposed of by the donee from the date it receives the property tiEtough the period(s of time the eond tons reposed by (B) and (C) rema n n effec without the prior approval of GSA or the state agency~ the donee, at the op on 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 he fair market vaue or the far rental value of he property at the t me of sucb disposalg~'as determined by GSA or the state agency. (~) If at any time, from the,date it receives the property through the period(s) of t me tee conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable or further needed by he do me for the purpose(s) for wh ch acqu red, the donee shall promptly notify the state agency anti shall, as directed by the state agency, 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 se or otherwise dispose of the property. The proceeds from any sale shall be remitted prompt y 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 tbe state agency. (5) At the option of the state agency the donee may abrogate tbe conditions set forth i~, (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of ~n amount as determined by the state agency. (E) TllE DONEE AGREES TO TIIE 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) Wbere a donee carries insurance against damages to or loss of property due to fire or other hazards and where oss of or damage to donated proport), with unexpired terms, conditions, reservations, or restrictions occurs tbe state agency will be entitled o re mbursement from the donee out of the nsurance proceeds, of an amount equal to the unamortized pertion of the fair value of the damaged or destroyed donated itcins. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF' AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF TIlE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in tile Conditional Transfer, Document executed by the authorized donee representative.