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95-051 RESOLUTION NO. 95R-5! 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 NATURE Robert G. Berg Emergency Services Coordinator Diane Hughart Purchasing Agent Darryl Meekhof Fleet/Facility Manager BE IT FURTHER RESOLVED that the City Manager be, and 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 4th day of ~ril , 1995. MAYOR OF THE C IM ATTEST: CITY CLERK OF T OF ANAHEIM 11181.1\E£GAN\March 14, 1995 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. 95R-51 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of April, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daiy NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-51 on the 4th day of April, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of April, 1995. 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. 95R-51 was duly passed and adopted by the City Council of the City of Anaheim on April 4, 1995. CITY CLERK OF THE CITY OF ANAHEIM EXglBIT "A" TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit institution or organization, exemp~ from taxation under Section 501 of the Internal Revenue Code ot 1954; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Service~ (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political ar~a. one or more p~blic purposes, or, if a nonprofit tax-exempt imtitution or organization, the property is needed for and will be ~ by the r~cipient !or educ~honal 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 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 donatior~ (4) This transaction shall he subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Titl~ V] of the Civil Rights Act of 1964, Title VL Section 606, of the Federal Property and Administrative Services Act of I949 as amended Section 504 of the Rehabi itation Act of 1973, as amended. Title IX of the Education Amendments of 1972~ as amended, and Section 300 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall he placed in use for the purpe~s) for which acquired within one year of receipt and shall be continued ir 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 notify the state agency and, at the donee s expense, return such property to the state agency otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon (5) In the event the property is not so used or handled as required by (B)(1) and (2), title and right to the possession of such property shall 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 it designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COS~ EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND MRCRAFF: (1) The property shall be u.ned only for the purpo~(s) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purple(s) for which acquired for period of I8 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the stat, agency designates a further period of restriction. (3) In the event the property is not so used as required by (C)(I) and (2) and federal restrictions (B)(I) and (2) have expired then title an,~ 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 suc: property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) abo~ remain in effect, the donee shall not sell, trade, lease, lend, bail, cannihalize, encumber or otherwise dispnse of such property or remove permanently, for use outside the state, without the prior approval of GSA under B) or the state agency under (C). The proceeds from any trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agenc~ shall be remitted promptly by the 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, loaned, bailed, cannibalized, encumbered, or otherwise disposed by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effec without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the star agency, as the ease may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of suc disposal, as determined by GSA or the state agency. (3) If at any time, from the date it receives the property through the period(s) of time the eonditioes imposed by (B) and (C) remain in effec any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpnse(s for which acquired. the done shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the property another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The procee¢ from any sale shall be remitted promptly 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 pertinei matters as may be required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrietiol pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE 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) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donat, property ~ith unexpired terms, conditions, reservations. or restrictions occurs, the state agency will be entitled to reimbursement from the dom 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) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFr AND VESSELS (50 FEET OR MORE IN LENGTE HAVING AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQU'LRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document execut~ by the authorized donee representative.