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HomeMy WebLinkAbout1997-246 1 RESOLUTION NO. 97-246 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 95-191 REPLACING SHAUNA CLARK WITH 3 FRED WILSON, CITY ADMINISTRATOR, BRUCE KRAMER WITH TOM VALDEZ, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT PURCHASING AGENT AND 4 ADDING JERRY SMITH, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ASSISTANT PURCHASING AGENT AND JOHN P. MURPHY, CITY OF 5 SAN BERNARDINO PURCHASING MANAGER AS THE CITY REPRESENTATIVES AUTHORIZED TO ACQUIRE FEDERAL SURPLUS PROPERTY. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Resolution No. 95-191 Section 1 is hereby 9 amended to read as follows: 10 It is hereby ordered that the "SECTION 1. 11 officials and/or employees whose name, titles 12 and signatures are listed below shall be and 13 are hereby authorized as the City representa- 14 tives representatives to acquire Federal surplus 15 property from the California State Agency for 16 Surplus Property under the terms and conditions 17 set forth on Exhibit "A" attached hereto and 18 incorporated herein by reference as though fully 19 set forth at length." ~#JL ;?-4-4 A<-~ ~r0(}. /Y'yJAiW ~~ /t '4:. ~ 20 Fred Wilson City Administrator 21 22 Richard McGreevy, Coordinator Disaster Preparedness 23 Joyce A. Marion, Disaster Preparedness Representative 24 25 Tom Valdez, City of San Bernardino Municipal Water Department purchasing Agent 26 27 Jerry Smith, City of San Bernardino Municipal Water Department Assistant Purchasing Agent 28 -246 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 95-191 REPLACING SHAUNA CLARK WITH 2 FRED WILSON, CITY ADMINISTRATOR, BRUCE KRAMER WITH TOM VALDEZ, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT PURCHASING AGENT AND 3 ADDING JERRY SMITH, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ASSISTANT PURCHASING AGENT AND JOHN P. MURPHY, CITY OF 4 SAN BERNARDINO PURCHASING MANAGER AS THE CITY REPRESENTATIVES AUTHORIZED TO ACQUIRE FEDERAL SURPLUS PROPERTY. : ~e M~fuy of San Bernardino ~ha;::g Man~ger 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 9 Bernardino at a joint regular meeting thereof, held on the 18th day of August , 1997, by the following vote, to 10 wit: 11 Council Members: 12 NEGRETE 13 CURLIN 14 ARIAS 15 OBERHELMAN 16 DEVLIN 17 ANDERSON 18 MILLER 19 20 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 AYES NAYS ABSTAIN ABSENI' x x x x x x x ~~ Cit Clerk 97-246 10 11 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 95-191 REPLACING SHAUNA CLARK WITH 2 FRED WILSON, CITY ADMINISTRATOR, BRUCE KRAMER WITH TOM VALDEZ, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT PURCHASING AGENT AND 3 ADDING JERRY SMITH, CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ASSISTANT PURCHASING AGENT AND JOHN P. MURPHY, CITY OF 4 SAN BERNARDINO PURCHASING MANAGER AS THE CITY REPRESENTATIVES AUTHORIZED TO ACQUIRE FEDERAL SURPLUS PROPERTY. 5 6 The foregoing resolution is hereby approved this I~ 7 day of August , 1997. 8 ~ ~\ /~ ~ T6m Minor, Mayor City of San Bernardino 9 Approved as to 12 form and legal content: 13 14 15 16 17 18 19 20 21 22 23 24 25 JAMES City F. PENMAN, torney ;} 9- Fe 26 27 28 97-246- TERMS AND CONDITIONS (A) TIlE DO:'-lEE CERTIFIES TIlAT, {I) It is a public agency; or a nonprofit institution or organization., exempt from taxation under Section 501 of the Internaj Revenue Code of [954: within the meaning of Sectlon 20.3lj) of the Federal Property and Admmistrative Services Act of 1949. as amended. and the regulations of the Administrator of General Services.. 12) 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 area one or more public pur~se~ or. If a nonprofit tax.exempt institution or orgamzation. the property is needed for and will be used by the recipient for educational or public health purposes., including research for such purpose. or for programs for older mdividuals. The property is not bemg acquired for any other use or purpose. or for sate or other distribution; or for permanent use outside the state. except with pnor approvai of the state agency (:]) Funds are available to pay ail costs and charges incidem to donation ,:4) This transaction shail be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of )964. Title VI. Section 606. of the Federal Property and Administrative Services Act of )949. as amended. Section 504 at the Rehabilitation Act at 1973, as amended. Title IX of the Education Amendments of 1972. as amended. and Section 303 of the Age DiscnmInation Act of 1975, (B) TIlE DO:\'EE AGREES TO TIlE FOLLOWING FEDERAL CONDmONS, (1) All it~ms of property shall be p!~ced in use for the purpose(sl for which acquired within one year of receipt and shall be continued in use for sucn purposetsJ for one vear t~om 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 n?tify the state agency and. at the donee's expense. return such property to the state agency. or otherWIse make the property avaIlable for transter or other disposaJ by the state agency, provided the property is stili usable as determined by 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. ,:3) In the event the property is not so used or handled as required bv (B)(I) ana (2). title and right to the possession of such property shall at the option of GSA revert to the Cnited States of America and upon demand the donee shall release such property to such person as GSA or its deSIgnee shail direct. (q TIlE DO:\'EE AGREES TO TIlE FOLLOWING CONDmO:'-lS IMPOSED BY TIIE STATE AGENCY. APPUCABLE TO ITEMS W1TI1 A U:\'IT ACQUISmO:'-l COST OF 55.000 OR ~IORE Al"/D PASSENGER ~IOTOR VEHICLES, REGARDLESS OF ACQUlSmON COST. EXCEPT VESSELS 50 FEET OR ~IORE 1:'-1 LENGTIl AND AIRCRAFf, II) The property shall be used anlv for the purpo5e1,s) for which acquired and for no other purpose(s), :2) There shall be a period of restriction which will expire after such propert\.' has been used for the purposet's) for which acquired for a penod of IS months from the date the property is placed in use, except for sucn items of major equipment. listed hereon. on which the state agency deSignates a further period of restriction i3) In the event the property is not so used as required by (Ci(l) and (2) and federal restrictions (B)(1) and (2) have expired then title and right to the possessIOn of such propertv shall at the option of the state agency revert to the State of California and the donee shaH release such property to such person as the state agency shaH direct (D) TIlE DO:\'EE AGREES TO TIlE FOLLOWL'lG TER~IS. RESERVATIONS. .\:'-ID RESTRIGnONS, (I) From the date It receives the property listed hereon and through the penod(s) of time the conditions imposed by tBl and (C) above remalO in effect. the donee shall not sejJ, trade. lease, lend. ball. canmbalize, encumber, or otherwise dispose of such property, or remove It permanenti,". for use outSide the state, without the pnor approval of GSA under (B) or the state agency under (e). The proceeds from anv sale, trade, lease, Joan. bailment encumbrance. or other disposal of the property, wnen such action is authorized by GSA or by the state agency. shall be remitted promptly by the donee to GSA or the state agency. as the case may be. i 2) In the event anv of the propert\' listed hereon is sold traded. leased, loaned. bailed. cannibalized. encumbered or otherwise disposed of by the donee from the date it receives the property through the penod(s) of time the conditions imposed by (B) and (C) remain in effect. 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 state agencv. as the case may be, the proceeds of the disposaJ or the fair market value or the fair rental value of the property at the time of such disposaL J.S determined by GSA or the state agency. ,;3) If J.t an\" time. tram the date it receives the property through the periodlsl or time the conditions imposed by (8) and (Cl remain in effect J.n\" of the property listed hereon is no lon~er SUitable, usable. or further needed bv the donee for the purpo~s) for which acqUIred. the donee shall promptlv notify the state agenc\', and shalL as directed by the state agency. return the property to the state agency. release the property to J.nothf"r donee or another state agenc\" or a department or agency or the Gmted States. selL or otherwise dispose of the property, The proceeds from any sale shall be remitted promptiv by the donee to the state agency. 1-4) 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 ma\' be required from time to time by the state agency. \51 At the option of the state agency. the donee may abrogate the conditions set forth in (e) and the terms. reservations. and restrictions pertinent thereto in \ OJ by pavment of an amount as determmed by the state agency. (EI THE DO:\'EE AGREES TO TIlE FOLLOWI:'-IG CO:'-lDITIONS. APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON, \ I) The property acqUired by the donee IS on an "'as IS." "where IS.' basis. without warrantv of any kind. i 2) Where a donee carries Insurance :lgalnst damages to or loss of property due to fire or other hazards and where loss of or damage to donated proper tv With unexplTed terms. conditions. reservatIOns. or restrictions occurs. the state agency will be entitled to reimbursement from the donee out of the IDsurance proceeds. of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TER~IS .\:\'D CO:\'DITIONS APPLICABLE TO TIlE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORE IN LENGTIl) HAVING .\:\ .\CQU1S1TION COST OF 55.000 OR MORE. REGARDLESS OF TIlE PURPOSE FOR WHICH ACQUIRED, The donation shall be subject to the terms. conditions. reservations. and restrictions set forth in the Conditional Transfer, Document executed by the :luthonzed donee representative. "Exhibit A"