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Home My WebLink About12958 ..... .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- RESOLUTION NO. .a~~P> USQLUTION OF THE CITY OF SAN :BF~W'INO AU',fHQR!ZING THE FILl. 0'1 AN APl'LlCATIOH FOR THE ACQUIS:A'rO'N OF FEDEIAL SURPLUS PROP!!:lt'l'Y FROM THt cALIFORNIA S'!.'ATEAGENCY. BE IT RESQLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. It is hereby ordered that the offioials and/or employees whose name, title and signature are listed below shall be and are hereby authorized as the City representatives ~o aoquir federal surplus property from the California State Agenoy for Surplus Property under the terms and oonditions set forth on Exhibit "A" attaohed hereto and inoorporated herein by referenoe as though set forth in full and at length. RaymondW. Shaw, Direotor, Emergenoy Services . Peter J. Egan, Deputy Direotor, Emergency Servioes Walter Tuppenoe, Civil Defense Teohnioian~ Emergenoy Servioes SECTION 2. Raymond W. Shaw, Direotor, Emergenoy Servioes, is hereby authorized to execute and file said applioation for eligibility. I HEBEBYCERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counoil of the City of San Bernardino at a h.P'/'&;'<1 ~/..M{ /' meeting thereof, held , 1977, by the following on the /'~~ day of vote, to wit: . . . ... . -' AYES: Councilmen ..a..~J?~/ ~~ - J~, 5 ~--"-? ,,~~ ~"~_L4 NAYS: ~Me ABSENT: .AP//77AL"~n /'7//.Jt'...,~ of ~ ~427A/A , 1977. ~~::~~.. hereby approved ill .,../,,(K day The foregoing resolution is form: -2- FILED SEPc2/ 11fT LUCILLE GOFORTH, Cily Qerk XlJ~ -w - .. ~ ~~ " TERMS AND CONDITIONS , .' . ..: (A) THE IlONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 1954; within the meaning of Section 203(j) of the Federal Property and Administrati~e SelYic:esAct of 1949, as amended, and the regulations of the Administrator of General Services. (2) If a public aaeRCY. 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 purposes, or. if a nonprofit tax~xempt institution or organization. the property is needed for a~ will be used by the recipient for educational or public health purposet. and includinS research for such purpose. 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 cost. 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 606. of the Federal Property and Administrative Services Act of 1949. as amended, and Section So. of the Rehabilitation Act of 1973. as amended. (B) TIlE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) AU items of property shaD be placed in use for the purpose(s) (or which acquired within one year of receipt and shall be.continued in use for such purpose(s) for one year ffom 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 shaU immediately notify the state agency and. at the donee., expense, return such property to the state agency. aT otherwise make the property available for transfer or other dispos8l by the state agency, provided the property is still usable u determined by the state agency. (2) Such ~pecial handling or UIe limitations u are imposed by General Services Admi~istration (GSA) on any item(s) of property listed hereon. (3) In the event. the property is not so used or handled as required by (8)(1) and (2), title and right to the possession of RIch 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 it. designee oI1a11 direct. ., . ' (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPUCABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (I) The property .hall be used only for the purpose(.) for which .cquired and for no other pwpose(s). (2) There shall be a period of restriction which wiD expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use, e:,<cept for such items of major equipment, listed hereon, on whicb the state agency designates a further period of restriction. (3) In th. ..ent the property i. not so used as required by (C)(l) and (2) and federal re.trictlons (B)(I) and (2) have expired then tllle and right to tbe possession of sucb property shall at the option of the state agency revert to the State of California and the donee shaU release such property to such person as tbe state agency shall direCt; (D) TIlE DONEE AGREES TO THE FOLLOWING TERMS, R.ESER.VATIONS, AND RESTRICTIONS: (1) From the dat~ it receives the property listed hereon and through the period(s) of time the conditions imposed by (8) and (C) above remain in effect, the donee shall not sell, trade, lease, lend, baD, cannibalize, encumber, or otherwise diipose of such property, or remove it permanently. for use outside the state, without the prior approval of GSA under (B) or the state agency under (C)~ The proceeds from any sale, trad~. lease, 10811. bailment, encUmbrance, or other di~pOsa1 of thO' property, when such action is authoriied by GSA or by the state agency, shall be rem}tted proinplly by the donee to GSA or the .tale agencY, a. tbe caile may be. (2) In the event any of the property 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 period(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, shan pay to GSA or the state agency, as the case may be. the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency. (3) If at any time, from the date it receives the property through the perlod(s) of time the conditions iinposed by (8) and (C) remain m. effect, any o.f the property listed hereon is no longer suitable, usable. ,or further needed by the donee for the purpose(s) for which acquired, the donee shaD 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 or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds 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 pertinent matters al 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, resetvations, and restrictions 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 uas is." '"where is" basis, without warranty of any kind. (2) Where a donee carries insurance against damages to o.r loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired tf;rms, conditions, reservations, or restrictions occun, the state agency will be entitled to reimbursement fiom 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) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OF THE 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 authorized donee representative. EXHIBIT "A" F78-233 DE10780 7-77 7#500