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Home My WebLink About1980-072 I! i I. 1 I 1 RESOLUTION NO. sin - l 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FILING OF AN APPLICATION FOR THE ACQUISITION OF FEDERAL SURPLUS j 3 PROPERTY FROM THE CALIFORNIA STATE AGENCY; AND REPEALING RESOLU- TION NO. 79-490 . j 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: I 6 � SECTION 1 . It is hereby ordered that the officials and/or 7 employees whose name, title and signature are listed below shall � I 8 be and are hereby authorized as the City representatives to ac- i 9 quire Federal surplus property from the California State Agency 10 for Surplus Property under the terms and conditions set forth on 11 Exhibit "A" attached hereto and incorporated herein by reference f 12 as though set forth in full and at length. j 13 Marshall W. Julian, Director, Emergency Services t4 i 15 Richard L. Monroe, Director of 16 Communications and Deputy Director of Emergency Services 17 18 Walter Tuppence, Civil Defense 19 Technician, Emergency :service i 20 SECTION 2 . Richard L. Monroe, Deputy Di ctor, Emergency 21 Services, is hereby authorized to execute and file said applicatio 22 for eligibility. 23 SECTION 3. Resolution No. 79-490 is hereby repealed . 24 I HEREBY CERTIFY that the foregoing resolution was duly 25 ( adopted by the Mayor and Common Council of the City of San 26 Bernardino at a ��.'_�g ,�� meeting thereof, held 27 on the day of ce.; �, 1980, by the 28 following vote, to wit : Ij i i AYES: Councilmen " - ';I NAYS: 3 � 4 ABSENT: i i 5 City Clerk I 7 ;I The foregoing resolution is hereby approved this day I 8 of .:;2_r 1980. g mac? 10 , 1 r f ity of n Bernardino n i 12 it 13 Approved as to form: i 14 15 ty At rney ii 16 i 17 18 19 20 21 22 23 24 25 I1 26 yi 27 28 -2- TERMS AND CONDITIONS.; (A) THE DONEE CERTIFIES THAT (1) It is a public agency;or a hoop rofit iaelti=tion or organization,exempt from taxation under Sectioa Sol of the Internal Revenue Code of 7934;within the mending of Section 2030)of the Federal Preperty and Administrative Services Act of 1949,as a Services. tteadeL and the aegtiacioaa of the Administrator of General (2) If a pubiie agency•the property is needed and will be used by the recipient for tarrying out or prornotsBfor the rasideat!of a given political area one or moro public purposes;or.if a nonprofit ux•CU09c mstitution or organization,the property is needed for and win f t used by the recipient for educational or public ask orothe distribution-.tnorforesearch froarasueiFapotsor for programsforolder individuals.The property ism��yq�forany other Use orpurpose.orfor pe aCSta tear eutsidi the estate;except with,prior approval of the state lop-3. (3) Funds are available to pay all costs OW dames incident to donation. (4) This tramsetioa shall be subject totdeeaediaerimicationftplations8overtti�thedonationof Rights Act of 1964,Tick VI,Section 606,otr,M Federal property and Administrative Services Act of i9ds as ed,Section 0u d the Rehabilitation Tite a civil 1973,as amended.Trtk IX of cite Education watendments of 1972.as SumWed,and Section 303 of the Age DiacR A_Act of.191,:s._ . (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:: (t) y arfromf property shalt be placed is test for the purpese(Ofor which aequittid within one year of 11ceipims!xha�'6j continued in for one year from the dace the property was pitted in use.In the event the property is not so placed ill hie.or eootiaued ib Use. he dooeesltall f immediately ao fy the lute agency and,at the d onee's expense.M=.such property to the state agency,or othopl iae tnakethe state agency,provided the property is still uesiie as determined by the state age "0�'aW&bkfortnaaferorotherdisposal by the (2) Such s g : preia!haad6n or use limltatiass as are imposed by General Services Administration(GSA)on stn s of Property,listed her4ott. (3) Ia the twat the property is not so used Rlnndied.as required )O• revert totreUaitedStacesofAnterieaaad q bY(B)(1)and(2).tiNaind�righttothep ofsticit'propestythallattheoptionefGSA• qae demand the donee shall release sueb property to such ptxs"n GSA or-its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OFSSGTH A MORE AND PASSENGER MOTOR VieHICLES,REGARDLESS OFACQUISITION COST.EXCEPT VPCaxt r, SO FEET OR MORE IN LENGTH AND Antra a FT. Tbo property shall be used only for the 1+11rPosc(s)for which acquired and for no other purpoio(a). (2) There shall be a period of restriction w will expire after such property has been used for the from the dace the propeny is placed in rasa, for such items of tna'or Purpose(s)for v%ich acquired for a period of Id months reseriaion Major Bated hereon,oo whirit the state agency designates a further period of of(:tuba ro cutest the property is not so used as tegvimd by(C)(1)and(2)and federal restrictions(Bx 1)and(2)h re P pert.shall at the option of the stage aXncy revert to the State of California and the donee i!u►It release stedt xPift rte.en Rine and right to the possession than direct. t+►naa u!M��ab��,xy (D) THE DONEE AGREES TO THE FOt.LOWM0 TERMS,RESERVATIONS,AND RESTRICTIONS: (1) From the daft it receives the property steed hereon and through the period(aj of time the conditioe:im donee than not sell,trade,lease,lead,bail,oa�alize,encumber,or otherwise dispose of itch property.ax posed by(0)' and(C)above oarmin in effect,the without the prior approval of GSA under(a)or the state agency under otherwise The roc temp"ft permanently.for use outside the state. disposal ofthepmpmy.whensuch action ism proceeds front any laic,tradq lease,Joan, bead .for se outside he outer case may be. by GSA or by the state agency,shall be remitted prosapthy by the donee to GSA or the state agency,as the (2) In the event stay of the property listed) - is sold.traded,leased,loaned,bailed,cannibalized C the date it reeei'-es the property through the paeodts)of time the conditions imposed b acumbeted.orotherwisedisposed of bythe donee frorn state agency,thedottee.at the option of GSA or estate agency,shall pay to GSA or the state agency,at a te'without the prior approval of GSA or the market value or the fair renal value of the prosy at the time Of such disposal.as determined by GSA he the state agency, y be.the proceeds of the diaposat or the fair a(3) IfAt nil i o l nrom the date it receives s3s;seopeny through the Period(s)Of time tbeconditio3es un dshereonieclongersuitable,us able,Orfee z�neededbythedoneefortheftimethe for whichaewNd by(�and(L)remainIne a ad sltail.as directed by the estate a ncy. q red.the donee shall promptlyrtno6f the atate ege property, rates Me he to the state agency,release the property to attotberdca n or=Other state agency or a depart mil or agency of the United States,sell,or otberwitetauposC of the property.The proceeds from any sale:hail be (w) The deneesUn maim reports to the suseaVenCy on the use,condition,and location 6f the re rt wed Promptly by the donee to the slice agency, ten red front time to time by the state agent. P pe y herald hereon.and on other pertinent matters as may be (S) At the option of the state agency.the donee by huyment of as amount at determined by the s�abrogate eheeonditions net forth in(C)and the terms,aeaeeweioas.and mtrietiotts pertinent thereto in(D) (1) THE DONEE AGREES TO THE FOLLO�,i CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTEi) (1) The property acquired by the donee is oa an'w is.--where it"basis.without warrant' of' kittii. HEREON. (2) Where adonKgnuaiasuranceagains tda3tages toor loss of property due to fire Orothar hazards andwberelossotordama unexpired terms.conditions.reservations.or rations occurs.the"ate agency win be entitled to reimbu Of an amount equal to the utumortited EC to donated property with Pont=of tale fair value of the damaged or destroyed donated item iro>it the donee out of the itt:nnncC Proceeds. A TERMS ACQUISITION COST OOHS APPLICABLE TO THE DONATION OFAtRCRA�,�ND V$SSEL$(SO FF.ETOR MORE IN LENGTH)HAVING AN ACQUISITION COST OF SS,Opo OR MO!„REGARDLESS OF Tii>r PURPOSE FOR WHICH ACQUIRE[); The donatioe :rapt se subject to the terms.esssditions,fe lion,and restrictions act forth in the Conditional Tt�ticsfm. Dom authorized donee representative. • natal exrcwted by the I