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Home My WebLink About11-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Richard McGreevy Subject: Federal Surplus Property Resolution Disaster Preparedness Coordinator Fire Dept: Date: July 21, 1997 O;7/GIilA1. Synopsis of Previous Council action: Resolution No. 95-191 adopted by Common Council on June 19, 1995. Recommended motion: Adopt Resolution /?A~ }tc~. . Signature 7 Contact person: Ri~h~rrl Mr~rpP'TY Phone: ~ ~ /, 5 1 1 5 Supporting data attached: Ward: All FUNDING REOUIREMENTS: Amount: -0- Source: IAcct. No.) nla IAcct. DescriPtion) Finance: Council Notes: Res 97- c2'1? <J "'/'17 Agenda Item No. 1/ 75.0262 ellV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT According to regulations governing the Federal Surolus Property Program, all donee organizations must periodically renew their eligibility. This resolution renews eligibility and updates the list of persons authorized to acquire Federal Surplus Property for departments. City departments may obtain surplus items at anytime by paying only a nominal charge to cover the overhead, handling and transportation costs incurred by the State-run distribution centers. Types of property available include handtools, furniture, motor vehicles, communications and electronic equipment, hardware and office machines. 75-0264 ,-------- TERMS AND CONDITIONS IA) mE DO:'-lEE CERTIFIES mAr, .It is a public agency; or a nonprofit institution or organization. exempt from tnation under Section 501 of the Intemai Revenue Code of within the meaning of SectIon :203ljJ of the Federal Property and AdmlnlStratIve Servlce5 Act of 1949. as amended.. and the regulations Administrator of General Services. i2) If a public a~encv, the. propertv IS needed and will, be used by the recipient for carrying out or promoting for the re51dents of a given political area one or more puolic purpo~s. or. If a nonprotit tax-exempt institution or organization. the property is needed for and will be used bv the reclplent for educational or pUblic health purposes. mcluding research ror such purpose. or for programs for older Individuals. The property is nO,t being acquired for any other use or purpose. or for saie or other distribution: or for pennanent use oumde the state. except With pnor approval of the state agency. ,:]} Funds .lre avatiabie to pay ail costs ana charges incident to donatiofL . (4) This transaction shail be subJect to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of ,he Civii RiEht' Act of 196~. Title VI. Section 606. of the Federal Prooertv and Administrative Services Act of )949. as amended. Section 50~ oi the Rehabilitation .~ct oi 1973. as amended. Ti'le IX of the Educatll;n Amendments of 1972. as amended. ami Section 303 of the .-\~e DiscnmlOation .-\ct of 1975. (B) mE DONEE AGREES TO mE FOLLOWING FEDERAL CONDmONS: i 11 .~II items of propert\' shall be placed in use for ,he purposelsi for which acquired within one vear of receipt and shail be continued in we for suen purpo5eiSI for one vear from the date the property was placed in use. In the event 'the property is not so piaced in use. or continued in ~se. the donee shall imme~iiateJy n~tify the state ageoev and.. at the donee's expense. return such property to the state agency, or otherWise maKe the property avaIlable tor transter or other disposal by the state agency, provided the property is still usable as determined by the state agency. 121 Such specIal handling or we limitations as are Imposed by General Services .~dmmistration (GSAl on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required bv (B)(l) and (;2). title and right to the possession of such property shall at the option o~ GSA revert to the Cmted States of Amenca and upon demand the donee shaH release such property to such person as GSA or lts deSignee shad direct. (C) mE DONEE AGREES TO mE FOLLOWING CONDmO:'-lS IMPOSED BY THE STATE AGE'lCY. APPUCABLE TO ITEMS WlTII A UNIT \CQulsmo:'-l COST OF 55.000 OR MORE AND P.'.SSENGER ~torOR VEHICLES. REGARDLESS OF ACQLlsmON COST. EXCEPT \ "ESSELS 50 FEET OR ~tORE 1:'-1 LENC1lI AND AIRCRA.IT: 11) The property shall be used only for the putpose(s) for which acquired ana for no other pUrpose\s). .There. ,hall be a period of restnction which will expire after such property has been wed for the PUrJX>SOls) for which acquired for a of IS months from the date tne property IS placed in use. except for sucn Items of maJOr equipment. listed hereon. on which the state y designates a further pemxi of resmctlon. 131 In the event the propertv is not SO used as required bv (C)(!) and (2) and federal restrictions IB)(Il and (2) have expm.; then title and r;ght to the possession of such propert\" shall at the option or the state agency revert to the State of California and the donee shall release such property to SUC" person as the state agencv shall direct ID) mE DONEE AGREES TO mE FOLLOWL'IG TERMS. RESERVATIONS. A:'-ID RESTRlcnONS: ill From the date It receives ,he propertv listed hereon and through the penodis) of time the conditions imposed by (B) and IC) above remaIn 10 eoifect. the donee shall not seil. traae. lease. lend. ball. canmbaiize. encumber. or otherwise dispose of such propertY. or remove It permanentk tor use outSide the state. without the pnor approval of GSA under 1 B) or the state agency under (C), The proceeos from any sale. trade. lease. loan. bailment. encumbrance. or other disposaj of the property. wnen such action is authorized by CSA or by the state agency. shall be remitted promptly by the donee to GSA or the state agency. as the case may be. 12) In the e"ent anv of the propert\. listed hereon is sold. traded. leased. loaned. bailed. cannibalized. encumbered. or otherwise disposed of b\. the donee from ,he date It receives ,he propertv through the penodls) of lime the conditions imposed by (BI and (e) remain in effect. without the pnor approval of CSA or the state agency. the donee. at the option of GSA or the state agency. shall pay to CSA or the state agenc\-'. 3S 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 determmeci by GS.-\. or the state agency. i;}J If at anv time. from the date it rece1ves the property throu~h the penodlsl of time the conditions imposed bv {Bl and (C1 remain in effect. anv of the property listed hereon is no lon~er sUltable. usable. or further needed by the donee for the purposet.s) for which acquued. the donee shaH promptly notify the state agencv. and shall as directed bv the state ae:ency. return the property to the state agency. release the property to .mother done'e' or another state agency or a department or agency oi the Gmted States. sellar otherwise dispose of the property. The proceeds from anv sale shall be remitted promptJ\-' by the donee to the state agencv. - . (4J The donee shall make reports to the state agency on the use. condition. ana location of the property listed hereon. and on other pertinent matters as mOl\' be required from time to time by the state agency. (5) .-\t the option of the state agenc\'. the donee may abrogate the conditions set forth in {CJ and the terms. reservations. and restrictions penment thereto in \ OJ by pa\-"ment of an amount as determmed by the state agencv. tEl mE DO:'(EE .\GREES TO mE FOLLOWI:'-IG CO:'-lDlTIONS. .\PPLlCABLE TO .\LL ITEMS OF PROPERTI' LISTED HEREON: \1) The property acquired by the donee IS on an '.as is," "where IS.' basis, without warranty of any kind. _Vhere a donf"f' carries msurance against damages to or loss of propertv due to fire or other hazards and where loss of or da~age to donated v With une:tPlred terms. .condJtions. reservations. or restrictions occurs. the st~te agency wIll be entitled to reimbursement tr~m the donee the IOsurance proceeds. ot an amount equal to the unamortized portion of the t31r value of the damaged or destroyed donated Items. IF) TER~IS .~:,(D CONDmONS APPLIC\BLE TO TIlE DONATION OF .\IRCRAFr .\ND VESSELS (SO FEET OR MORE IN LL'IGm) H.\\'lNG .~:-; .\CQUISITlON COST OF $5.000 OR MORL REGARDLESS OF mE PURPOSE FOR WHICH ACQUIRED: The donation shall be subjK't to the terms. conditions. reservations. and restrictions set forth in the Conditional Transfer. Document e:tecuted bv the :Juthonzed donee representative" "Exhibit An