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Home My WebLink About96-62 - Authorizing the Purchasing Officer or a Designee, to Acquire Federal Surplus PropertyRESOLUTION NO. %- (;. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE PURCHASING OFFICER, OR HIS/HER DESIGNATED REPRESENTATIVE, TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Federal Property and Administrative Services Act of 1949 (Public Law 152), authorizes the Federal Government and its agencies to make available to State agencies federal surplus property; and WHEREAS, the California State Agency for Surplus Property is the designated agent for distribution of federal surplus property to eligible public agencies; and WHEREAS, the City Council deems it desirable and advantageous to acquire federal surplus property, when required by the City departments, approved by the Purchasing Officer, and available from the California State Agency for Surplus Property; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby approves that the Purchasing Officer, or his/her designated representatives listed within, shall be authorized as the representatives to acquire federal surplus property from the California State Agency for Surplus Property under the attached Terms and Conditions. The City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon be in full force and effect until rescinded. Name Title Signature Susan L. Temple Director of Finance Richard H. Averett Purchasing Agent PASSED AND ADOPTED this 1st day of July, 1996. ATTEST: D1, T. Deputy City lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 4 G r of the City of Costa Mesa :� AA OVED AS TO FORM i •-.�.KOZ4 6-*gK- CITY ATTOR114EY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 104 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1st day of July, 1996, by the following roll call vote: AYES: t R.% C- ICSot3 I5urrA) 40RA) l3 u c KLt ENi511 � NOES: NONt ABSENT: VC/U& IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of July, 1996. C Deputy CityJerk and ex -officio Clerk of the City Co cil of the City of Costa Mesa TERMS AND CONDITIONS 1A) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 301 of the Internal Revenue Code of 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 Services. (2) If a public agency, theproperty is needed and will be used by the recipient for carrying out or promoting for the residents of a given goolitical area one or more public purposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used y the recipient for educational 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 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 Section 504 of the Rehabilitation Act of 1973, as amended Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in 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 notifv the state agency and at the donees expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. t2) 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 by iB)(1) and (2), title and right to the possession of such 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 its designee shall direct (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A L-N1T ACQUISITION COST OF $5.000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST. EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be usdd only for the purposets) for which acquired and for no other purposets). (2) There shall be a period of restriction which will expire after such property has been used for the purposes) for which acquired or a period of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of restriction , 3) In the event the property is not so used as required by C)(1) and ' 2) and federal restrictions B)(1) and , 2) have expired then title and 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 such 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 pro rty listed hereon and through the period(s) of time the conditions imposed by (B) and ,C, above remain in effect, the donee shall not sell.trade, lease, lend. bail, cannibalize, encumber. or otherwise dispose of such property, or remove it permanently, for use outside the state, without the prior approval of GSA under tB) or the state agency under (C). The proceeds from any sale. trade. lease, loan, bailment, encumbrance, or other disposal of the property, when 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. (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. shall pay to GSA or the state agency, as the rase 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 period(s) of time the conditions imposed by (B) and (C) remain in effect anv of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired the donee s611 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 anv 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 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 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 "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 donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from 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 AIN'D VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 15,000 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. 92 eves