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HomeMy WebLinkAbout94-44 RESOIIITION NO. 94-44 R]~SOLU~ION OF ~ CItY COUNCIL OF ~ CI~"~ OF ~ A~O~ZING D~I~A~D ~~ ~ A~UI~ ~D~ S~S ~OP~ ~ON ~ ~T~~ STA~ AG~ FOR ~S ~OP~ ~ P~ ~ ~ ~ITIONS ~EREAS, there exists a need for City purchase cost savings due to the current financial constraints of Local Government in California, THEREFOr; BE IT ~SOLVED by the City Council of the City of Ukiah, and hereby ordered that the employees whose names, titles and signatures are listed below shall be and are hereby authorized as our representatives to ac~ire federal surplus property from the California State Agency for Surplus Property under the Te~s and Conditions listed in "Attachment A". NAME Roe Sandelin George Hall Mickey DeWall Nora White Judy Jenny Don Denham Jim Looney Larry DeKnoblough Ken Budrow John Williams Stan Bartolomei George Borecky Suzanne Abel-Vidor Don Bua Cathy McKay Reid Carpenter TIT~ Dep. Fire Chief:~ Fire Captain//~9:~/~.~ Fire Dept. Purchasing Agent Purchasing Assistan~-"~ Garage Supervisor Street Supervisor Redvlmt. Coord%~~ Police Captain Police Captain Electric Super~§or~ Water/Sewer S~l~rvisO{. Museum Direc~or~-v-~__-~ Airport Man~e~ City Clerk/ Golf/Parks ~u~-~vi§o .~. ~% PASSED AND ADOPTED this 25th day of April, 1994 by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, and Shoemaker. NOES: None. ABSENT: Councilmember Mastin and Mayo~/~chneit~ · ,iiI May6r Fred-~chn~iter ATTEST/: ~, / Office of Surplus Property 1421 No. Market Blvd. Sacramento, Ca. 95834 SM Form No. 202 (2/87) State Dept. of General Services RESOLUTION "BE IT RESOLVED by the Governing Board, OR by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form." NAME TITLE SIGNATURE 0Mnt or type.) B PASSED AND ADOPTED this day of ,19__, by the Governing Board of by the following vote: Ayes: __; Noes: ; Absent: 1, ,Clerk of the Governing Board of do hereby certify that the foregoing is a full, true, and correct copy ora resolul~on adopted by the Board at a meeting thereof heM at its regular place of meeting at the date and by the vote above stated, which resolution is on file in the office of the Board OR C. Name of organization Mailing address (Signed) City County ZIP code AUTHORIZED this day of ,19 , by: Name of chief administrative officer Name of organization Mailing address (Signed) City County Zip code Title NOTE: IF YOU HAVE A GOVERNING BOARD, SECTIONS "A" AND "B'" SHOULD BE COMPLETED. IF YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED. TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a publicagency;ora nonprofitinstitution ororganization, exempt from taxation underSection 501 offhelnternalRevenueCodeofl954;withinthe meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) ~fa pub~icagency~thepr~ertyisneededandwi~beusedbytherecipientf~rcarrying~ut~rpr~m~tingf~rtheresidents~fagiven~itica~area~ne~rm~re public purposes, or, if a nonprofit tax-exempt institution or organization, 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 individ uals. The propert) is not being acquired for a ny ot her usc 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 tra nsaction shall be subject to the nondiscrimination regulations governing thc 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 itemsofpropertyshallbeplaced in use forthepurpose(s)forwhichacquiredwithinoneyear of receipt andshallbecontinuedinuseforsuchpurpose(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 d once shall immediately notify the state age ncy a nd, at the d onee*s 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. (2} Such special handling or use limitations as arc 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 (B)(l} and (2), title and right to the possession of such property shall at the option of GSA revert to thc 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 UNIT 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 used only for the purpose(s) for which acquired and for no other purpose(s) (2) There shall be a period of restriction which will 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, 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)(I) 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 RESTR1C2rlONS: (I) From the date it receives the property 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 (B) 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 d once 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 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, a~ determined by GSA or the state agency. (3) Ifatanytime~fr~mthedateitreceivesthepr~pertythr~ughtheperi~d(s)~ftimethec~nditi~nsimp~sedby(B)and(C)remainineffect~any~fthepr~perty listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall 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 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: (I) 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) TLR MS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 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.