1980-46 RESOLUTION 'NO , 80-46
RESCINDED - SEE RES .
83 - 25
RESOLUTION NO. 80- 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, AUTHORIZING REPRESENTA-
TIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY.
WHEREAS, the State of California is responsible for adminis-
tration of the Federal Surplus Personal Property Program; and
WHEREAS, this program is designed to help public agencies and
non-profit organizations secure excess equipment at low cost:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Grand Terrace, hereby order the City Officials whose names , titles,
and signatures are listed below shall be and are hereby authorized as
representatives of the City of Grand Terrace, California, to acquire
Federal surplus property from the California State Agency for Surplus
Property under the Terms and Conditions shown in Exhibit "A" attached
hereto and incorporated herein.
Name Title Signature
Edward R. Clark Finance/Administrative
Service Officer
David Carmany Administrative ,
Assistant
ADOPTED this 20th day of November 1980.
ayor of t y of r d errace
and of t City Council thereof.
ATTEST:
Approved as to form:
City 1 rk of the City of Grand
16rracLyand of the City Council City Attorney
thereof.`
EXHIBIT "A" TERMS AND CONDITIONS
RESOLUTION NO. 80-46
(A) THE DONEE 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 2030)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, 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-exempt institution or organization,the property is needed for and will be used
by the recipient for educational or public health purposes,and including 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 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,and Section 504 of the Rehabilitation Act of 1973,as amended.
(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 notify the state agency and,at the donee'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 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 (13)(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
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:
(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 (13)(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:
.(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 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,]eased,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,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, any 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 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:
(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 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.
F76.233 DE10780 7-77 7,500
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the City Council of said City at a regular meeting of the City
Council held on the 20th day of November , 1980 , and
that it was so adopted by the following vote:
AYES: Councilmen Grant, Petta, Nix, Rigley; Mayor Tillinghast.
NOES: None.
ABSENT: None.
Cf ty rk of the City of Gra1_id -
Terrac and of the City Councl-1 ' -
Thereof. -
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
. I , MYRNA LINDAHL, City Clerk of the City of Grand Terrace,
DO HEREBY CERTIFY that the above and foregoing is a full , true and
correct copy of Resolution No. 80-46 of said City Council , and
the same has not been amended or repealed.
DATED: November 20, 1980
City CYfrk of the City of Grand "
Terrac and of the City Cound-i l-;_ — —
thereof.
(SEAL)
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI.
OF THE CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI
OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
ACT OF 1949 , AS AMENDED, AND SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
CITY OF GRAND TERRACE, (hereinafter called the "donee") , HEREBY AGREES THAT the
program for or in connection with which any property is donated to the donee
will be conducted in compliance with , and the donee will comply with and will
require any other person (any legal entity) who through contractual or other
arrangements with the donee is authorized to provide services or benefits under
said program to comply with, all requirements imposed by or pursuant to the
regulations of the General Services Administration (41 CFR 101-6.2) issued under
the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title
VI of the Federal Property and Administrative Services Act of 1949 , as amended,
and Section 504 of the Rehabilitation Act of 1973, as amended, to the end that
no person in the United States shall on the ground of race, color, national
origin, or sex, or that no otherwise qualified handicapped person shall solely by
reason of the handicap, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity for which the
donee received Federal assistance from the General Services Administration; and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to
effectuate this agreement.
The donee further agrees that this agreement shall be subject in all respects to
the provisions of said regulations ; that this agreement shall obligate the donee
for the period during which it retains ownership or possession of any such
property; that the United States shall have the right to seek judicial enforcement
of this agreement; and, this agreement shall be binding upon any successor in in-
terest of the donee and the word "donee" as used herein includes any such successor
in interest.
Dated CITY OF GRAND TERRACE
Thomas A. T'
Mayor
Attest:
CITY OF GRAND TERRACE =
22795 Barton Road =
Grand Terrace, California 92324
City Perk � _ -
Approved as to f rm: r
� n
City Attorney
California State Department of Education
State Agency for Surplus Property
721 Capitol Mall,Sacramento,CA 95814 STATE OF CALIFORNIA
SASP Form No.201 (10-77) APPLICATION FOR ELIGIBILITY
FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
Before preparing this application,please read carefully the definitions given under Part B.Fill out all applicable sections.
Part A.
Legal name of organization- City of Grand TPrrarP Tele hone 714 824-6621
Address 22795 Barton Road City Grand Terrace County San Bernardino zip
1. Application is being made as a (please check one) (a) Public agency P or (b) Private, nonprofit and tax-exempt educational or public
health organization ❑. Please provide evidence that the organization is a public agency or enclose a copy of the letter or certificate from
the United States Internal Revenue Service evidencing tax-exemption under Section 501 of the Internal Revenue Code of 1954.
2. Check type of agency or organization and attach a supplement to this application describing the program operations and activities.For
private, nonprofit organizations, the following additional information is required: (a) For educational institutions,include a description
of the curriculum, the number of days in the school year,and the number and qualifications of the faculty or staff;(b)If a public health
institution or organization, include a description of the health services offered, qualifications of staff and, if applicable, the number of
beds,number of resident physicians,and number of registered nurses on the staff.
PUBLIC AGENCIES: Check either state ❑or local M. NONPROFIT INSTITUTION OR ORGANIZATION:
❑ Conservation ❑ Education
❑ Economic development Grade level
El Education (Preschool,university)
Grade level Enrollment
(Preschool,university) No.of school sites
Enrollment ❑ School for the mentally or physically handicapped
No.of school sites ❑ Educational radio or television station
❑ Parks and recreation ❑ Museum
❑ Public health ❑ Library
❑ Public safety ❑ Medical institution
❑ Two or more of above ❑ Hospital
:70 ® Other(specify) City ❑ Health center
❑ Clinic
❑ Other(specify)
3. Check if the applicant program is approved ; accredited ❑ ;or licensed ❑. Enclose evidence of such approval, accreditation, or
licensing. If the applicant lacks evidence of formal approval, accreditation, or licensing, check here ❑ and refer to the enclosed
instructions.
4. Are the applicant's services available to the public at large? yeg . If only a specified group of people is served,please indicate who
comprises this group.
5. Checklist of attachments submitted with this application:
XX Evidence that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954
U Description of program operations and activities
Evidence of approval,accreditation,or licensing or information submitted in lieu thereof
SASP Form No. 202, "Resolution," properly signed, designating representatives authorized to bind the applicant to the terms and
conditions governing the transfer of federal surplus personal property
SASP Form No.203,nondiscrimination compliance assurance
�(Statement concerning applicant's needs,resources,and ability to utilize the property
❑ Other statements or documentation required,ass ified in structions,fopyrtain categories of applicants.
Date: November 20, 1980 signed. Title: City Manager
FOR STATE A ENCY USE
Cents
ation approved: Application disapproved:
or additional information:
Date: Signed:
Director
Part B. DEFINITIONS
Accredited: Approval by a recognized accrediting board or schools, nursing schools, and similar institutions.The term does not
association on a regional,state,or national level,such as state board include institutions primarily engaged in domiciliary care although a
of education or health; the American Hospital Association; a separate medical facility within such a domiciliary institution may
regional or national accrediting association for universities,colleges, qualify as a"medical institution."
or secondary schools;or another recognized accrediting association. Museum: A public or nonprofit facility which is attended by the
Approved. Recognition and approval by the State Department of public free or at a nominal charge and which provides museum
Education, State Department of Health, or other appropriate services including the preservation and exhibition of artistic,
authority. With respect to an educational institution,approval must cultural,historical,or scientific objects.
relate to academic or instructional standards. An educational Nonprofit institution: An educational or public health institution
institution may be considered as approved if its credits are accepted or organization, no part of the net earnings of which inures or may
by accredited or state-approved institutions or if it meets the lawfully inure to the benefit of any private shareholder or individual
academic or instructional standards prescribed for public schools in and which has been held to be tax exempt under the provisions of
the state. _ Section 501 of the Internal Revenue Code of 1954.
Child care center: A public or nonprofit facility where day care Park and recreation: A program or programs carried out or
services such as educational, social, health, and nutritional services promoted by a public agency for public purposes which involve
are provided to children through age 14 and which is approved or directly or indirectly the acquisition, development, improvement,
licensed by the state or other appropriate authority. maintenance, and protection of park and recreational facilities for
Clinic: An approved public or nonprofit facility organized and the residents of a given political area.These facilities include but are
operated for the primary purpose of providing outpatient public not limited to parks, playgrounds and 'athletic fields, swimming
health services including customary related services such as labora- pools,golf courses,nature facilities,and nature trails.
tories and treatment rooms. Public agency: Any state; any political subdivision thereof,
College: An approved or accredited public or nonprofit institu- including any unit of local government or economic development
tion of higher learning offering organized study courses and credits district;any department, agency, instrumentality thereof,including
leading to a baccalaureate or higher degree. instrumentalities created by compact or other agreement between a
Conservation:A program or programs carried out or promoted by state and another state,a political subdividison,a multijurisdictional
a public agency for public purposes involving,directly or indirectly, substate district established by or pursuant to state law, or any
the protection, maintenance, development, and restoration of the Indian tribe, band, group, pueblo, or community located on a state
natural resources of a given political area. These resources include reservation.
but are not limited to the air,land, forests, water,rivers, streams, Public health: A program or programs to promote,maintain,and
lakes and ponds,minerals,and animals,fish,and other wildlife. conserve the public's health by providing health services to
Economic development: A program or programs carried out or individuals and by the conduct of research,investigations,examina-
promoted by a public agency for public purposes which involve, tion, training, and demonstrations. Public health services may
directly or indirectly,efforts to improve the opportunities of a given include but are not limited to immunization, maternal and child
political area for the successful establishment or expansion of health programs, sanitary engineering, sewage treatment and .
industrial, commercial, or agricultural plants or facilities and which disposal, sanitation inspection and supervision, water purification
otherwise assist in the creation of long term employment opportun- and distribution, air pollution control, garbage and trash disposal,
ities in the area or primarily benefit.the unemployed or those with the control and elimination of disease-carrying animals and insects,
low incomes. and the control of communicable diseases.
Educational institution: An otherwise eligible public or nonprofit Public safety:A program or programs carried out or promoted by
institution, facility, entity, or organization conducting educational a public agency for public purposes involving,directly or indirectly,
programs, including research for any such programs, such as a child the protection, safety, and law enforcement activities and the
care center, school, college, university, school for the mentally or criminal justice system of a given political area. Public safety
physically handicapped, educational radio or television station, programs may include but are not limited to those carried out by
museum,or library. public police departments, sheriffs' offices, the courts, penal and
Educational radio stations: A radio station licensed by the correctional institutions including juvenile facilities, state and civil
Federal Communications Commission and operated exclusively for defense organizations, and fire departments and rescue squads
noncommercial educational purposes and which is public or including volunteer fire departments and rescue squads supported in
nonprofit and tax exempt under Section 501 of the Internal whole or in part with public funds.
Revenue Code of 1954. School (except schools for the mentally or physically handi-
Educational television station:A television station licensed by the capped): A public or nonprofit, approved or accredited organiza-
Federal Communications Commission and operated exclusively for tional entity devoted primarily to approved academic,vocational,or
noncommercial educational purposes and which is public or professional study and instruction, which operates primarily for
nonprofit and tax exempt under Section 501 of the Internal educational purposes on a full-time basis for a minimum school year
Revenue Code of 1954. and.employs a full-time staff of qualified instructors.
Health center: An approved public or nonprofit facility utilized School for the mentally handicapped: A facility or institution
by a health unit for the provision of public health services,including operated primarily to provide specialized instruction to students of
related facilities such as diagnostic and laboratory facilities and limited mental capacity. It must be public or nonprofit and must
clinics. operate on a full-time basis for the equivalent of a minimum school
Hospital: An approved or accredited public or nonprofit institu- year prescribed for public school instruction of the mentally
tion providing public health services primarily for inpatient medical handicapped, have a staff of qualifed instructors, and demonstrate
or surgical care of the sick and injured, including related facilities that the facility meets state and local health and safety standards.
such as laboratories, outpatient departments, training facilities,and School for the physically handicapped: A school organized
staff offices. primarily to provide specialized instruction to students whose
Library: A public or nonprofit facility providing library services physical handicaps necessitate individual or group instruction. The
free to all residents of a community,district,state,or region. schools must be public or nonprofit and operate on a full-time basis
Medical institution: An otherwise eligible public or nonprofit for the equivalent of a minimum school year prescribed for public
institution, facility, entity, or organization the primary function of school instruction for the physically handicapped, have a staff of
which is the furnishing of health and medical services to the public qualified instructors, and demonstrate that the facility meets state
'at large or promoting public health through the conduct of researchand local health and safety standards.
for any such purposes, experiments, training, or demonstrations Tax-supported organization: One which receives a major portion
related to the cause, prevention, and methods of diagnosis and of its financial support from moneys derived from state or local
treatment of diseases and injuries. The term includes but is not government revenues.
limited to hospitals, clinics, alcoholic and drug abuse treatment University: A public or nonprofit, approved or accredited
centers, public health or treatment centers, research and health institution of higher education empowered to confer degrees in
centers, geriatric center laboratories, medical schools, dental special departments or colleges.
F77-2 DE 10786 7-77 7,500