1983-25 RESOLUTION NO. 83-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION
NO. 80-46, AND AMENDING THE AUTHORIZING REPRE-
SENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY
FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS
PROPERTY.
WHEREAS, the State of California is responsible for administration 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 orders 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 property
under the terms and conditions shown in Exhibit "A" attached hereto and
incorporated herein.
NAME TITLE SIGNATURE
Edward R. Clark Finance/Administrative
Services OfficerOle
Randall L. Anstine Community Services Director i
Thomas M. Coyle Administrative Assistant
ADOPTED this 9th day of June, 1983.
-ATTEST:
City er.c o the i ty o ran Mayor o e i t o n Ter ce
Terr- :e-and of the City uncil and of the 'ty Co cif thereof.
Approved as to form•
1'
Q�
i ty orney
EXHIBIT "A" TERMS AND CONDITIONS
' RESOLUTION NO. 83-25
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency; or a nonprofit educational or public health institution or organi731ion.exempt from taxation under Section 501
of the Internal Revrnue Code of 1954. Within the meaning of Section 203(j)of the Federal Properly and Administrative Serices 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 he 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 p:ior 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 purposes) 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 ucc limitations as ate 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)(I) 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 S3,000 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 IS 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.
r (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 direeL
(D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS:
(1) 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 slate 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,]cased,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 condition's imposed by (B) and (C) remain in effect,
without the prior approval of GSA or the state acency, 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 properly at the time of such
disposal,as determined by GSA or the state acency.
(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 slate 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 S3,000 OR MORE,REGARDLESS OF THE PURPOSE FOR tl'HICH 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 ERWAY, 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 9th day of
June, 1983, and that it was so adopted by the following vote:
AYES: Councilmembers Rigley, Petta, Pfennighausen;
Mayor Grant.
NOES: None.
ABSENT: Councilman Nix.
City Cle f t e City of Grand race— _
and of th City Council thereof.
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF GRAND TERRACE )
I, MYRNA ERWAY, 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. 83-25 of said City, and that the same has not been amended or
repealed.
DATED: June 9, 1983.
City Cle of the Ci ty o Gran errace
and oft City Council thereo .'
California State Department of Education
Office of Surplus Property
721 Capitol Mall,Sacramento,CA 95814
OSP Form No. 202(3-81)
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), titic(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
(Print,or type.)
Finance/Administrative
--Edward R. Clark Sprvi r_es Dffi c r
Randall L. Anstine Community Sarvices Director
Thomas M. Coyle Administrative Assistant
PASSED AND ADOPTED this. 9th day of June 11983 by the Governing Board of
The City of Grand Terrace
by the follo%rina vote: Ayes:_;Noes:_;Absent:I
I, Myrna Erwav Clerk of the Governing Board of
The City Counci 1 - City of Grand Terrace do herehl, ecru;v that the foregoing is a -lull, trite, and
correct cony of a resolution adopted by the Board at a regular nneeting thereof held at its regular place of
meeting at the date and by the core-abore stated, which resolution is on file in the uffic•e of the Board.
City of Grand Terrace
Name ut organization
22795 Barton Road
Mailing address
Grand Terrace San Bernardino 9232A [Sigltetl[
City county ZIP code Myrna rway - City Clerk
OR
AUTHORIZED thus day of , 19 ,by:
Name of chief administrative officer Title
Name of organization
Mailing address
[Signed 1
city County ZIP code
LETTER OF TRANSMITTAL
FROM: CITY OF GRAND TERRACE DATE: June 13, 1983
22795 Barton Road
Grand Terrace, CA 92324
Telephone (714) 824-6621
TO: STATE EDUCATIONAL AGENCY FOR .
SURPLUS PROPERTY
2325 Moore Avenue
. Fullerton, CA 92633
ATTENTION:
WE ARE SENDING YOU (X) ENCLOSED . (. ) UNDER SEPARATE COVER VIA . .
the following items
TRANSMITTED:
0— No of Copies Title
1 CITY OF GRAND .TERRACE RESOLUTION NO, 83-25
REMARKS:.
-MYR ERWAY`z. C1 ty Clerk--
cc: