1984-07 RESOLUTION NO. 84- 07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION
NO. 83-25' AND AMENDING THE AUTHORIZED REPRESENTA-
TIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE
CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY.
WHEREAS, there is a need to change the name of the Finance/
Administrative Services Officer previously authorized to acquire Federal
surplus property from the California State Agency for Surplus Property;
NOW, THEREFORE, the City Council of the City of Grand Terrace does
hereby resolve as follows:
SECTION 1. Rescission - That Resolution No. 83-25 is hereby rescinded
in its entirety.
SECTION 2. That 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
Thomas J.ISchwab Finance/Administrative
Services Officer , � Q
Randall L. Anstine Community Services Director
Thomas M. Coyle Administrative Assistant
ADOPTED this 12th day of April , 1984.
ATTEST:
\ -
City-C c of the City of and Mayor t Cit of a race
.Terrace and of the C i ty Co c'1 and of the C 'ty Co nci 1 thereo .
thereof.
Apprvedastofr
L
City Attorney
: TERMS AND CON"DI-1IUNS
EXHIBIT "A" - RESOLUTLON NO. 84- 07
(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,ainended,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,end 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 Ri-hts Act of 1964,Title VI, Section 606, of the Federal Property and Administrative Services Act of. 1949, as
amended, Section 504 cf-the Rehabilitation Act of 1973,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.placcd 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 lone year from the date the properly 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 (B)(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 TIIE 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 LF.NGTI1 AND AIRCRAFT:
(I.) 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 equipmenI,•listed hereon,on which the state
agency dcsignatesa further period of restriction.
(3) In the evert the property is not sc� used as required.by (C)(1) and (2) and federal restriction% (B)(1) and(2)have expired then title
an3 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 RESTRICTION'S:
(1) Frain the date it receives the property listed hereon and through the period(s) of time the co:,diGora imposed by(R) and (C)above'
remain in effect, the donee'shall not sell, trade, lease, lend, bail, cannibalize, encumb:r, or otla:,vv::e i:SpP,e of sue}; property, o; rcinove it
permanently, for use outside the state,without !he.prior approval of GSA under (11) or the state age;u v under(C).The proceeds 60:1,any "de,
t:ade, lease, loan, bailment, encumbrance, or other disposal of the property, when :uch action i. ;:t:n,rri:ed by GSA or by the state agency,
shall be remitted promptly by the donee to GSA or the state agency,as the case rn:,y be.
(2) In the event any of the property listed hereon is sold, traded,leased,loawA,bailed,carrij:alized,encumbered,or otherwise disposed
of by.the donee from the date it receives the property through the periods) of tin,.: the Co:ditioas imi:o,e? by (B) and (C)remain in effect,
without tf_e prior approval of GSA or the state agency, the donee, at the optics of CSA or tl:,: state agency, shall pay to GSA or the state
agency, as the case may be, the proceeds of the disposal or the fair mar'.:et value or the fair renl,rl value of the property at the time of such
disposal,as determined by GSA or the state agency.
(3j. If at any time, from the date it receives the property through the period(s)of timo the cend)tions imposed by(B) and(C)remain in.
effecf, any of the property listed hereon is no longer suitable,usable,or furttr.:r necdec by [hc donee for the purpose(s)for which acquired,the
,donee'shall promptly :otify he state atce.rcy, and ,hall,as directed b•. the staie atr:.�icy, retu:;t die preN:,ty to the state .a�er.cy, rueasa the
C. property to another donee or another state agency or a department or agerry of tl'c United States,sell,of 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.
(F) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED I}?iR EON:
(1) The property acquired by the donee is on an "as is,""whore is"basis,without warranty of any kind..
/3) 11'hete a donee carries insurance against damages to or loss of property due to fire cr %:her hazards and where loss of GI damage to
donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency will bu entitled W reimbursement from
the donee out of the Lisurancc 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 TIT fi DONATION OF AIRCRAFT AN]) VESSELS (50 FEET OR !JORE•'IN LENGTH)`
HAVING AN ACQUISITION COST OF S3,000 OR MORE,REGARDLESS OF T}ll:PURPOSE YUR WHICH ACQ:11R%D:
The donation shall be subject to the terms, conditions, reservations, and restrictions set fcrth in the Condi;ieral Transfer Document
executed by the authorized donee representative.
F80.246 DE 12202 3-81 3M
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 12th day of
April , 1984, and that it was so adopted by the following vote:
AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen;
Mayor Grant.
NOES: None.
ABSENT: None.
City Clerk f the City of rand rrace _
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. 84-07 of said City, and that the same has not been amended or
repealed.
DATED: April 12, 1984.
City Clqqk of the City of Gra Terrace
and of the City Council ther