HomeMy WebLinkAboutCity Council - 4541 RESOLUTION NO. 4541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY
OFFICIALS TO REPRESENT THE CITY IN ACQUIRING
FEDERAL SURPLUS PROPERTY AND EXECUTING DOCU-
MENTS RELATIVE TO ACQUIRING SUCH PROPERTY
BE IT RESOLVED by the City Council of the City of Huntington
Beach and it is hereby ordered that the officials and employees
whose names , titles and signatures are listed below shall be
and are hereby authorized as the city' s representatives to ac-
quire federal surplus property from the California State Agency
for Surplus Property under the Terms and Conditions listed on
Exhibit "A,"attached hereto and by reference made a part hereof
as though set out in full herein:
FLOYD G. BELSITO, City Administrator i
FRANK B. ARGUELLO, Finance Director
ROY HOW, Purchasing Officer
GEORGE W. THYDEN, Civil Defense
Coordinator
Resolution No. 4246 and all reso ns conflict ere-
with are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of October, 1977 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk e-'= City Attorn y
ISA:ahb
1.
REVIEWED AND APPROVED: INITIATED AND APPROVED•
C 'ty Administrator ivi efense Coo inator
2.
EXHIBIT A
California State Department of Education
State Agency for Surplus Property
721 Capitol Mali,Sacramento,CA 95814
SASP Form No.202(10-77)
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
(Print or type.)
FLOYD G. BELSITO CITY ADMINISTRATOR
FRANK B. AR§UELLO 12IBECTOR OF FINANCE
ROY HOW PURCHASING OFFICER
GEORGE W. THYDEN CIVIL DEFENSE COORDINATOR
ICI
PASSED AND ADOPTED this 3rd day of OCTOBER ,19 77 ,by the Governing Board of
THE CITY OF HUNTINUT N BEACH, CALIFORNIA
by the following vote: Ayes:_._w�.V Noes: ;Absent::. .
I. ALICI;A M. WENTWORTH . Clerk of the Governing Board of
THE CITY OF HUNTINGTON_ BEACH do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board at a meeting thereof held 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.
CITY OF HUNTINGTON BEACH
Name of organization
2000 MAIN STREF2'_,R— n_ BO.X 190
Maw address "s
HUNTINGTON BEACH, CA 92648 Signed
citDRANGE COUNTY County ZIP awe
OR
AUTHORIZED this day of , 19 ,by:
Name of chief administrative officer Title
Name of organisation
Mao*addraas
[Signed]
city County ZIP coda
TERMS AND CONDITIONS
(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 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, 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 forand 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 FEDE}tAL CONDITIONS:
(1) All items of property shall be placed in use for the purposes)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 unposed by General Services Administration (GSA)on any item(s)of property listed
hereon.
(3) In the event the property is not to used or handled as required by (11)(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 propotty to such perm as
GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPUCABI.I;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(e)(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 shalt 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 property listed hereon and through the period(s) of time the conditions imposed by(0)and(C)above
remain in effect, the donee shall not sell, trade,lease,lend,ball,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 its 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 cam 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(&)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 tlue unamortized portion of the fair value of the damaged or destroyed donated
items
(F) TER14S 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 shad be subject to the terms, conditions, cgwrvations, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
F76-233 t E10760 7.71 7,500
Res. No. 4541
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUN INGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 3rd day
of October 19 77 by the following vote:
AYES: Councilmen:
Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California