HomeMy WebLinkAboutCity Council - 5042 RESOLUTION NO. 5042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OF-
FICIALS AND EMPLOYEES TO REPRESENT THE CITY IN
ACQUIRING FEDERAL SURPLUS PROPERTY AND EXECUTING
DOCUMENTS RELATIVE TO SUCH ACQUISITION
BE IT RESOLVED by the City Council of the City of Huntington
Beach and 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 acquire federal
surplus property from the California State Agency for Surplus
Property under the Terms and Conditions listed on Exhibit A,
attached hereto and by this reference made a part hereof as though
set out in full herein:
CHARLES W. THOMPSON, City Administrator
RAYMOND C. PICARD, Fire Chief
r
RONALD BEARD, Civil Defense Coordinator ,
FRANK B. ARGUELLO, Chief,
Administrative Services
-
ROY HOW, Purchasing Officer _tv<�,
Resolutions 4246, 4541 and all resolutions in c6klict herewith
are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of October , 1981.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City A orney
ahb
9/17/81
1.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adm strat6bt e Chief
2.
alifornia Statc Department of EducaWn
of t'icc of Surplus Property
721 Capitol Mall,Sacramento,CA 95814
OSP Form No, 202(381)
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 emplayte(s) whose name(s), title($), and
signature(s) are listed below shall be and is (arc) hereby authorized as our representative(s) to acquire federal surplus
property front the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side
of this form."
NAME TITLE SIGNATURE
(Print of type.) r
Charles W. Thompson City Administrator
Raymond C. Picard Fire Chief
ivi Defense
ft Ronald ard, r at r
ief
Frank B. Arguello Admin tr','` Q �+ (y /
��Ili i`,S.a�,oeVY..�,.,ery ire
Ray How Purchasing Officer
PASSED AND ADOPTED this day of 19 81 ,by the Governing Board of
the City of Huntington Beach.
by the following vote: Ayes:J,_..;Noes: d ;Absent:--Q .
l Alicia M. Wentworth tv ,L
. Clerk of the b�r Govi rc+asin~d of
the City of Huntington Beach du herekv cerlify that the foregoing is a full. thee, and
correct copy of a resolution adopted by th a nneeting thereof fteld at its regular place of
meeting at the elate and by the tote abvne stated. which resolutrctn is on file in the office of Cite Cite cjtp/'
City of Huntington Beach
r
2000 Main STTIAT,' 0. Box 190
. ,
Huntington Bea'tch, Calif. 92648 (Si ned
cltx Orange Countyc"'aly ZIF CON City Clerk,
OR
AUTHORIZED this day of = 19 ,by:
Narm of Chief*drandcusttrs otf Tate
_ W;=or t+►iswp�a
M+�tt eddrsat
Signed)
City County ZIP code
EXHIBIT A
TERMS AND CONDITIONS
(A) Tilt !))NEE CERTIFIES THAT
t I t it is a public agency';or a nonprofit educational or public health institution or organization,exempt from taxation under Section$01
rat the. internal Kevenue Code of 1954; within the meaning of Section 203(j)of the federal Property and Administtatitie Services Act of 1949,.
as arrenrled,and the regulations of the Adminktrator of General Services.
12) It., public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given
politwal area one of more public purposes,or,if a nonprofit tax-exempt institution of organization,the property is needed fat and will be used
by the recipient for educational or public health purposes,and including research for such purpose. ['he 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.
13) funds are available to pay all costs and charges incident to donation.
(4) This transaction shalt be subject to the nondhi riminat n regulations governing the donation of surplus personal property issued
under 'fide 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$04 of the Rehabilitation Act of 2973,as amended,and Section 303 of the Age Discrimination Act of 1995.
(H) Tilt DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
t 1) All items of property shall be placed in use for the purpusc(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 act plated in use,of
continued in use,the donee Mall immediately notify the state agency and,at the donee's expense,return such property to the state agency,or
otherwise retake 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 spacial handling or use limitations as are imposed by General Services Administration(GSA) on any item(:)of property listed
hereon_
(3) in the event the property it'nol 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 shalt direct;
(C) Till: DONEE AGREES TO TIME FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A
UNIT ACQUISITION COST O $3,600 OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
10-The property"be used only for the purposes)for which acquired and for no other putpoaa(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 pieced 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(11)(I)and(2)have expired then title
and tight to the possession of such property shall at the option of the state agency revert to the State of California and the donee shag releas
such property to such person as the state agency shall direct.
(I)) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS:
(I) From the date it receives the property iisted hereon and through the period(s)of time the conditions imposed by(B)atsd(C)above
remain in effect,the dome shall not sell,grade,Ivan,tend, 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,leave,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 Iiikted 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(*) of time the conditions imposed by(8)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, shah pay to GSA or the states
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 bane of,such
disposal,its determined by GSA or the state agency.
(3) if at any time,from the date it receives the property through the periodtvt)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 purposes)for which acquired,the
donee shall promptly notify the state agency,and stall,as directed by the state agency, return the property to the state agency,rase the
property to another donee or another state agency or a department or agency of the United Slates,sell,or otherwise dispose of the property.
The proceeds from arty-sale shall bt remitted promptly by the donee to the state agency.
(4) The'dbftee'shall make reports to the state agency on the use,condition,and location of the property listed hereon,and on other
pertinent matters at gray 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'testrictions
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:
0) 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,condilirrna,reservatio ft of restriction's occurs,the state itcncy will be entitled to reimbursement from
the donee out of the insurance proceeds.of an 00410t SQUal the unamortized portion of the fair value of the damaged or destroyed donated
items
(f) TERMS AND CONDITIONS APPLICAKE TO THE DONATION Of AIRCRAFT AND VESSELS(50 FEET Olt MORE IN LENGTH)
HAVING AN ACQUISITION COST OF $39000 of more regardloss OF THE PURPOSE'FOR WHICH ACQUIRED:
The Ilonstion shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
091134" 09 12M 3,91 SM
Res. No. 5042
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON 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 5th day
of October 19 81 by the following vote;
AYES: Councilmen:
MacAllister, Thomas, Pattinson. Finley. Bailey. Mandic. Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California