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Home My WebLink AboutCity Council - 5229 RESOLUTION NO. 5229 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 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 reference made a part hereof as though set out in full herein: CHARLES W. THOMPSON, City Administrato GAG , FRANK B. ARGUELLO, Director of Administrative Services Z RICK AMADRIL, Buyer RAYMOND PICARD, Civil Defense Di ctor ED VASILE, Civil Defense Coordinator J Resolution No. 4541 and all reso ons in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Hunting- ton Beach at a Special Meeting thereof held on the lst day of Feb- ruary, 1983 . 44, h h T Mayor ATTEST: APPROVED AS TO FORM o City Clerk City Attorney "MEHIBIT A" it California State Departtneat of 114vestbn State Agency for Surplus Property 721 Capitol Mail,Sacramento,CA "814 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(:), and signature(s) are listed below shall be and is (are) hereby authorized as our representstive(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.) _CHARLES W_ THOMP.SON CITY ADMINISTRATOR FRANK B. ARSUEL O DIRECTOR_ OF ADM_SERVICS ' RICK AMADRIL BUYER _ RAYMOND PICARD CIVIL DEFENSE DIRECTOR_ ED VASILE CIVIL DEFENSE COORDINATOR PASSED AND ADOPTED this 1st. day of February 19 83 by the Governing Board of THE CITY OF HUNTINGTON BEACH, CALTFORNTA by the following vote: Ayes: ;Noes: ;Absent: 1. ALICIA M. Ii MfMRTH Clerk of the Governing Ruard of THE CITY OF HUNTINGTON BEACH do hereb Njy tA►et the jo arB o a . full. tnte, and correct copy of a resolution adopted by the Board a, a SpeeiyalrneetbW thereof held at its ►rgular place ,rl meeting at the date and by the vote above slated, which resolution is on file in the office of the Baird. CITY OF HUNTINGTON BEACH Mite of eganization 2000 MAIN RIPRFZTPMooft swig HUNTINGTON BEACHf CA 92648 [S I i c+tORAN E COUNTY co■ety ZIP code OR AUTHORIZED this_day of , 19 ,by: Nana of Officer 1ltk I i Iftnedl My CantKy VP cede TERMS AND COND171ONSi Af (A) THE DONEE CERTIFIES THAT: i 11 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 Adtrtinistrative 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 1%4,Title V1,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 FEDE4tAL 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 mch 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)(l) 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 mch property to such person as GSA or its designee shall direct. s (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(:)for which acquired and for no other purpose(s). (2) There shalt be a period of restriction which will expire after such property has been used for the purposes)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,fisted hereon,on which the state agency designates a further period of restriction. (3) In the event the property is not to used as required by (C)(1) and (2) and federal restrictions(dxl)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: (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, 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(9)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,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 case may be, the proceeds of the disposal or the fait 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 of any time, from the date it receives the property through the period(%)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,all,or otherwise dispose of the property The proceeds from any ale 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 rrEMS OF MOPERTY LISTED HEREON: (1) The property acquired by the donee is on an .as is.""where is"basis,without warranty of any Itied. (2) Where a donee carries insurance against damages to or loss of property due to fire or other hWrds and where loss of or damage n donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency wdl 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 APPLICABLF TO THE DONATION OF AIRCRAFT,AND VESSELS(50 FEET OR MORE IN L F`NGTH+ HAVING AN ACQUISITION COST OF S3,(N)O OR MORE,REGARDLESS OF THE PURPOSE FOR WHiCH ACQUIRi D The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer l? urnc❑ executed by the authorized donee representative. F76-233 OF 10'80 5 7 Y Res. No. 5229 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Cldrk 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 Mgular- Special meeting thereof held on the lSt day of February , 19 83 by the following vote: AYES Councilmen: Thomas, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson, MacAllister City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California