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HomeMy WebLinkAboutCity Council - 5241 RESOLUTION NO. 5241 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 Administrator 41 DAN VILLELLA, Financial Operations Administrator L� RICK AMADRIL, Buyer RAYMOND PICARD, Civil Defense Director ED VASILE, Civil Defense Coordinator ' Resolution No . 5229 and all resoluti conflict herewith are hereby repealed . PASSED AND ADOPTED by the City Council of the City of Hunting- ton Beach at a Regular Meeting thereof held on the 7th day of March, 1983. LLI Mayor ATTEST: APPROVED AS TO FORM: �1 City Clerk City Attorney i "'Mn Pr All California State Depsrtteattt of BdNfttbe Sate Agency for Svrphta Property 721 Capitol Moll,Saeratttento,CA 93e14 SASP Form No.202(10.77) RESOLUTION "BE IT RESOLVED by the Governing Board,OR by the Chief Adminktrativa Met of those otganitations which do not have a governihB board, and hereby ordered that the official(s) and/or employees) whose natrte(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our repieaentstive(e) to"Ire federal surplus property from the California State Amency for Surplus Property under the Terns and Conditiosn fitted on the reverse side of this form." NAME TITLE SIGNATURE I (Pr1et or tape.) �CHART.FS w_ THnMPSoN CITY ADMINISTRATOR ' i DAPS VI- 1,LifiL��tt = "; FINANCIAL OPERATIONS tf �. i RICK AMADRIT_i BUYER _ __ l RAYMOND PICARD CIVIL DEFENSE DIRECTO _ t* ED VAS LE CIVIL DEFENSE COORDIN R I PASSED AND ADOPTED this Zth day of March l4 83 by the Governing Board of THE CITY OF HIINT�NGT )N REACH CALIFORNIA by the following vote: Ayes:r;Nod:_. Absent: !. ALLCIA_M. ifFRMIRTH „� _.C?"*of elk Governing Ri►ard of THE CITY OF HUNTIHGTON BEACH dn_ l+eroby_SrrNJj► tAat the fWjgWft b a jufl, rule, and correct copy of a resolution adopted by the Board at a rneetft thereof hem of I t resider place,of meeting at the date and by the Mote above stated, which resolution Is on JUt M the u/Ne of Mt Bard. CITY OF RUNTINGTON BEACH erne P araattlratioe Kaaba HUNTINGTON BEACH CA 92648 lSlpsedl w CMDRAN E COUNTY Covely zip coee OR AUTHORIZED this day of , 19„_ ..by: I Nam N I Signed 1 City Cayttty UP cede TERMS AND CONDITIONS , (A) THE DONEE CERTIFIES THAT: (1) It is a public agency;of a nonprofit educational or public health institution or orgainitation,exempt from taxation under Section Sill of the Internal Revenue Code of 1934;within the meaning of Section 2030)of the Federal Property and Administrative Services Act of 1949. a%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 plotrw0%for the residents of a Riven political area one or more public purposes,or,if a nonprofit tax-exempt institution or organization,the property is rsseded 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 governift the donation of surpias personal property issued under Title VI of the Civil Rights Act of 1%4,Title VI.Section 606,of the Federal Property and Administrative Services Act of 1949, as amended,and Section 304 of the Rehabilitation Act of 1973,as amended. oil 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 on year of receipt and shall be continued in use for such purposes) for one year from the date the ptopetty was placed in use. in the event the property it 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) 1n the event the property is not to used or handled as required by (B)(l)and(2).title and tight to the posaasivn of such property %hall at the option of GSA revert to the United States of America and upon demand the donee shag releew such property to such person as GSA or its designee shall direct. or ((') THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WiTH A UNIT ACQUISITION COST OF f 3.000 OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OF ACQUISITION COST. EXCEPT VESSELS 50 FEET OR MORE 1N LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpow(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 tot tills prrpeaa(s)for which sc:quired for a period of 18 months from the date the property is placed in use,except for such items of major equipuMt,Noted hereon,on which the state aKency designates a further period of restriction. (31 In the event the property is not so used as required by (CM 1) and (2)and federal reatrictlona(9)(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 CaVornis 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 conditionslnsposed by(B)and(Ci atx.ve remain in effect, the donee shall not sell, trade, lease, lend, hall,cannibalize, encumber,or otherwise dispoaa of such property, of remove if permanently,for use outside the state,without the prior approval of GSA under(B)or the slate agency under(C).The proceeds from any sat-, trade, lease, loan,bailment,encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agencf, 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(9)and Kl remain in effect, without the prior approval of GSA or the state agency, the donee, at the option of GSA of 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 valise of the property at the time of such disposal,as determined by GSA or the state agency. l3) If at any time, from the date it receives the property through the period(%)of tinse the toadltitMsa imposed by(0)and(C) remain in effect, any of the property listed hereon is no longer%citable,unble,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 pr oputy to the state agency, release the property to another donee or another state agency of 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 tM poverty listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (S) At the option of the state agency,the donee may abrogate the conditions set forth in(C)OW*A to i ,reservations,and tstriction< pertinent thereto in(D)by payment of an amount at determined by the state agency. f E) THE.DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE.TO ALL ITEMS OF PROPERTY LISTED HERFON (1) The property acquired by the donee is on an"as is,""where is"basis,without warranty of arty kW. (2) Where a donee carries insurance against damages to or lots of property due to fire of other hattetrdt trod where loss of or damage ,, donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement fie", the donee out of the insurance proceeds,of an amount equal to the unamortized portion of the fair vahre of the damaged or destroyed donate%' items. 111 TERMS AND CONDITIONS APPLICABLF TO THE DONATION Oi' AIRCRAFT,ANO VESSELS(30 FEf.TOR MORE IN t I NGI'll HAVING AN ACQUISITION COST OF S3010OR MORE, REGARDLESS OF THE PURPOSF FOR WHiCH ACQuIRI h ['he donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional 1 ratWe- t' xe,used by the authorized donee representative. i Res. No. 5241 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 regular meeting thereof held on the 7th day of March 19 83 , by the following vote: AYES: Councilmen: MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson, Thomas I • City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California