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HomeMy WebLinkAboutCity Council Resolution 804.2 RESOLUTION N0.804.2 A Resolution Superseding Resolution No.804.1 of the City of Saratoga Providing for the Acquisition of Federal Surplus Property WHEREAS, by Public Law 95-519, the Federal Government has authorized the donation of federal surplus property to any public agency to assist in carrying out or promoting for the residents of a given political area one or more public purposes, such as, but not limited to, conservation, economic development, education, parks and recreation, public health and public safety; and, WHEREAS, certain terms, conditions and eligibility requirements are imposed by the California State Agency for Surplus Property in connection with the acquisi- tion of such property; a list of such terms and conditions and requirements is attached as Exhibit "A"; and, WHEREAS, the City of Saratoga, County of Santa Clara, State of California desires to establish its eligibility for such property~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that: 1. The officials and/or employees whose names and titles are listed below shall be and are hereby authorized as our representatives to acquire on behalf of the City, federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the attached form (Exhibit "A"). Wayne Dernetz - Director of Emergency Services Patricia Mullens - Assistant Director of Emergency Services Rob Robinson - DirectOr of Planning. Department Barbara Sampson ~ Director of Community Services Richard Mitchell' - Acting Coordinator of Emergency Services IT tS FURTHER RESOLVED that the City Manager of the City of Saratoga is authorized to sign an Assurance of Compliance with GSA Regulation under Title VI of the Civil Rights Act of 1964 (SASP Form 203, attached hereto as Exhibit "B"), and BE IT FURTHER RESOLVED that the Resolution on this subject dated February ~ 2, 1977, and October 5, 1977 is hereby rescinded. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 2nd day of September , 1981, by the following vote: AYES: Councilmembers Clevenger, Jensen, Mallory, Watson, Mayor Callon NOES: None ABSENT: None MAYOR ATTEST: EXHIBIT "A" , TERMS At ..... 2ONDITIONS ~A) THE IX)NEE CERTIFIES THAT: (l) 11 is a public agency; oz a nonprofil 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 amended. and the regulations of the Administrator of General Services. (2) if a public agency, the proper'~y is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or mote public pu,rposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the Incipient for educational or public health puxposes, and including research for such purpose. The property is net being acquired for any other use or purpose, or for sale or other distribution; oi fox permanent use outside the state, except with prior approval of the state agency. (3) Funds are available to pay all costs and diarges incident to donation. (4) This transaction shall be subject to the hondiscriminalion regulations governing the donation of surplus personal property issued uncles Title VI of the Civil Righ'ts 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, iS amended. (B} THE DONi~E AGREES TO THE FOLLOWING FEDEkAL CONDITIONS: (1) All items of property shah be placed in Use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such puxpose(s) for one year frdm 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 immedialely notify the state agency and, at the doneo'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 ~pecial handling or use limitations as are imposed by General Services Administration (GSA) on any item(s)of property listed hereon. (3) In the ~,;ent the proiverty is ndt so used or hahdled a's requSred 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 shah release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY T.HE STATE AGENCY, APPL1C/~BLE 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 restslotion. (3) In ~he event the property is not so used as required by (C)(I} and (2) and federal restriclions XB)(I) 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 S~.ate of California and the donee shall release such property to such person as the slate agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives th~ property listed he.reon ind 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, bail, Cinnibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outsSde the slate, without the prior approval of GSA under (B) or the state agency under {C). The proceeds from any sale, trade, lease, loan, bailmerit, encumbrance, or ether disposal of the p.roperty, when such action ~s authorized ~vy GSA or by the state agency, shall be remitted promplly by the donee to GSA Or the state ager/cy, as the case may (2) !n the event any of the property listed hereon is s01d, ~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 lhe stale agency, shall pay lo GSA or the state agency, as t?te cas~ 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 reedyes the property 't.hzough 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 fuxther needed'by the donee for the purpose(s) for ',~hich acquired, the donee sl~dli px~>mptly riolily the state agency, and shall, as directed by the state agency, return the properly to the state agency, rei~ the property to another donee os 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 shah make reports to the state agency on the use, condition, and location of the property listed hereon, and on other perlinent 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 foxth 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'h," ".where i~" 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 unexpbed te. rms, conditions, reservations, or restrictions occurs, the state a. gency .will be entitled to xcimbursement 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 APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OFTHE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, ~seservations, and restrictions set forth in the Conditional Transfer Document executed by the authorized donee represenlative. F76.-233 DE10780 7-77 7,500 EXH~' T "B" State Agency for Surplus Property i. .... SA~P Form No. 203. (:1.0-77) . ASSURANCE OF COMFLIANCE WITH GSA KEGblATIONS UNDER TITLE VI OF THE CML RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, AND SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED City of Saratoga , (hereinafter called the "rionee"), (Name of donee organizatiou) HEREBY AGREES THAT the program for or in connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide ser- vices or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101-6o2) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, to the end that no person in the United States shall on the ground of race, c61or, national origin, or sex, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement, The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any successor in interest of the donee and the word "rionee" as.used herein includes any such successor in interest, Dated City of Saratoga Donee Organization BY , City Manager (President/Chairman of the Board or comparable authorized official) City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Donee Mailing Address