HomeMy WebLinkAboutCity Council Resolution 804.3 RESOLUTION NO. 804.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ~RIZING CERTAIN
INDIVIDLrALS AS CITY REPRESENTATIVES TO ACQUIRE F~DERAL SURPLUS PROPERTY
FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PEOPERTY
WHEREAS, the City of Saratoga, County of Santa Clara, State of California
desires to establish its eligibility for the acquisition of Federal surplus
property.
NOW, THEREFORE, BE IT RESOLVED and hereby ordered by the City Council of the
City of Saratoga that the officials and/or employees whose names, titles and
signatures are listed below shall he and are hereby authorized as our repre-
sentatives to acquire federal surplus property frcxn the California State Agency
for Surplus Property under the Terms and Conditions listed on the reverse side
of this form.
NAME TITLE
J. Wayne Dernetz City Manager
Robert S. Shook Community Dev. Director
R. Stephen Peterson Finance Director
Leonard Davis Emergency Coordinator
James Appleyard Emergency Coordinator
The above and foregoing resolution was passed and adopted by the Saratoga City
of Sept , 1983, by the
Council at a regular meeting held on the 21st day ember
following vote:
AYES: Councilmembers Callon, Clevenger, Fanelli, Mallory and Mayor Moyles
NOES: None
ABSENT: None
ATTEST:
TERMS AND CL ITIONS
(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 S~ction 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 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 tL ~;ttion of surplus personal property issued
under Title V! of the Civil Rights Act of 1964; Title V[, Section 606, of the Federal Property !,::d Administr~:ive Services Act of 1949, as
.',mended; Section 504 of fire Rehabilitation Act of 1973, as amended; Title tX of the Education Aa'3~!::ndmen~s of 1 ')72, as amended; and Section
303 of the Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(l) AIr items of property shall be p!aced 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
conlinued in use, the dolce shall immediately 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 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)(I} 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 ~he dolce shall release such property to such person as
GSA or its desigloo shall direct.
(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) l'he property shall be used only for the purpose(s) for which acquired and for no other purpose(s)·
(2) There shaft be a wriod of restriction which will expire after such property has been used for the purpose(s) for which acquired for a
period of 18 :r:n'ii!,~"~; fron: ~he~. date ~!lae ;!'. l:!~erty is placed in use, except for such items of major equipment, listed hereon. on which the state
agency designate, n .:lifther p.e!r~.:)d of restriction.
(3', In the, , ..!1~ the pro:,erty is not ~i::~ used as required by (C)(1) and (2) and federal restrictions (B)(I) and'(2) have expired then title
and rig!~ to th,:~ ! ..,,!:iess~on oi :ouch property' r~hall at the option of the state agency revert to the State of California and the dolce shall release
such property to, :,ach person as the state agency shall direct,
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVAT[OIqS, 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, bail, eannibalize, encumber, or otherwise dispose of such property, or remove it
permanently. for use outside the state, without the prior approval of GSA undex (B) or the state agency under (C). The proceeds from any sale,
trade, lease, loan, badmen[, 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 ease 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 dolce. 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 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) !f 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 dolce for the purpose(s) for which acquired, the
dolce 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 shaU be remitted promptly by the donee to the state agency.
(4) The dolce 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 ~equired from time to time by the state agency.
(5} At the option ot ~l~!e state :~t.~'.::::!,'. the donee may abrogate the conditions set fourth in (C) and the terms, reservations, and restrictions
pertinent thereto in (D) by pa~,ment of ~i;:s. ;~mount as determined by the state agency.
(E) THE DONEE AGREES TO TIlE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by th¢~ dolce is on an "as is," "where is" basis, without warranty of any kind.
(2) Where a dolce 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 entitted to reimbursement from
the dolce 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 All{CRAFT AND VESSELS (50 FEET OR MORE IN LENGTH)
HAVING AN ACQUISITION COST OF $3,0430 OR MORE, REGARDLESS i:i,;:' TIlE PURPOSE FOR WttICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and ~' :fictions set forth in the Conditional Transfer Document
executed by the authorized donee representative. F~l -197 DE 12667 4-82 3M