CC RES 1982-052 RESOLUTION NO. 82-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AUTHORIZING APPLICATION FOR PARTICIPATION
IN THE FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
WHEREAS, the Office of Surplus Property has enacted a program to
allow public tax supported agencies and non-private nonprofit educational
and public health agencies to participate in the Surplus Personal Property
Program; and
WHEREAS, all State, and Local agencies, and private, nonprofit
agencies, are operating in a tight economy and the Donated Personal Property
Program has a way of making budget dollars stretch as far as possible; and
III/ WHEREAS, an Assurance of Compliance with GSA Regulations Under 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,
Section 504 of the Rehabilitation Act of 1973, as amended and Section 303
of the Age Discrimination Act of 1975 must be submitted if the City is
to participate in this program; and
WHEREAS, participation in such program requires that the City submit
an Application for Eligibility; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rancho Palos Verdes DOES RESOLVE, DETERMINE AND ORDER as follows:
Section 1. Approves the filing of an application for participation
in the Federal Surplus Personal Property Program.
Section 2. Authorizes the City Manager or his designee as the City's
representative to acquire Federal surplus property from the California
State Agency for Surplus Property under their Terms and Conditions listed
on the reverse side of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of August, 1982, on the
following roll call vote:
AYES: SHAW, BACHARACH, & MAYOR RYAN
NOES: NONE
ABSENT: DYDA & HEIN
i •
MAY 4 R
ATTEST:
ve-c
xi .,
I, MARY JO LOFTHUS, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above and foregoing Resol. No. 82-52 was duly
and regularly passed and adopted by the said City Council at a regular
meeting thereof, held on the 17th day of August, 1982.
k 4/ vt-71.-
LE CITY OF/7/1.vi-},,? zRn/ki
ALO VERDES
•
• TERMS AND CONDmONS .
•
(A) THE DONEE CERTIFIES THAT:
(1) It is a,public agency:or a nonprofit educational or public health institution of organization,exempt from taxation under Section 505
of the internal Reftnve Code of 1934;within the meaning of Section 203t1)of the Federal Property and Administrative Services Act of 1040,
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 carryiny out or promoting for the residents of is givai
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 fur 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.
t 3) Funds IN available to pay all costs and charges indent to donation. • .
(4) This transaction shall be lubject to the nondiscrimination regulations governing the donation of surplus personal property imbed
under Title VI of the Civil Rights Act of 1%4.Title VI.Section 6064 of the Federal Property and Administrative Services Act of 190,as
amended,Section 504 of the Rehabilitation Act of 1973,as amended,and Section 303 of the Aga Discrimination Act of 1975. . -
(8) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDIT'IONS: -
(13 All items of property shall be placed in use for the purpose(s)for which soquired within one year of receipt and shall be continued in
use for such purposets) for one year from the date the property was placed in use. In the event the property is not in placed in use,et
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 sti usable as determined by•
the state agency. . .
(2) Such special handling or use limitations as an Impwed by Genemi Services Administration(GSA)on any Dees(s)of property Oster •
hereon.
(3) In the event the property is not so used or handled as required by(BK 1)and(2),title and right to the possession of such gingerly
shall at the option of GSA revert to the United States of America and upon demand the donee shall re least stitch property to inch person ere
GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A
UNIT ACQUISITION COST OF 53.000 OR MORE AND PASSENGER MOTOR VEIUCLES,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 shall be a period of restriction which will expire after such property has been used for the purpose(:)for which acquired for s
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 restriction. •
(3) In the event the property is not so used as required by(CX 1)and(2)and federal restrictions(B)(1)and(2)have expired then this
and right to the possession of such property dull at the option of the state agency revert to the State of California and the donee dull release
such property to such penes as the state agency shall direct. -
(D) THE DONEE AGREES TO THE FOLLOWING TERMS.RESERVATIONS,AND RESTRICTIONS: -
t 1) From the date it receives the property listed hereon and through the period(:)of time the conditions imposed by(8)and(C)above
remain in effect,the donee shall not sell,trade,lease,lend,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(8)or the state agency under(C).The proceeds from any
trade,lease,loan.bailment,encumbrance,or other disposal of the property,whtns such action is authorized by GSA or by the data agency,
shall be remitted promptly by the donee to GSA or the state agency,as the car nnsy be. • ••
.
(2) In the event any of the property 'lasted hereon is sold.traded,lased,loaned,bailed,cannibalized,encumbered,of otherwise disposed.
of by the donee from the da'e it receives the property through the period(s)of time the conditions imposed by(B)and(0 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 data '
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 tines of suds
disposal,as determined by GSA or Use state agency. .
(3) If at any tuns,from the date it receives the property through the psriodts)of time the conditions Imposed by(B)and(C)remain fiw
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 tbs state agen.y,return the property to t'te 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:has be remitted promptly by the donee to the state agency.
(4) The donee shalt 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 tints by the state agency.
(5) At the option of the state agency.the donee may abrogate the conditions set forth in(C)and the tams,reservations,and restriction •
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 is,""where Is"basis,without warranty of any kind. .
(2) Where a donee carries insurance apinst damages to of loss of property damage too V •
p party dos to fire or other hs:ands and where loss of or datna
donated property with unexpired terms,conditions.teservatiot,s.or restrictions occurs,the state agency will be entitled to reimbursement from
the donee out of the insurance proceeds,of an amount equal to the unamortited portion of the fait value of the damaged of 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 Or$3.000 OR MORE,REGARDLESS OF THE PURPOSE FUR WHICH ACQUIRED:
The donation shall be subject to the ••tans, conditi ns.reservations,and restrictions sit f is the Conditional Transfer Doeninestet
executed by the authorized donee repeat I. 4
• T.., F80.2411 OS 13201 Nil 3M