Loading...
HomeMy WebLinkAboutResolution No. 5255 RESOLUTION NO. 5255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING CERTAIN PERSONS TO REPRESENT THE CITY IN ACQUIRING FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY HEREBY RESOLVES AS FOLLOWS: SECTION 1. That it is the desire of the City Council of the City of Downey to renew the city's eligibility to acquire Federal surplus property. SECTION 2. The following City officials are authorized to represent the City of Downey to acquire any Federal surplus property necessary or helpful for public purposes in accordance with the terms and conditions contained in the application: 1. Gerald M. Caton City Manager 2. William A. Ralph Director of Public Works 3. Ronald S. Irwin Fire Chief 4. D. Clayton Mayes Police Chief 5. Richard C. Redmayne City Engineer SECTION 3. The City Clerk is hereby authorized to complete and certify the attached application form which is made part of this Resolution by this reference and the City Manager is hereby authorized to execute the Application. APPROVED AND ADOPTED THIS Z3rdday of January , 1990. / . // A6 Randall R. Barb, Mayor ATTEST: 1"- 4.'"‘ City Clerk ( / / I in resolution was dul ado ted HEREBY CERTIFY that the foregoing duly adopted the City Council of the City of Downey at a regular meeting thereof on the 23rdday of January , 1990, by the following vote to wit: AYES: 5 Council Members: Hayden, Paul, Cormack, Boggs, Barb NOES: 0 Council Members: None ABSENT: 0 Council Members: None At f / / it eX,7c.Ce—e City Clerk #13/020 State of LIiLtULIIL 1 EASY Form 201 -A 11/89 Dept. of General Services State Agency for Surplus Property • 2325 Moore Avenue Fullerton, CA 92633 (714) 992 -0900 ELIGIBILITY RENEWAL APPLICATION FEDERAL SURPLUS PROPERTY PROGRAM Name of organization City of Downey Telephone (213) 869-7331 Address 11111 Brookshire Ave .City, Downey County Los AngP1 ac Zip 9f19d1 Organization is as PUBLIC AGENCY X • A. Conservation T B. Economic Development R. Private Yalth J. Private Be C. Education r ._.. : . Parka i Recreation L. Older Americans Act for ar.Cits. - .._,. Public Health ---- Homeless Program F. Public Safety 2 _C. 2 or sore listed NOTE: Categories J- E -L-11 H. Other (includes library /museums) Number of sites /a • I. Homeless Program enrollment or number of clientp served 84 , 000 R E S O L U T I O N •BE IT RESOLVED by the Governing Hoard, OR by the Chief Administrative Officer 8f theme organizations which do not have a governing board, and hereby ordered that the official(.) and /or employee(.) whose nee(.), title(.), and signature(.) are listed below shall be and la (are) hereby authorized as our representative(.) to acquire federal from the California State Agency for Surplus Property from Cora holy p on the reverse side of this form." y the and surplus listed NAME — (Print or type) TITLE SI Gerald M. Caton City Manager ,A William A. Ralph Director of Public Works 4 / 1 ;g 2 ;,„ At / Ronald S. Irwin Fire Chief / D . Clayton Mayes Police Chief J Richard C. Redmayng City Engineer PASSED-AID ADOPTED this 23rdhay of January 90 i9 ---- by the Commies Board of the City of Downey by the fain vote: • Ayes: 5 ; sows 0 = Absent: 0 . i, J u d i t h - E . McDonnell Clark of the Oeversiss )hard of the City of Downey de hereby certify that the females full, true., ,,and correct c of • remolutiam adopted by the Board at r • tf . !!$t its regular place of meet a r sesolut ,.�r p ea f i,3+� n . th ice ie . . _ at the date sad by the vote U4L stated. which dos 40 i L - / OR AUTHORIZED this day of tors Ihmme of Chief Administrative Officer 'Title (Sinned) RI STATE AGENCY USE Application approved= Application disapproved = Comments or"additional information: Date • Signed: (Title) TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit 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 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 s 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, including research for such purpose, or for programs for older individuals. 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 Cir Rights Act of 1964. Title Vi, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act • 1973. as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (9) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purposes) 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 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 thc event thc property is not so used or handled as required by (BX 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 shall release such property to such person u GSA or, its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A t NOT ACQUISITION COST OFS5,000OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESS :. 30 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shalt be used only for the purpose(s) for which acquired and for no other purpose(:) (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 restrict4on. (3) In the event the property is not so used as required by (Cx 1) and (2) and federal restrictions (BX 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 California and the donee shall release such property to such person u the state agency shall direct. (0) 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 is 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 (B) 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 theme. 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 tlx 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 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 receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect. any of the proper ** 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 aer 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 depart m,- . r agency of the United States, sell. or otherwise dispose of the property. The proceeds from any sak shall be remitted promptly by the donee to the state agr:'cy (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 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 against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired t ;rms, conditions, reservations, 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 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 (30 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF SS,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the authorized donee representative. N. • Via.