HomeMy WebLinkAboutReso 1993-16995 RESOLUTION NO. 16995
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DESIGNATING AUTHORIZED CITY REPRESENTATIVES TO
ACQUIRE SURPLUS PROPERTY FROM THE CALIFORNIA STATE
AGENCY FOR SURPLUS PROPERTY (CATEGORY l)
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the State Agency for Surplus Property has requested that we
process a resolution to authorize Category 1 representatives (persons who have
authority to sign for surplus property in any amount).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does designate and authorize the officials whose names, titles and
signatures are listed below as the City of Chula Vista's representatives to
acquire federal surplus property from the California State Agency for Surplus
Property (Category I) under the Terms and Conditions attached hereto and
incorporated herein by reference as if set forth in full.
Jo D. Goss
:,~ager ' '"
S Ct
Assistant i y Manager
Presented by Approved as to form by
J n D. Goss ' D. Richard Rudolf~
,- nager Assistant City Attorney
Resolution No. 16995
Page 2
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 S01 of the Internal Revenue Code of 19S4; 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 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, 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 Civil 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 of 1973, as amended, Title IX of the
Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination
Act of 1975.
B. 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 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 donels
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 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 shall release such property to such person as GSA or its
designee shall direct.
C. THE DONEl! AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,
APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER
MOTOR VEHICLE, REGARDLESS OF ACQUISITION COST, EXCEPT VESSRI_q 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).
il:
Resolution No. 16995
Page 3
(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 restriction.
(3) In the event the property is not used as required by (C) (1) and (2) and federal restrictions
(B) (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 as the state agency shall direct.
D. THE DONEE AGREES TO THE FOLLO~/ING 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 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 (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 the case may be.
(2) In the event any of the property llsted hereon is sold, traded, leased, loaned, bailed,
cannibalized, encumbered, or otherwise disposed 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 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 perlodes) 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 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 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 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 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 OD) by payment of an
amount as determined by the state agency.
E. THE DONEE AGRFT~ TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF
PROPERTY L[~ HEREON:
(1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of
any kind.
Resolution No. 16995
Page 4
(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 terms, 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 COhfDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET
OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $S,000 OR MORE, REGARDLESS OF
THE PURPOSE FOR WHICH ACQUIRF/):
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.
Resolution No. 16995
Page 5
Stat~ Agency for Surplus Properly
101 ~r.i.g Tr~ .oo~ ELIGIBILITY RENEWAL APPLICATION
Fulieno., CA 92633 m41 .~-~oo FEDERAL SURPLUS PROPERTY PROGRAIM
Name of organization City of Chula Vista Telephone (6191691-5031
Address 276 Fourth Avenue city Chula Vista C~unt) San DieooZlp 91910
Organization is a:
PUBLIC AGENCY X NONPROFIT AGENCY
__ A. Conservation __ J. Private Education
__ B Economic Development __ K Private Health
C Education __ L. Older Americans Act for Sr. Citizens
__ D Parks and Recreation __ M. Homeless Program
E Public Health
F Public Safety
X G 2 or more listed
__ H Other (Includes NOTE: Categories J-K-L-M
libraLx museums) Number of sites
__ 1. Homeless Program Enrollment or number of clients served __
RESOLUTION
"BE IT RESOLVED by the Governing Board, OB b:*' the Chief Adrninisrative Officer of those
organizations which do not have a governing board, and hereby ordered that the official(s) and/or
em lovee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereb:*'
autEor'ized as our representative(s) to acquire federal surplus property from the California State
Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form."
NAME--(Print or type) TITLE
~id W Mnrri~ A~i~tant City ManaOpr
/
PASSED AND ADOPTED this day of ,19 . by the Governing Board of
by the following vote:
Ayes: ; Noes:_; Absent: .
1, ,Clerk of the Governing Board of
do hereby certify that the foregoing is a full,
true, and correct cop:,' of a resolution adopted by the Board at a meeting thereof held
at its regular place of meeting at the date and by the vote above sated, which resolution is on file in
the office of the Board.
(Signed)
0_,6
AUTHORIZED this day of , 19 , by:
Name of Chief Administrative Officer
(Signed)
FOR STATE AGENCY USE
Application approved: Application disapproved:
Comments or additional information:
Date: Signed: (Title)
II I[' '
Resolution No. 16995
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of February, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
MJa~o_TeR~in~orne~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16995 was duly passed, approved,
and adopted by the City Council held on the 23rd day of February, 1993.
Executed this 23rd day of February, 1993.
,,.-~
Beverly A. Authelet, City Clerk