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Home My WebLink AboutResolution 134-93 RESOLUTION NO. 134-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING CERTAIN INDIVIDUALS TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY WHEREAS, the City of Atascadero is a public agency and has been accepted to the Federal Surplus Property Program; and WHEREAS, the City Council of the City Atascadero did, by the adoption of Resolution No 2-90, renew the City's eligibility in the Program and authorized certain employees to purchase federal surplus property from the California State Agency for Surplus Property; and WHEREAS, it is necessary to amend Resolution No. 2-90 by revising the list of authorized representatives previously approved. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . The employees listed below shall be and are hereby authorized as the City of Atascadero's representatives to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed in Exhibit "A". ANDREW J. TAK A, dity Manager MICHAEL P. McCAIN, Fire Chief RICHARD H. McHALE, Police Chief SECTION 2. The State Agency for Surplus Property is hereby requested to delete the following persons previously authorized: Ray Windsor, Mark Joseph and Cathy Sargent. SECTION 3. The City Clerk is hereby ordered to provide the State Agency for Surplus Property a certified copy of this resolution upon adoption. RESOLUTION NO. 134-93 EXHIBIT "A" TERMS AND CONDMONS (A) THE DONEE CERTIFIES THAT: (1) it is a public agency;ora nonprofit institution or organisation,exempt from taxation Nadu Section Sol of tba Intend Revenue Cods of 1954;within the meaning of Section 203(j)of the Federal Property and Administrative Services Act of 1949.as amended.wad the regubtioaa of the Administrator of General Services. (2) If a public agency,the property is needed and will be ased by the recipient for carrying out or promoting for the residants of a given political area one or more public purposes,or,if a nonprofit tax-exempt into ntion or organisation,the property is needed for and wilt be used by the recipient for educational or public health purposes,including research for surd►purpose,or for programs for older individuals.The property is not being acquired forany other use or purpose,or for sale or other distribution;or for perm mot on outside the state,except with prior approval of tie state agency. (3) Funds are available to pay a0 cores and ebang n incident to donation. (4) This transaction shall be subject tothe nondiscrimination regulations governing the donation ofturpin personal PrOP"INSUCT!under Title Vt of the Civil Rights Act of 1964.Title Vt.Section 606.of the Federal Property and Administrative Services Act of 1949,asamended.Section$04 of the Rehabilitation Act of 1973,as amaended.Title IX of the Education Amendments of 1972.as amended.and Section 303 of the Ago Discrindsation Act of 1973. (8) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shad be placed ism for dw parpon(s)for which acquired within one year o eeaipt and shield be eotninued in use for such purpose(s) for one year from the date the ptoperty was placed ism.to the event the property is not so placed in ase,or coutinued in use,the donee sball immediately notify the state agency and.at the dome's expeam return such property to the state agency,or otherwise make the property available for trawler or other disposal by the state agency.provided the property is SO usable as determined by the state agency. (2) Such special handling or use limitation as are imposed by General Services Administration(GSA)on any hom(s)of property fisted hereon. (3) In the event the property is so so enact or handled"required by(Bx t)and(2L title and right to the possession of sch property sball at the option*(GSA revert to the United States of America and upon demand the donee shall release such property to Such parson as GSA or its 4nigaft*all direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY.APPLICABLE TO ITEMS WITH A UNiT ACQUISITION COST OFS3,o00OR MORE AND PASSENGER MOTOR VEHICLES.REGARDLESS OFACQUISITION COST.EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shad 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 wiltsxpire after such property has been used for the purposa(s)for wbkb"Oh"fora period of IS 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 pend-d restriction. , (3) to the event the property is ant so used"required by(C)(I)and(2)and federal rests«tions(B)(t)and(2)have expired than titkand right to the possession of such property shallot the option of the stato agency raven to the State of California and the dorms shall release such propertyto such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS.RESERVATIONS.AND RESTRICTIONS: (1) From the date it receives the property listed beraon and through the periods)of time the conditions imposed by(B)and(C)above remain in affect.the donee shad not sell.trade.lease.lead,bak consilallIM 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 sorts agency under(C1.The proceeds from soy sate.trade.Isom has.bodement,encumbrance.or other disposal of the property.wbeasueh action is authorized by GSA or by the state agency,shall be remitted promptly by tba donne to GSA or the state agency,as the cine may be. (2) In the event any of the property limed ieemom is sold.traded.lemed.loaned.bailed.cannibalized.a neumberod.orotberwite disposed of by the donee from the date it receives the property through the petiod(s)of time the conditions imposed by(8)and(C)remain in effect.without the prior approval of GSA or the state agency.the donee,as the option o(GSA or the state agency.shad pay to GSA or the state agency.as the case may be.the proceeds of tbedisp+ssl or the fair market value or the fair reatwi Yalu:of the pmpwq at the time of such deposal.as determined by GSA or the sofa agency. (3) If at any time,from the Jute`it recsites the property through the percent)of time the conditions imposed by(B)aad(C)remain is►etfect,any of the property limed bereen ip iso longer suitable.usable.or ftrtfur needed by tha dour for the putpose(s)for which acquired.thedones lsoll promptly notify the mass sgency. and shall.as directed by the stateagency.return the property to the state agency.release the property to samberdow ora"Iter tease agency ora department or agency of the United States.sell,ur otherwise dispose of the property.The proceeds from any sale SUN be mmkftd promptly by that donee to the state agency. (4) The donee shall make reports to the state agency on the use.coadision,and location of the property listed bomom.and onedier path"matters as maybe enquired from titte0 to time by the Stec agsacy (5) At the optiom of the state agency.thodonee may abrogate the cooditione set forth in(C)aad the Terms.resenstiow.aod restrictions ptrnincm thereto in(D) by payment of an amount as determined by the stats aglrncy. (19) THE DONEE AGREES TO THE FOLLOWING CONDt'1'IONS.APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The piny acquired by the donna is am an In is."'&barer is'basis.without warranty of any kind. (2) Where a donee carries iaauraom agaimi damages to or loss of propertydue to fire or other haxarde std where loss of ordamage to donated property with urcxpired terms,conditions,reservatinos,a testtictieess occssre.the tate agency wiR ba cashiN to reirsabwrsattssnt from the dosna ont esFtba insursneops of an amount equal to the amamordssed portion of the fek value of the damaged or destroyed doomed itatss. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(30 FEETOR MORE 1N LENGTH)HAW AN ACQUISITION COST OF SS,M OR MORE.REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED; The donation shad be subject to the terms.conditions,reservation*and restrictions set forth in the Cosset doral Transfer.Document executed by the authorized donee representative. Resolution No. 134-93 Page Two On motion by Councilperson Luna and seconded by Councilperson Bewley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo NOES: None ABSENT: One Seat Vacant ADOPTED: November 23, 1993 ATTEST: CITY OF ATASCADERO _ By: ---� LEE RABOIN,/Ci jiy Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MO A ON, City Attorney