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HomeMy WebLinkAboutRES CC 1990 709 1990 0919RESOLUTION NO. 90 -709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RESCINDING RESOLUTION 84 -87, AND AUTHORIZING CERTAIN CITY OFFICIALS AND EMPLOYEES AS THE CITY'S REPRESENTATIVE TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY WHEREAS, the federal government makes surplus property available to non - profit organizations and government entities such as the City of Moorpark through the California State Agency for Surplus Property; and WHEREAS, said federal surplus property is available to the City of Moorpark, to use in compliance with the terms and conditions set forth by the California State Agency for Surplus Property, pursuant to Exhibit "A" which is attached hereto and made a part of this resolution as though fully set forth herein; and, WHEREAS, the City Council acknowledges that it is in the best interest of the City to consider this equipment, and purchase this equipment for use in its service to the citizens of Moorpark; and, WHEREAS, only authorized officials and employees of the City may obtain said equipment for City use from the California State Agency of Surplus Property, and by rescinding Resolution 84 -87, and adopting this resolution, the City causes the list of City Officials and employees hereby authorized to acquire said property to be current; IT IS HEREBY RESOLVED by the City Council of the City of Moorpark as follows: Section 1. The City Council of the City of Moorpark hereby orders that the names of the officials and City employees whose names, titles and signatures are listed below shall be and are hereby authorized as our representatives to acquire federal property from the California State Agency for Surplus Property under the terms and conditions pursuant to Exhibit "A ", which is attached hereto and made a Fart of this resolution as though set forth herein. NAME TITLE Bernardo M. Perez Mayor n SIGNATURE Steven Kueny City Manager Richard T. Hare Deputy City Manager r r Susan Cauldwell Assistant to the Citv Manaaer..C(t,� 1 Donald P. Reynolds Jr. Management Analyst PASSED AND ADOPTED at a regular meeting of the City Council of the City of Moorpark on the 19th day of September, 1990. &Z��� rv--� C Bernardo M. Perez, Mayor ATTEST: MOORPARK BERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 90 -709 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of September , 1990, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HARPER, LAWRASON, MONTGOMERY AND MAYOR PEREZ NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 21st day of SEPTEMBER _ , 1990. Lillian E. Kellerman City Clerk 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 EXHIBIT A TERMS AND CONDITIONS ) 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 1934; within the meaning of Section 2036) 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, (he 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 underTitk VI of the Civil Rights Act of 1964, Title V1, 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 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 items) of property listed hereon. (3) In the event the property is not soused 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 as GSA or its designee shaU direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COSTOF $5,0000R MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 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) (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 restnction. (3) In the event the property is not soused as required by (C)(1) and (2) and federal restrictions (11)(1) and (2) have expired then title and right to the possession 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 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 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 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 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 property listed hereon is no longer suitable, usable, or further needed by the donee for the purposes) 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 depart ment or agency of the United State, 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 locatwn of the property listed hereon, and on other pertinent matters as maybe 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 70 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 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 CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 55,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and re,trtettons set forth in the Conditional Transfer, Document executed by the Authorized donee representative.