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HomeMy WebLinkAboutAGENDA REPORT 1990 0919 CC REG ITEM 08TBERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Counclimember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: MOORPARK irEnnB•T STEVEN KUENY City Manager MOORPARK, CAUFORNIA CHERYL J. KANE City flag City Attomey o U of RICK RICHARDS, A.I.C.P °9a , Director of y A munity Development ° ''y . DENNIS DELZEIT f L-11 City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer M E M O R A N D U M The Honorable City Council Donald P. Reynolds, Jr., Management September 10, 1990 Analys SUBJECT: Consider Resolution Updating List of City Officials and Employees Allowing the City to Acquire Federal Surplus Property for Use as Emergency Services Equipment from the California State Agency of Surplus Property Summary The following report requests that the City Council consider and adopt the attached resolution thereby rescinding Resolution 84 -87, and enabling current City officials and staff to acquire federal surplus property from the California State Agency of Surplus Property, (Agency) . The Agency is requesting that the :'ity update this resolution to include the names and signatures of current City officials and employees, and by doing so, will allow current staff members and officials to utilize this resource. Staff would like to consider the acquisition of federal surplus property from the Agency, for use as emergency services equipment. Background In 1984, the City adopted Resolution 84 -87, which enabled the Mayor, City Manager, Director of Community Development, and the City Clerk to acquire federal surplus property from the Agency. Because the State's system for acquisition is one where the authorized individual may obtain surplus equipment based on credit to the City, the resolution protects the City's interest by placing each individual's name and signature on the list, thus preventing a fraudulent use of this system, and allowinc; current City officials and 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Surplus Property Setember 12, 1990 Page 2 staff to proceed with the acquisition of said property. This resolution will require an annual up -date in order to assure that the City's representatives names are current. Staff is returning to the City Council with the intent of updating the list, so that an emergency generator and other surplus property can be considered for purchase at price which is significantly less expensive than the cost of new equipment. Discussion Staff has been developing the Moorpark Disaster Plan for the past two years, and in doing so, the need for equipment to be used during a major City emergency has been identified. The most significant piece of equipment is the emergency generator, which will provide back -up power to City Hall and the Community Center when the regular source of power is not available. Other emergency related equipment to be considered for acquisition through this resource may include; cots, blankets, sleeping bags, kerosene lamps and other items needed for overnight accommodations in an emergency shelter. On Tuesday, September 11, 1990, staff visited the Agency's warehouse, and surveyed the quality, quantity and types of property available to the City from this resource. There is an ample amount of surplus emergency shelter related goods and generators available, which meet the City's specifications. These items are in good condition for temporary uses. In 1988, staff developed specifications for the emergency generator which is the basis for the $23,000 appropriated during 1989/90, and re- appropriated for this fiscal year. The specifications divide the costs as follows; $18,000 to $20,000 for a new generator, $1,800 for labor and parts for installation, and $500 to accommodate the equipment with a concrete foundation. It was recommended by three different electricians, that the City acquire a generator which can run on diesel fuel and produce between 80 to 100 kilowatts (KW's) of electricity. The assessment of electrical needs (KW's) excludes the air conditioning units at City hall. Diesel fuel is preferred over gasoline because it will not evaporate as fast as regular casoline when required to sit for long periods of time. Currently, there is one diesel generator available from the Agency at a cost to the City of $1,500, which produces more than 80 KW's. There are several smal -_er diesel generators Surplus Property September 12, 1990 Page 3 available which produce between 60 and 65 KW's each, and cost between $800 to $1,500 per generator. Staff will be pursuing various options in the development of final specifications for acquisition of the generator(s), including, the possibility of using two small generators in tandem rather than relying on one large generator. Recommendation: That the City Council: 1) . Authorize the Mayor to sign Resolution Number , rescinding Resolution 84 -87, thereby enabling current City officials and staff to acquire federal property from the State Agency of Surplus Property, and; Attachment: Resolution RESOLUTION NO. 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 sa'_d Froperty to be current; IT IS HEREBY RESOLVED by th�� Cty .ouncil 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 p;rt of this resolution as though set forth herein. NAME TITLE SIGNATURE Bernardo M. Perez Mayor Steven Kuenv City Manager Richard T. Hare Deputy city Manager Susan Cauldwell Assistant to the City Manager Donald P. Reynolds, Jr. Management Analyst PASSED AND ADOPTED at a regular meeting of the City Council of the City of Moorpark on the 1-9th day of September, 1990. Bernardo M. Perez, Mayor ATTEST: Lillian Kellerman, City Clerk EXHIBIT A 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 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, 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 forolder 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 arc 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 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 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 as 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 COSTOFS5,000OR 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 restriction. (3) In the event the property is not soused as required by (Cx 1) and (2) and federal restrictions (13)(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 slate 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 anytime, 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 purpose(s) for which acquired, the donee shall promptly notify the stale 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 stale agency on the use, condition, and loi aeon o' 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 fonh 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 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 restr ct om a,ct fonh in the Conditional Transfer, Document executed by the authorized donee representative.