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HomeMy WebLinkAboutResolutions - No. 92-104A. OR ' Ca. State Dept. of General Services Office of Surplus Property 1421 No. Market Blvd. Sacramento, Ca. 95834 SP Form No. 202 (2/87) RESOLUTION NO. ,-92-104 "BE IT RESOLVED by the Governing Board, OR by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordercd that the official(s) and/or employees) whose name(s), title(s), and signature(s) are listed below shall be and is' (are) hereby authorized 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.) Dennis Callahan Joel Harris Janet Adame TITLE Building & Maintenance Superintendent Purchasing 0fficpr Buyer th PASSED AND ADOPTED this 17 day of June the City of Lodi, California by the following vote: Ayes: 4 ; Noes: ; Absent: 1 r Alice M. REimche SIGNATURE A.a.,/}a444: , 19 92 , by the Governing Board of City ,Clerk of thei{}BS EAp{ City of Lodi c3,a: f , do hereby certify that the foregoing is a full. true. and correct copy of a resolution adopted by the lioAr4(at a -Pg111 a r meeting thereof held at its regular place of meeting at the date and by the vote above stated, which resolution is on file in the office of the Board Lity of Lodi Name of organization P.O. Box 3006 Mailing address Lodi San Joaquin 95241-1910 (Signed) (/fir City County Z1P code ALICE M. REIMCHE, CITY CLERK C. AUTHORIZED this day of ,19 , by: City Name of chief administrative officer Name of organization Mailing address County Zip code _ (Signed) Title +DOTE: IF YOU HAVF A GOVERNING BOARD, SECTIONS "A" AND "B"' SHOULD BE COMPLETED. IF YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED. TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency; ora nonprottt 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) !fa public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents ofa given political am 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 rue or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval of the sure igency. (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. u amended. Section 504 of the Rehabilitation Act of 1973, as amended. Title !X 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 CONDmONS: (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 is use. the donee shall immediately notify the state agency and. at the d onee'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 dot so used or handled u required by (3)(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 COST OF 55,000 OR 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 piaccd 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 so 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 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. :end, 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 orthc 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 t he date it receives the property through the period(s) of time the conditions imposed by (3) 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 of the state agency. (3) If at any time, from the dace it receives the property through the period(s) of time the conditions imposed by (3) 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 aaotherdonee or another state agency oradcpartmcnt 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 nuke re forts 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 if basis. without warranty of any kind. (2) Where a donee carries insurance against damages to or loss of property due to are 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) HAVINC AN ACQUISITION COST OF 55.000 0R 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 th authorized donee representative.