Resolution - 5570RESOLUTION NO. 5570
A RESOLUTION. OF THE CITY.COUNCIL OF THE CITY
OF WEST COVINA NAMING AUTHORIZED REPRESENTATIVES
OF SAID CITY TO SIGN FOR AND ACCEPT.FEDERAL.
SURPLUS PERSONAL PROPERTY.
WHEREAS, Public Law 81-152 established the Federal Property.
and Administrative'Services Act of 1949.; and
WHEREAS, Public*Law 94-519 amended said Act to_permit the
donationof federal surplus- personal property through a.aesignated
State agency. -to any public agency to assist"in carrying out or promoting
for the residents ofi;a given political area,.one or more public purposes,
such as, but:not limited to, conservation, economic development,
education, parks and recreation, public health and public safety;, and
WHEREA'5,.=.certain conditions are imposed by General.Services
Administration,_and:California.vepartment of Education in connection
with the acquisition of such property;:and
WHEREAS, the City•of West Covina desires to,establish its
eligibility for such property;
, o
IT'IS THEREFORE, certified that:
I. The ,.City of West ,Covina •is a public -agency pursuant
to State- law, rules and -regulations ofs,..th.e.`. State. Deparam:ent-. of` Education,
and within the. mean ing of Section 203(j) of the'Federal Property -and
• Administrative Services.Act•of 1949.,:as.amend'e•d.,.and the regulations of
the Administrator-of.General Services.-
II.— The property is needed and'wwill.be.used by the City
.,for carrying out or` promoting, -fort.'the-�res Aden'ts;:'one: or•'�more`:public
purposes, including research for: such purpose.. The property is not
being acquired for.any other use or purpose,, or for sale'or other dis-.
tribution;. or for p"ermanent use outside the state, except with prior
approval'of the -state agency..
III. Funds are available .to pay the.costs.of care and hand-
ling incident to donation "including:packing:, preparation for shipping,
loading, and transporting such property..
IV. This•`.transaction shall be;..subject to the ribndiscrimin-
ation 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 194.9,
as. amended', and Section 5,0�'� of .the Rehabilitation Act of 1973, as amended.
A.. --THE DONEE HEREBY AGREES TO THE FOLLOWING.TERMS AND CONDITIONS:
I. All items of,.property"shall be' placed in use for the
purpose(s) for which:acquiredwithin orie.year of receipt and shall be
continued in use for'such purpose(s) for one year from the date the
•property was placedin use.,:: In the`°event the property is not so placed
in use,, or:-continued'...in use,:,.the .donee'.,shall ,immediately .notify the ..
estate 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.Gthe state agency, provided the property is still usable
as determined.by,t!he-state agency.
II Such 'special handling or use limitations as.are imposed
by General Services-Administration.(GSA). on ,any„.item(s), of property
`listed hereon..
III.. In the event.the property, is not's,o used or handled as
-required by,.(A:.I) and (A.:Il),title and riglit. to `the possession of such
property shall at the:opti.on of GSA +revert to the United States of
• America, and upon.
pon demand; the donee shAll.release such property to such
,personas GSA or its designee shall direct.
B. THE-'DONEE-AGREES'TO THE FOLLOWING CONDITIONS IMPOSED BY THE
STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION
COST OF $3,;'0.00 OR.,MORE `AND''.PASSENGEP `MOTOR:VEHICLES, REGARD-
LESS OF ACQUISITION COST, 'EXCEPT VESSELS 50`FEET OR MORE IN
LENGTH AND,��AIRCRAFT:
I The property._ shall be used only... for',.the purpose (s) ,for
which acquired and for no other purpose(s),.
II'. There shall be a period of restriction which will expire.
after such property has been used for the.purpose(s,) for which acquired
fora period -,of 18 months.frbm the date the property is placed in use,
except for such.items.'of major equipment,.lis.ted her on which the
state .agency, designates*.a further period.of restriction.
III. In the event the property is not so used as required by
(B.I and B..II) and federal restrictions ;(.A. i and ..:II) have. expired:;
then the -title and rght.to_:the.possession.:of such property shall, at
the option of the stage agency, revert to the State of California and
the donee shall release such. property*to.such..person as the state agency
shall direct.
C . THE DONEE. •;AGREES TO THE FOLLOWING TERM'S , RESERVATIONS, AND
• RESTRICTIONS:
I. From the.date it receives the -property listed hereon
and through the period(s)_of time the conditions imposed by (A.) and
(B.) above remain in effect, the donee shall -not sell, trade, lease,
lend,' bail, cannibalize, encumber- or otherwise dispose of such property,
or-r.emove it*permanently, for -use outside the -state; without the prior
approval. of G:SA.under (A..).,or the state agency under (B.). The proceeds
from any sale, trade, lease, loan; bailment, encur2brance,.or other
disposal of the,property, when such. action -'is authorized by GSA or'the
state agency, steall::=be .rerlitted proiizptly.:by..-.ahe _donee to GSA or the
state- ..agency, ; as the case .'may be J.
II. In the event :any of the property listed hereon' is sold.;
traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise
disposed ofby .the donee from the date it receives the property throughhe period (s) -of time the conditions imposed by (A. ) -and (B.) _ remain in
e fect, without.the prior:a-pprova-1 of'. 'GSA or..the state agency, the donee,
;at the option.o;t
f GSA or he 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 .th.e ;;fair' rental;.:value .of _the:.:.pr;op;er,ty..:'at- the:'time of
such:_:d-i,spos'al ;::•.as .determined by•: GSA: or the state agency.
III. if .';at any time,.from.thery'da;te'it receives the property.'
through .-the - period (s) of time the ' condIt�ions': imposed by (A.) and (B.)
•remain in effect, any. of .the..property.; listed_. hereon' is ,no longer suitable,
..usable, or further"needed by the.doriee for thpurpgse(s) for which
A' _
acquired, the donee shall promptly -notify the state agency, and shall,
as -directed by the,'stage agency, return the.property to the state agency,
release .the . property,. to another. donee .'or another; As,tate agency or a depart-
ment or agency of the United States,. sell,`orotherwise dispose of the
property. The.proceeds from any sale'.shall be.remitted promptly by the
donee to the. state: agency.`'
t
,;: - 2.-
D. THE DONEE AGREES TO.THE FOLLOWING CONDITIONS,-APPLICABLEr
TO ALL ITEMS OF PROPERTY LISTED HEREON:
I.:. The property acquired by the donee is on an "as is"
basis, 'without warranty of any kind.
• II...: 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:pro'perty with..unexpired terms, conditions, reservations,
- -or restrictions occurs,.the state agency will be entitled to reimburse-
ment*from the donee out of,the insurance proceeds, of -an -amount equal to
the' unamo:rtize-.d: portion._ of.:>the.:.:,fair value:>of.: the :.damag.ed-•or:• destroyed
donated items. "
E. TERMS AND CONDITIONS APPLICABLE TO'THE DONATION OF AIRCRAFT
AND VESSELS (50:FEET OR MORE ;IN LENGTH) HAVING AN ACQUISITION
COST OF $3,000 OR MORE, REGARDLESS OF.THE PURPOSE FOR IHICH
ACQUIRED:,
The donation shall be subject to .the terms, conditions,.reserv-
ations, and restrictions set forth in the Conditional Transfer`Document
executed'by the authorized donee representative
NOW,',THEREFORE, IT.IS RESOLVED.by the City Councilof said
City. that:.
The Office of Emergency.Services shall_be the administrative .
agency for said City,:. -
FURTHER RESOLVED by'.the'City.Council, and hereby ordered
that the official (s) whose namd,(s)'; title (s) , and . signature (s) listed
.below 'shall: be and is (are) hereby authorized as. our representatives)
•to acquire federal s.urplus.'property.from the California,State Agency.
for Surplus Property under the Terms .and'.Conditions listed herein,
regardless.of acquisition cost, in accordance with the conditions
imposed by -the above,agencies y..
NAIE TITLE SI ATURE
—Herman-R. Fast City`.Manager/Drec`tor OES
z.
r Controller/As'si.stant,to.
Leonard Eliot City Manager/Director OES
FURTHER,RESOLVED that -this resolution of authorization .shall
remain in full force and effect until superseded or rescinded by resol-
ution of this Council.
PASSED AND ADOPTED THIS 24th 'day of- October 1977,
by -the City Council.",of the City of West Covina, State:.of;California,
by the following, vote: .
• AYES: :..Councilmen: Miller, Chappell, -Browne Tice, Shearer.
NOES: Councilman:. None
ABSENT:!' Councilman: None
ATTEST:
Cldrk Mayor
=3
Resolut ion No.,. 5570.
I, Lela W. Preston, City Clerk of
the City
of .West Covina, California,
do hereby cettify.th,`_foregoing
is a full,
true,,and correct copy of
a"xe,solution.adopted!by"the said
Council at
a regular
meeting thereof, held at its regular
place
of meeting. at the time and
•
by�the.vote-above stated, which
of said Council.
resolution
is on file in the office
Dated
- ;
City.Clerk
APPROVED AS TO FOR:
ity Attorney
E
California State Department of Education
State Agency for Surplus Property
721 Capitol Mall, Sacramento, CA 95814
SASP Form No. 202 (10-77)
RESOLUTION
"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 ordered that the official(s) and/or employee(s) whose nanle(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 'Teens and Conditions listed on the reverse side
of this form."
NAME
(Print or type.)
TITLE
Herman R. Fast City Manager/Directer
OES
Leonard Eliot
Controller/Assistant
to City Manager
Director OES
SIGNATURE
PASSED AND ADOPTED this 24th day of October 19 77 by the Governing Board of
the City of West Covina California
by the following vote: Ayes: 5—; Noes: 0—; Absent:-0 .
I, Lela Preston
Clerk of the Governing Board of
the City of West Covina do herchv certify that the fregoing is a full, trice, and
correct copy of a resolution adopted by the Board at aregular erecting 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. (Per Resolution
City of West Covina No. 5570)
Offi ep of RmergPnc-v SPYVi r-t-
Name of organiza ion
1444 West Garvey Avenue
Mailing address
West Covina Los Angeles 91790
City County ZIP code --TT
OR
AUTHORIZED this day of
Name of chief administrative officer
Name of organization
Mailing address
[Signed_ j
City County ZIP code
, 19 , by:
0
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(1) It is'a public agency; or a nonprofit educational or public health institution or organization, exempt from taxation under Section 5b1
of the Internal Revenue Code of 1954; 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, and including research for such purpose. 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, and Section 504 of the Rehabilitation Act of 1973, as amended.
(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 item(s) of property listed
hereon.
(3) In the event the property is not so used or handled as required by (13)(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 $3,000 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 purposes) 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 !he event the property is not so used as required by (C)(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 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 (I3) 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,
sha11 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, baile.,d, 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 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 (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)
HAVINGAN ACQUISITION COST OF $3,000 OR 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 the authorized donee representative.
F76-233 DE10780 7-77 7,500