CC Resolution 1996-064^L RESOLUTION NO.96-64
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING
CERTAIN EMPLOYEES TO ACQUIRE FEDERAL
SURPLUS PROPERTY FROM THE CALIFORNIA
STATE AGENCY FOR SURPLUS PROPERTY
BE IT RESOLVED, by the La Quinta City Council, that the employees whose names,
titles and signatures are listed below shall be and are hereby authorized as our
representatives to acquire federal surplus property from the California State Agency for
Surplus Property under the Terms and Conditions attached hereto and marked Exhibit A".
Name Title Signature
TOM HARTUNG. Director of Building & Safetv
PASSED, APPROVED AND ADOPTED by the City Council of the City of La Quinta, California
this 6th day of August, 1 996, by the following vote:
AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt
NOES: None
ABSENT: Council Member Adolph
ABSTAIN: None
GLENDA L HOLT, Mayor
City of La Quinta, California
ATTEST:
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta, California
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^L EXHIBIT A
ThRMS AND CONDITIONS
A) IHE DONEE CEKFIFlES 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
1954; within the meaning of Section 2O3*) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations
of the Administrator of General Servi*
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 purpose* or, If a nonprofit tax*xempt institution or organization, the property is needed for and will he used
by the recipient for educational or public health purposes. including research for such purpose, or for programs for older indivldua* The
property is not being acquired for any other We or purpose, or for sale or other distribution; or for permanent we 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 srrplus personal property issued under
Title VI of the Clvii Ri hts Act of 1964, Title VI. Section 606, of the Federal Property and Adrninistrative Services Act of 1949, as amended,
Section 504 of the Reha*ilitation 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.
*) THE DONEE AGREES TO THE F*)l,OWINC FEDERAL CONDYIIONS:
1) All items of property shall he placed in use for the Iurp*(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 * In the event the property is not so placed in use, or
continued in use, the donee shall immediately notify the stat e agency and, at the donee's expense, return such property to the state agency, or
otherwise make the property available for transfer or other disposalbythe 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 Ser,vioes Adrninistration GSA) on any item(s) of property listed hereoft
3) In the event the property is not so used or handled as required by B)(1) and 2), title and right to the * of such property shall at
the option of GSA revert to the United States of America and upon demand the donee shall releas* such property to such peaaon as GSA or Its
designee shall direct.
C) THE DONEE AGREES TO THE FOU1)WJ*G. CONDITIONS IMPOSED BY THE STATE AGENCT, APPLICABLE TO ITEMS wun.
A UNIT ACQUISITION COST QF *5,000 OR MORE AND PASSENGER MO'IOR VEHICL*, REGARD[SS OF ACQUISITION COST,
EXCEFT VESSELS 50 FEET OR MORE IN LENG'll* 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 heen used for the purpoe(s) for which acqutred for a
period of 18 months from the date the property is placed in use, except for such items of major equipmen* listed hereon, on which the st*te
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 thentitle 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
THE DONEE AGREES TO THE FOW)WING TERMS, RESERVAIIONS, AND REi'IfRICflONS:
1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by B) and C) al:ove
remain in effect, the donee shall not sell. trade, lease, lend, hail, cannibaliza, encunaher, or otherwise dispc** of such property, or remove It
permanently, for use outside the state, witlout the prior approval of GSA under B) or the state agency under C). The proceeds from any sale.
trade, lease, loan, hailment, encumbrnnoe,'***' or other disposal of the property, when such aotion is authortaed by GSA or b
shall he remitted promptly by the doeee to GSA or the state agency. as the case may he y the state agency,
2) In the event any of the pmperty listed hereon is sold, traded, leased, loaned, balled, eannihalaled, eneumlered, or otherwise disposed of
by the donee from the date It reoei'ee5 the property through the period(s) of lime theconditions imposedly B) and C) rmin in effect,
without the prior approval of GSA or the state agency, the donee, at the *on of GSA or the state agency, shill pay to GSA or the state
agency, as the case may he, the prooeeds of the *ISppaI or the*air market value or the fair rCntal value of the property at the time of such
disposal, as determinerl by GSA or the state agency.
*) If at any time, from the date it reoei'ee5 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 dispwe 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 he required from time to time by the state agency.
5) At the option of the state agency, the donee may abr*ate 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.
* THE DONEE AGREES TO THE FOLWWING CONDITIONS, APPLICABLE * ALL rrEMS OF PRoPERrY * IIEREON:
1) The property acquired by the doneeisonan asis, where is"bni* without warrantyofany kitwi
2) Where a donee carries insurance against damages to or loss of property due to fire or other hasards and where loss of or damage to donated
property with unexpired terms,, conditions, reservations, or restrictions occurs,,, the state agency will he entitled to reimbsnsement 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 iteyn*
F) TERMS * CONDITIONS APPLICABLE TO THE DONAIION OF AIRCRAFT AND VESSEL 50 * OR MOREIN LENGTH)
HAVING AN ACQ*ISITION COST OF *5,000 OR MORE, REGARDLESS OF THE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, arid restrictions set forth in the Conditio** Transfer, Document executed
by the authorized donee representative
2'-.S
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