CC Resolution No. 4573 . i ~
~ RESOLUTION N0. 4573
~
~ A RESOLUTION OF THE CLTY COUNCIL OF THE CITY OF CUPERTINO
~ PROVIDING FOR THE ACQUISITION OF FEDERAL SURPLUS PROPERTY
I WHEREAS, by Public Law 94-519, the Federal Government has authorized the
~ donation of federal surplus property to any public agency to assist in carTying
~ out or promoting for the residents of a given political area one or more public
~ purposes, such as, but not limited to, conservation, economic development, edu-
j cation, parks and recreation, public health and public safety, and
f
, WtiEREAS, certain terms and conditiona are imposed by the California State
, Agency for Surplus Property in connection with the acquisition of such property;
; a list of such Cerms and conditions is attached hereto as Exhibit "A", and
WHEREAS, the City of Cupertino, State of California, desires to establish
I its eiigibility for such property;
~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci[y of Cupertino
' that:
1. The officials and/or employees whose names and titles are listed below
shall be and are hereby authorized as our representatives to acquire,
on behalf of the City, federal surplus property from the California
State Agency for Surplus Property under the Terms and Conditions listed
on the attached form:
ROBERT W. QUINLAt1, City ttanager, City of Cupertino
WM. E. RYDER, Director of Administrative Services, City of Cupertino
BERT VISKOVICH, Director of Public Works, City of Cupertino
FRANK E. HOLT, Emergency Services Coordinator, Santa Clara County
RICHr1RD C. *lITCHELL, Office of Emergency Services, San[a Clara County
WM. A. WORLEY, Office of Emergencv Services, Santa Clara County
FRANCIS FENTON, Gffice of EnergencyServices, Santa Clara Coun[y
IT IS FURTHER RESOLVED that the Mayor of [he City of Cupertino is authorized
to sign an Assurance of Compliance with CSA Regulation under TITLE VI of [he
Civil Rights Act of 1964 (SASP Form 203, attached hereto as Exhibit "B"), and
IT IS FURTHER RESOLVED that Resolution No. 3027 on this subject dated
February 16, 1971, is hereby rescinded. ~
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 3rd day of October , 1977, by the following vote:
Vote Members of the Citv Council
AYES: Jackson, Meyere, Nellis, 0'Keefe, Frolich
NOES: None
ABSENT: None
A9STAIN: None
' ATTEST: APPROVED:
~~--U,~-s ~~~4 `~}-r-¢--~~c,.~
Cicy Clerk Kayor, Ci[y of Cupertino
~ • TERMSANDCONDITIONS ~
THEDONEECERT7FIESTH~7:
. . 1 U It is ~ public ~~ency: or a nonprofit educauonal or pubhc healih msuwuun or orNanuauon, excmpt from Uaation under Secuon S01
of the Internil Rnenue Code af I954; withln the meaning of Secuon ZOIqI o1 tl~e Fedcril Yroperty ~.nd Administnure Serviu~ Act ot 19l9.
u amended, and the re`u/a~iom of the Adminutntor of Genenl Servicei.
(2) If ~ public a{encY. ths propaty u needed ~nd will be used by the rcnp~ent tor carrym6 out or promottn~ !or the rcsidents o( a~iven
poljtical area one or more public Dutpous, or, it a nonpmfit taxezempt msuwnon or o~ganwnon, the property b needed for and wiU be used
by the rceipient for educational or public heilth purpau~, and including reuorch lo~ such Durposc. The propenr i~ not bein~ acquired for ~ny
other u~e ot purpose, ot for ula or other dbUibuuon: ot for permanent uie outs~de the sate, except with pnor approval af the spte aRency.
(3) Funds are arailable to pay ~l! rn~u md clur~ea inadent tu donauon.
(1) Thf~ Vanuction JuU be wEjeet to tN nondiut'uninatan re~uladons Qovemmg the donation of surplus pmwnat property iuued
undet TiUa VI 0~ Ns Chil Ryhti Act ot 1964, T1Ua VI, Section 606. of the Fedcnl Property and Adminiftr~tire Senice~ Act of 1949, u
amended, and Sectiop 504 of lAe Reh~b~liution Act of 1977, as amended.
(81 THE DONEE ACREES TO THE FOLLOWING FEDERAL CONDITIONS:
I U) All items of properiy shall be placed in uu for the purpou(il for which acquucd wi~hin one ynr of rcceipt and ~hall be continued in
I u~e for such purpa~eb) tor one Yeu from the date the property wo~ p~ced ~n uu. In the eveN Ne proper~y u not fo placed in uu, oc.
eontinued in use, the donea ihall immed'utely trotify the sUte a6enq ~nd, ~t the donee'+ expenu, rctum such properry to the sute a`ency, or
i otherris make the propetty mllable for tnntfet or other duponl ~y the ftau a`ency, provided ~he property u~till uuWe aa determined by
i the ~ute a~ency.
(2) Such specW handlin{ or we limltalbnf u ue impoud by Genenl Services Adminutration (GSA) on ~ny Item(f) of property Gsted
hereon.
j (3) In the event the property b not w used o~ handled u requued by (BI(11 and (2), tlUe ~nd dshl to the pounuon of such property
I shall ~l the oPtion o! GSA mmt to tAa Unlted Slun o( Ametlu and upon demand the donee sh~ll relax wch property 'to ach person u
i GSA or ip desip~ea ~hall d'va4
~C~ THE DONEE AGREES TO THE FOLLOWING CONDtT10NS IMPOSED BY THE STATE AGENCY, APPLICABLE T'O tTEMS WITH A
UNIT ACQUISITION COST OF f).000 OR MORE AND PASSENGER MOTOR VEHICLES, REGAitDLFSS OF ACQU1SI710N COST,
EXCEPT VESSELS SO FEEf OR MORE IN LENGTH AND AIRCRAFT:
U) The property ~hall be used only for the purpou(f) for which uqu'ued md for no other purpofe(i).
(2) Thete shall be a period of n~trtetion vhich will ezpire atter sueh property ha~ been umd for the purpofe(~) for mhich uquited [or a
penod of 18 month~ from lhe date the property u p~ued In uu, exczpt fot such items of rtu}or equipment, li~ted heteon, on ahich ~he s~~te
agency desi`natef a funher period of rettriction.
(J) In the wsnt the property i~ not m uud u requ'ved by (C7(1) ~nd (2) and tederil rcuncuons (B)(1) and (2) hava expimd then tltle
and ri~ht ro the poue»bn of weh properiy ~hall u the option of the ~t~te agency reven ro the Suts of Cilifomia and the dona shal~ releau
such propeny to ach person a~ the tUte a6ency ~lfill d'vec4
(D) THE DONEE AGREES TO THE FOLLOWING TERMS. R~SERVATIONS, ~ND RESTRICilONS:
(q From the date it reaive~ Ne propetty Ilsted herean and through the penod(f) of ume tAe rnnditioru impoud by (H) md (C~ aDore
remain in effeet, the donet fhill not ttl, tnde, Iwe, lend, b~il, annibal~e, encumber, or oNer.vi~e d'upo+a of sucl~ property, or remove it
permanently, for uie outude tha inte, vitAwt q~a pnot approvil o(GSA under (B) or the state ~~ency undcr (C1. The proaeds from my ~ale,
vade, Iwe, Iwn, b~ilmaat, eneumEnnx, or other dispo~il of the propeny, w1~rn ach actlon u ~uNorised by GSA ot by tha state apncy,
shall be rcmitted prompUy by tAe donee to GSA or tha state ~sen~y, u the nfa m~y De.
(I1 In the arnt any of th~ property lifted hereon b w14 ~nded, laud. M~ned, bailed, ~nnibilued, eMUmbercd, vr otherviu dispoud
of by the donee trom the date It rcanes tha properry throuRh the pcdodl~) of time Ne eonditwnf Mpo+ed by (B) and (C7 rcmain in ef(ect,
~vithout che pnot approval ot GSA or tha fqle ~enry, th~ dooeq ~t tAe option of GSA or the *tale a~eney. ~ha0 pay to GSA or tha sute
Kency, u the we may be, the Ptoeeedf of the di~posal m tAe fair muket v~ue or the f~ir rcntal ~ilue ot the property ~t ~Te time of such
dispo+il, u deurmined by GSA or Ne ftate ~Ren~y.
(3) !f ~t any time, from the date it reeeivm Ihe property throu`h the penodls) of ~ime the conditiom~imposed Dy (B) ~nd (Q rcmain in
eReot, any of the property li~eed haeon u no lon~er suita~le, uwE~e, or lurther irceded by the donee for the purpofe(s) for ~vhieh uquired, the
donee fha~ promptly notJy the ~bte qrnry, ~nd ~hall, n d'uected by the iqte ~geney, reWm the property to Ne inte asency, release the
property to ~irother donee ot inothar ~tu~ ~`eney or ~ deputment or ~~ency of the Uni~ed Statef, KU, or oNsrwi~e ditpow of ~he proper[y.
7Te proaedf from any ula shal! be rcmitted promptly by the dorrce w Ne sute ageuy.
(q TAe donee +hdl make rcporp to Ue iute ~~ency on the uu, condition, ~nd lontlon of the property llsted heteon, ~nd on o~Aer
I pertinent mitten as m~y be tequired from tlme to tima by the aate ~Qency. ~
~ IS) At the option of the ~ate a~mq, the dones may ~bropte the conditiom ut (orth fn (Q and the termi, nsemtloro, ~nd rntrietions
, perhnent thereto in (D) Dy payment o( ~n amount a~ detertnineA by Ne itate ~tenq.
i (E) THE DONEE AGREES TO THE FOLLOWING ~ONDIT16NS, APPLICABLE TO ALL ITEMS OF PROPERTY L15TED HEREON:
I
~ (1) The property ~equired by th~ du~ns u un ~n "as I~,"'~vhere b" E~d+, vlthou~ .mm~~y of ~ny klnd.
~ (2) Wherc a donee curie~ insurance ~pinst dam~ges to or loa of property due to fire or other Auards and vherc Ioss of or dama~e to
~ donated propeny with unespued terms, eonditionf, refemtion~, or rcitrinbm occvn, tAe enle qency .vill be entitkd ro rcimbunement from
~ the dona out o( the inwnnee procredf, ot ~n unount equil to Ihe un~morcited poruon of the fa'v nlus of tAe dama~ed or desttoyed donued
I i[ems
IF~ TERMS AND CONDI710NS APPLICABLE TO THE DOTIATION OF AIRCRAFT AND VESSELS (SO FEET OR AIORE IN LENGTfD
HAVING AN ACQUISITION COST OF 53,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The domlbn fhall be mOject to the termf, conditiom,~teeen~tion~, and tefvictbm +e~ forth in lhe Conditionil Tnnsfet Document
execv~ed by Ne authorited donet teprcxn4tne.
f762» OE10780 7•77 7.500
EXHIBIT A
~ State Agency for Surplus ~erty •
SMSP Form No. 203
(10-77)
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI
OF TFiE CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI
OF THE FEDERAL PROPERTSf AND ADMINISTRATIVE SERVICES
ACT OF 1949, AS AMENDED, AND SECTION 504 OF 17iE
REHABILITATION ACT OF 1973, AS AMENDED
, (hereinafter called the "donee"),
(Name of donee organizntion)
NEREBY AGREES THAT the program for or in connection with which any property is
donnted to the donee will be conducted in compliance with, and the donee will
comply with and will require any other person (any legnl entity) who through
contractual or other arrangements with the donee ia authorized to provide ser-
vices or benefits under said pragram to comply with, all requirements imposed
by or pursuant to the regulations of the General Services Administration
I (41 CFR 101-6.2) issued under the provisions of Titie VI of the Civil Rights
, Act of 1964, Section 606 of Title VI of the Federal Property and Administrntive
I, Services Act of 1949, as amended, and Section 504 of Che Rehabilitation Act of
' 1973, as amended, to the end that no peraon in the United States shall on the
' ground of race, color, national origin, or sex, or that no otherwise qualified
handicapped peraon shnll solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity for which the donee received Federal assiatance
from the Generai Services Administration; and HEREBY GIVES ASSURANCE THAT it
will imnediately take any measures neceasary to effectuate this agreement.
The donee further agrees that thia agreement shall be subject in all reapecta
to the provisiona of said regulationa; that this agreement shnll obligate the
donee for the period during which it retains ownership or posaesaion of any
such property; that the United States ehall have the right to seek judicial
enforcement of this agreement; and, this agreement shall be binding upon any
successor in interest of the donee and the word "donee" as used herein includes
any such successor in interest.
Dated
Donee Organization
BY
(President Chairman of the Board
or comparable authorized official)
Donee Mailing Addreas