CC Resolution No. 6213t
RESOLUTION NO. 6213
0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DESIGNATING THE CITY MANAGER AND THE DIRECTOR OF FINANCE
AS REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY
AND AUTHORIZING EXECUTION OF ASSURANCE OF COMPLIANCE WITH
GENERAL SERVICES ADMINISTRATION REGULATIONS
WHEREAS, the City of Cupertino may find it in the public to acquire
federal surplus property;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cupertino
that the City Manager and Director of Finance shall be and are hereby authorized
as the City's representatives to acquire federal surplus property from the
California State Agency for Surplus Property under the Terms and Conditions listed
in attached "Exhibit "A ".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Assurance
of Compliance with General Services Administration Regulations as per attached
Exhibit "B "•
PASSED AND ADOPTED at a regular meeting of Lite City Council of the City of
Cupertino this — 5th day of December , 1933 by the following vote:
Vote
Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CI Clerk
APPROVED:
ISO, /-
I HUNTS AN I) CON Ill [IONS 11 t
(,\ 1 1111 PONT 1:: ('PR [11 IT'S 11IA 1
�•( 11 I' to a pub he ace I cv, "r a Finn In ill. r,lu "It n"nal Fir I"'" hrahh u,%tnutinn of nq anvaGnn, c\rnlpt bunt taxuiion under SCltir,n Sill
of IL' Inlruial Revenue Code of 1'154: the mcanupt of 2113(il .d the I'edrr.tl I'rupctly and Adminislialive Services Act of 1'144•
a%.lnrndrd,.nlJ the wgolilil %ill the Adnnnn U.nnr ,d Grnerai S011ces.
1 21 II a public agency, the prupetls It nredrJ and wdl Ire used by the ti•%anent lilt carrying out Or promoting for the rrsrdenl%nf a riven
political area one or I re public purp'rses. Or, d a nun profit lax -exempt Insi ill Non or organization, lite properly is needed for and will be used
III, the recipient lot educational or public health pnq,nset, and including research fur such purpose, the properly to not Ileing acquired for any
other use of purpo%•, Fir for sale Or Other di,10 Ilnn; Fir fur peunanent ow outside the state, except with Prior approval Of the slate agency.
f 11 t sends are av,dlable ho pay all cntt %:old charges incident to donation.
(4) 1111. u,lo,otion %hail be subject III the n"ndiscnnunafion segulatinm goventtng the donation of surplus petsunal property tooled
under I tole VI or the Civil Rigor(% Act of 11164; 1 itie \'I, Section 6t6, Of the federal Property and Administrative Services Act of 1949, as
aancu&& Seoi"n 504 of the Rchabrhlalr"n Act of 1913, as amended; Title IX if the Education Amendments of 1972, as amended; and Section
303 of the Arc Utscnmination Act of 1975.
1111 I IlL DONEE AGREES TO TIER 101 LOWING FEDERAL CONDI1 IONS
:
(I I An items "f Property %hall he p!arrd ill u,r for the pull sell) for wilieo acquired within one year of receipt and shall be continued in
use for ash purpusel%) for one year horn the date the property was placed in tile. In the event the properly is not to placed in use, or
continued in use, the donee stall immediately nobly the slate agency and, at the dunee't expense, return such property In the stale agency, or
otherwise make the property available for transfer or other disposal by the slate agency, provided the properly is still usable as determined by
the %laic agency.
121 Such Special handling or use holitaliom as are imposed by General Services Adminntration (GSA) on any item(s) of property listed
here".,
11) In the event the property it n(o; u, used tot handled as tequired by (11)(1) and (2), title and tight to the pOo% %ion of Such Property
Shall at the option of GSA revert to the United Stales tot America and upon demand the donee shall release such property to such person as
GSA or its designee shall direct,
(C') I Ili. DONEE AGftI VS 10 1111. 1 OIAOWING C'ONDI [IONS IMPOSIAr BY ITIE STAIF. AGENCY, APPLICABLE 1011 EMS WI Iii A
LINT I ACQUISITION COST 01: S3,0011 OR MORE AND PASSENGER MOTOR VEIIICLLS, REGARDLESS Of-- ACQUISITION COS 1,
1:XCI.I'f VI'.SSIil.S SD FEET OR MORI IN LENG111 AND ATRCRAFr:
( 11 I he property shall be used (only for the putpntelQ for which acquired and for nn Oster Purpose(%).
12) Ihcre %hall he a refold of tr suction which will expire after such property hat IT", tiled for the purpose( %) for which acquued for a
period of lg months Iron) the (lilt the pr"p,•rly it placed in use, except for such items of major equipment, listed hereon, on which the Gale
agency &OR'latrt a further period OI rrslticli"o.
(3) in the event the properly is nor to used at required by (CR I ) and (2) and fedcfal re%trhtiono (11((1) and (2) have expired then title
and rirllt to the potter %inn of such PTOperty shall at the option of the state agency revert 10 the S131e of California and the donee shall rclea %e
Such properly to such person at the state agency dlall direct.
(U) I Ell . DONI'.E AGREES 10 THE I'Or LOWING I FRIVIS, RISERVAIIONS, AND REST RICIIONS
( I I I tom the date it receives like property listed hereon and through the Pertnd(sl of time the conditions imposed by (Ill and ((') above
remain in effect, the donee 41,311 tool sell, trade, lease, lend, bail, cauruh.ih7e, encumber, or otherwise di %pose of such property, or remove it
permanently, fur use outside the state, wilhnnt the poor approval of GSA under (n) or the Gale agency under (CT. The PtOceeds floor any sale,
trade, Irate, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency,
shall he rrmilted prnmplly by the donee to GSA or lite stale annoy, a% the case may be
(2) In the event any Of the property listed hereon is sold, traded, leafed, loaned, balled. c:omibalizrd, encumbered, of otherwise d,apo%rd
of by the donee from the date it trcehes the property through the period(N of time the conJilinns imposed by (11) and (L) remain in effect,
without the prior approval of GSA of the slate 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 "f torch
disposal. asdetetmined by GSA or the statr ar,•m y.
( 11 If of ins tome, Ooin the fit, it n•t,�n�rs the pf"Petly tfnough Ihr Period(o) of time die tondr,ions tmpu%ed by (111 and fC) re,nam in
effect, ally of the properly lifted hereon is no finger suilabl,•, usable, or further needed by the donee for the purpo%eW for which acquired, rile
dunce than Promptly notify we slate aernvs, and shall. as directed by line stale agency, return the property to lite slate agency. Irh•atr file
pfoprily In another doore m 3oolher stale arcory or a department or agency of the United States, sell, it otherwise ch5pose or the property.
The pr"cerds from any tale Shall IT remitted promptly by file donee to the state agency.
(4) The donee Shall make report, to Ihr stale agency on the use, condition, and location of the property listed hereon, and nn usher
pertinent maltem a% Fitly he required from lime In time by the gale agency.
(5) At the option of the stale agency, file donee may abrogate the conditions set forth in (C) and the terms, leservalions, and restrictions
pertinent Ihrreto in ID) by payment of an amount as detetmined by the slate agency.
(F.) I lib DONr1: AGR11'S TO TIIP. I OLLOWING CONDITIONS, APPLICARI.E 10 ALL 11 EMS OE PROPERTY LISTED HEREON
( I I 1 he Property acgohrd by ITO; donee is on an "at i %," "where ill, basis, wdthoul warranty of any kind.
(2) Where a donee carries insutance as damage, t" or bit of property due In fore or other hazards and where Ines of or damage to
don tied property with unexpired terms, cnmlitintn, resnvalions, or restrictions occurs, lire %tale agency will be entitled to reimbursement from
the donee out .f the insurance proceeds, of an amount equal In the unamotlized portion of the fait value of the damaged of destroyed donated
item,
0 1 11 RSIS AND CONDITIONS APPLIC•AIII.T: 'IO 1Ill PONAIION Of %IfWRAI T AND VESSELS (50 1 1:1 1 OR MORE IN LENGI11)
IIAVING AN A( QUISTI ION COST OI S3 notl Oft MORE, RI :GARDI i SS Of I III: PURPOSE I OR WIIICII ACQUIRED:
Ihr donation %hall be %objrcl to the Irrmt, n%nddt,mt, ieanati "n %. and reunstions set (mill in the Conditional TYan%fer Dnc,nnent
e%es "ted 11 the stribortzcd donee representative. F61 197 OE 12667 482 JM
Resolution No. 6213
Office of Surplus Property ( •
OSP:''Form No. 203
(3-82) /
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 606
OF TITLE VI 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
, (hereinafter called the "donee "),
Name of donee organization)
HEREBY AGREES THAT the program for or in connection with which any
property is donated to the donee will be conducted in compliance with,
and the donee will comply with and will require any other person (any
legal entity) who through contractual or other arrangements with the
donee is authorized to provide services or benefits under said program
to comply with, all requirements imposed by or pursuant to the regulations
of the General Services Administration (41 CRP 101 -6.2) issued under the
provisions of Title VI of the Civil Rights Act of 1964, Section 606 of
Title VI 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, to the end that no person in the
United States shall on the ground of race, color, national origin, sex,
or age, or that no otherwise qualified handicapped person shall 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 assistance from the
General Services Administration; and HEREBY GIVES ASSURANCE THAT it will
immediately take any measures necessary to effectuate this agreement.
The donee further agrees that this agreement shall be subject in all
respects to the provisions of said regulations; that this agreement
shall obligate the donee for the period during which it retains ownership
or possession of any such property; that the United States shall 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.
Date
Pr."" `In i I in,, Art l,— .
Donee Organization
BY
(Presic(ent,C airman of the Board--
or comparable authorized official)