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CC Resolution No. 9169 RESOLUTION NO. 9169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO UPDATE THE CITY'S ELIGIBILITY STATUS FOR PURCHASE OF FEDERAL SURPLUS PROPERTY WHEREAS, by Public Law 94-519, the Federal Government has authorized they donation of federal surplus property to any public agency to assist in carrying 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, education, parks and recreation, public health and public safety; and WHEREAS, certain terms and conditions are imposed by the California State Agency for Surplus Property in connection with the acquisition of such property; a list of such terms and conditions is attached hereto as Exhibit A; and WHEREAS, the City of Cupertino, State of California, desires to establish its eligibility for such property; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino that: 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: DONALD D. BROWN, City Manager, City of Cupertino CAROL ATWOOD, Director of Administrative Services, City of Cupertino BERT VISKOVICH, Director of Public Works, City of Cupertino IT IS FURTHER RESOLVED that the Mayor of the City of Cupertino is authorized to sign an Assurance of Compliance with CSA Regulation under TITLE VI of the Civil Rights Act of 1964 (SASP Form 203, attached hereto as Exhibit B), and IT IS FURTHER RESOLVED that Resolution No. 7799 on this subject dated May 1, 1989 is hereby rescinded. PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 6th day of September, 1994, by the following vote: Resolution No. 9169 Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Burnett, Dean, Sorensen, Koppel None Bautista None APPROVED: /s/ Roberta Wolfe Deputy City Clerk Barbara A. Koppel Mayor, City of Cupertino docs/res9169.doc Page 2 TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (I) It is a public agency; or a nonprofit institution or organization, exempt (rom luation under Section SOl of Che: Internal Revenue: Code of 19.54; ..ithin the munine of Section 203(j) of the Federal Property and Adminislrativt Services Act of 1949. as amended, and tbe reguJations oC the Administrator oC General ScrvicC$. (2) If. public agency. the property is needed and will be used by the recipient Cor carrying out or promoting for the residents of a given political area one or more public purposes, or, if a nonprOfillaa-<:aempl insti,ution or organization. the propeny is needed ror and will be used by the recipienl for educational or public health purposes. including research Co·rsuch purpose, or for programs for oJder individuals. The prope:rtyis not bc:ingacquircd for any other use or purpose. or for ¡ale or other distribution; or for permanent use outside the state, except with prior approval oC the stale ageDCY. (3) fuods an: available to pay aU costs and charges incident to donation. (4) This transaction shaJJ be subjecllo the nondiscrimination regulations governing Ihe donation of surplus personal property issued underTitle VI ofthe Civil Rights Act of 1964, Title VI, Section 606, oCthe Federal Property and Administrative Services Act of 1949,IS amended. Section S04 oCthe Rehabilitation Act of 1973, IS amended, Title IX of the Education Amendments of 1972. as amended, and Section 303 of the Age Discrimination Act o( 1975. (B) THE DONEE AGREES TO THE FOllOWING FEDERAL CONDITIONS: (I) All i'ems or property shall be placed in use ror the purpose(s) forwbich acquired wi'bin one year of receipt and sball be continued in use for sueb purposc(s) ror on. )ur from the date tbe property was placed in use. In Ihe event ,he propeny is not so placed in use. or eon,inued in use. the donee shall imm.diately nOliry the slate a&<ney and, at Ihe donee's eapense, re'urn sueb propeny to 'he slate agency. or otherwise mak.the propenyavailabl. for Iransrer or olber disposal by tbe slate ageDC)', provided the property is still usable as determined by Ihe state agency. (2) ,Such special handling or use: limitations as are imposed by General Services Administration (GSA) on Iny ¡tem(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (8)( I) and (2), title and righllo the possession of such propeny shall althe oplion ofGSA reven to the United Slates oC America and upon demand the donee shall release: such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TOTHE FOllOWING CONDITIONS IMPOSED BYTHE STATE AGENCY. APPLICABLE TO ITEMS WITH A UNIT 'ACQUISITION COST OFSS,OOO OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST. EXCEPT VESSELS SO FEET OR MORE IN lENGTH AND AIRCRAFT: (I) The property shall be used only for the purpose(s) for which acquirtd and (or no other purpose(s) (2) There shall be a period of restriction which will expire after such property has been used Cor ihe purposc(s) Cor which acquin:d (or a period oC 18 months from lb. date the propeny is placed in use, exeepl ror sueb items or major equipment. lisled hereon. on wbieh Ihe state agen.y designates a funher period or reslrictiOD. (3) In the event the property is not so used as required by (C)(I) and (2) and Cederal restriclions (8)(1) and (2) have cx.pin:d then tide and right to the possession or such property shallallhe oplion ofthe slate agency reven to the Stale of California and the done. sball release such propeny to such person as Ihe sta'e ag.ncy shall dirut. (D) THE DONEE AGREES TO THE FOllOWING TERMS. RESER VA TIONS. AND RESTRICTIONS: (I) From the date it receives the proþC'rty listed hereon and through the period(s) oC time the conditions imposed by (B) and (C) above remain in cfrect,the donee sball nOI sell, trade. lease. lend. bail. cannibalize. encumber. or otherwise dispose of such propeny, or remove il permanently. ror use outside Ibe sLate, Wilhoul the prior approval of GSA under (B) or Ihe state agency under (C). Th. proceeds from any sale, trade. lease, loan, bailmenl, encumbrance. or olber disposal orlhe property, when such ae,ion is aUlhorized by GSA or b)' the stale agency, shall be "milled promp'ly by the donee to GSA orthe Slale agency. as the case ma)' be. (2) In Ibe event any ortbe propenyliSled hereon issold,traded.leased.loaned, bailed, cannibalized. encumbered. or olherwisedisposed orby the donee rrom tbe date i, receives Ihe propeny tbrough tbe period(s) or time the conditions imposed by (B) and (C) remain in effeel, wi'bout Ihe prior approval or GSA or the slale agency,the donee, at the option ofGSA or the slate agency, shall pay to GSA or the stale agency, as the case may be. the proceeds oflhe disposal or the Cair market \õl.lue or the fair rental value of the pro.pcrty at the time of such disposal, as determined by GSA or. tbe Slate agency. (J) If alany lime, rrom Ihe dale il receives Ih. propeny tbrough Ihe period(s) ohime the eondilions imposed by (B) and (C) remain in erreet, any or,he propeny liSled hereon is no longer suilable, usable, or run her needed by 'he donee ror the purpose(s) for which aequired.lhe donee shall promp'ly no'iry tbe Slale 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 Uniled S'ales. ..II. or otherwise dispose or the propeny. The proceeds from any sale shall be "milled promplly by Ihe donee 10 'he SLa'e agency. (4) The donee shall make repons to the Slale ag.ney on Ihe use. eondilion. and location of 'b. propeny liSled hereon. and on other peninent mailers as may be required rrom time 10 time by the state agency. (S) At the oplion of'be stale ag.neY.lhe donee may abrogate Ihe eondilions sel fonh in (C) and 'he lerms, r""rvalions. and restrictions peninent therelo in (D) by payment oC an amount as del ermined by the state agency. (E) THE DONEE AGREES TO THE FOllOWING CONDITIONS. APPLICABLE TO All ITEMS OF PROPERTY LISTED HEREON: (I) The property acquired by the donee is on an "as is," "where is" basis, without warranty oC any kind. (2) Where a doneeearri.. insurance against damages '0 orloss or property due 10 fire or olher bazardsand wbere loss or or damage 10 dona led propeny with uneapired lerms. eondiliOlls. rcstrvalions. or restrielions occurs, the slale agency will be enlilled to reimbursemenl from Ih. donee OUI oftbe insurance proceeds, of an amount equal 10 the unamortized portion or the fair value of the damaged or destroyed donated items. (F) TER~fS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORE IN lENGTH) HAVING AN ACQUISITION COST OF ¡MOO OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: ' Tbe donalion shall be subjee, 10 the 'erms, conditions, reservalions. aod reSlrietions se' ronh in the Condilional Transrer. Doeumenl eaeeured by Ihe authorized donee representative. HEXHIBIT A" Office of Surplus Property OSP Form 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 DISCRnlDIATION ACT OF 1975. , (hereinafter called the "donee" (Name of donee organizat~on) 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 ?r~vide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Ser- vices Administ~atiori (41 CRF 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 fer which the donee received Federal assistance from the General Services Administration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effec~uate this agreement. The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; t~at this agreement shall obligate the donee for the period during which it retains ownership or pos- session 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 èonee and the word "donee" as used herein includes any such successor in interest. DATE Donee Organizat~on By (Pres~dent/Cha~rman 0: the Board or comparable authorized official) Donee Mailing Address "EXHIBIIB"