HomeMy Public PortalAboutResolution 13-90 Authorizing Larry Chalfant to acquire federal surplus property from the Idaho State Bureau of Surplus Property"
S t a t e o f I d a h o
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n o t h a v e a g o v e r n i n g b o a r d , a n d h e r e b y o r d e r e d t h a t t h e o f f i c i a l ( s ) a n d / o r e m p l o y e e ( s ) w h o s e n a m e ( s ) , t i t l e ( s ) , a n d
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p r o p e r t y f r o m t h e I d a h o S t a t e B u r e a u o f S u r p l u s P r o p e r t y u n d e r t h e T e r m s a n d C o n d i t i o n s l i s t e d o n t h e r e v e r s e s i d e o f
t h i s f o r m . "
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c o r r e c t c o p y o f a r e s o l u t i o n a d o p t e d b y t h e B o a r d a t a r P v t l a r m e e t i n g t h e r e o f h e l d a t i t s r e g u l a r p l a c e o f
- m e e t i n g a t t h e d a t e a n d b y t h e v o t e a b o v e s t a t e d , w h i c h r e s o l u t i o n i s o n f i l e i n t h e o f f i c e o f t h e B o a r d .
C i t y o f M c C a l l , I d a h o
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C o u n t y Z I P C o d e
C i t y
TERNIS AND CONDITIONS
i.A) THE DONEE CER TIFIES THAT:
(1) It is a public a gency: or a nonprofit educationator public health institution.or organization. exempt from taxation under Sectton 301 of the Internal Revenue Code
of 1954: within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of
General Services.
,2) If a pubiic 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 ocing acquired for any other use or purpose, or for sale or other distribution: or for permanent use outside the slate,
except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident to donation.
14) 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: and Section 303 of the Age Discrimination Act of 1975, as amended.
18) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
i I) All items of property shall be placed in use for the purposes) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one
!. ear 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 dunce'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.
12) 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 (B)( I ) and (2), title and right to the possession of such property shall at the option of GSA revert to
ine United States of Amenca 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 53.000OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50
FEET OR MORE IN LENGTH AND AIRCRAFT:
( I) The property shall be used only for the purposes) for which acquired and for no other purpose(s).
(2) There shall be period of restriction which will expire after such property has been used for the purpose(s) for which acquired fora 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 the event the property is not so used as required by (C)(I ) and (2) and federal restrictions (B)( 1) and (2) have expired then title and right to the possession of such
propeny shall at the option of the state agency revert to the State of Idaho and the donee shall release such property to such person as the state agency shall direct.
ID) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
( I) From the date it receives the property listed hereon and through the periods) of time the conditions imposed by (B) and (C)above rennin 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 ( B) 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, shall be remitted promptly by the donee to GSA or the state agency, as the case may be.
(21 In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date
it receives the property through the penod(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.
(31 If tans time, from the date it receives the property through the penod(s) of time the conditions imposed by (Bland (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.
i :4 ( sa the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restnctions pertinent thereto in (D) by
y pament of an amount as determined by the state agency. '
it) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
( I I 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.
iF1 TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN
ACQUISITION COST OF 53,000 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 authonzed donee
representative.
G. THE DONEE .AGREES TO THE FOLLOWING TERMS AND CONDITIONS IMPOSED BY THE STATE AGENCY APPLICABLE TC ITEMS WITH A
UNIT ACQUISITION COST OF UNDER S3.000:
There shall be a period of restriction on all motor vehicles, requiring registration for license, which shall expire after such property has been used for the purposets) for
.vhich acquired tar a period of 18 months from the date the property was placed in use.
State of Idaho
Bureau of Federal Surplus Property
801 Reserve Street
Boise; Idaho 83712
BSP Form #4 (7-89) DPD 6-82
NONDISCRIMINATION ASSURANCE
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.
City of McCall, Tclaho , hereinafter called the "donee", hereby agrees
Name of Donee)
that the program for or in connection with whichfany 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 CFR 101-6.2, or 101-8) issued under the
provisions of Title VI of the Civil Rights Act of 1964, Section 606 or Title VI of
the Federal Property and Administration Services Act of 1949, as amended, Section
504 of the Rehabilitation Action 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 grounds of race,
color, national origin, sex or age, or that no otherwise qualified handicapped
person shall solely by reason 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: /3. , /7,90
By
City Hall
P.O. Box 1065
McCall, ID 83638
Donee Mailing Address
City of McCall, Tdaho
(Donee)
reside t/� ma�lof the Board or
compar�le authorized official)
John J. Allen, Jr.
Mayor