HomeMy Public PortalAboutResolution 10-87 Authorizing Larry Chalfant as the representative to acquire federal surplus property State of Idaho
Bureau of Surplus Property
P.O. Box 7414
Boise, ID 83707
" BSP Form No. 3(1-82)
RESOLUTION
10-87
"BE IT RESOLVED by the Governing Board,OR by the Chief Administrative Officer of those organizations which do
not have a governing board, and hereby ordered that the official(s) and/or employee(i) whose name(s), title(s), and
signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus
property from the Idaho State Bureau of Surplus Property under the Terms and Conditions listed on the reverse side of
this form."
NAME TITLE SIGNATURE
(Print or type)
Tarry Chalfant • Pvhlir Wnrks llirartnr
•
•
PASSED AND ADOPTED this 10th day of September , 19 87 , by the Governing Board of
City of McCall
by the following vote: Ayes: 4 ; Noes: 0 ; Absent: 0
Arthur J. Schmidt , Clerk of the Governing Board of
City of McCall do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board at a regjtl ar meeting thereof held at its regular place of
meeting at the date and by the vote above stated, which resolution is on file in the office of the Board.
City of McCall
Name of organization
P. 0. Box 1065
Mailing address �
McCall Valley, ID 83638 (Signed) ',KJ -
City County ZIP Code
OR
AUTHORIZED this day of , 19 , by:
Name of chief administrative officer Title
Name of organization
Mailing address
(Signed)
City County ZIP Code
TERMS AND CONDITIONS
tA) THE DONEE CER IIFIES THAT: •
(I) It is a public agency;or a nonprofit educational or public health institution.or organization,exempt from taxation under Section 501 of the Internal Revenue Code
of 1954;within the meaning of Section 203(j)of tire Federal Property and Administrative Services Act of 1949,as amended,and the regulations of the Administrator of
General Services.
(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
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 being acquired for any other use or purpose,or for sale or other distribution;or for permanent use 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 thedonation 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.
(B) 'THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(I) All items of property shall be placed in use for the purpose(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 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 donee'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.
(2) 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
the United States of America 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$3,000 OR 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 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 been used for the purpose(s)for which acquired for a 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)(I)and(2)have expired then title and right to the possession of such
property 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.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS,AND RESTRICTIONS:
(I) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B)and(C)above remain 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.
(2) 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 period(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.
(3) If any time,from the date it receives 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 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.
(5) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D)by
pay ment of an amount as determined by the state agency.
(El 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 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.
tF) 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 authorized 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$3.000:
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 purpose(s)for
which acquired for a period of 18 months from the date the property was placed in use.
State of Idaho
Bureau of Federal Surplus Property
P.O. Box 7414, Boise ID 83707 •
BSP Form No. 4 (4-82) 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 Discrimina-
tion Act of 1975.
•
City of McCall,_Idaho_—____�_�� , hereinafter called the ''donee", hereby
(name of Donee)
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 arrange-
ments 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 pro-
visions 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 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 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 .
Dated , L��J .?
I nee
By
(Presidcn -/Chairman of the Board or
comparable authorized official)
City Clerk
City of McCall Authorized by Council 9/10/87
P. 0. Box 1065 _ •
McCall. ID 83638
Donee Mailing Address