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Res 1533 - Fed Prop Util Prgm COUNCIL BILL NO. 1956 RESOLUTION NO. 1533 A RESOLUTION AUTHORIZING RENEWAL PARTICIPATION IN THE FEDERAL PROPERTY UTILIZATION PROGRAM. WHEREAS, the federal government provides for the release of federal surplus property to local governments for public purposes; and WHEREAS, the City of Woodburn can utilize said surplus property as a cost-effective supplement to operational services; and WHEREAS, the City of Woodburn has been a previous participant in the program; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Administrator is authorized to sign the "Authorization of Participants" in the Federal Property Utilization Program, a copy of said authorization being attached hereto, and incorporated herein by this reference. Approved as to form~~~ City Attorney If ~ 4~ ate APPROVED: ~~~~~OR April 12, 1999 April 13, 1999 April 13, 1999 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Apri 1 13. 1999 ATTEST: -L!1~ Mary T nant, -D.....l 111>- ~' Recorder City of Woodburn, Oregon Page 1 COUNCIL BILL NO. 1956 RESOLUTION NO. 1533 .'--y-'''. -"---.' ,,_.,.. ..,,,---..--,, ".. .,.. . -".,. ",'......-,.,'..--.,.-.-.-,.-- ~. AUTHORIZED REPRESENTATIVES I. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZA TION: CT~Y OF WOODBURN Name of Organization 270 Montgomery Street Street Address (REQUIRED) Woodburn, OR 97071 Mailing Address (PO Box Number, Street, 9ity, State and Zip Code) Marion County 503 ) 982-5211 Telephone II. THE FOLLOWING REPRESENTATIVES ARE DESIGNATED TO ACQUIRE FEDERAL SURPLUS PROPERTY; OBLIGATE NECESSARY FUNDS FOR THIS PURPOSE; AND EXECUTE DISTRIBUTION DOCUMENTS AGREEING TO TERMS, CONDITIONS, RESER VA TIONS, AND RESTRICTIONS APPL YING TO PROPERTY OBTAINED THROUGH THE AGENCY: IXnfEW DESIGNA TIONS (Delete all previous authorizations) o ADDITIONAL DESIGNA TIONS ONL Y (Add to previous authorizations) Retu rn to: FEDERAL SURPLUS PROPERTY 1655 Salem Industrial Dr. NE Salem, OR 97310-1531 D DELETE AUTHORIZA TIONS LISTED BELOW III. REPRESENT A TIVES: (All representatives, please read, sign & date Certifications & Agreements and Return Policy forms) PRINTED NAME TITLE Gerald Leimbach Data processinq Ben Gillespie Randy Westrick Ken Wriqht Pllhl i.-.. Worb:: ni rprt.nr Finance Director Director of Parks and Rec Fr;:m1(" 'T'i w.:lri Chief of Police IV. ~<<J~ Signature ot Cilief A Istratlve Officer - John Brown, City Administrator Title FOR STATE AGENCY USE ONL Y The applicant has been determined to be 0 eligible As a: o conditionally eligible o ineligible o Public Agency o Nonprofit Education o Nonprofit Health o Nonprofit Homeless Approval Date: Eligibility Expiration Date: APPROVED BY: TITLE: '-'.-y--. < ,_.~.< +,...,.< ,... '-_.~ +- ++ '...,." .-, _.."_.,,,_. RETURN POLICY Pt-\._. ERTY ACQUIRED THROUGH THIS PROGRAM IS DONATED ON AN "AS IS - WHERE IS" BASIS. WITH NO WARRANTY OR GUARANTEE OF ANY KIND. THIS POLICY APPLIES TO FEDERAL SURPLUS PROPERTY ACQUIRED FROM THE FEDERAL SURPLUS PROGRAM WAREHOUSE AND DOES NOT APPLY TO PROPERTY SCREENED BY A DONEE SCREENER. THIS POLICY DOES NOT INCLUDE REIMBURSEMENT OF ANY COST ASSOCIATED WITH RETURNING PROPERTY TO THE FEDERAL SURPLUS PROGRAM WAREHOUSE. CREDIT WILL ONLY BE EXTENDED AGAINST SERVICE CHARGES REFLECTED ON THE ORIGINAL ISSUE AND INVOICE DOCUMENT FEDERAL REGULATIONS REQUIRE THAT PROPERTY BE PUT INTO USE, FOR THE PURPOSE FOR WHICH IT WAS ORIGINALLY OBTAINED THROUGH THE DONATION PROGRAM, WITHIN ONE YEAR FROM THE DATE OF ACQUISITION (DATE ON THE ISSUE AND INVOICE DOCUMENT). WE REALIZE THERE CAN BE EXTENUATING CIRCUMSTANCES AND HAVE ESTABLISHED THE FOLLOWING RETURN POLICY: 1. IF RETURNED TO OUR AGENCY WITHIN 30 DAYS OF THE DATE ON THE ISSUE AND INVOICE DOCUMENT, FULL CREDIT OF THE SERVICE CHARGE AMOUNT WILL BE EXTENDED. 2. IF RETURNED BETWEEN 30 AND 60 DAYS OF THE DATE ON THE ISSUE AND INVOICE DOCUMENT, 50% OF THE SERVICE CHARGE WILL BE EXTENDED. 3. IF RETURNED AFTER 60 DAYS OF THE DATE OF THE ISSUE AND INVOICE DOCUMENT, NO CREDIT WILL BE ALLOWED. IN ALL CASES, RETURN OF FEDERAL SURPLUS PROPERTY REQUIRES PRIOR APPROVAL FROM THE FEDERAL SURPLUS PROPERTY PROGRAM MANAGER. ALL PROPERTY WILL BE INSPECTED PRIOR TO ISSUANCE OF ANY CREDIT. THERE WILL BE NO CASH RETURNS. ALL RETURNS WILL BE CREDITED TO THE ACCOUNT OF THE DONEE ORGANIZATION. IF YOU HAVE ANY QUESTIONS CONCERNING THIS POLICY THEY SHOULD BE DIRECTED TO THE FEDERAL SURPLUS PROGRAM MANAGER AT 378-4711 EXTENSION 304. I CERTIFY THAT I HAVE READ, UNDERSTAND AND AGREE TO THE RETURN POLICY AS STATED A.BOVE. '"V.. . ;k. ". ' ) ) iv~.. ~1 :9) W \ Jill! :: ,~ ;"';n;:mrp n; n=>rtnr f I DATE " SIG AT. RE OF UTHORIZED REPRESENTATIVE j). fl-...#It Park & R SI ATURE OF AUTHORIZED REPRESENTATIVE . f of Police OF AUTHORIZED REPRESENTATIVE Director of Public Works ~ SIGNATURE OF AUTHORIZED REPRESENTATIVE ~ QQ& .ctxA!n11 c.~ Data processin:J SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNATURE OF AUTHORIZED REPRESENTATIVE IF ADDITIONAL SIGNATURES ARE NEEDED. USE THE BACK OF THIS PAGE W" ~,,,~,,_.,"..,..,,........."_,....,,.",,,,_~_"~'_"_""""''''''''~'''''.,;__ "Il'''' CERTIFICATIONS AND AGREEMENTS (a) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonplOfit educational or public health institution or organization. exempt from taxation under section 501 of the Intemal Revenue Code of 1954; within the meaning of section 203 Gl of the 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. and these charges will be paid promptly. (4) This transaction shall be subject to the nondiscrimination regulations goveming the donation of surplus personal property issued 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. (b) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purposes for which acquired within one year of receipt and shall be r;ontinue<:i in use fo' such purposes 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 plOperty 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) (1) 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 $5,000 (PUBLIC LAW 99-386, SEC. 207) OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST. EXCEPT VESSELS 50 FEET IN LENGTH AND AIRCRAFT: (1) 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. (3) In the event the property IS not so used a!i required by (c) (1) and (2) and Federal restrictions (b) (1) and (2) have expired then the right to the possession of such property shall at the option of the State agency revert to the State of Oregon 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: (1) From the aale it rec.ei\ies the property listed hereoil and through the pellOCliS) 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 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 at 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. retum the property to the State agency. release the property to another donee or another State agency. 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. --r'. ...,.-...... .-........._-~.-._._....-.. .,._--< --- . (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 payment of an amount as determined by the State agency. (e) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1 )The property acquired by the donee is on an "as is. "where is' basis. without warranty of any kind. (2) The State agency requires the donee to carry 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 ,eimbursement 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. (f) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 (PUBLIC LAW 99-386. SEC. 207) OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: (1) The donation shall be subject to the tenns. conditions, reservations. and restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative. THE DONEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS IMPOSED BY THE STATE AGENCY APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF UNDER $5.000 (PUBLIC LAW 99-386. SEC. 207): (1) Title to items with an acquisition cost of less than $5.000. (public Law 99-386. Sec. 207) shall pass to the donee when the terms and conditions imposed by (b) (1) and (2) have been me\. (2) All clothing, upholstered furniture, and bedding materials acquired from the SURPLUS PROPERTY DIVISION will be sterilized as required by State Law before being used. (3) In addition to any other remedies available to the Department or to the State agency. said agency shall have the right and authority to withhold further transfers of Government Surplus Property to our institution if we fail at anytime. (a) Abide by the above terms and conditions and (b) promptly pay just service and handling charge fees assessed by the state agency. *~ ' A E 41 D TE ~ '.f -) -qq DATE 4 ~;)E9 Cf DATE DATE DATE SIGN ATURE OF AUTHORIZED REPRESENTATIVE SIGN ATURE OF AUTHORIZED REPRESENTATIVE SIGN ATURE OF AUTHORIZED REPRESENTATIVE (IF ADDITIONAL SIGNATURES ARE NEEDED, USE THE BACK OF THIS PAGE). ...'