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HomeMy WebLinkAboutRES NO 51-00RESOLUTION NO. i Z ~ 0 ' A RESOLUTION AUTHORIZING THE BAKERSFIELD FIRE DEPARTMENT TO SUBMIT AN ELIGIBILITY RENEWAL APPLICATION FOR THE FEDERAL SURPLUS PROPERTY PROGRAM. WHEREAS, on August 26, 1998, the Bakersfield City Council approved an agreement for mutual aid fire protection between the Bakersfield Fire Department and the State of California Department of Forestry (Agreement No. 98-209) which permitted the City to participate in the Federal Surplus Property Program; and WHEREAS, in order to continue participation in the Federal Surplus Property Program, a renewal application on behalf of the Bakersfield City Fire Department must now be submitted; and WHEREAS, the City desires to continue its participation in the Federal Surplus Property Program so as to enhance the public safety and convenience; and WHEREAS, the completed eligibility renewal application to the Federat Surplus Property Program is attached hereto and incorporated herein by reference as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct. 2. The attached renewal application (Exhibit "A") may be submitted. 3. The officials and employees whose names, titles and sig natures are provided on the eligibility renewal application are authorized as the City of Bakersfield's representatives to acquire federal surpfus property from the California state agency for surplus property under the terms and conditions listed on the renewal application. ..... ooOOOoo ..... Page 1 of 2 ~ HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Counci~ of the City of Bakersfield at a regular meeting thereof held on ~[AY ~ & Z000, by the following vote: AYES: NOES: ASSTAIN: ASSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER /[,;b COUNClLMEMBER COUNCILMEMBER C~TY CLERK and Ex Officio Cl~k of the Council of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney ltlIIICHAEL G. ALLFORE)/ ' Deputy City Attorney MGA:Isc S:\COU NCIL\Resos\Fire. FedSurplusApp.wpd Page 2 of 2 State Agency for SurpJus Property ELIGIBILITY RENEWAL APPLICATION FEDERAL SURPLUS PROPERTY PROGRAM SASP Form 20i-A 3/92 EXHIBIT NO.~_ Name of organization Address ~v~ / C/ Organization is a: PUBLIC AGENCY __ A. Conservation __ B. Economic Development __ C. Education __ D. Parks and Recreation E. Public Health 7 F. Public Safety G. 2 or more listed __ H. Other (includes library/museums) __ k Homeless Program ~ ~L~- Tele p hone County ,~'t ) ZIP NONPROFIT AGENCY __ J. Private Education __ K Private Health __ L. Older Americans Act for Sr. Citizens __ M. Homeless Program NOTE: Categories J-K-L-M Number of sites Enrollment or number of clients served RESOLUTION "BE IT RESOLVED by the Governing Board, OR by the Chief Adminisrative Officer of those organizations which do net have a governing board, and hereby ordered that the official(s) and/or employee(s) whos~e name(s), title(s), and signature(s) are listed bdow shah be and is (are) hereby authorized as ou, representative(s).to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form.'' PASSED AND ADOPTED this day of ,19 , by the Governing Board of by the following vote: Ayes: ; Noes:_; Absent: __. I, ,Clerk of the Governing Board of do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at a meeting thereof held at its regular p]ace of meeting at the date and by the vote above stated, which resolution is on file in the office of the Board. (Signed) OR AUTHORIZED this day of , 19 __, by: Name of Chief Administrative Officer (Signed) Application approved: Comments or additional information: FOR STATE AGENCY USE Application disapproved: Signed: (Title) TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (i) It is a public agency; or a nonprofit institution or organization exempt from axat on under Section 501 of the Internal Revenue Code of 1954; within the meaning of Section 205 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 public agency, the property is needed and wi 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 nst tution or organization, the property is needed for and will be used by the recipient for educational or public health purposes, inc ud ng research for such purpose, or for programs for older individuals. 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. ($) Funds are available to pay all costs and cha,rges incident to donation. (4) This transaction shall be subject to the nond scr m/nation regu at ons govern ng the donation of surplus personal property issued under Title VI of the Civil Rivhts Act of 1964, Title VI Section 606 of the Federa Property and Administrative Services Act f · Section 504 of the Rehag tat on Act of 1978 as amended, Title IX of the Education Am~,~ ...... r ...... o. 1~.949: as,.a~m~en~de, d. Age Discrimination Act of 1975. ' ~.~,.~.~a ~,. ~.., as amenaeca, aha ~ect~on ~03 ot the (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in ave for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use. the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state agen,~-y or otherwise make the property available for transfer or other disposal by the state agency, provided the property s still usab e as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. ($) 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 CONDIT2ONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS %'1TH A UNIT ACQUISITION COST OF $5,090 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISIT]~ON COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired aed for no other purpose(s). (2) There shall be a peried of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use, except for such terns of major equipment, listed hereon, on which the state agency designates a further period of restriction. ($) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (B)(1) 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 California and the donee shall release such property to such person as the state a~ency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the per od(s) of t me ~he eond t ohs imposed by (B) and (C) above remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise disl:s~e 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, sba be remitted promptay 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 so]d, 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 t me the cond tons 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 fa r renta 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 per ed(s) of time the cond t OhS 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 he Un ed States, se , or otherwise d spese of the property. The proceeds from any sale s la 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 hsted 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 ~he 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) 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, reserva;tions, 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~ (17) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 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, Docu .n.n~nf by the authorized donee representative.