HomeMy WebLinkAboutRES NO 167-95Office of Surplus Property
CITY OF BAKERSFIELD
RESOLUTION NO. 167-95
APPRgVED ON: 11-8-95
RESOLUTION
"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 the-the official(s) and/or employee(s) 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
California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form."
NAME
(Print or type.)
Alan Tandy City ManaL, er
Joe Lozano Public Works Op. Mgr.
Ernie Medina Fleet Superintendent
TITLE
SIpSATOnE
OR
C.
PASSED AND ADOPTED this 8th day of Novent)er
the City of ~akersfield
by the following vote: Ayes: 7 ; Noes: 0 ; Absent: 0
I, Carol Williams
City Council
, 19 95 , by the ~of
. City Council
, Clerk o.t the ~o/
the City of Bakersfield do hereby certify that the foregoing is a .full, true, and
correct cop~t o.f a resolution adopted by the ~'3 ~a regular 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 oJfice of the Board.
City of Bakersfield
Name of organization
1501 Truxtun Avenue
Mailing address
Bakersfield, Kern
City County
93301
ZIP Code
AUTHORIZED this day of , 19 __ , by:
City
Name of chief administrative officer Title
Name of organization
Mailing address
(Signed)
County ZIP Code
NOTE: 1F YOU HAVE A GOVERNING BOARD, SECTIONS "A" AND "B" SHOULD BE COMPLETED.
IF YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED.
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of
1954; within the meaning of Section 2080) 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 imtitution or organization, the property is needed for and will be used
by the recipient for educational or public health purposes, including 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.
(:3) Funds are available to pay all costs and charges incident to donatiov.
(4) 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,
Section 504 of the Rehabilitation Act of 1978; as amended, Title IX of the Education Amendments of 1972, as amended, and Section $05 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 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.
(g) 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 soeh property shall at
the option of GSA revert to the United States of Amesiea 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 $S,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
EXCF-,PF VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFF:
(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, 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)(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 agency shall direct.
(D) TIIE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(1) 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 dispose 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 et'feet,
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 maybe, 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 peried(s) of time the conditions imposed by (B) and (C) remain in et'feet,
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 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 los~ 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.
(Iv} TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIBCBAIq' AND VESSELS (50 FEET OR MORE IN LENGTH)
HAVING AN ACQUISITION COST OF $S,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.
Offk:a of Surplus Proper~
701 Bufi~n~ ?r~e Rood
STATE OF CALIFORNIA
APPLICATION FOR ELIGIBILITY
FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
New
Renewal ~-~
Before preparing this application, please read carefully the definitions given under Part R Fill out all applicable sections.
Part A.
Legal name of organization ?ity of Baker_.~f.ield ~ . , Telephon~ 805) 326-3767
Address 1501 Truxtun avenue City ~aKersxie,o County Kern ZIP 93301
CONTACT PERSON: VAUGHN HANSEN 326-3795
1. Application is being made as a (please check one) (a) Public agency g] or (b) Private, nonprofit and tax-exempt educational or
public health organization ~. Please provide evidence that the organization is a public agency or enclose a copy of the letter
or certificate from the United States Internal Revenue Service evidencing tax-exemption under Section 501 of the Internal
Revenue Code of 1954.
2. Check type of agency or organization and attach a supplement to this application describing the program operaflora and
activities. For private, nonprofit organizations, the following additional information is required: (a) For educational imtitutions,
include a description of the curriculum, the number of days in the school year, and the number and qualification of the faculty
or staff; (b) If a public health institution or organization, include a description of the health services offered, qualifications of
staff and, if applicable, the number of beds, number of resident physicians, and number of registered nurses on the staff.
PUBLIC AGENCIES: Check either state I-I or local ~-1 [] Conservation
[] Eoonomie development
[] Education
Grade level
(Preschool university)
Enrollment
No. of school sites
V1 Parks and recreation
VI Public health
[] Public safety
[] Two or more of above
~'1 Other(specify) Ineoroorated City
NONPROFIT INSTITUTION OR ORGANIZATION:
[] Education
Grade Level
(Preschool universily)
Enrollment
No~ of school sites
[] School for the mentally or physically handicapped
[] Educational radio or television station
[] Museum
[] Library
[] Medical institution
[] Hospital
[] Health center
[] Clinic
[] Other (specify)
& Cheek if the applicant program is approved [~; accredited 1~ or licensed [~ Enclose evidence of such approval accreditation, or
licensinK If the applicant lacks evidence of formal approval, aeereditatinn, or licensing. cheek here [] and refer to the enelnsed
instruetion~
4. Are the applicant's services available to the public at large? Yes. If only a specified group of people is served, please
indicate who comprises this group.
5. Checldist of attachments submitted with this application: [] Evidenco that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954.
{~ Description of program operations and activities.
[] Evidence of approval, accreditation, or licensing or information submitted in lieu thereof.
[~1 SASP Form No. 202, "Resolution," properly signed, designating representatives authorized to bind the applicant to the terms
and conditions governing the transfer of federal surplus personal property.
I-~ SASP Form No. 20~, nondiscrimination compliance assurance.
[51 Statement concerning applicant's ncodg resources, and ability to utilize the property.
[] Other statements or documentation requi~as spec~ifi~in the instruction, for certain categories of applicants.
Date: Ja~nnry 18, 1996 Signed: ~R~ENCY USE Title: Public Works Op. Mgr.
Application approved:
Application disapproved:
Comments or additional information:
Date: Signed:
Director
P&rt Bo
DEFINITIONS
Accredited: Approval by a reon~nized accrediting be~ril or
~ocistion on n regional, state, or uattona] level, such as state beard of
education or heah~; the Amerieun Hc~pital A~oci~tion: a r~iona] or
nntin~al ~edittng ~ociation for universities, colleges, or secondary
schoo~ or another recognized accrediting a~ociation.
Appro~d: Rec~nitinn an~ approval by the State Dep~nent of
Education, State Department of He~lth~ or nther appropriate authority.
With r~l~'t to an educational institution, approval must relate to
academic or im~ructional standasd~ An educational institution may be
eor~iered as approved if its credits are accepted by accredited or
st~te-apprc~ institutiom or if it meets the aeudemie or in~uctional
stam~rcls preseflbnd for public schools in the stnte~
C]~J~ oare c~ate~: A public or nonprofit facility where clay care
serviem ~ch as educational. ~ociel. healtl~ and nutritional se~ces are
y~d~ ~to children through age 14 and which ts approved or licensed
te or other appropriate authority.
~n~c: An approved public or nonprofit facility organized and
operntnd for the primary pm~se of providing outpatient public, health
~ervtc~ including eustoma~ related services such as laheratones and
C.o~: An approved or accredited public or nonprofit
of hl~ ~ offcr~ cegont~d audy onurses and credits leading
to. l~,il~te or hl~hcr degre~
~_,~u~uat~n: A pr_~_mn or programs carried out or promoted by
a p~b~c &~ for public pmpo~s involving, directly or indirectly,
the prot~ntk~ maintenance, development, and restoraUon of the
nalmal resourc~ of a given political area. These resources include but
· re ~ol limited to the air, land, forest~ water, rtver~, streams, l~es,
Eco~)m~ ~oe/~t: A pre, ram or programs carried out or
promntnd by a pubhe aaency for public l)mlx~es which invol~.
directly or indirectly, dforts to improve the oppo~mdttes of a given
~ ~ for the mcce~fu] ~tahiisbm~nt or ~1~o~ of
indmtral, commorci~ or agstonlmral pl~u or faciltiins and which
nt~ assist in the cl~atton of long term employment oM0~rtunitles
in tie ~ or primarily benefit the unemployed or tbese with ]~v
E~t~a~ionaf m~tltut/~n~ An otherwise eligible public or nonprofit
pro~rams. Inelnding rese~h for any such programs, tach as a child
phy~y hendicapped~ educational radio or television s~riol~
E~.__,c~f~om~l rodin amtto~: A radio station licensed by the Fedev~
Communications Commission and operated exclusively for
no~.~mercia] educational purposes and which is public or nonprofit
m~l taut exempt under Section ,501 ~ the intern~ Reven~e Code of
IW~4.
Eds~af~m~ t~,o~qon a~flous: A television sintion license~ by the
Federal C~munie~tious Commi.~ton mid operated exclusively for
noncommercial educarional purlx~es and which is public or nonprofit
and l~x exemp~ under Sentto~ ~01 of the lntern~ Revenue C~cle of
H~s~th c~nt~r: An approved public or nonprofit facility utiliz~l by
a health unR for the provision of public health services, inehiding
related facfiiti~ such as diagnosrie and lahoratury facilities and elinic~
Ho~p~: An approved or accredited public or nonprofit infdtution
provtdh~ public health serv~ccs primarily for inpatient medice] or
surgical care of the sieh and injured, including related facilities such
la~c~rntorie~, out~ltient clepartments, training facilitie~ and ~aff
Lt~'ar~: A pubhe or nonprofit facility providing library services
f~ee to MI residents of a community, distriot, state or region.
Med~l ~titut~on: An otherwise eligible public or nonprofit
in~itution, facility, entity, or organization the primary fm~don of
which is the furnishing of health and mndica] ~erviee~ to the public at
I~rge or promoting public health through the conduct of research for
any meh ~ exper~xents, training, or demonstrations related to
the ease. prevention, and mctl~ds of cltagneM~ and treatment of
disea~s and iniu,-ie~ ~ term includes but is not limited to hospitals,
cltoic~ aloohelic and drag abuse treatment eentor~ public health or
treatment centers, re~earch and health centers, seriatrte center
laheratofie~, medical ~ dental w. heols, nurstng schou~, and
simi~ lnstitution~ The term cloes not ine]ucle institutions primarily
engaged to dominilia~ c~re altheu~h a separate mediea]~ facility
within such a domiciliary institntin~ may qualify as a medical
tnstitnt~n."
Museum: A public or nonprofit activity which: (a)
article~ of art~ic, cultural, scientific or historical inten~; (b) employs
a qualified full time ~a~f member which devotes his or her time
prima-fly to the aequirition, care. preservation and exhihitio~ of
object~ owed or usnd~ and, (c) ezhihits the~ articles on
to the public free or at a nomiual eherg~.
Nongrof~t tustttutlun: An educationa} or public he~th institution
or organization, no part of the net earnings of which inures or may
lawfully inure to the hene~it of any private shareheliler or individual
and which ba~ been held to be tax exempt under the prov~inn~ of
Section 501 of the Internal Revenue Code of 1954.
Park and recre~t~n: A program or programs cas~ind out or
promoted by a publie agency for public purposes which involve
directly or indirectly the acquisition, development, improvement,
maintesmm~e, and protection of park and recruational fact]ities for the
residents of a given pulitieal aret These facilities include but are not
limited to parks, playgrounds and athletic fie]ds, swimming pools, golf
courses, nature facilities, and nature trall~
Pu~c agency: Any state;, any pulitical subdivision thereof,
including any unit of local government or economic development
district; any department, agency, iustrumenta]ity thereof, inehiding
instrnmentalitie~ created by eempact or cthcr agreement bew~een a
state and anothe~ state, a political sul~livtsin~ a mulUjurisdsettonal
substnte district estchitshed by or pursuant to state law, or any indian
tribe, ~ group, pueblo, or community located on a state
reservntioo.
Pu~/tc heaf~h: A program or programs topromo~e, maintai~ and
cop~erve the public's health by providing health servicor to individiuils
and by conduct of research, invmtigaHons, examination, t~ining, and
demonstratior~ Public health services may include but are not limited
to immunization, maternal and child health programs, sanitaxy
engineering, sewage treatment and ~ sanitation inspection and
supervision, water purification and di~atbution, air poliurion centro],
garbage and trash dispmal, the control and ehmination of
PuHu: ~.fe~l~: A program or programs carried out or promoted by
a public agency for public porpmes involving, directly or indirectly,
the protection, s~fety, and law enforcement activities and ~ eriminal
justice system of a given puhtice] area. Pub]le safety progams may
include but are not limited.to throe ctr~ed out by public pulice
depat~nen~ she~ffs' officek the eoum, penal smd correctinna]
institutions including juvenile factlitie~ state and civil dofense
organizatiom, and fire dep~anonts and rescue squads inehiding
volunteer fire departments and rescue squads supported in wl~e or in
School (exeept sehonls for the mentally or physically
handicapped): A public or nonprofit, approved or accredited
organizational entity devoted prima~ly to approvnd academic,
primarily for educational purposes on a fuli-time ~ for · minimum
school yetr and employ~ a full*time st.~f of qoulifind im-~.untor~
Scheo/ ~or the monudfp hend~ppe, d: A facility or institution
operated prinu~y to provide specialized instruction to students of
limited m~ntal capactty. It must he public or nonprofit and mu.~
operate on a full-time hesis for the eqnivalont of a rnlnimslm
year prescribed for public school inst~untinn of the mentaliy
hendicopprd, have a staff of qualified instructors, ~nd demons~'ate
that the facility meets state ond local bealth and safety standard~
Schonf .for the phl~:~ ~nd~copped~ A school organized
primarily to pro~*de ~nli*.'d instruction to students whese physical
hendicapr necessitate individual or group instrncti~. The scheo~ must
be public or nonprofit and operate on a fuli-time he,is for the
equivalent of a minimum ~cheol year prescribed for public school
instruction for the physically handicapped, have a staff of qualified
instructors, and demon~nte that the facility meets state and local
health tnd ~fety stand~rd~
Taz-~uppu~ed organ~t~on: One which receives a major portion
of its financial mppurt from moneys derived from state or local
government revcrRt~k
Un~'~¥: A public or nonprofit, approved or accredited
institution of higher education empowered to confer degrees in s~eciel
depamnents or coflege~