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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~