HomeMy WebLinkAbout2004-12 RESOLUTION NO. 2004-12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING DESIGNATED EMPLOYEES TO ACQUIRE FEDERAL SURPLUS
PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY
UNDER TERMS AND CONDITIONS
WHEREAS, there exists a need for the City of Ukiah to purchase items at a cost
savings due to the current financial constraints of Local Government in California.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah, and
hereby ordered that the officials and/or employees whose names, titles, and signatures are
listed below shall be and are hereby authorized as the City of Ukiah's representatives to
acquire federal surplus property from the California State Agency for Surplus Property
under the Terms and Conditions listed in "Attachment A".
NAME
Bua, Don
DeKnoblough, Larry
Dewey, Chris
Elton, Gordon
Gore, Gordon
Hamblet, Tom
Horger, Mary
Hughes, Jim
Klingbeil, Paulette
Latipow, Kurt
Looney, Jim
Richey, Paul
Sangiacomo, Sage
Seanor, Rick
Smith-Ferri, Sherrie
Stump, Charley
Ulvila, Marie
TITLE ~ .SlzG~....T.~URE E-MAIl. ADDRES~S
~ Manager ~.~ ~,~,,-~.., do_nb@cityofukiah.co.m..
Dir. Of Comm.Service~/~~./~~2-7'l larryd@cityofukiah.com
Police Admin. Captain~ r" 'r~.;~"~,'~/deweu@cityofukiah.com
Dir. Of Finance/Cityclerk-",-~~~~°rdone@cityofukiah.com_
Airport Assistant...~'/~,.~r~~,~'"~ ~,. ~ordo_ng@_cihLofuki_ah_.~om
Parks Supervis~'-~ ~
Purchasing AgentL ,/~[d/,~C~¥_~,..4~--~marv @cityofukiah.com
Golf Supervisor__ ( ~'t,~~, ~ -
MIS Coordinator)~-~.~'~,~.~.;~ ~__~.~ paulettek@cityofukiah.com
Fire Chief .~--~~ /A,~ kurtl@cityofukiah.com
Public Works Super.~-,/-,~?;~ +;~./ iiml@citvofukiah.com
Airport Assistant [.~~ _j~,A.,.~ paulr@ci~ofukiah.c0m
Community Ser. Super.,/,~,,~.~' ~3~ages@_c~kia__h_,_cpm
Dep. Dir. of Public Works ~,,~~ ricl~@citvofukiah.com
Museum Bi rectoC~~/~~~,~ h'e rrie~s @ cityofu kiah. co m
Dir. Of Planning' '/__~?~.~~ charleys@cityofukiah.com
Deputy City Clerk o'~.~~~.2.~---¢'¢.7~arieu@cityofukiah.com
AYES:
NOES:
ABST,~,IN' None.
AB,S.~ ~'~
~' ~'~'rd~Jn EIton,
PASSED AND ADOPTED this 15th day of October 2003, by the following roll call vote:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
None.
Eric Larson, Mayor
Resolution No. 2004-
Page 1 of 2
TERMS AND CONDITIONS
'A'n'ACHMENT_L~__
(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 203(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 will be used by the recipient for cam/lng out or promoting for the residents oia 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
purpose, 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 pdor approval of the state agency.
(3) Funds are available to pay all casts and charges incident to donation.
(4) This transaction shall be subiect to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Am of
1964, TitJe VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amenc~ed.
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) Ali items of Property shell 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 shell immediately notify the
state agency and, at the donee's expense retum such property to the state agency, or otherwise mai(e the property available for transfer or other disposal by the state
agency, provided the property is still usable as determined by lfle state agency.
(2) Such specJal handling or use limitations as am 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 dght 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 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION 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 and for no other purpose(s).
(2) Them shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a pedod 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 pedod 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.
(13) THE 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 disposal of the property, when such
action is authorized by GSA or by the state agency, shall be remitted promptJy 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 pdor approval of GSA or the state agency.
the donee, at the option of GSA or other 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
~ fair rental value of the property at the time of such disposal, as determined by GSA or the state agency.
(3) If at anytime, 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 ltm 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 ~ pmpe.qy~ The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shail 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 ~ 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 warran~ 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 proceecls, of an
amount equal to the unamortized par'don of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSLES (50 FEET OR MORE IN LENGTH) HAVING AN
AC~:UISTION 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. Document executed by the
authorized donee representative.
)EPARTMENT OF GENERAL SERVICES SASP Form 201-A (02~2000)
~ROCUREMENT DIVISION www. pd.dgs.ca.gov
~URPLUS PROPERTY
700 NATIONAL DRIVE ELIGIBILITY RENEWAL APPLICATION
;ACRAMENTO, CA 95834-1965 FEDERAL SURPLUS PROPERTY PROGRAM
916) 928-4630
A. Name of Organization
Address
Organization is a:
PUBLIC AGENCY
A. Conservation
B. Economic Development
C. Education - ADA
D. Parks & Recreation
, .
E. Public Health
F. Public Safety
_G. 2 or more listed
H. Other (includes
library/museums
Telephone
City County.
NONPROFIT AGENCY
J. Pdvate Education
K. Pdvate Health
L. Older Americans Act for Sr. Citz.
M. Homeless Program
NOTE: Categories J-K-L-M
Number of sites ,_
B.
NAME-(Print or type)
I. Homeless Program Enrollment or number' ~f clients served _
RESOLUTION
'BE IT RESOLVED by the Governing Board, OR by the Chief Administraflve Office of those
organizations which do not have a governing board, and hereby ordered that the official(s)
and/or employee(s) whose name(s), rifle(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 Califomia State Agency for Surplus Property under the Terms and Conditions listed
on the reverse side of this form."
TITLE SIGNATURE
Zip
E-MAIL ADDRESS
PASSED AND ADOPTED this ___. day of
,, 20 , by the Governing Board of
by the following vote:
AYES: · NOES: · ABSENT:
Clerk of the Governing Board of
I, 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 place of meeting at the date and by the vote above stated, which
resolution, is on file in the office of the Board.
C.
(Signed)
*NOTE: IF 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·
AUTHORIZED this ~ day of
· 20 , by:
Name of Chief Administrative Officer Title
(Signed)_ ~
FOR STATE AGENCY USE
Application approved: Application disapproved:
Comments or Additional information
Date: Signed:_
RESOLUTION Page 1 of 2
Ae
SP Form No. 202 (12/98)
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 that 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."
REPRESENTATIVES NAME TITLE
(Print or type.)
SIGNATURE
B. PASSED AND ADOPTED this ~ day of
,20 , by the Governing Board of
by the following vote: Ayes: __; Noes: ~; Absent:__
, 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 place of
meeting at the date and by the vote above stated, which resolution is on file in the office of the Board
Name of organization
OR
Mailing address
City County ZIP code
AUTHORIZED this
(Signed).
day of ., 20 , by:
Name of chief administrative officer
Title
Name of organization
Mailing address
(Signed).
City County ZIP code
NOTE: IF 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.
Office of Surplus Property
OSP Form 203 (12-98)
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 1.973, as amended,TITLE IX of the Education
Amendments of 1972, as amended and SECTION 303 of the Age Discrimination Act of 1975.
(Name of donee organization)
(hereinafter called the "donee")
HEREBY 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 arrangements 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 CRF 101-6.2) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of
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 Ac. of 1975, to the end that no person in the United States shall on the ground of race, color,
national origin, sex, or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be
excluded from participation in, be denied the benefits 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.
DATE
By
Donee Organization
(President/Chairman of the Board or
comparable authorized official)
(Street Address)
(City) (State) (Zip)