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HomeMy WebLinkAboutMINUTES - 09141993 - 1.155 TO: BOARD OF SUPERVISORS " • Contra �,- - FROM: JOAN V. SPARKS, DIRECTOR 'wr Costa COMMUNITY SERVICES DEPARTMENT ' - ��. County DATE: August 31, 1993 ^a : n `T SUBJECT: APPROVE SUBMISSION OF APPLICATION FOR ELIGIBILITY FOR FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM. r SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION APPROVE and AUTHORIZE the Community Services Director to make application to be considered for eligibility for the Federal Surplus Personal Property Program and ADOPT the attached standard RESOLUTION authorizing the Office of Emergency Services Director or his designee and the Community Services Director or her designee to acquire Federal Surplus real and personal property. AUTHORIZE the Clerk of the Board of Supervisors to sign the Standard Resolution required by the State Department of General Services, Office of Surplus Property. APPROVE and AUTHORIZE the County Administrator, the Office of Emergency Services Director, and the Community Services Director, or their designee, to sign application documents and contracts on behalf of the County. II . FINANCIAL IMPACT There is, potentially, no County fund involvement. III . CONSEQUENCES OF NEGATIVE ACTION A decision not to approve this application could limit the expansion of much needed services for the families in Contra Costa County and increase the cost of acquisition of equipment and/or supplies substantially. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOARD ON SEP 14APPROVED AS RECOMMENDED . OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS 18 A TRUE UNANIMOUS(ASSENT ► AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Joan Sparks 646-5544 SEP 14 19m ' CC: CAO ATTESTED CSD PHIL BATCHELOR.CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) IV. REASONS FOR RECOMMENDED ACTION This proposed action upgrades the status of the County Office of Emergency Services, the County Administrator, and the Community Services Department to a priority "1 Screener" which allows the named individuals access to the Federal Bases and other facilities that are being closed by Congress . At present the County Administrator, the Office of Emergency Services, and the Community Services Department Directors and their designees are a status 112" which allows them to view and acquire federal surplus property at minimum cost. The status 2 is on a "first come-first served basis" after the property has been passed through the State of California GSA and "marked up" with adminis- trative and other costs . The status 1 allows the individuals to visit the bases as they are being closed and pick the property that is needed. The Department of Community Services is involved with feeding and caring for the homeless and the property, real or personal, under Federal mandate would be donated to those projects . By this involvement the County Office of Emergency Services can receive personal property at half price from the State GSA for homeless projects or possibly no cost direct from the Federal Base. One of the major projects that Community Services is developing is the Central Kitchen at the Neighborhood Services Mall ( formerly Work Furlough) to provide food services to Head Start, Child Development, and presently the Mt. View Homeless Shelter. A grant has been received for a portion of this development, but it is not enough to expand to 3,000 meals a day at retail or bid cost after the construction is completed. All of the bases have the type of equipment needed for that expansion which would minimize the cost of this expansion. r Go ✓/ Ca. State Dept. of General Services dI Office of Surplus Property 1421 No. Market Blvd. Sacramento, Ca. 95834 SP Form No.202(2/87) 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." NAME TITLE SIGNATURE (Print of type.) A. Phil Batchelor County Administrator Scott Tandy Asst. County Administrator Joan Sparks Dir. , Community Services Gary Brown Dir., Ofc. of Emerg. Srvcs. Ron Fray Development, Comm. Srvcs. Claire Maxwell Food Srvcs. Mngr. , Comm. Srvcs. B PASSED AND ADOPTED this /[t>ti day of Co.,-- Tre,„bo r , 1993 , by the Governing Board of Sr. O�e.Hy�sors - o sl �on-rr. Co 5T., C ,,ry by the following vote: Ayes:_;Noes: ;Absent: II n 0WA/V i Y"0Y S )I e 10 ,Clerk of the Governing Board of sc, e r v;s o r 5 e i Con?r a Co 5 To, Cc t,,,T do hereby certify that the foregoing is a full, true,and correct copy of a resolution adopted by the Board ata i,a as)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 Contra Costa County Name of organization 1220 Morello Avenue, Suite 101 Mailing address Martinez Contra Costa 94553 (Signed) City County ZIP code OR CXo V C. AUTHORIZED this day of , 19 ,by: Name of chief administrative officer ;itle 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. 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 lite Internal Revenue Code of 1954;within the meaning of Section 2030)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,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 donation. (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 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 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 stillusable 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 soused 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 OFS5,000 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) 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 soused as required by(C)(1)and(2)and federal restrictions(11)(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 personas the state agency 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 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 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 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 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,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 maybe 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 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 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 55,000 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.