Loading...
HomeMy WebLinkAboutRESOLUTIONS - 08191986 - 86-508 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Updating ) Surplus Personal Property ) Program Eligibility Files and ) RESOL'UTION NO . 86/508 Authorizing Representatives ) NOW, - THEREFORE, BE IT RESOLVED that the Office of Emergency Services shall be responsible for the administration of the Federal Surplus Property Program for all county departments and county special districts except those that can, and do, justify independent participation and are so authorized by this Board; and BE IT FURTHER RESOLVED that: Cecil Williams, Director F Office of Emergency Services �` Scott Tandy Assistant County Administrator Phil Batchelor County Administrator are the authorized representatives (Catagory I) of Contra Costa County to sign for and accept Surplus Personal Property under terms and conditions set forth on Exhibit A, attached, regardless of acquisition cost, in accordance with the most current County Regulations; and BE IT FURTHER RESOLVED that the Chairman is AUTHORIZED to execute Assurance of Compliance (OSP Form No. 203) and Application for Eligibility (SASP Form "No. 201) in accordance with requirements established by the California State Agency for Surplus Property; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State Agency for Surplus Property through the County Office of Emergency Services. I hereby certify that this is a;true and correct copy of 0299A an action taken and entered on the minutes of the Board of Supervisors on the date shown. CC : County Administrator ATTESTED: August 19, 19$6 Emergency Services PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator - , Deputy . Ca!ifor:ria State Department of Education w, State Agency for Surplus Property 721 Capitol Mall,Sacramento,CA 95814 STATE OF CALIFORNIA SASP Form No.201 (10-77) APPLICATION FOR ELIGIBILITY FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM Before preparing this application,please.read carefully the definitions given under Part B. Fill out all applicable sections. Part A. Legal name of organization_ CONTRA COSTA COUNTY Telephone415_228QQQ Address 1320 Arnold Drive, Ste. 160 City Martinez County Contra Costa ZIP 94553 1. Application is being made as a (please check one) (a) Public agency ® or (b) Private, nonprofit and tax-exempt educational or public health organization O. 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 operations and activities. For private, nonprofit organizations, the following additional information is required: (a) For educational institutions,include a description of the curriculum, the number of days in the school year,and the number and qualifications 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 O or local & NONPROFIT INSTITUTION OR ORGANIZATION: ❑ Conservation O Education ❑ Economic development Grade level ❑ Education (Preschool,university) Grade level Enrollment (Preschool,university) No,of school sites Enrollment ❑ School for the mentally or physically handicapped No.of school sites ❑ Educational radio or television station ❑Parks and recreation O Museum ❑ Public health O library Q Public safety ❑ Medical institution X1 Two or more of above O Hospital ❑ Other(specify) O Health center O Clinic O Other(specify) 3. Check if the applicant program is approved O ; accredited O ; or licensed Q. Enclose evidence of such approval, accreditation, or licensing. If the applicant lacks evidence of formal approval, accreditation, or licensing, check here O and refer to the enclosed instructions. 4. Are the applicant's services available to the public at large? Yes . If only a specified grrntp of people is served,please indicate who comprises this group. 5. Checklist of attachments submitted with this application: O Evidence that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954 $1 Description of program operations and activities O Evidence of approval,accreditation,or licensing or information submitted in lieu thereof n 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 K) SASP Form No. 203,nondiscrimination compliance assurance O Statement concerning applicant's needs,resources,and ability to utilize the property O Other statements or documentation required,as specifieq in the in ions,for certain categories of applicants. Date:August 1. 1986 Signed: v`'�� -�� Title: Chairman — Board of Supervisors Tnm P, ----- FOR n *PiFOR StTATE AGENCY USE Application approved: Application disapproved: Comments or additional information: ,late: Signed: Director Z Part B. DEFINITIONS Accredited: Approval by a recognized accrediting board or schools, nursing schools, and similar institutions.The term does not association on a regional,state,or national level,such as state board include institutions primarily engaged in domiciliary care although a of education or health; theAmerican Hospital Association; a separate medical facility within such a domiciliary institution may regional or national accrediting association for universities,colleges, qualify as a"medical institution." or secondary schools;or another recognized accrediting association. Museum: A public or nonprofit facility which is attended by the Approved: Recognition and approval by the State Department of public free or at a nominal charge and which provides museum Education, State Department of Health, or other appropriate services including the preservation and exhibition of artistic, -authority. With respect to an educational institution,approval must cultural,historical,or scientific objects. relate to academic or instructional standards. An educational Nonprofit institution: An educational or public health institution institution may be considered as approved if its credits are accepted or organization, no part of the net earnings of which inures or may by accredited or state-approved institutions or if it meets the lawfully inure to the benefit of any private shareholder or individual academic or instructional standards prescribed for public schools in and which has been held to be tax exempt under the provisions of the state. Section 501 of the Internal Revenue Code of 1954. Child care center: .A public or nonprofit facility where day care Park and recreation: A program or programs carried out or services such as educational, social, health, and nutritional services promoted by a public agency for public purposes which involve are provided to children through age 14 and which is approved or directly or indirectly the acquisition, development, improvement, licensed by the state or other appropriate authority. maintenance, and protection of park and recreational faFWties for Clinic: An approved public or nonprofit facility organized and the residents of a given political area.These facilities include but are operated for the primary purpose of providing outpatient public not limited to parks, playgrounds and athletic fields, swimming health services including customary related services such as labora- pools,golf courses,nature facilities,and nature trails. tories and treatmcnt rootrts, Public agency: Any state; any political subdivision thereof, College: An approved or accredited public or nonprofit institu- including any unit of local government or economic development tion of higher learning offering organized study courses and credits district;any department,agency, instrumentality thereof,including leading to a baccalaureate or higher degree. instrumentalities created by compact or other agreement between a Conservation: A program or programs carried out or promoted by state and another state,a political subdividison,a mullijurisdictional a public agency for public purposes involving,direclly or induectlx substate district established by or pursuant to state law, or any the protection, maintenance, development, and restoration of the Indian tribe, band, group, pueblo, or community located on a state natural resources of given political area. These resources include reservation. but are not limited to the air, land, forests, water, rivers, streams, Public health: A program or programs to promote,maintain,and lakes and ponds,minerals,and animals,fish,and other wildlife. conserve the public's health by providing health services to Economic development: A program or programs carried out or individuals and by the conduct of research,investigations,examina- prornotcd by a public agency for public purposes which involv5 tion, training, and demonstrations. Public health services may directly or indirectly,efforts to improve the opportunities of a given include but are not limited to immunization, maternal and child political area for the successful establishment or expansion of health programs, sanitary engineering, sewage treatment and industrial, co mnrcrcial, or agricultural plants or facilities and which disposal, sanitation inspection and supervision, water purification otherwise assist in the creation of long term employment opportun- and distribution, air pollution control, garbage and trash disposal, ities in the area or primarily benefit the unemployed or those with the control and elimination of disease-carrying animals and insects, lots incomes. and the control of communicable diseases. Educational institution: An otherwise eligible public or nonprofit Public safety:A program or programs carried out or promoted by institution, facility, entity, or organization conducting educational a public agency for public purposes involving,directly or indirectly, progsarns, including research for any such programs, such as a child the protection, safety, and law enforcement activities and the care center, school, college, university, school for the mentally or criminal justice system of a given political area. Public safety physically handicapped, educational radio or television station, programs may include but are not limited to those carried out by museum,or library, public police departments, sheriffs' offices, the courts, penal and Educational radio stations: A radio station licensed by the correctional institutions including juvenile facilities, state and civil Federal Communications Commission and operated exclusively for defense organizations, and fire departments and rescue squads noncommercial educational purposes and which is public or including volunteer fire departments and rescue squads supported in nonprofit and tax exempt under Section 501 of the Internal whole or in part with public funds. Revenue Code of 1954, School (except schools for the mentally or physically handi- Educational television station:A television station licensed by the capped): A public or nonprofit, approved or accredited organiza- Federal Communications Commission and operated exclusively for tional entity devoted primarily to approved academic,vocational,or noncommercial educational purposes and which is public or professional study and instruction, which operates primarily for nonprofit and tax exempt under Section 501 of the Internal educational purposes on a full-time basis for a minimum school year Revenue Code of 1954. and employs a full-time staff of qualified instructors. Health center: An approved public or nonprofit facility utilized School for the mentally handicapped: A facility or institution by a health unit for the provision of public health services,including operated primarily to provide specialized instruction to students of related facilities such as diagnostic and laboratory facilities and limited mental capacity. It must be public or nonprofit and must clinics. operate on a frill-time basis for the equivalent of a minimum school Hospital: An approved or accredited public or nonprofit institu- year prescribed for public school instruction of the mentally tion providing public healill services primarily for inpatient medical handicapped, have a staff of qualifed instructors,and demonstrate or surgical care of the sick anti injured, including related facifilies that the facility meets state and local health and safety standards. such as laboratories, outpatient departments, training facilities,'and .`School for the physically handicapped: A school organized staff offices. primarily to provide specialized instruction to students whose Library: A public or nonprofit facility providing libfary services physical handicaps necessitate individual or group instruction.The free to all residents of a community,district,state,or region. schoo!s must be public or nonprofit and operate on a full-time basis Medical institution: An otherwise eligible public or nonprofit for the.eouivalent of a minimum school year prescribed for public .institution, facility, entity, or organization the primary function of school insriuction for the physically handicapped, have a staff of which is the furnishing of health and medical services to the public qualified instructors, and demonstrate that the facility meets state at large or promoting public health through the conduct of research and local health and safety standards. for any such purposes, experiments, training, or demonstrations Tax-=Pported organization: One which receives a major portion related to the cause, prcvtntion, and methods of diagnosis and of its financial support from moneys derived from state or local treatmcnt of diseases and injuries. The term includes but is not government revenues. limited to huspitals, dinics, alcoholic and drug 3huse treatment University: A public or nonprofit, approved or accredited centers, public health or treatment centers, research and health institution of higher education empowered to confer degrees in c_nters, gcra r.: .,enter laboratories, medical schools, dental special departments or colleges. I'77-2 (Reprint) DE 12412 9-81 5M Office of Surplus Property OSP Form No. 203 (3-81) ASSURANCE OF COMPLIANCE WITH GSA RECULATIONS 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 1973, AS AMENDED, AND SBCT ION 303 OF THE AGE DISCRIMINATION ACT OF 1975 CONTRA COSTA COUNTY , (hereinafter called the "donee") , (Name of donee organization) 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 ser- vices or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 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 Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, and Section 303 of the Age Discrimination Act 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 Admin- istration; 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 prop- erty; 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 August 1, 1986 _ OFFT_CE OF EMRRGF.NCY SRRVTCFS Donee Organization ` BY (PrbsidentYChairman of the Board .or domparable authorized official) TOMTOWERS OFFICE OF EMERGENCY SERVICES 1320 Arnold Drive, Suite 160 Martinez, CA 94553 Donee Mailing Address TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency;or a nonprofit educational or public health 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 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,and including research for such purpose.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 1X 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 still usable 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 (lie property is not so used or handled as required by (13)(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 OF $3,000 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 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 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. I (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 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. i (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$3,000 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. F81-197 OE 12667 482 3M (EXHIBIT A)