HomeMy WebLinkAboutRESOLUTIONS - 03301982 - 82/383/;·; ; ,
/ ·/ ;:.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
March 30, 1982 b th f ff · t Adopted this Order on --------'-'-''----'--'--'---------, Y e o owing voe:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT:
Supervisors Powers, Fahden, Schroder, Torlakson, McPeak.
RESOLUTION NO. 82/383
Updating Surplus Personal Property Program Eligibility Files and
Authorizing Representatives.
Public Law 94-519 permits the donation of Federal Surplus Personal
Property through a designated State Agency to any public agency to assist in car-
rying out or promoting for the residents of a given political area, one or more
public purposes such as, but not limited to, conservation, economic development,
education, parks and recreation, public health and public safety; and
The Board, by Resolution No. 77/783 now rescinded, did establish eligibility
to acquire such property through the State Agency for Surplus Property; and
The Regulations require that complete eligibility files be updated at
least every three years; and
It is desirable to establish administrative responsibility for the pro-
curement of such property;
NOW, THEREFORE, BE lT RESOLVED that the Office of Emergency Services shall
be responsible for the administration of the Federal Surplus Personal Property Pro-
gram 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 that
M. G. Wingett
-....,t=..:..;.::.....s...<..,.;.:...==.:;_;;;¥'h"'"'----County Administrator
are the authorized representatives (Category 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.
Orig. Dept.: Office of Emergency Services
cc: County Administrator
State Agency for Surplus !roperty
RESOLtrrION NO.
I hereby certify thst this is a true and correct copyot
an £ction tak~r; i:.nd :1:r1"!· .. ·= 'l :J:1 i.ha rr.ir.ut~s of the
Board of Su;,cr·:;.,~.-., c;·, Ii,, dale shc:Yn.
ATTESTED ...... 111~lL1. 0_1_98_2 ___ _
By
82/383
J.P.. cu::-.·': CD•:',:ryc:._ERK
and a;: ctif::,.:;,, C:.:;·,:;, of the Bo::.rd e hralZ&f'U£ , Deputy
043
TERMS AND CONDITIONS
· {A) TH.E DONEECERTIFIES THAT
11) his a public agcnC)·; or a nonprofit educational or public health institution or organization, exempt from b:Ution under Section S0J
or the Jn1<mal Revenue Code of 1954; within the meaning of Section 203(i) of the Federal Property and Administrative Se7vices Act of 1949,
as amended, and the: rc:gula1ion.s of the Administrator of General Services.
(2) If a public agency, the property is needed and will be used by the recipient for canying out or promoting for the residents of a given
political .area one or more public purposes, or, if a nonprofit tu--excmpt institution or orpnization, 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
othC'r use or purpose, or for sale or other distribution: or for permanent use outside the Jla1c 1 except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident lo donation.
(4) This trans.action sh.all be: subject to the nondisaimin.ation regulations governing the donalion of wrplus personal property issued
under Title VI of the Civil Ri,!;hts Act of 1964. Tille VI. Section 606, of the Fodera! Property and Administrative Services Act of 1949, as
amended, Section 504 of the Rehabilitation Act of 1973, .a.s amended, and Section 303 of the Age Di1crimination Act of 1975.
(BJ THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) A_U items of property shall be p!aced 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 uae. In the event the property is not so placed in use, or
continued in use. the dance sh.a.JI immediately notify the: state agency and, al 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 stale 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) .ln the event the property is not so used or handled as required by (B){l) and (2), title and right to the possession of such property
sk.1ll at the option of GSA r~vert to the United States of America 3nd upon demand the donec ,hall release such property to ruch person u
GSA or its dcsignec 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:
(I) The property shall be used only for the purpose(s) for which acquired and for no other purpose(,).
(2) There shall be a period of restriction which will expire ,fter 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 itc,ru of major equipment, listed hereon, on which the state
agency designates a further period of restriction.
{3) In the event the properly is not so used as required b~ (C)(I) and (2) and federal restrictions (B)(l) and (2) have expired then title
and i-ii;ht lo the possession or such properly sl1all at the option of the state agency revert to the State of California and the donee shaJJ release
such property to such person as the st.ate 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
rcmajn in effect, the dance shall not sell, tradC'. lease, lend. bail, c.1nnibalize 1 encumber. or otherwise dispose of such property, or remove it
permanently, for use outside the state, without the prior approval of GSA under (BJ or the state agency under (C). The proceeds from any sale,
trade. lease. loan. bailment. encumbrance, or other dispos.al of the property. when such action is authorized by GSA or by the stale: agency ..
shall be remjtted promptly bl' the do nee to GSA or the state •~ency. as the case may be.
(2) In the event any of the property listed hereon i1 sold, traded, !cued, loaned, bailed, .::innibalized, encumbered, or otherwise disposed
of by the donee from the date it receives the property through the period(,) of time the condition., imposed by (B) and (C) remain in effect,
without the prior approval of GSA or the slate agency, the donee. at the option of GSA or the state agency, shall pay to GSA or the st>te
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 atency.
( 3) If at any time:, from the date it receives !he propert}' through the period(s) of time thr-condicions imposed by (8) and (CJ remain in
effect, any of the property listed hereon is no longer suitabk, us.able. or further needed b~· the dance for the purposc(s) for which acquis:c:d, the
donet· shall l?rornptly notify the state atency, and shall, as ditectc:d by the state ag.::nc)', 1c1urn the property to the state .agency, release the
propcrly to another dance or :mother state agency or a dcpJrtmcnt or agency of the United States, sell, or otherwise dispose of the property.
The proceeds from any sale shall be remitted promplly by the donec to the state agency.
(4) The donee shall m:1ke reports to rhc-state agency on the usr, condition, and JoC<ttion or lhe property listed hereon. and on orher
pertinent ma!lers as ma;· be required from tame to timt! h)' the state agency.
(5) At the option of the state agency. the donee may abrogate the conditions set forth in (0 and the terms. ruervatians, and restrictions
pertinent thereto jn (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:
(I} The property acquired by the donee is on an ··as is:· "'where Js"" basis, without warnnry of any kind.
(2} Where a donee carries insurance against damages 10 or loss of property due to fire or other hazards and where Jo" of or damage to
donated property with unexpired terms, conditions. rescnrations, or restrictions occun, the stale agency will be cntilJed to reimbursement from
the donee out of the insurance proceeds. of .an amount equal to th,: unamortized portion of the fair value o( the damaged or destroyed donated
items.
(Fl TERMS AND CONDITIONS APPLICAlll.E TO THE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORE IN LENGTH)
HAVING AN ACQUISITION COST OF SJ,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
· The donation shall be subject to the terms. conditions. reservations. and re!lrictions set forth 1n the Conditional Transfer Document
executed by the authorized dom~e representative. ! /
RESOLUTICN NO .. ~'d/.j[' 5
(EXHIBIT A)
FS0-246 De 12202 3-81 3M
0 044
PffiCe of Surplus Property
-'.:>SP Form No. 203
{3-81 l
ASSURANCE OF O'.l.'-1PLIANCE WI'lli GSA REGUIATICNS UNDER TITLE VI OF 'IHE
CIVIL RIGHTS ACT OF 1964, SECTICN 606 OF TITLE VI OF 'IHE FEDERAL
PROPERIY AND ACNINISTRATIVE SERVICES !Cr OF 1949, AS AMENDED,
SEX:TION 504 OF '!HE REHABILITATION N:r OF 1973, AS AMENDED,
AND SECTION 303 OF '!HE AGE DISCRIMINATION ACT OF 1975
, (hereinafter called the "donee"), ----=-(N"""am_e_o-=f-a-=-0-n_e_e_o_r_g_a_n..,..iza_t,,_1,-. o-n--=i----
HEREBY AGREE.5 THAT the program for or in connection with which any property is
donated to the donee will be conducted in catpliance with, and the donee will
comply with ard will require any other person {any legal entity) who through
oontractual or other arrangements with the donee is authorized to provide ser-
vices or benefits under said program to carply with, all requirements irrposed
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 amerrled, ard Section 303 of the Age Discrimination Act of 1975, to the end
that no person in the United States shall on the grourrl of race, color, national
origin, sex, or age, or that no otherwise qualified handicapped person shall
solely by reason of the handicap, be excluded fran participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
for which the donee received Federal assistance fran the General Services Admin-
istration; and HEREBY GIVES ASSURANCE THAT it will irrunediately take any measures
necessary to effectuate this agreement.
'Ihe 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 MAR 301982 -----------------
lbnee Mailing Address
D:>nee Organization
BY r' ~ rp-± ~ak_
{President/Chairman of the Board
or CCJiparable authorized official)
0 045
Californ:....State Dq,arrment or Education
~late A~ency for Surplus Propmy
h1 Capitol Mall, Sacramento, CA 95814
SASP Form No. 201 (I 0-77)
ST A TE OF CALlFORNIA
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.
Le I f ·zati'on CONTRA COSTA COUNTY Telephon 415-228-5000 ga name o orgam • =--,.,-----------~,----,-----------=----,,_ Address 50 Glaci.er Drive City Martinez County Contra Costa ZIP 94553-4896
I. Application is being made as a (please check one) (a) Public agency G9 or (b) Private, nonprolil and lax-exempt educational or public
health organization 0. Please provide evidence that the organization is a public agency or enclose a copy of the letter or certificate from
the United Stales Internal Revenue Service evidencing tax-exemption under Section 501 of. the Internal Revenue Code of 1954.
::?. Check type of agency or organization and auach a supplement to this application describing the program operations and activities. For
prfrate, nonprofit organizations. the foUowing addiriorwl 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 qualiliclltions 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
b~ds. number of resident physicians. and number of registered nurses on the staff.
PUBLIC AGENCIES: Check either stale Dor local &
0 Conservation
NONPROFIT INSTITUTION OR ORGANIZATION:
D Economic development
0 Education
Grade leveJ _______ _
(t>reschool, u:ni\'er,ity)
D Education
Grade !eve) ________ _
(Prcscllool, univenlly)
Enrollment ...... _______ _
No. of school sites _____ _
Enrollment _______ _
No_ of school sites _____ _
0 School for the mentally or physically handicapped
0 Educational rad.io or television stalion
0 Parks and recreation
D Public health
D Public safety
~ Two or more of above
0 Other (specify) __________ _
D Museum
0 Library
0 Medical institution
D Hospital
0 Health center
0 Clinic
D Other (specify) __________ _
3. Check if the applicant program is approved D ; accredited D ; or licensed 0. Enclose evidence of such approval, accreditation, or
licensing. If the applicant lacks evidence of formal approval, accreditation, or licensing, check here D and refer to the enclosed
instructions.
4. Arc the applicant's services available to the public at large? Yes . If only a specified group of people i.! served, please indicate who comprises this group. ________________________________________ _
5. Checklist of attachments submitted with this application:
0 Evidence that applicant's program is a public agency or exempt from paying taxes under Section SOI of the IRS Code of 1954
l!9 Description of program operations and activities
0 Evidence of approval, accreditation, or licensing or information submilled in lieu thereof
~ SASP Form No. 202, .. Resolution," properly signed, designating representalives authorized 10 bind !he applicanl to the 1em1S ant'
conditions governing the transfer of federal surplus personal property
igj SASP Form No. 203, nondiscriminalion compliance assurance
Iii Statement concerning applicant's needs, resources, and ability lo utilize the property
D Other statements or documentation required, as specified in the instructions, for cenain categories of applicant!.
0:i1e ___ M_;;A;..;..R _..3_..0c...i.J....,98H.,----Signed:,'. z;;;; C~:j.,fiff&~itle: _C_h_a...,;i;..;;rm,......a-n~--.------Board of Supervisors
FOR STATE AGENCY USE
Application approved: ________________ Application disapproved: _______________ _
Comments or additional information: ___________________________________ _
Date: ______________________ Signed: ______________________ _
Dilector 0
Attachment: SASP Fo:z:m No. 201, Contra Costa County, Application for Eligibility
March __ • 1982
Description of program operations and activities
The SASP Program in Contra Costa will be administered, in general, by the Director,
Office of Emergency Services. The County Board of Supervisors has made provisions
to authorize independent participation by those agencies that can and do justify it.
Otherwise, the Director will designate Category II Representatives for requesting
departments and districts.
The foregoing indicates that the operations and activities will encompass those of
no:cmal California County Govermnents. They include, but are not limited to, con-
servation, econanic development, education, parks and recreation, public health,
medical, public safety, and civil defense.
Needs, resources, and ability to utilize the property
The property needed is usable items ranging from expendables to heavy construction
equipment that will assist in carrying out and promoting for the residents of Contra
Costa County the public purposes described hereinbefore.
The County departments and districts have legally constituted budgets that support
personnel and equipment to appropriately acquire, rehabilitate and/or utilize
Federal Surplus Personal Property.
The Director, Office of Emergency Services, will assure that all property is utilized
in accordance with the provisions on SASP Fo:z:m No. 202; acc0111plish the appropriate
and timely use reports; and maintain records of all transactions that will be open
for inspection by authorized State and Federal personnel.
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