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HomeMy WebLinkAboutMINUTES - 12071994 - 1.139 0301 TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR County Administrator DATE: November 10, 1993 SUBJECT: CALIFORNIA STATE SURPLUS PROPERTY PROGRAM Specific Request (s) or Recommendation (s) & Background & Justification REQUEST: Authorize the CAntra Costa County Sheriff-Coroner' s Division to acquire federal surplus property from the California State Agency for Surplus Property. Sign the attached documents ( "Resolution" (sections A and B) and "Assurance of Compliance" ) naming the representatives authorized to acquire such property. FINANCIAL IMPACT: Used items available from the program' s warehouses are discounted 75-900-. off new prices. Occasionally never-used items are available, and they are discounted 25-30% off of new prices . If property can be obtained directly from the military base, then an even greater discount is available. The County will save money by acquiring needed goods from surplus property rather than by purchasing it at regular prices . REASONS FOR RECOMMENDATION/BACKGROUND: The California Surplus Property Program warehouses surplus state and federal property. The volume of property available for distribution through this program is expected to increase dramatically due to the closure of military bases in California. This property is available for acquisition by governmental agencies and non-profit organizations . The attached documents are necessary for application to participate in the program. Some examples of the types of property we would like to acquire include: vehicles, office furniture, computer equipment, camera equipment, and laboratory equipment . This program gives County Departments the opportunity to replace aging equipment which we do not have the ability to replace otherwise due to financial considerations . We would also seek items that would allow us to improve our work efficiency. Continued on Attachment: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: 19 y3 Approved as Recommended-- -Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: Attested: cc: CAO--Justice System Programs Phil Batchelor, Clerk of Sheriff the Board of Supervisors and County Administrator By: - DEPUTY Dept,. of General Services Office of Surplus Property 1421 No. Market Blvd. New n Sacramento, Ca. 95834 STATE OF CALIFORNIA Renewal 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. CONTRA COSTA CO. SHERIFF—CORONER(CORONERS DIV.) 510-313-2850 Legal name of organization Telephone Address 1960 MUIR RD. [h%1ARTTNF7 CountyCQNTRA COSTA 7i_1D34,53, 1. Application is being made as a (please check one) (a)Public agency flor (b)Private, nonprofit and tax-exempt educational or public health organization Q 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 qualification of the faculty or staff; (b) If a public health institution or organization,include a description of the health services offered, qualificatons 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 localyd NONPROFIT INSTITUTION OR ORGANIZATION: O Conservation O Education O Economic development Grade level O Education (Preschool,University) Grade leNd Enrollment (Preschool.university) No.of school sites Enrollment ❑ School for the mentally or physically handicapped No.of school sites O Educational radio or television station O Parks and recreation O Museum A2 Public health O Library O Public safety O Medical institution O Two or more of above O Hospital O Other(specify) O Health center O Clinic O Other(specify) 3. Check if the applicant program is approved ❑;accredited O;or licensed 11 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? NO . If only a specified group of people is served,please indicate who comprises this group.r n_W LNMECj n= AGENC'TFS C;F.RVTNC AT,T. ( TTT7FN.C; TM Tri MTRTTIV 5. Checklist of attachements submitted with this application: M Evidence that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954. O Description of program operations and activities. ❑ Evidence of approval,accreditation,or licensing or information submitted in lieu thereof. Ya SASP Form No. 202, "Resolution;' properly signed, designating representatives authorized to bind the applicant to the terms and conditions governing the transfer of federal suplus personal property. Ya 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 specified in the instruction,for certain categories of applicants. Date: Signed: Title: FOR STATE AGENCY USE Application approved: Application disapproved: Comments or additional information: Date: Signed: Director Part B. DEFINITIONS Accredited. Approval by a recognized accrediting board or schools,nursing schools,and similar institutions.The term docs not r asWrcution on a regional, state, or national level, such as state include institutions primarily engaged in domiciliary care although board of education or health; the American Hospital Association;a a separate medical facility within such a domiciliary institution rrgional or national accrediting association for universities,colleges, may qualify as a"medical institution." or secondary schools;or another recognized accrediting association. Museum: A public or nonprofit activity which: (a) owns or A pprowd. Recoginition and approval by the State Department uses articles of artistic, cultural, scientific or historical interest; of Education, State Department of Health, or other appropriate (b) employs a qualified full time staff member which devotes his authority. With respect to an educational institution,approval must or her time primarily to the acquisition, care, preservation and relate to academic or instructional standards. An educational exhibition of objects owned or used;and,(c)exhibits those articles institution may be considered as approved if its credits are accepted on a regular basis to the public free or at a nominal charge. by accredited or state-approved institutions or if it meets the Nonprofit Institution: An educational or public health institu- academic or instructional standards prescribed for public schools in tion or organization, no part of the net earnings of which inures the state. or may lawfully inure to the benefit of any private shareholder or Child care center: A public or nonprofit facility where day care individual and which has been held to be tax exempt under the services such as educational, social, health,and nutritional services provisions of Section 501 of the Internal Revenue Code of 1954. are provided to children through age 14 and which is approved or Park and recreation: A program or programs carried out or licensed by the state or other appropriate authority. promoted by a public agency for public purposes which involve Clinic: An approved public or nonprofit facility organized and directly or indirectly the acquisition, development, improvement, operated for the primary .purpose of providing outpatient public maintenance, and protection of park and recreational facilities for health services including customary related services such as labors- the residents of a given political area. These facilities Include but tories and treatment rooms. are not limited to parks,playgrounds and athletic fields,swimming College: An approved or accredited public or nonprofit institu- pools,golf courses,nature facilities,and nature trails. tion of higher learning offering organized study courses and credits Public agency: Any state; any political subdivision thereof, leading to a hacculaureate or higher degree. including any unit of local government or economic development Conscrvation: A program or programs carried out or promoted district;any department,agency, instrumentality thereof,including by a public agency for public purposes involving, directly or in- instrumentalities created by compact or other agreement between a directly, the protection, maintenance,development,and restoration state and another state, a political subdivision,a multijurisdictional of the natural resources of a given political area. These resources substate district established by or pursuant to state law, or any include but are not limited to the air, land, forests,water,rivers, Indian tribe,band,group,pueblo,or commu thy located on a state streams,'lakes and ponds, minerals, and animals, fish, and other reservation. wildlife. Public health:A program or programa to promote,maintain,and !:'cwronric development: A program or programs carried out or conserve the public's health by providing health services to in- promoted by a public agency for public purposes which involve, dividuals and by conduct of research, investigations, examination, directly or indirectly, efforts to improve the opportunities of. a training,and demonstrations.Public health services may include but given political area for the successful establishment or expansion are not limited to immunization, maternal and child health pro- of industrial, commercial, or agricultural plants or facilities and grams, sanitary engineering, sewage treatment and disposal, sanita- which otherwise assist in the creation of long term employment tion inspection and supervision,water purification and distribution, opportunities in the area or primarily benefit the unemployed or air pollution control, garbage and trash disposal, the control and those with low incomes. elimination of disease-carrying animals and insects,and the control Educational institution: An otherwise eligible public or non- of communicable diseases. profit institution, facility, entity, or organization conducting Public safety: A program or programa carried out or promoted educational programs, including research for any such programs, by a public agency for public purposes involving, directly or in- such as a child care center,school,college,university,school for the directly, the protection,safety,and law enforcement activities and mentally or physically handicapped, educational radio or television the criminal justice system of a given political area. Public safety station,museugt,or library. programs may include but are not limited to those carried out by Educational'radio stations: A radio station licensed by the public police departments, sheriffs' offices, the courts, penal and Federal Communications Commission and operated exclusively for correctional institutions including juvenile facilities,state and civil noncommercial educational purposes and which is public or non- defense organizations, and fire, departments and rescue squads profit and tax exempt under Section 501 of the internal Revenue including volunteer fire departments and rescue squads supported Code of 1954. in whole or in part with public funds. h'ducational television station: A television station licensed by the School (except schools for the mentally or physically handi- I-ederal Communications Cornmission unit operated exclusively for capped): A public or nonprofit, approved or accredited organiza- nonconrrnercial educational purposes acrd which is public or nun- lienal entity devoted primarily to approved academic, vocational, profit and tax exempt under Section 501 of the Internal Revenue or professional study and instruction, which operates primarily ('ode of 1954. for educational purposes on a full-time basis for a minimum school Health center: An approved public or nonprofit facility utilized year and employs a full-time staff of qualified instructom by a health unit for the provision of public health services,including School for.the mentally handicapped: A facility or institution related facilities such as diagnostic and laboratory facilities and operated primarily to provide specialized instruction to students of limited mental capacity. It must be public or nonprofit and must clinics. operate on a full-time basis for the equivalent of a minimum school !lprovid i An approved or accredited public or nonprofit in medictu-al year prescribed for public school instruction of the mentally handi- otsproviding public health services primarily for inpatient medical capped, have a staff of qualified instructors,and demonstrate that of surgical care of the rick and injured, including related facilities the facility meets state and local health and safety standards. such as laboratories, outpatient departments, training facilities, and raft offices. School for the physically handicapped: A school organized pri- c l rhrarv: A public or nonprofit facility providing library services marily to provide specialized instruction to students whose physicalhandica s necessitate individual or free to all residents of a community,district,state or region. p Group instruction.affull-time The schools Medical institution: An otherwise eligible public or nonprofit must be public or nonprofit and operate es r full-time basis for the institution, facility,entity, or organization the primary function of equivalent of a minimum school year prescribed for public school instruction for the physically handicapped, have staff which is the furnishing of health and medical services to the public qualified instructors, and demonstrate that the facility meets ts statea and local at large or promoting public health through the conduct of research health and safety standards. for any such purposes, experiments, training, or demonstrations rax-supported organization: One which receives a major portion related to the cause, prevention, and methods of diagnosis and of its financial support from moneys derived from state or local treatment of diseases and injuries. The term includes but is not government revenues. limited to hospitals, clinics, alcoholic and drug abuse 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 centers. geriatric center laboratories, medical schools, dental special departments or colleges. Ca. State Dept. of General Services 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 or type.) A CAPTAIN JOHN HART CORONERS DIV. COMMANDER SGT. FLOYD SNODGRASS ASST. DIV. COMMANDER DEPUTY TERRY JOHNSON DEPUTY CORONER B PASSED AND ADOPTED this day of , 19 , by the Governing Board of by the following vote: Ayes: ;Noes: ;Absent: I, ,Clerk of the Governing Board of do hereby testify 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 Mailing address (Signed) City County ZIP code OR C. AUTHORIZED this day of , 19 ,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. 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 fhe 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 V1 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 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 the 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$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) 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(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 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 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 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 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$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. Office of Surplus Property OSP Form 203 ( 3-32 ) 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 1973, AS AMENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, AS AMENDED AND SECTION 303 OF THE AGE DISCRI_`4INATION ACT OF 1975. CORONERS DIVISION , (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 services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Ser- vices 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 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, 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 GIMES 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 pos- session 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 CONTRA COSTA CO. SHEIFF-CORONER (COR=R.S DTVTSTON) Donee Organization By (President Chairman of the Board or comparable authorized official) 1960 MUIR ROAD MARTTNEZ, CALTFORNTA 94553 Donee Mailing Address