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HomeMy WebLinkAboutAgenda Report - November 2, 1983 (24)r { -CITY COUNCIL MEETING _ r NOVEMBER T, 1983 , DESIGNATION OF Following introduction of the matter by City Manager Glaves, CITY Come iI, on motion of Council Kimber Pinkerton, Reid second, REPRESENTATIVES adopted Resolution No. 83-128 designating the Public Nbrks TO MAKE PCIECWES Director Jack Ronsko, Equipment and Building Maintenance OF FEDERAL Supervisor Richard Wiech, and Assistant City Manager Jerry SURPLUS PROPEHIY Glenn, as the City's representatives to acquire federal surplus property from the California State Agency for RFS ND. 83-128 Surplus Property. fid.. ••, , � r.�, •.M ..I... = 4 Y .4j.F. . , Y. Tt � � �' '• y j f i �f a .fix ,- � � , .r .<•1 a X �'^--�LT r �.� '• v+�v„/.' �'.. .' ++Qx � 47 .. ; 'Zt p :b, t 0 .,h �>tz a ..�� � �,. '• .r KN, ht.' S <t �P Jhn .fir' t �'� • y y a'td: � - �4r 5 r . a9�{;�r.�i..� �''�� 4 �. L"+ yt Zg ,OJT” h }nom"'+ •fa .-1. vtv ' �-� t !Y /...tri �1 L:�r : .M +•.' '�fa•� f 5 �. r4 ;. fit f v t. ' ia+t 'S' iii a �, y• T _ - {,tyj. ..�?A�4.r-.J.}�'a T•u�',T,� Y� .� �h' - i `+1`'� .�^ ,. .s�``��d �a�� �t:� ����" ' Y4�•.Y �' -'. + %'>�.1iv1i ''�. Vit.-1.� rz t �'r" � a�ri• :'r�7 r.'- �a, :i.r�'M„ . ,.. y,y"q,-t.- 4�� .f, ai�n. pmt„ 'ii aS+ u�+ �4 'S"`i x:t4ti r c ,�"j' � � � `;• �,� �1 �i:�1�A ! + `•y'. k�� kfi;y!"Y" a 1. � �JHJ•1 ��' w. ..� `� '� . { Sy {i'Rf���f. x- 4 .� �� ���.�G?�kt41 �., Y�P,'�gt 75 - ST aH.. � .. '.: ,�-: •ti 4• ��, r , ii" .it ., � ! �.• Y �. - ��l�,r 4 . �- , ti 4 }.i q .f � a � d S /°* � b 4' t aH l S � P.r• a p.. e� ��yi^>. a.. �.�����, � �•'n,8� �g ..t`ti �"t� 4 e,, r � e" ' �' e "4, 11 $�'� ., t' •e$ - T�- ' 1 'F .�` y.i,.i, M';<` �'.. L'tikltirf,' �.� `!.`�.. .smoi,.' ...:`_�>^.'Xi'�1C CITY COUNCIL EVELYN M. OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore ROBERT C. MURPHY JAMES W. PINKERTON. Jr. FRED M. RE ID OW CITY OF LODI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALKORN1A 95241 (209) 334-5634 November 7, 1983 R. W. Swans, Chief Surplus Property Section State of California Department of Education 721 C.Rpital Mall Sacramento. CA 9814 Ree 39-9-210-2-4-G 2H 39 K 924 Gentlemen: HENRY A. CLAVES, Jr. City Manaim ALICE M. REIMCHE City Geek RONALD M. STEIN City Attorney Pursuant to your recent letter, enclosed please find property docunerutation to insure continuing eligibility for the City of Lodi to acquire federal surplus personal property; namely Executed copy of State of California Application for Eligibility Federal Surplus Personnel Property Program. Executed copy of Assurance of CImpliance with CSA Regulations. Certified copy of Resolution No. 83-128 designating certain city mployees as the City's representatives to acquire federal surplus property from the California State Agency for Surplus Property. If you have any questions regarding this matter, please do not hesitate to call. Very truly yours, Alice M. Reimche City Clerk AMR: ii i�nc. CalirprZ '.State Department of Fducation r "ire of Surplus Property 121 Capitol N11". Sacramento, CA 95814 STATE OF CALIFORNIA OSP Form No, 201 (9.82) APPLICATION FOR ELIGIBILITY s FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM Before prepaying this application, please read carefully the definitions given under Part B. Fill out all applicable sections. Part A. Legal name of organization City of Lodi Telephon9209) 334-5634 Address 22� West Pine Street City._ Lodi .,County Sa Joaguin zi 9S240- 1. Application is being made as a (please check one) (a) Public agency X3 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.of certificate from the United States Interns! 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 C1 or local lit NONPROFIT INSTI' UT10N OR ORGANIZATION: O ,Conservation O Education O Economic development Grade level O Education (Preschool, oniwrsiry) Grade level Enrollment (Preschool. university) No. of school sites Enrollment O School for the mentally or physically handicapped No. of school sites_ O Educational radio or television station O Parks and recreation O Museum O 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 O : accredited O or licensed O. Enclose evidence of such approval, accreditation. of licensing. If the applicant lacks evidence of formal approval, accreditation. or licensing, check here O and refer to the endured Instructions. 4.. Are the applicant's services available to the public at large? . If only a specified group 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 O Description of program operations and activities O Evidence of approval, accreditation, or licensing or information submitted in lieu thereof O 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 O SASP Form No. 203. nondiscrimination compliance assurance O Statement concerning applicant's Reeds, resources. aV ability to utilize the property O Othef statements or documentation required. ass fled in thyinstr�ctigns, for certain categories of applicants. Date: November 2, 1983 Application approved: Comments or additional information: FOR STATE AGENCY USE Application disapproved: Title: City Manager Date: Signed: Director it Part B. DEFINITIONS Accredited: Approval by a recognized accrediting board of association on a regional, state, or national levet, such as state bond of education or health; the American Hospital Association; a regional or nationa! accrediting association for universiti^s, colleges, or secondary schools; or another recognized accrediting association. Appro.ed: Recognition and approval by the State Department of Ld,,cation, Stat: Department of health, or 00141 appropriate as.thotity. With respect to an educational institution, approval must reh;e to academic or instructional standards. An educational institution may be considered as appfwed if its credits are accepttd by accredited or stats -approve: institutions of if it meets the eeadrrr,ec or instructional stands, is prescribed for public schools in the st a te. Child care center: A public or nonprofit facility where day care services such as educational, social, health, and nutritional services are provided to children through age 14 and which is approved or licensed by the state or other appropriate authority. Cimic: An approved public or nonprofit facility organized and operated for the primary purpose of providing outpatient public health services Including customary related services such as labors- lories and treatment room& College: An approved or accredited public or nonprofit institu- tion of higher learning offering organized study courws and credits Its -ling to a baccalaureate or higher degree. Corssenvtion: A program or program! carried out or promoted by a public agency for public purposes involving.direcily or indirectly. the protection, maintenanr+, development. and restoration of the natural resources of a given political area. These resources incEide but are not limited to the sir. land, forests, water. rivers, streams. lakes and ponds, minerals, and animals, fish, and other wildlife. F.co+sonsic dewhW~nf: A program or programs c•aried out or promoted by a public agency for public purposes wnich involver directly or Indirectly,efforts to improve the opportunities of a given political area for the successt-4 establishment or expansion of industrial, commercial. of agricultural plants or facilities and which otherwise assist in the creation of long term employment gpportun- -hies in the area or primarily 6nefit the unemployed of those with low incomes. Edorcotio nal Institution: An otherwise eligible public or nonprofit institution, facility, entity, or orpabation conducting educational programs. Including research fest any such programs, such is a child core center, school. college. university. school for the mentally or physically handicapped, educational radio or television station. museum. or library. Ed ucedonel rudlo actions: A radio station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes and which is public or nonprofit and tax exempt under Section 301 of the Internal Revenue Code of 1934. Edbsedonef televbion sti d". A television station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational putposo and which is public or nonprofit and tax exempt under Section 301 of the Internal Revenue Code of I?". Moolth center. An approved public or nonprofit facility utilized by a health unit for the provision of public health services. including related facilities such as diag"stic and laboratory facilities and clink& Motpitof: An approved or accredited public or nonprofit institu. tion providing public health services primarily for inpatient medial or surgical cats of the sick and injured. including related facilities such as laboratofies, outpatient departments, training facilities, and Staff offke& Libaary: A public or nonprofit facility providing library services free to all residents of a community, district, state, or region. Mediad Institution: An otherwise eligible public or nonp.ofit institution, facility, entity. of organization the primary function of which is the furnishing of health end medical services to the public at fangs or promoting public health through the conduct of research for any such purposes. experiments. trailing, or demonstrations wtated to the cause. prevention. and rmthods of diagnosis and treatment of diseases and injuries. The term includes but Is, not limited to hospitals, clinics. alcoholic and drug abuse treatment centers, public healtit or treatment centers, r -starch and health centers, geriatric anter laboratories, medical schools, dental f schools, nursing schools, and similar institutions. The term does not include institutions pnmarily engaged in domicilury care although a separate medical facility within such a domicitury institution may qualify as a "medical institution. Museum: A public or nonprofit facility which is attended by the public free or at a nominal charge and which provides museum services including the preservation and exhibition of artistic. cultural, historical, or scientific objects. Nonprofit Institution: An educational or public health Institution of organization, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual and which has been held to be tax exempt under the provisions of Section SOI of the Interrul Revenue Code of 1934. Part: and recreation: A program or proluams carried not or promoted by a public agency for public purposes which involve directly or Hduectly the acquisition, development, insprsvement. rrtaintemnee. and protection of park and recreational facilities for the residents of a given political area. These facilities include but are not limited to parks playgrounds and athletic fields. swimming pools, golf courses, nature facilities, and nature trails. Public egency: Any state; any political subdivision thereof. including any unit of local government or-cono.nic development district; any department, agency, instrumer,.ality thereof, IncWding instrumentalities created by compact or other agre►ment Setween a c.tate and another state, a political subdividisotl, a mutt jjssrudictfonal substate district established by or pursuant to state law, or any Indian tribe, band, group, pueblo, or community located on a state reservation. Public health: A program or programs to promote, maintain, and conserve the public's h!alth by , -oviding health services to individuals and by the conduct of research, investigations, estamina- tion. training, and demonstrations. Public health services may include but ate not limited to immunization, muernal and child health prepams, sanitary engineering, sewage treatment and disposal. sanitation inspection and supervision. water purification and distribution, air pollution control, !asbags and trash disposal. the control and elimination of discs setstrying animals and insects, and the control of communicable diseases. Public wfirty: A program or programs carried out or ptomoled by a public agency for public purposes involving, directly or indirectly. the protection, safety. and law enforcement activities and the criminal justice system of a given political area. Public safety programs may include but are not :.rotted to thou carried out by public police departments, sheriffs' offices. the c )attic penal and eortecf!onal Institutions including juvenile facilities. state and civil defense organtzationt, and fire departments and rescue squads including volunteer fire departments and rescue equals supported In whole or in past with public funds. School (except schools for the mentally or physically, handi- capped): A public or nonprofit, approved or accredited organisa- tional entity devoted primarily to approved acadcmic, vocational. of professional study and instruction, which operates primarily lot educational purposes on a full-time bads for a minimum school rest and employs a full-time staff of qualified Instructom School for the mentally hendicapped: A facility or Institution operated primarily to provide specialized instruction to students of limited mental capacity. It must be public or nonprofit and mast overate on a full-time basis for the equivalent of a mininstam sehool year prescribed for public school Instruciion of the mentally handicapped. have a staff of qualified instructor. and demonstrate that the facility meets state and local health and safety standard,. School for the physicaDv hendlcappett: A school organized primarily to provide specialized Instruction to students whose physical handicaps necessitate individual of group instruction. no schools nwst be public or nonprofit and operate on a full-time bash for the equivalent of a m+nimum school year proscribed for public school instruction for the physically handicapped. have a staff of qualified lrrstructors, and demonstrate that the facility molts state and local health and safety standards. Taxrarpported orrvniserlon: One which receives a majew portion of its financial support from moneys derived from state or local government revenues. University: A public or nonprofit, approved or amfedited institution of higher education empowered to confer degrees In special departments or colleges. "2-13 DE 12767 5-62 .M .. 'L?bn�!':�l�R.. _.... +. - .. ���c `:IiftTAT�a'a n��.F+!td.�:T'.. ��F'•"'�.q-:!Y.�'an-xrR�-. _...,.. T n'*'T.-.,-c..cR•.—. .-.-n ...... .. .... —.y. Of fide' of Surplus PropAIM WT y OSP Form No. 203 (3-82) om 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 ARENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972, AS AMENDED AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975 City of Lodi (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 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 V1 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 prograin 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 possess).gn 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. d Date November 2, 1983 City of Lodi, California Donee Organization BY -- resi3 nt airm4n o the Boarif or compakable authorized official) Henry A. Glaves, City Manager 221 West Pine Street Lodi, CA 95240 . Donee Mailing Address - RE90Wr1CN No. 83-128 BE IT RE9CU D that the City CDuncil of the City of Lodi does hereby order that the following employees whose name(s), title(s), and signPture(s) are listed below shall be and are hereby authorized as our represent ative(s) to acquire federal surplus property from the California Siete Agency for Surplus Property under the Terms and Conditions listed on the reverse -side of this form. NME TITLE Jack Ronsko Public Works Director Richard Wiech Equipment a Building Maintenance Supervisor Jerry Glenn Assistant City Manager PASSED AND AD011MM this 2nd day of Novenbe of the City of Lodi by the following vote: Ayes: Council Mwbers - Reid, Snider, Murphy, Pinkerton a Olson (Wkyor) Noes: Council Mwbers - None Absent: Council Meabers - None I, Alice M. Relmebe, City Clerk of the City of Lodi do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the City Council at a regular 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 City Clerk. City of Lodi 221 West Pine Street Lodi, Seth Joaquin, 95240 . Signed Alice M. fiffimche �i City Clerk 11 0 wear►,�.,:,vs:s,x,+i.��.'s'+.'y"rr,�Ra{aj6+5` r. a, .t. - ��='i€'S^r;�+�.�".'Siff""�.w'vs+,��K""wc8�`s�' .. \^�:? .;,_.,.-.;k-ic TERMS AND CONDITIONS tA1"fltE t,ONEE. CERTIFIES THAT: (1) It is a periotic agency; or a nonprofit i:t.tiorul or public health in,ti:u;ion of organitaiun, c..e:npt t;om taxation under Section 501 , et tht lnternA Itcvenue Code of 1954; within the meaning of Section 203(j) of the Federal Property and Administutive Services Act oC 1939, 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 carryinj out o: promoting for the residents of a given ro!ifical area ons 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 (or such purpose. The property is not beins acquired Cor any other use or purpisse. 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 cots and charges Incident to Conation. (4) This transaction shat( be subject to the nondiscrimination regulations governinS the donation of surplus pttsonat property issued unicf Title VI of the Civil Rights Act of 1964; Title VI. Section 606, of the Federal Propeity ant Administrative Services Act of 1939. as arnendcd; Section 504 of the Rehabilitation Act of 1973. as amended; Title IX of the Education .amendments of 1972, as arneoded. and Section 303 of the Ale DiscrImtiution Act of 1975. (it) THE DONEE AGREES TO THE FOLLOWING FEDERAL CO%DITIONS: (I1 All items of proper:j �hsll be placed in use for the purpos:(s) for which acqu(red within one gest of receipt and shall be continued In use fur srch purpose(r) 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 cue. th•_ alone shill immediately notify the state agency and, at the donee's expense, return such property to the state agency. cc 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 itemis) of property listed hereon. (3) In the event the property is not so used of handled as requited by (B)(i) and (2). title and right to the posussion of such property shalt at the option of GSA revert to the United States of America and upon demand the donee shag release such property to such person as GSA or its des(gnee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IM POSED 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(%). (2) Thele shall be a period of restriction which will expire after such property has been used for the purpose(:) for which acquired rot a period of IS months from the date the property Is placed in use, exmpt 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)1.1) and (2) and federal restrictions (e)(1) sndj?) 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 shag release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS. RESERVATIONS. AND RESTRICTIONS: (1) From the date it receives the property lifted hereon and through the period(s) of time the conditions Imposed by (B) and (q above remain in effect. the donee shall not sett, trade, lease. lend. ball. cannibalise. encumber, or otherwise dispose of such property. of 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 Pala. trade, lease. loan. bailment, encumbrance. of 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) to the event any of the property listed hereon Is sold, traded. lased. loaned, bailed, cannibalised. encumbered, or otherwise disposed of by the donee from the date it receives the property through the pertod(s) of time the conditions imposed by (B) and (C) 1011131111'% effect, without the prior appront of GSA or the shte agency, the donee. at the option of GSA of the state agency, shall pay to GSA or the state a;,eney, as the case may be. Ow proceeds of the disposal or the fair market value or the fair rental value or the property at the time of suds disposal, as determined bGSA or the stare agency. .(3) if at any -time�rom the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain los, effect, any of the property listed hereon is no longer suitable. usable, or further needed by the donee for the purpose(s) for which aequtred, the donee shall promptly notify the state agency. and shall, as directed by the state agency. return the property to the state speney. setease the property to crsother donee or another state agency or a department or agency of the United States. self, or otherwise dispose of the property. 77na proceeds from any We 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 to (C) and the terms, reservations, and testrictiorns 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 th4 donee is on an "as is," —whom is" bask without warranty of any kind. (2) Where a donee carries insunoce against damages to or lou of property due to fire or other hazards and where loss of or daraage to donated property with unexpired tgrms, conditions, reservations~ or restrictions occur„ the state agency will be entitled to reimbursement from the donee out of the insurance proceeds. of an amount equal to the unamortired portion of the fair value of the damaged or destroyed donated Items. (F) TERMS AND CONDMONS APPLICABLE TO TILE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE 1N LENGTH) IIAViNG AN ACQUISITION COST OF $3,000 OR i`IORE. REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shell be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Tbarsfer Dociamert . executed by the suthorited donee representative • FBI -197 DE 12667 4-82 3M CalitorMa State Department of Education 0frke of Surplus Property 721 Capitol MA Sacramento. CA 95824 OSP Form No. 202 (4-82) RESOLUTION il "BE IT RESOLVED by the Governing Bond, 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 signatures) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from t<rte California State Agency for Surplus Property under the Terms and Conditions listed o -a the reverse side of this form." NAME TIME SIGNATURE (Print or type.) PASSED AND ADOPTED this_ day of 19 , by the Governini Board of by the following vote: Ayes: ; Noes: ; Absent: 1. . Clerk of the GoPon ms Board of do hereby certify that the foregoing is a full. true. and toned copy of a molutlon adopted by the Board ate meetinir thereof held at its re uhr plact of nseeting at the date and by the rote above stated, which resolution is on jilt In the office of the Board tSigned 1 Cur C—Sty str oob OR AtJTl;tOR1ZED this day of , 19 , by: ' : 1 ERAIS 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 taXalion 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 of promoting for the residents of a given political area one or more public purposes, or, if a nonprofit tax-exempt institution or otgrnizatton, the property is needed Tot 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 purposa, or for sale or other distribution: or for permanent use outside the state, except with prior approval of the state agency. (3) f=unds are available to pay all costs and charges incident to donation. (4) This transactions shall Ic subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Tat It VI of the Civil Rights Act of 1964; Title VI, Section 606, of the Federal Property and Administrative Services Act of 1939, 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. IR) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(%) for which acquired within one year of receipt and shall be Continued in use for such purpose(%) for one year from the date the property was placed in use. In the event the property is not to placed in use, of continued in use, the donee shall immediately notify the state agency and, at the donee's expense, return such property to the state astency, or otherwise make the property available for transfer or other disposal by the state agency, pro-ided the property is still usable as determined by the state agency. (2) Such spa(xl handling or use limitations as ate 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 tight 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 of its designee shall direct. IC) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF 53,000 OR MORE AND PASSENGER 1610TOR VEHICLES, REGARDLESS DF ACQUISITION COST, EXCEPT VESSELS 30 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purposes) for which acquired and for no other purpose(t) (2) There shall be a period of resitiction which will expire after rich property has been used for the purposes) for which acquired for a period of 18 months from the dais 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 (0)(1) and (2) have expired then title and tight to the possession of such propetty 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) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS. AND RESTRICTIONS: (1) From the date it receives the property Ibted hereon and through the period(&) 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 femove 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. Tease, loan. bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the : tate apecy, shall be remitted promptly by the donee to GSA of the state agency, as the ase may be. (2) In the event any of the property listed hereon is sold, traded. Waged, loaned, baited, cannibalized. encumbered, or otherwise disposed of by the donee frons the data it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior apprvvs: of GSA or the state agency, the donee, at the option of GSA of the state agency. shall par to GSA or the state agency, as the can may be, the proceeds of the disposal or the fait 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;Yrom the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain )n effoct, 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 at a department or agency of the United States, sell, or otherwise dispaae 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 Sime by the state agency. (3) 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 DONFE AGREES TO THE FOLLOWING, CON D11 IONS. APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by thl dance is on an "as is." "where is" basis, without warranty of any kind. (2) Where a donee castles 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 fait value of the damaged of destroyed donated Items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE 1N 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 restricticits set forth in the Conditional Transfer Document executed by the authorized donee representative. F81.197 DE 12"7 4132 ,aA I& . Office of Surplus PropJly OSP Form No. 203 (3-82) kl 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 DISCRIMINATION ACT OF 1975 (hereinafter called the "donee"), Name o once 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 regu?ations of the General Services Administration (41 CRP 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 arty 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 silk 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 Donee Organization BY (President/Chairman of the Boar or comparable authorized official) Donee Mailing Address e California State Department of Education Office of Surplus property 721 Capitol Mail, Sacramento, CA 95614 OSP Fosm No. 202 (4-52) RESOLUTLON "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(:) 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 Propeity und..r the Terms and Conditions listed on the reverse side of this form." NAME TITLE SIGNATURE (Print or type.) Jack Ronsko Public Works Director Wiech EQuipinent and Building Maintenance Supervisor PASSED AND AD(*TED this 2n(Iday of November 19_13_ . by the Governing Board of by the following vote: Ayes: ; Noes: ; Absent: Alice M. Reimche . Clerk of the Governing Board of the City of Lodi do hereby certify that the joreaolnt is a full, true. and correct copy of a resolution adopted by the Board at a. r4cp i I a r meeting thereof held at its regular place of meeting at the date and by the rote above stated. which resolution is on file in the office of the Board City of Lodi, California liame pubstion 221 W. Pine Street MIAMI 8""M Lode San Joaquin 95240 [Signer!) City cowty zip two ILL NONIO 6.perM AcM dlrelia b 4nic"M Md Diriela of EArecNow RE C r..! ..3D STATE OF CALIFORNIA I- OLS 31 ~= DEPARTMENT OF EDUCATION kL{CE 1>1. STATE EDUCATION 9M0010, 721 CAPITOL MALI. SACRAMENTO. CA ossi. CITY CL;"fiX C:, r, Y OF Lr:" 19-`.'-21^-2-4-G 2 H 39 X924 CITU OF LOCI HENRY ,L SVCS ?21 WrST PTN*' STpFET LODI CA 9524_ Federal regulations require State agencies for surplus property to update the eligibility records of donee organizations on a periodic basis, but not less than once every three years, to ensure continuing eligibility. Forms for use in updating your eligibility status were sent to you in September or October, 1982 and again in April 1983; however, we have received no response from you. Another set of forms for this purpose is enclosed with this letter. Please be advised that if we do not hear from you within thirty (30) days concerning the updating of your eligibility, your eligibility to acquire federal surplus personal property will be terminated. In the event your eligibility is terminated, all property in your possession remaining under federal or State use restrictions must be returned to this agency at your expense. Please give this matter your immediate attention. Sincerely yours, R. W. Evans, Chief Surplus Property Section Office of Surplus Property (916) 323-8521 cc: O. W. Wilson G. E. Smith Glifprnu� a Department of Education Offiec of'�urplus Property 121 Capitol Mall, Sacramento, CA 95814 OSP Form No. 201 (842) . . I C) STATE OF CALIFORNIA APPLICATION FOR ELIGIBILITY FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM Before preparir;; this application. please read carefully the definitions given under Part B. Fill out all applicable sections. Part A. Legal name of organization Telephone Address city County ZIP 1. Application is being made as a (please check one) (a) Public agency O 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 additiond information is required: (a) For educational institutions, include a deacdption 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•& description of the health services offered. qualifications of staff and. if applicable. the number of beds number of residentsicianseyed nurses on the sta. !�Y . and number of re � ff. PUBLIC AGENCIES: Check either state Dor local Q O Conservation O Economic development O irducation Grade level (V"fthoot. Wnirarslty) Enrollment No. of school sites O Parks and recreation O Public health O Public safety O Two or more of above O Other (specify) NONPROFIT INSTITUTION OR ORGANIZATION: D Education Grade level (he"hoot. Wotvarsity) Enrollment No. of school sites O School for the mentally or physically handicapped 0 Educational radio or television station O Museum O Library O Medical institution O Hospital O Health center O Clink O Other (specify) 3. Check if the applicant program is approved O ; accredited O ; or licensed O. 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?-. if only a specified group of people is served. please indicate who compriaca this group. 5. Checklist of attachments submitted with this application: O Evidence that apoWant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1934 O Description of program operations and activities O Evidence of approval. accreditation, or licensing or Information submitted in lieu thereof O SASP Form No. 202. "Resolution." properly signed, designating representatives authorised to bind the applicant to the terms and conditions governing the transfer of federal surplus personal property O 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 instructions, for certain categories of applicants. Date: Signed: _ Title: FOP. STATE AGENCY USE Application approved: Application disapproved: Comments or additional information: Date: Signed: Director Ur Part B. DEFINITIONS Accredited: Approval by a recognized accrediting board or association on a regional, state, or national level, such as state board of education or health; the American Hospital Association: a regional or national accrediting association rot universities, colkses, or secondary schools; or another recognized accrediting sssrciation. Apprtived. Recognition and approval by the State Department of Education, State Department of Health, or other appropriate authority. With respect to an educational institution, approval must relate to academic of instructional standards. An educational institution may be considered as approved if its credits are accepted by accredited or state -approved institutions of if it meets the academic or instructional standards prescribed for public schools in the slate. ChUd cent center. A public or nonprofit facility where day tare services such as educationai, social, health, and nutritional services are provided to children through age 14 and which is approved or licensed by the state or other appropriate authority. Clink: An approved public or nonprofit facility organized and operated for the primary purpose of providing outpatient public health services including customary related services such as labors- totics anJ treatment rooms. College: An approved of accredited public or nonprofit institu- tion of higher learnirsf offering organized study courses and credits kr-ling to a baccalaureate or higher degree. Consermdon. A program of programs carried out or promoted by a public agency for public purposes invotving,directiy or tnuirectlx the protection, maintenance, development, and restoration of the natural resources of a &en political area. These resources Include but ate not limited to the sit, land, forests, water, riven, streams, lakes and ponds, minerals, and animals, risk, and other wildlife. Economic development: A program or programs carried out or promoted by a public agency for public purposes which involve, directly or indisectly.efforts to improve the opportunitks of a given political area for the successful establiskment of expansion of industrial, commercial, of isficultural plants or facilities and which otherwise assist in the creation of long term employment gpportun- ities in the area of primarily benefit the unemployed or thole with low incomes. E&caotimurl institution. An otherwise eligible public or nonprofit institution, facility, entity, of organization conducting educational programs, Including research for any such programs, such its a child un center, school, college, university, school for the mentally or physically handicapped, educational radio or television station, museum. or library. Ednatfo+ri nano Nations: A radio station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes and which is public of nonprofit and tax exempt under Section 301 of the internal Revenue Code of 1934. Ukaortiorsol relerblon sariem: A television station licensed by the Fedetal Communications Commission and operated exclusively for noncommercial educational purposes and which is public or nnonptoftt and tax exempt under Section 501 of the Internal Revenue Code of 1934. Health Crater. Aw approved public or nonprofit facility utilized by a health unit for the provision of public health services, including related facilities such as diagnostic and laboratory facilities and tunics. MoVial: An approved or accredited public or nonprofit institu- tion providing p Abtic health services primarily rot inpatient toodical or surgical can of the sick and injured, including telsted facilities such as lsborstofie% outpatient departments, training facilities, and staff offices. LArwr: A public or nonprofit facility providing library services free to all residents of a communit; , district, state, of region. Medical butinrr.ow: An otherwise eligible putdic or nonprofit institution, facility, entity. or organization the primary function of which b the furnishing of health and medical services to the public at large or promoting public health through the conduct of research for any such purposes, experiments, trainini, of demonstrations related to the cause, prevention, and methods of diagnosis and treatment of diseases and injuries. The term Includes but I not limited to hospitals. clinics. aloolulic and drug abuse treatment centers, public health of treatment centers, research and health Centers, geriatric center laboratories, medical schools, dental +-1 schools, nursing schools, and similar institutions. The term does not include institutions primarily engaged in domiciliary care although a separate medical facility within such a domiciliary institution may qualify as a "medical institution." Museum: A public or nonprofit facility which is attended by the public free or at a nominal charge and which provides museum services including the preservation and exhibition of artistic, cultural, historical, or scientific objects. Nompro/it institution: An educational or public health Institution or organization, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual and which has been held to be tax exempt under the provisions of Section SOI of the Internal Revenue Code of 1954. Pmt and recreation: A program or programs carried out or promoted by a public afency for public purposes which involve directly or indirectly the acquisition, development, improvement, mainte lance, and protection of park and r• creational facilities for the residents of a given political area. These facilities include but as not limited to parks, playgrounds and athletic fields, swimming Fools. golf courses, nature facilities, and nature trails. .Molle ergemcr: Any state; arty political subdivision thereof. Including any unit of local government or ocoramic 4"opment district; any department, agency, instrumentality thereof, including lnstrnmentalitin created by compact or other agreement between a state and another state, a political subdividisot), a multijurisdictional substate district established by or pursuant to state law, of any Indian tribe, band, group, pueblo, of community locatel on a stab reservation. Prblk health: A program of programs to promote, maintain, and conserve the public's health by providing health semices to individuals and by the conduct of research, investigations, examina- tion, training, and demonstrations. Public health services may Include but are not limited to immunization, maternal and child health programs, sanitary engineering, sewage treatment and disposal. sanitation inspection and supervision. water purification and distribution, tit pollution control, garbage and trash disposal, the control and elimination of disease -carrying aNmais and insects. aad the control of communicable diseases. Public is/etc: A program or programs carried out or promoted by a public agency for public purposes involving, directly or indirectly, the protection, safety, and law enforcement activities and the criminal justice system of a given political area. Public safety programs may include but am not limited to those carried out by public police departments. sheriffs' *Meet. the courts. penal and cosrectiemal institutions including juvenile facilities. state and civil defense organizations, and fire deptttn»nti and rescue squads including volunteer fire departments and rescue squads supported in whole or In put with public funds. School (except schools rot the mentally or physically handi- capped): A public or nonprofit, approved of accredited organisa- tional entity devoted primarily to approved academic, vocationak or professional study and instruction. which operates primarily foe educational pvtposn on a full-time basis for a minimum sebool year and employs a full tims staff of qualified instructor. School Jo► the mensal herrsdicepped: A facility at institution operated primarily to provide specialized Instruction to students of lirnited mental capacity. It must be public or nonprofit end nest operate on a full-time basis for the equivalent of a mininsem school year prescribed for public school instruction of the mentally handicapped, have a staff of qualifad lnstrsctoa, and demonstrate that the facility meets state and local health and safety standards. School Jnr the physicso handlnpped. A school orgaink--ed primarily to provide specisUed instruction to students whose pbystkal handicaps necessitate Individual or group instruction. The schools must be public or nonprofit and operate on a fuu4ime basis for the equivalent of a minimum achoul you prescribed for pubilie school instroction for t1a physically handicapped, haus a staff of qualified instructors, and demonstrate that the facility riosts state and local Ittalth and sarety standards. 71xr.wrpporred ogvrnisarim: One which receives a major portion of its financial support from moneys derived from state or local government revenues. Umlrersiry: A public or nonprofit, approved or acetedited institution of higher education empowered to confer degrees in special departments or colleges. "2.13 DF 12767 5-62 IM