HomeMy WebLinkAboutResolutions - No. 2001-247RESOLUTION NO. 2001-247
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
PROCUREMENT OF MATERIALS AND SUPPLIES FROM
THE DEPARTMENT OF GENERAL SERVICES
BE IT RESOLVED by the Lodi City Council that the employees whose names,
titles, and signatures are listed on Exhibit A attached hereto shall be and are hereby
authorized as the City of Lodi representatives to acquire federal surplus property from the
California State Agency for Surplus Property under the terms and conditions listed on
Exhibit A.
Dated: November 7, 2001
I hereby certify that Resolution No. 2001-247 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 7, 2001, by the following
vote:
AYES: COUNCIL MEMBERS — Howard, Land, Pennino and Mayor
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2001-247
Department of General Services SP Form No. 202 (2/2000)
Procurement Division
.Surplus Property www.pd.dgs.ca.gov/materials/surplus.asp
1700 NATIONAL DRIVE
SACRAMENTO, CA 95&34-1965
(916) 928-4630
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), btle(s).'and signature(s) are listed below shelf 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."
A.
NAME -(Print or type)
Verne Person
TITLE
Division Chief
I
Georgia Juelch Battalion Chief
Jeff Larson Battalion Chief
Kevin Donnelly Battalion Chief
Ron Heberle Battalion Chief
E-MAIL ADDRESS
rperso,n@lodi.Rov
gjuelch@lodi.gov
jlarsou@lodi.gov
kdonnelly@lodl.gov
rheberle@lodJL.gov
B. PASSED AND ADOPTED this _7tb_ day of NgveMber 20kj_�. by the Governing Board of
the Citv of Lodi
by the following vote: AYES: 4 NOES: 0 ABSENT:
1, Susan J. Blackston2 Clry. Clerk of the Governing Board of
the City of Lodi do hereby certify that the foregoing is a full,
true, and correct copy of a resolution adopted by the Board at a Citj Cpuncil — meeting
thereof held at its regular place of meeting at the date and by the vote above stated, which
resolution is on rile in the office of the Board.
City of Lodi Fire Department
Name of organization
217 W. Elm Street
Mailing address
Lodi San Joaquin 95240
city County ZIP code Susan J. Blacks�L-bn
City Clerk
OR
C. AUTHORIZED this day of
Name of Chief Administrative Officer
20 _, by:
Name of organization
Mailing address
(Signed)
city County ZIP code
Title
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 the 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 insfltution or organization. the property is needed for and will be used by the recipient for educational or public health
purpose. 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 apprpval of the state agency.
(3) Funds are available to pay all costs and charges inciderillodonalim
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under ride A 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:
it) All items of Prop" 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 stale agency.
(2) Such special handling or use limitations ar, are Imposv-d 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 right to the possession of such property shall at the option of GSA
revert to the United States ofAmerica 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 $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT
VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property "It be used only for the purpose(s) for which acquired and for no other purpose(s�
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from
the date the property I$ 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 Prop" is not so used as required by (C) (1) and (2) and federal restrictions (B) (1) and (2) have expired Then title and right to the
possession of such property "it at the option of the state agency revert to the State of California and the donee shall re lease such property to such person as the
state agency shall direcL
(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 lime the conditions imposed by (8) 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. bal3ment. 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 other 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 d.,nee 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 of agency ofthe 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 oiner perfineid maiers 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 isr 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. of3n
amount equal to the unamorlized portion of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSLES (50 FEET OR MORE IN LENGTH) HAVING AN
ACQUISTION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donabon shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer. Document executed by the
authorized donee representafive.
DEPARTMENT OF GENERAL SERVICES SASP Form 201 (0212000)
'PROCUREMENT DIVISION www.pd.dgs.ca.gov/materialsifsurplus.asp
SURPLUS PROPERTY
1700 NATIONAL DRIVE New
SACRAMENTO. CA 95834-1965 STATE OF CALIFORNIA
(916) 928-4630 APPLICATION FOR ELIGIBILITY
FEDERAL SURPLUS PROPERTY PROGRAM
Before preparing this application, please read carefully the definitions given under Part B. Fill Out 211 applicable sections.
A. Name of Organization City of Lodi Fire Department Telephone (209) 333-6735,E
Address 217 W. Elm Street —City
Lodi
County Sau Joaquim Zio 95240
1. Application is being made as a (please check one) (a) Public agency _ or (b) Private. nonprofit and tax-exempt educational or public health organizatior
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 Se
evidencing tax -exemption under Section 501 of the Internal Revenue Code of 1954.
2. Check type of agency or organization and attach a supplement tc this applir.�tion describing the program cpera!ions and activities. For private, nonprofit
organifations, the folloWing additional information is required: (a) For educational institutions. include a description of the curriculum, the number ofday!
the school year, and the number and qualification of the faculty or staff; (b) If a public health institution or organization, include a description ofthe healt
services offered, qualifications of staff and, if applicable, the number of beds, the number of resident physicians, and number of registered nurses on WE
staff.
PUBLIC AGNECY: Check either state —or local X NONPROFIT AGENCY OR ORGANIZATION:
Conservation —Education
Economic Development Grade level
Education . (Preschool. University)
Grade Level Enrollment
(Preschool, university)
Enrollment
No. of school sites
Parks & Recreation
Public Health
Public Safety
Two or more of above
Other (specify)
No. of school sites
----,School for the mentally or physically handicapped
—Educational radio or television station
—Museum
—Library
—Medical institution
—Hospital
—Health center
__Clinic
__Other (specify)
3. Check if the applicant program is approved _: accredited _: or licensed Enclose evidence of such approval, accreditation, or licensing. It the 2pp
lacks evidence of formal approval. accreditation. or licensing, check here _ and refer to the enclosed instructions.
4. Are the applicant's services available to the public at large? Yes . If only a specified group of people is served, please indicate who comprises this
group.
5. Checklist of attachments submitted vAth this application,
Evidence that applicant's program is a public agency or exempt from paying taxes under Section 50.1 of the IRS Code of 1954.
Description of programoperations and aA-Afies. '
Evidence of approval, accreditation, or licensing or information submitted in lieu thereof.
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.
SASP Form No. 203, nondiscrimination compliance 2ssurance.
Statement concerning applicant's needs, resources. and ability to utilize the property.
Other statements or documentation required, as specjAeel�in the instructions, for certain categories of applicants.
Date: // /
Signed: Title: . H. D1xon Flynn, City Manager
FOR STATE AGENCY USE
Applications approved
Comments or additional information:
Date: Signed:
Applications disapproved
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 Associations: a regional or
national accrediting association for universities, colleges, or secondary
schools: or another recognized accrediting association.
Approved: 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 or instructional standards. An educational institution may be
considered as approved if its credits are accepted by accredited or
state -approved institutions or if it meets the academic or instructional
standards prescribed for public schools in the state.
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.
Clinic: 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 laboratories and
treatment rooms.
College: An approved or accredited public or nonprofit institution
of higher learning offering organized study courses cind credits leading
to a bac6alaureate or higher degree.
Conservation: A program or programs carried out or promoted by
a public agency for public purposes involving, directly or indirectly, the
protection, maintenance, development, and restoration of the natural
resources of a given political area. These resources include but are not
limited to the air, land, forest. water, rivers, streams, lakes and ponds,
minerals. and animals, fish, and other wildlife.
Economic development: A program or programs carried out or
promoted by a public agency for public purposes which involve, directly
or indirectly, efforts to improve, efforts to improve the opportunities of, a
given political area for the successful establishment or expansion of
industrial, commercial, or agricultural plants or facilities and which
otherwise assist in the creation of long term employment opportunities
in the area or primarily benefit the unemployed or those with low
incomes.
Educational Institution: An otherwise eligible public or nonprofit
institution, facility. entity or organization conducting educational
programs, including research for any such programs. such as child care
center, school, college, university, school for the mentally or physically
handicapped, educational radio or television station, museum. or library.
Educational radio stations: 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. 501 of the Internal Revenue Code of
1954.
Educational television station: A television 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 501 of the Internal Revenue Code of
.954.
Health center., An approved public or nonprofit facility utRized by a
health unit for the provision of public health services, including related
facilities such as diagnostic and laboratory facilities and clinics,
Hospital., An approved or accredited public or nonprofit institution
providing public health services primarily for inpatient medical or
surgical care of the sick and injured, including related facilities such as
laboratories, outpatient departments. training facilities, and staff offices.
Library: A public or nonprofit facility providing library services free
to all residents of a community. district, state or region.
Medical institution: An otherwise eligible public or nonprofit
institution, facility, entity. or organization the primary function of which is
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. training, or demonstrations related to the cause,
prevention. and methods of diagnosis and treatment of diseases and
injuries. The term inducles but is not limited to hospitals. clinics,
alcoholic and drug abuse treatment centers, public health or treatment
centers. research and health centers, geriatric center laboratories,
medical schools. dental schools, and similar institutions. The term does
iol include institutions primarily engaged in domicilliary care although a
separate medical facility within such a domiciliary institution may quality
3s a "medical institution!
Museum: A public or nonprofit activity which: (a) owns or us'.
articles of artistic. cultural. scientific or historical interest; (b) employ
qualified full time staff member which devotes his or her time Primar.
to the acquisition, care. preservation and exhibition of objects ownec
used; and. (c) exhibits those arUcles on a regular basis to the public
free or at a nominal charge.
Nonprofit Institution: An educational or public health institutic
or organization, no pan of the net earnings of which inures or may
lawfully inure to the benefit of any private shareholder or individual a -
which has been held to be tax exempt under the provisions of Seclic,
501 of the Internal Revenue Code of 1954.
Park and recreation: A program or programs carried out or
promoted by a public agency for public purposes which involve direc:
or indirectly the acquisition. development, improvement, maintenancE
and protection of park and recreational facilities for the residents of a
given political area. These facilities include but are not limited to park
playgrounds and athletic fields. swimming pools. golf courses, nature
facilities, and nature trails.
Public agency., Any state: any political subdivision thereof,
including any unit of local government or economic development
district: any department, agency. instrumentality thereof, including
in;.trumentaii ties created by c,3mpact or other agreement between a
state and another state, a political subdivision. 2 muft.'jurisdictiorial
substate district established by or pursuant to state law. or any Indiar.
tribe, band. group, pueblo. or community located on a state reservatic
Public health: A program or programs to promote. maintain, ar,
conserve the public's health by providing health services to individual!
and by conduct of research, investigations, examination. training, and
demonstrations. Public health services may include but are not limitec
to immunization, maternal and child health programs, sanitary
engineering, sewage treatment and disposal, sanitation inspection anc
supervision, water purification and distribution. air pollution control,
garbage and trash disposal. the control and elimination of disease -
carrying animals and insects, and the control of communicable
diseases.
Public safeV- A program or programs carried out or promoted t
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 limited to those Carried out by public police
departments, sheriffs offices. the courts. penal and correctional
institutions including juvenile facilities. state and civil defense
organizations, and fire departments and rescue squads including
volunteer fire departments and rescue squads supported in whole or it,
part with public funds.
School (except schools for the mentally orphysically
handicapped): A public or nonprofit, approved or accredited
organizational entity devoted primarily to approved academic.
vocational, or professional study and instruction, which operates
primarily for educational purposes on a full-time basis for a minimum
school year and employs a full-time staff ofjualffied instructors.
School for V. e mentally h.9nd!-_-_n,3rd.- A fazility or institution
operated primarily to provide specialized Instruction to students of
limited mental capacity. It must be public or nonprofit and must operate
on a full-time basis for the equivalent of a minimum school year
prescribed for public school instruction of the mentally handicapped.
have a staff of qualified instructors, and demonstrate that the facility
meets state and local health and safety standards. '
School for the physically handicapped. A school organized
primarily to provide specialized instruction to students whose physical
handicaps necessitate individual or group instructions. The schools
must be public or nonprofit and operate on a full-time basis for the
equivalent of a minimum school year prescribed for public school
instruction for the physically handicapped, have a staff of qualified
instructors, and demonstrate that the facility meets state and local
health and safety standards.
Tax supported organization: One which receives a major
portion of its financial support from Moneys derived from state or local
government revenues.
University. A public or nonprofit. approved or accredited institutic,
of higher educa Lion empowered to confer degrees in special
departments or colleges.
PROCUREMENT DIVISION
SURPLUS PROPERTY
1700 NATIONAL DRIVE
SACRAMENTO, CA 95834-1965
(916) 928-4630
SP Form 203
(3-82)
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER
TITLE VI OF THE CIVIL RIGHTS ACT'OF 1964, SCTION 606
OF TITLE VI OF THE FEDERAL PROPERTY ANb-ADMINISTRATIVE
SERVICES ACT OF 1949, AS AMENDED, SECTION 504 OF
. THE REHABILITATIN ACT OF 1973, AS AMENDED,
TITLE IX OF THE EDUCATION AMENDEMENTS OF 1972, AS AMENDED
AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975. '
City of Lodi Fire DeRartment (hereinafter called the "donee"
(Name of donee organization)
HEREBY AGREES THAT the program for or in connection "ith -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 ediity) 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 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 Service� 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 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 i0ol City of Lodi . Fire Department
Donee Orga: tion
Z "0
By
H. Dixon Fiy(m ' (Pre'sident/Chai(r7ia—h-bYiffi7rffard
City Manager or comparable authorized official)
217 W. Elm Street
Lodi. CA 95240
Donee Mailing Address