Loading...
HomeMy WebLinkAboutResolution No. 22-8070 - Authorizing Certain City Reps to Acquire Federal Surplus PropertyRESOLUTION NO. 22-8070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING CERTAIN CITY REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY WHEREAS, the Federal Surplus Property Program ("Program") enables certain nonfederal organizations to obtain personal property that the federal government no longer needs, and WHEREAS, the California Stage Agency for Surplus Property ("Agency") requires the City to authorize the acquisition of such property and accept responsibly for payment of incidental fees associated with acquiring such property; and WHEREAS, to renew the City's eligibility in the Program, the City must submit to the Agency the attached eligibility application along with a Resolution authorizing certain designated city representatives to acquire goods on behalf of the City and accept responsibility for payment of incidental fees associated with acquiring such property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council approve the attached Program eligibility application and direct the City Clerk to certify such fact to the Agency. SECTION 2. The following city representatives are authorized to acquire surplus property through the auspices of the California State Agency for Surplus Property and are to be included in the application: Gilbert A. Livas City Manager Anil H. Gandhy Director of Finance/IT Vaniah De Rojas Assistant to the City Manager Kathleen van Raay Purchasing Coordinator SECTION 3. The City Clerk shall certify to the passage and adoption hereof. APPROVED AND ADOPTED this 24thh day of MM 2022. -ICA PA C ECO, Mayor ATTEST: 'A IA ALICIA DUARTE, City Clerk vote,I AEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 24th day of May, 2022, by the following • AYES: Council Members: La Plante, Trujillo, Alvarez, Mayor Pacheco NOES: Council Members: None. ABSTAIN: Council Members: None. ABSENT: Council Members: Frometa 4AVA LICIA DUART �,MC��� City Clerk B. The above resolution was PASSED AND ADOPTED this it day of Vmne .20 7.2.bythe Governing Board ofthe: � �I � bythefoU��n�vo�� AYES: — �NOES: __-. �A�8EMTm " � _� Agency Name .� I, Clerk ufthe Governing Board known aa �� ��() tic� � Do hereby certify that the foregoing is a full, true and correct resolution adopted by the governing board of the below named organization at the meeting thereof held at its regular place of meeting on this date and by the vote above stated, a copy of said resolution is on file in the phncipmpoffice ofthe Governing Board. . Name of Organization Mali �IiWng Address C. AUTHOR|ZED0his ___dmyuf 20by: OFFICE OF FLEET AND ASSET MANAGEMENT I State of California I Government Operations Agency 7700 National Drive I Sacramento, CA 95834 On Agency Issued or Distribution Documents 1) It is a public agency; or an approved non-profit institution or organization, exempt from taxation under Section 501 of the Internal Revenue Code of 1986; within the meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the General Services Administration (GSA), 2) The property is needed and will be used by the recipient for carrying out for the residents of a given political area one or more public purposes, o if a nonprofit tax-exempt institution or organization or 8(a) business, the property is needed for and will be used by the recipient for educational o public health purposes, or for programs for older individuals, or for business purposes, The property is not 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 CSASP. 3) Funds are available to pay any and all costs and charges incidental to the receipt of surplus property, and that property is not being acquired for any other use(s) or purpose(s), is not for sale. The fee schedule is available upon request from the CSASP. 4) Any transaction shall be subject to the nondiscrimination regulations governing the donation of federal surplus personal property issued under Ti VI of the Civil Rights Act of 1964 (41 USC 20OOd-20OOd-4a), as amended, section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, section 303 of the Age Discrimination Act of 1975, and the Civil Rights Restoration Act of 1987. 5) If the Donee is designated by the Federal Small Business Administration 8(a) Program as a socially and economically disadvantaged small business and the SBA and CSASP have both determined the Donee is eligible to receive federal surplus property as a donation, the Donee certifies that the property acquired is needed and will be used solely for the conduct of the Donee's business enterprise: and the Donee certifies as GSA or its designee sh I direct. C) The Donee Agrees to the Following Conditions Applicable to Items with a Unit Acquisition Cost of $5,000 or More and Passenger Motor Vehicles, Regardless of Cost. Except Vessels 50 Feet or More in Length and Aircraft Regardless of Acquisition Cost: 1) The property shall be place in use within one year of receipt, and shall be used only for the purpose(s) for which it was 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 it is acquired for a period of 18 months from the date the property is placed in use, except for such item(s) of major equipment for which the CSASP designates a further period of restriction, 3) In the event the property is not so used as required by Sections C (1) and (2), at the option of the CSASP, title and right to the possession of such property shall, at the option of the CSASP, revert to the State of California, and the Donee shall release such property to such person as the CSASP shall direct. 1) From the date it receives the property and throughout the time period(s) imposed by Sections B and C (as applicable) 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 of California, without the prior approval of GSA or the CSASP, The proceeds from any sale, trade, lease, loan, bailment, encumbrance or other disposal of the property, when the GSA or the CSASP authorizes such action, shall be remitted promptly by the Donee to GSA or the CSASP, as applicable. If the Donee takes action in ignoring or disregarding the foregoing restrictions after the date the Donee received the property and before expiration of the time periods imposed by Sections C or D as applicable, at the option of the GSA or the CSASP, the Donee shall pay to the GSA or the CSASP any proceeds derived from the disposal, and/or the fair market or rental value of the property at the time of such unauthorized disposal as determined by the GSA or the CSASP as applicable. 2) If at any time, from the date the Donee receives the property throughout the time periods by Sections B and C as applicable, the Donee determines that some or all of the property is no longer suitable, usable, or further needed for the purpose(s) for which it was acquired, the Donee shall promptly notify the CSASP and shall, as directed by the CSASP, return the property to the CSASP, or release the property to another Donee or another state agency, or a department or agency of the United States, or sell or otherwise dispose of the property. The Donee shall remit the proceeds from the sale promptly to the CSASP. 3) The Donee shall make reports to the CSASP which shall state the use, condition, and location of the property, and shall report on other pertinent matters as may be required from time to time by the CSASP, At the option of the CSASP, the Donee may abrogate the conditions set forth in Section B and the terms, reservations and restrictions pertaining in Section D by payment of an amount as determined by the CSASP, E) The donee Agrees to the Following Conditions, Applicable to all Items of Property: The property acquired by the Donee is on an "As Is," "where is" basis, without warranty of any kind, If the Donee carries insurance against damawes to or loss to donated property with unexpired terms, conditions, reservations or restrictions, occurs, the CSASP will be entitled to reimbursement from the Donee out of the insurance proceeds, in an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated property. F) Terms, conditions, reservations and restrictions set forth in !tCznditional Transfer Document executed by the authorized Donee representative are applicable t oo 0� donatin•f Aircraft a se s of 50 Feet or more in length having an acquisition cost of $5,000 more in length or ss f ed. SIGNATURE- DATE: (0 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES 0-(�v *�--puwysel I (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 CFR 101-6.2) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973. as amended. Title IX of the Education Amendments of 1972. as amen(fed. wr&r, Nlxa+• )] handicapped person shall solely by reason of the handicap, be excluded from participation 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 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 l-A 04- Vzwy� ip-t Donee Organization Donee Mading Address STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF FLEET AND ASSET MANAGEMENT ELIGIBILITY APPLICATION (NEW) SASP 201 (Rev 3/15) STATE OF CALIFORNIA NEW APPLICATION FOR ELIGIBILITY T4TEA FEQE A. Name of Organization C1 _0 -( p(mlo Telephone 5 (, -L 0111, 0 Address 11111 e>Y-00V,_c_,1MYe AVC _City_DOWY\P--JCountv Los AnIRkt3 Zip -10 -L4 I _ E-Mail Address K\joknmck,4 0- 63col,. ora, Fax Number 1 . Application is being made as a (please check one) (a) Public agency 0 or (b) qualified nonprofit and tax-exempt organization El. Check all spaces that apply and provide all requested data. PUBLIC AGENCYCheck either state 0 or local)( Conservation Economic Development V Education Grade Level att I, evfk S - G Q c10C OIL vor, (Preschool, K-12, college) Enrollment No. of faculty No. of days in school year V/ Parks & Recreation Public Health Z Public Safety Two or more of above Other (specify) Nj C VY'WY- S� I r IOV 01 f Col viv),00i4h klpmo'"Ak ce- r4-e y AORPROFIT AGEACT OR ORGANIX-MON: Education Grade Level (Preschool, K-12, college) School for the mentally or physically handicapped Enrollment No. of faculty No, of days in school year No. of school sites Educational radio or television station Museum Library Medical institution Hospital Health center Clinic Other (specify) 1. 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, 2. Checklist of signed and completed documents submitted with this application: SASP Form No. 202 "Resolution," properly signed and approved by the Governing Board designating representatives, including their signatures, —authorized to bind the applicant organization to service fees submitted by the State of California. SASP Form No. 203, nondiscrimination compliance assurance. Certification Regarding Debarment, Suspension, Ineligibility, & Voluntary Exclusion as required by the General Services Administration of the U.S. Government. Signature of Adminstrator or Director: N 0712 '• .r = Comments or additional information - Date: Donee Number: Billing Code: Application disapproved 'OFFICE OF FLEET AND ASSET MANAGEMENT I State of California I Government Operations Agency 1700 National Drive I Sacramento, CA 95834 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES OFFICE OF FLEET AND ASSET MANAGEMENT 6 S ELIGIBILITY APPLICATION (NEW) SASP 204 (Rev 3/15) STATE OF CALIFORNIA NEW APPLICATION FOR ELIGIBILITY STATE & FEDERAL SURPLUS PROPERTY PROGRAM racial and national origins of all persons wn your service area. You are therefore asked to supply the Office of Fleet and 6-halpfla"01'efel- to the US Census to determine the racial makeup of your service area at www.factfinder.census.gov/). This form must be completed and returned with the rest of the eligibility packet in order to qualify for the Federal Surplus Property Program. Your answers on this form in no way affect your eligibility; however, not returning the form will delay the processing of your application. Lznm�� Asian / Pacific Islander 1; Persons having origins in any of the tribal people of North America, and who maintain cultural identification through tribal affiliation or community recognition. Persons having origins in any of the original peoples of the far east, Southeast Asia, Pacific Islands, or the Indian Subcontinent. This includes China, Japan, Korea, The Philippines, and Samoa. Persons having origins in any of the black racial groups of Africa. -1q.1 rt Persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Span % - I culture or origin, regardless of race. 1 I Person having origins in any of the original people of Europe, North Africa, or the % Middle East. Other (Specify) Print Name Title _t4 q V16k q-p Signature Az'--Xo�' Date to O-L OFFICE OF FLEET AND ASSET MANAGEMENT I State of California :1 Government Operations Agency 1700 Nationai Drive 1 Sacramento, CA 95834 This certification is required by the General Services Administraflon regulations implementing Executive Order 12549-41 CFR 105-68 — for all lower tier transactions meeting the requirements stated at 41 CFR 105-68.110. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. no certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances, 4. The terms "covered transaction," "debarred," suspended," ineligible," "lower tier covered transecdon," "participant," d'person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage section of rule implementing Executive Order 12549, You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations, 5. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CPR pan 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the deparunent or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. 7. A participant in a covered transaction my rely upon a certification of a prospective participant in a lower tier covered trarisaction that it is not proposed for debarment under CFR part 9, subpart 9.4, debarred, suspended, in eligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to rendeL in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered trartsaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME OFDONEE APPLICANT 1-1 0 -f vj KP NAME AND TITLE OF AUTHORIZED REPRESENTATIVE DO