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HomeMy WebLinkAboutRES 1983-77 - Board 1 b RESOLUTION NO, 8377 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING ACQUISITION OF FEDERAL, SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY , d of Directors's of the Truckee Donner Public Utility it BE IT RESOLVED by the Boar y � District, and hereby ordered that the officials and/or employees whose names, titles and signatures are listed below shell be and are hereby authorized as our representa- tives to acquire federal surplus property from the California State Agency Surplus Property under the terms and conditions listed in Exhibit "A" attached hereto. NAME TITLE SIGNATURE } Mary Chapman,, Office Manager z Bruce No Grow, Foreman of Technical Service s If CA Joe Straub, Warehouseman BE IT FURTHER RESOLVED that upon passage of this resolution, all previous resolutions authorizing employees to represent the District in the acquisition of federal surplus property from the State are hereby rescinded and of no fur- ther force and effect. a PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public a Utility District at a meeting duly called and held within the District on the 21 st day of November 1983, by the following roll call vote: AYES: Maass, VanLandingham and Corbett. NOES: None. i ABSENT: Kutte 1. TRUCKEE DONNER PUBLIC UTILITY DISTRICT t By sident s 9 1 ATTEST: i i i f Susan M. Craig, Deputy Distri Clerk { 3 ----------------- i f t IW k t i }a i i E _ C;allfornia State Department of Education offic c of Surplus Ptoperty 721 Capitol Mall,Sacramento,CA 95814 STATE OF CALIFORNIA OSP form No.201 (8-82) APPj,jCA71ON FOR ELIGIBILITY FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM 3efore preparing thisapplication,please read carefully the definitions given under Part B.Fill out all applicable sections. Part A. .e al name of organization Truckee Donner Public Utilit District Telephone (91� 8 8a address P• O. Box 309 City Truckee County Nevada ZIP 95234„_ 1. Application is being rade as a(please check one)(a)Public agency (j or (b)Private, nonprofit and tax-exempt educational or public health organization ❑. 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 Sol 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❑or local El NONPROFIT INSTITUTION OR ORGANIZATION: O.Conservation ❑ Education C7 Economic development Grade level (Preschools university) ❑ Education Grade level Enrollment (11teschool,university) No.of school sites Enrollment ❑ School for the mentally or physically handicapped No.of school sites ❑ Educational radio or television station ❑ Parks and recreation 0 Museum ❑ Public health ❑ Library ❑ Public safety ❑ Medical institution ❑ Two or more of above ❑ Hospital 0 Other(specify)__. Public utility ❑ Health center (electric/water) ❑ Clinic ❑ Other(specify) i. Check if the applicant program is approved F7 ; accredited ❑ ;or licensed ❑. Enclose evidence of such approval, accreditation, or licensing. If the applicant lacks evidence of formal approval, accreditation, or licensing, check here 0 and refer to the enclosed instructions. 4. Are the applicant's services available to the public at large?...no,.__.____. if only a specified group of people is served,please indicate who comprises this group. Checklist of attachments submitted with this application: ❑ Evidence that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954 Cl Description of program operations and activities fl 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 assurance 0 Statement concerning applicant's needs,resources,and ability to utilize the property Cl Other statements or documentation required,as sp ified ijp the in truct' ns,for certain categories of applicants. veM aer 2 ?itle- Pr -q Pntato: Na Si F R STATE AGENCY USE ,pplication approved: Application disapproved: 'ominents or additional information: W e', Signed: Director Office of Surplus Prope f OSP Form No. 203 (3-m82) 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 ADh1INISTRATIVE SERVICES ACT OF 19490 AS AMENDED, SECTION 504 OF THE REHABILITATION ACT OF 1973t AS AMENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972p AS AMENDED AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975 Truckee Donner Public utility District , (hereinafter called the "donee" ) , - -0 (Name o onee 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-m-6 . 2) issued under the provisions of Title VI of the Civil Rights Act of 1964 , Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973 , as amended, Title IX of the Education Amendments of 1972, as amended , and Section 303 of the Age Discrimination Act of 1975, to the end that no person in the United States shall on the ground of race, color , national origin , sex, or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration;. and HEREBY 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 4r 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 November 21, 1983 Truckee Donner Public Utility District Donee Organization BY iW (P i ent C airman of the Board or parable authorized official) Post Uf f ice Box 309 Truckee, California 95734 Donee Mailing Address TERMS AND CONDITIONS A> THF.DONEE CERTIFIES THAT: 1 It is public agency;or a nonprofit educational or public health institution or organization,exempt from taxation under Section 501 t ) a p g (it' the Internal Revenue Code of 1954;within the meaning of Section 203(1)of the Federal Property and Administrative Services Act of 1949, ui amended.and the regulations of the Administrator of General Services. (2) if a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,and including research for such purpose.The property is not being acquired for any other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued 0 rider Title VI of the Civil Rights Act of 1964;Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949, as ;imonded;Sectiun 504 cif the Rehabilitation Act of 1973,as amended;Title IX of the Education Amendments of 1972,as amended;and Section 303 o c thy:Age Discrimination Act of 1975. ;to THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s)for which acquired within one year of receipt and shall be continued in trse 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 Othtirwise snake the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s)of property listed hereon. (3) In the event the property is not so used or handled as required by (13)(1) and (2), title and right to the possession of such property stiall 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 CAS A 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 $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 purposes)for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a )period of 18 months from the date the property is placed in use, except for such items of major equipment,listed hereon,on which the state rat ency 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(13)(1) and'(2)have expired then title and right to the possession of such property shall at,the option of the state agency revert to the State of California and the donee shall release stick property to such person as the state agency shall direct. t Ia) 'Tin"'.DOWE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by(B)and(C)above remain in effect, the donee shall not sell, trade,lease,lend,bail,cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state,without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale, 1 13de, lease, loan, bailment,encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency,as the case may be. (2) In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed Oaf by the donee from the date it receives the property through the period(s) of time the conditions imposed by(B)and(C)remain in effect, without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state apcncy, as the vase may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time cat'such disposal,as determined by GSA or the state agency. •(3) if at any tulle, from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C) remain in cftec•t, 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 J,jnce small promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the propertyy to another donee or another state agency or a department or agency of the United States,sell,or otherwise dispose of the property. I'he proceeds from any sale;shall be remitted promptly by the donee to the state agency. (4} "The donee sliall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other J)ertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pel tinent thereto in(D)by payment of an amount as determined by the state agency. (L) THE DONFE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED t1EREON: (1) The property acquired by thq donee is on an"as is,""where is"basis,without warranty of any kind. ') inhere a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to Junli(ed property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from the donee ou t of the insurance proceeds,of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated 1terns. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING;AN ACQUISITION COST OF$3,000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: Tf,.,1 donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document CAC,'i1!eiJ u 'fie authorized donee representative. FSt-1 g7 OE 12667 482 3M