Resolution 1988-13
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RESOLUTION NO. 88 - 13
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROVIDING FOR THE ACQUISITION OF
FEDERAL SURPLUS PROPERTY.
WHEREAS, by Public Law 94-519, the Federal Government has authorized the
donation of federal surplus property to any public agency to assist in carrying out
or promoting for the residents of a given political area one or more public
purposes, such as, but not limited to, conservation, economic development,
education, parks and recreation, public health and public safety; and
WHEREAS, certain terms and conditions are imposed by the California
State Agency for Surplus Property in connection with the acquisition of such
property; a list of such terms and conditions is attached hereto as Exhibit "A";
and
WHEREAS, the City of Gilroy, State of California, desires to establish
its eligibility for such property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
that:
1)
The officials and/or employees whose names and titles are
listed below shall be and are hereby authorized as our
representatives to acquire, on behalf of the City, federal
surplus property from the California State Agency for Surplus
Property under the Terms and Conditions listed on the
attached form:
Jay Baksa, City Administrator
Gloria Mullings, Purchasing Agent
IT IS FURTHER RESOLVED that the Mayor of this Board is authorized to
sign an Assurance of Compliance with GSA Regulation under TITLE VI of the Civil
Rights Act of 1965 (SASP Form 203, attached hereto as Exhibit liB"); and
IT IS FURTHER RESOLVED that the Resolution No. 77-62 on this subject
dated September 19, 1977, is hereby rescinded.
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RESOLUTION NO. 88 - 13
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PASSED AND ADOPTED by the City Council of the City of Gilroy, State of
California, on March 21, 1988 by the following vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, Mussallem, PALMERLEE,
VALDEZ and HUGHAN.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
ATTEST:
M2~~-
~~~erk
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RESOLUTION NO. 88 - 13
California Departm~nt of General Services
State Agency for SurPlus Property
i 40 Commerce Circle
Sacramento, CA 95815
OSP Form No. 201 (7/84)
EXHIBIT "A"
New D
Renewal D
STATE OF CALIFORNIA
APPLICA nON FOR ELIGIBILITY
FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
Before preparing this application, please read carefully the definitions given under Part B. Fill out all applicable sections.
Part A,
Legal name of organizatiofl City of Gilroy
Addres!': 7"3 C;) 'Rns;:mn.::l ~t-rppt- <:ity Gi' rov
(408) 842-31[
. Telephone
County SantaClarcv.ip 95020
1. Application is being made as a (please check one) (a) Public agency 0 or (b) Private, nonprofit and tax-exempt educational or
public health organization D. Please provide evidence that the organization is a public agency or enclose a copy of the letter or
certificate from the United States Internal Revenue Service evidencing tax-exemption under Section 501 of the Internal Revenue
Code of 1954.
2. Check type of agency or organization and attach a supplement to this application describing the program operations and activities.
For private, nonprofit organizations, the following additional information is required: (a) For educational institutions, include a
description of the curriculum, the number of days in the school year, and the number and qualification of the faculty or staff;
(b) If a public health institution or organization, include a description of the health services offered, qualificatons of staff and,
if applicable, the number of beds, number of resident physicians, and number of registered nurses on the staff.
NONPROFIT INSTITUTION OR ORGANIZATION:
o Education
Grade level
PUBLIC AGENCIES: Check either state 0 or local [)(
o Conservation
o Economic development
o Education
Grade level
(Preschool, university)
(preschool. university)
Enrolhnent
No. of school site!:
o School for the mentally or physically handicapped
o Educational radio or television station
o Museum
o library
o Medical institution
o Hospital
o Health center
o Clinic
o Other (specify)
3. Check if the applicant program is approved :KJ; accredited 0; or licensed O. 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.
Enrollment
No. of school sites
o Parks and recreation
o Public health
o Public safety
o Two or more of above
~ Other (specify) Municipality
4. Are the applicant's services available to the public at large? ye s . If only a specified group of people is served, please indicate
who comprises this group.
5. Checklist of attachements 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.
Xl SASP Form No. 202, "Resolution," properly signed, designating representatives authorized to bind the applicant to the terms
and conditions governing the transfer of federal suplus personal property.
Kl SASP Form No. 203, nondiscrimination compliance assurance.
o Statement concerning applicant's nee resources, and ability to utilize the property.
o Other statements or documentatio e uired, as ecifie in instruction, for certain categories of applicants.
Date: Harch Title: Mayor
Application approved:
Comments or additional information:
pplication disapproved:
Date:
Signed:
Director
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 for universities, colleges,
or secondary schools; or another recognized accrediting association.
Approved: Recoginition and approval by the State Department
of Education, State Department of Health, or other appropriate
authority. With resp,'ct 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 institu tions 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.
Ginic: 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 labora-
tories and trea tment rooms.
College: An approved or accredited public or nonprofit institu-
tion of higher learning offering organized study courses and credits
leading to a bacculaureate or higher degree.
Consen'ation: A program or programs carried out or promoted
by a public agency for public purposes involving. directly or in-
directly, 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, forests, 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 indip"::tly. efforts to improve the opportunities of. a
given political arca 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 institlltion: An otherwise eligible public or non-
profit institution, facility, entity. or organization conducting
educational programs, including research for any such programs,
such as a 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 non-
profit and tax exempt under Section 50 I of the Internal Revenue
Code of 1954.
Educational television station: A television sta tion licensed by the
Federal Communications Commission and opeuted exclusively for
noncommercial educational purposes and which is public or non-
profit and tax exempt under Section 50 I of the Internal Revenue
Code of 1954.
Health center: An approved public or nonprofit facility utilized
by a health unit for the provision of public health services, including
related facilities such as diagnostic ,mu la'ooratDry facilities and
clinics.
Hospital- An approved or accr..,dited puhlic In nonprofit institu-
tion providing public health servic"" prim.Fily fl'r inpatient medical
of surgical Lare of th~ 'lick and injureJ, inducing related facilities
such as laboratories, outpatient departments, training facilities.
and staff otTices.
Library: .\ public or nonprofit facility providing library services
free to all residents of a community, district. state or region.
Medical ill,titution' An oth~rwise ,~Iigiblc public or nonprofit
institution, facility. entity, or organization the prinnry function of
which is the furnishing of health and medical services to the public
at large or promoting public health through the c<lnduct of research
for any such purpose~. experiments, training. or demonstrations
related to the cause, prevention, and methods of diagnosis and
treatment or diseases and injuries. The term includes but is not
limited to hospitals. clinics. alcoholic and drug abuse treatment
centers. public health lH treatment centers, research and health
centers. geriatric center laboratories, medical schools. dental
schools, nursing schools, and similar institutions. The term does not
include institu tions 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 activity which: (a) owns or
uses articles of artistic. cultural, scientific or historical interest;
(b) employs a qualified full time staff member which devotes his
or her time primarily to the acquisition, care, preservation and
exhibition of objects owned or used; and, (c) exhibits those articles
on aregu1ar basis to the public fr<le or at a nominal charge.
Nonprofit institution: An educational or public health institu-
tion 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 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
directly 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 parks, 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
instrumentalities created by compact or other agreement between a
state and another state, a political subdivision, a multijurisdictional
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 health by providing health services to in-
dividuals and by conduct of research, investigations, examination,
training, and demonstrations. Public health services may include but
are not limited to immunization, maternal and child health pro-
grams, sanitary engineering, sewage treatment and disposal. san ita-
tion inspection and supervision, water purification and distribution,
air pollution control, garbage and,trash disposal, the con trol and
elimination of disease-carrying animals and insects, and the con trol
of communicab!~ diseases.
Public saJi>t...: A program or programs carried out or promoted
by a public agency for public purposes involving, directly or in-
directly, 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 in part with public funds.
School (except schools for the mentally or physically handi-
capped): A public or non pro tit. approved or accredited organiza-
tional 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 of qualified instructors.
School for the mentally hal1dicapped: A facility 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-tim~ basis for the ~quiY:llent of a minimum school
year prescribed for public school instruction of the mentally handi-
capp,'d, have a 3taff ,if qualified instructors. and demonstrate that
the facility rneds state and local health and .safety standards.
School for the physic'1lly handicapped: A ~chool organized pri-
marily to provide specializ~d instruction to students whose physical
handicaps necessitate individual or group instruction. The schools
must be public or nonprofit and operate on a full-time basis for the
equivalent of a minimum ~cho[)l 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 organi:ation: One which receives a major portion
of its financial support from moneys derived from state or local
government revenues.
G'nirersity. .\ public or nonprofit. approved or accredited
institution of higher education empowered to confer degrees in
special departm~n ts or coll~ges.
Exhibit "B"
State Agency for Surplus Property
SASP Form No. 203
(10-77 )
ASSURANCE OF COMPLIANCE WITH GSA RESOLUTIONS 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, AND SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
CITY OF G nROY
(Name of donee organization)
, (hereinafter called the "donee"),
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, and Section 504 of the Rehabilitation Act of 1973, as amended, to the end
that no person in the United States shall on the ground of race, color, national
origin, or sex, 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 provlslons 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.
Dated:
March 21, 1988
City of Gilr..QY.....
Donee Organization
,
(President/Chairm
or comparable au
Mayor
of the Board
orized official)
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Donee Mailing Address
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 88-13
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
21st
day of
March
19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this __~~day of March
19 88.
(Seal)