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Resolution 1988-13 ., '. . . ... .. 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liB"); and IT IS FURTHER RESOLVED that the Resolution No. 77-62 on this subject dated September 19, 1977, is hereby rescinded. -1- RESOLUTION NO. 88 - 13 . . .. 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 -2- 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)