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HomeMy Public PortalAboutRES-CC-2000-08RESOLUTION 08-2000 A RESOLUTION DESIGNATING RACHEL ELLISON, CITY RECORDER, AS THE REPRESENTATIVE OF THE CITY OF MOAB TO SECURE THE TRANSFER OF SURPLUS FEDERAL PROPERTY THROUGH THE UTAH DIVISION OF SURPLUS PROPERTY. BE IT RESOLVED THAT Rachel Ellison, City Recorder shall be and is hereby designated as the representative of the City of Moab to secure the transfer to said Applicant of surplus Federal property through the UTAH DIVISION OF SURPLUS PROPERTY, under the provisions of Section 203 (j) of the Federal Property & Administrative Services Act of 1949, as amended, to obligate the applicant and its funds to the extent necessary to comply with the terms and conditions listed on the reverse side of this form. BE IT FURTHER RESOLVED THAT a certified copy of this resolution shall be submitted to the Utah State Agency for Surplus Property and that the same shall remain in full force and effect until written notice to the contrary is submitted to the said Utah State Agency for Surplus Property. CERTIFICATON I, Karla R. Hancock, hereby certify that I am the Mayor of the Moab City Council, City of Moab and that the foregoing is 1) a true and correct copy of the resolution adopted by the vote of a majority of said board present at duly -convened meeting of said board on the 1 la' day of April, 2000 at which a quorum was present. hi Rana R. Hancock Mayor Al IhST: QA, Q (Qe.0 Rachel Ellison City_ Recorder Resolution #06-2000 4112l00 FEDER PROPERTY TERMS AND C 4DITIONS (A) THE DONEE CERTIFIES THAT (I)It is a public agency, or a nonprofit educational or public health instruction 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 Seances (2) Ifa pubhc 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 , ifa 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 drstnbutron or for permanent use outside the state except with pnor 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 nondrscnmrnauon regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964 Title VI Section 606 of the Federal Property and Administrative Seances Act of 1949, as amended and Section 504 of the rehabilitation Act of 1973, as amended Title DC of the Education Amendments of 1972, as amended, and Section 303 of the Age Drscnminatron Act of 1975 (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS (1) All terms of property 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 an use, the donee shall immediately notify the state agency and, at the domes 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 state agency (2) Such special handling or use limitations as are imposed by General Seances 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) htle and nght to the possession of such property shall at the option of GSA revert to the United States of Amenca and upol demand the donee shall release such property to such a person as GSA or its designee shall direct O THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF 55,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT (l) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s) (2) There shall be a penod of restncuon which will expire after such property has been used for the purpose(s) for which acquired for a penod of 18 months from the date of property is placed in use except of such items of major equipment, listed hereon, on which the state agency designates a further penod of restriction (3) In the event the property is not so used as required by (cXl) and (2) and federal restrictions (B)(1) and (2) have expired then title and nght to the possession of such property shall at the option of the state agency revert to the Slate of Utah and the donee shall release such property to such person as the state agency shall direct (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS AND RESTRICTIONS (1) From the date it receives the property listed hereon and through the penod(s) of tune the conditions imposed by (B) and O 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 pnor approval of GSA under(B) or the state agency under(C) The proceeds Rom any sale trade, lease, loan bailment, encumbrance or other disposal of the property, when such action is authonzed 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 penod(s) of time the conditions unposed by (B) and O remain in effect, without the prior approval of GSA or the slate agency, the donee, at the option of GSA or the 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 any time, from the date it receves the property through the penod(s) of time the conditions imposed by (B) and O remain in effect 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 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 or agency of the 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 other pertinent matters as may be required from tune to time by the state agency (5) At the option ofthe state agency, the donee may abrogate the conditions set forth in O and the terms, reservations and restncbons 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 is" basis, without warranty of any land (2) Where a donee cames 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 restrrctronsoccurs the state agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamorized portion of the fair value of the damaged or destroyed donated items (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 5500 00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED The donation shall be subject to the terms, conditions reservations and restrictions set forth in the Conditional Transfer Document executed by the authonzed donee representative (G) THE PROSPECTIVE LOWER TIER PARTICIPANT CERTIFIES, BY SUBMISSION OF THIS PROPOSAL, THAT NEITHER IT NOR ITS PRINCIPAL IS PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, DECLARED INELIGIBLE, OR VOLUNTARILY EXCLUDED FROM PARTICIPATION IN THIS TRANSACTION BY ANY FEDERAL DEPARTMENT OR AGENCY (H) 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. Signature Dare — I I - �ozTz� NOTE By signing this f agree to with the terms end conditions as stated above AUTHORIZED AGENTS AND THEIR SIGNATURES 1 Date - (`- 020--a-e--) The following persons, whose signatures appear below, are authorized to acquire surplus Federal property through the Federal Property Assistance Program for Full Legal Name of Applicant or Donee rrmv nF mnaa " Printed Name & Signature ** Separate Mailing Address l Pn.tNe CHELL ELLISON 1 St ‘40011'--" Work Phone Fax Home Phone 2 Work Phone Fax Home Phone 3 hmtN.e BRENT J. WILLIAMS 3 Scpahrs 4 Praia Name LARRY JOHNSON Scpgcre Work Phone Fax Home Phone 4 Work Phone Fax Hine Phone 5 !run Name Knalmwmi flFNNFV 5 Scpams ll Work Phone Fax Home Phone 6 Pont Name ,DONNA METZLER 6 Work Phone Fax Home Phone • Other agent: may Ise =th media shop at the Utah SelSPD4u4taion Center on one tome bans by submitting. letter of authorization signed by the duly designated represent.trve Only the person designated by resolution on USASP Form No. 103 may a cthorize Donee agents •• By ircludingasepwwts mailing address for each signer you will insure that the authorized signer will receive property bulletins The matting address should be the address where the signer will most likely receive the bulletins Home mailing addresses may be ro __ate. nn Submitted By LA e �-�1g Signature .fDesignated Represeetetive NOTE Each authored signer must read, sign and return the attached terms certification and agree to comply with it Also, when you add IVEW AUTHORIZED SIGNERS THEY MUST ALSO SIGN AND COMPLY with the attached certification *); APPLICATION FOR ELIGIBILITY FEDERAL SURPLUS PROPERTY PROGRAM UTAH STATE AGENCY FOR SURPLUS PROPERTY PO Box 141 152 477 West 13800 South Salt Lake City Utah 84114 (801) 576-8280 fax (801) 576-8279 Dear Fnend The Federal Surplus Property Program was created by the U S Congress and is perhaps one of the finest examples of government at its best It brings together every level of government to help expand the tax payers dollar This oufstandmgprogram actually expands the tax dollar by effectively extending the useful life of Federal surplus supplies and equipment for public good. You are invited to fill out this application to help us deter nute your eligibility to participate in this outstanding program It does take extra effort and some creativity on your part to use surplus property, but the savings are well worth that effort We look forward to being of service to you and we hope to see you often[ Kindest Regards, .)16/12, Loretta L Potter Property Utilization & Marketing Officer PLEASE NOTE All applicable information must be filled in or provided or your eligibility determination may be delayed I Legal Name and Address of Applicant's Organization (if P 0 Box Number - Street Address must be included as well) CITY OF MOAB 115 WEST 200 SOUTH, MOAB, UTAH 84532 GRAND (435)259-5121 (435) 259-2683 County Telephone Fax 11 Donee/Organization Status (check A or B) A X Public Agency (including Public Schools) (Complete Section III Omit Section IV) B Non -Profit Tax Exempt Educational, Health Organization or Homeless Provider (Complete Section IV, Omit Section III) USASP Action Taken (Agency Use Only) _ Approved _ Not Approved USASP GSA Regional Office GSA Central Mee Date: III. Public Agencies A. Check Type li! City ❑ School Cl State ❑ County ❑ T.wn ❑ Public School District ❑ Other (specify): B. Provide a brief description of public program: PIIR1TCTPALMTY '4xxY`u'r,:,rl v NMFAlT PttacTr ,SFRVTCES C. Cite the Law, Ordinance Agreement, etc., creating your agency: THe' CITY ^F M^AB w INCORPORATED IN 1902 AND DECLARED A THIRD CLASS CITY BY PROCLAMATION 9-75-16 BY GOvERNOP HEW Rl:.prlp D. Resident population of your jurisdiction n oO number0 of personT POPULATI clients, inmates, residents, students served daily through your program(s): _ E. Total budgeted expenditures for last fiscal year: $1.747.77R F. Source(s) of operating funds for last fiscal year. If more than one source, give percentage received from each: ID Local Taxes States Taxes 22t ❑ Federal Grants }I1 Other (specify): 27; ( PEES, ETC) G. Total budget for current fiscal year. G.F. $3, 905, 455 H. Complete Section V, Nondiscrimination Assurance. I. Complete Section VI, Donee Authorization, Resolutions and Certifications and Agreements. V Nonducrtminatton Assurance CITY OF MOAB the donee, assures compliance Name ofApplicmt with all requirements imposed by or pursuant to the regulations of the General Services Admuustration (41 CFR 101- 6 2 and 101-8) issued under provision to Title VI of the Civil Rights Act of 1964, as amended Title VI of the Federal Property and Administrative Services Act of 1949, as amended Section 504 of the Rehabilitation Act of 1973 as amended Section 303 of the Age Discrimination Act of 1975 as amended and Title IX of the Education Amendments of1972 No person will be excluded from program participation or demed program benefits due to race color national origin sex education or handicap Further, the donee agrees that this assurance obligates for the penod during which it retains ownership or possession of property that the United States shall have the nght to seek judicial enforcement of this agreement this agreement is binding upon the donee and it's successors transferrers and assignees 1a 4*4z. f . grj,A j frL rJ(_ �1 m0 // . JQO o rtide of the ardor m leA fro red O�cml A 1 bel"RACHEL ELLISON, CITY RECORDER Ron Be 1, resolvrd that sr1Cl.c1v.QA £l I 1 Sovt Name of DesegimeaRrpremotoome 1•C.Q CuYc. Tale ofDenanld Representative Slanatiae shall ce and is liereby designated as the representative of A-3 erb J . D CLIO to secure the transfer to said Apphcant of surplus Federal property through the UTAH STATE AGENCY FOR SU1 PLUS PROP RTY, under the provisions of Section 203(1) of the Federal Property & Administrative Services Act of 1949 as amended, to obligate the applicant and its funds to the extent necessary to comply with the ferns and Conditions hsted on the reverse side of this form BE IT FURTHER RESOLVED THAT a certified copy of this resolution shall be submitted to the Utah State Agency for Surplus Property and that the same shall remain m full force and effect until written notice to the contrary is submitted to the said Utah State Agency for.Sxrolus Property CIC `q.tC�% ) VII Certification IKARLA HANCOCK Nine the CITY COUNCIL resolution adopted by the 11TH day of APRIL day of Sq..re fDenpnrd RepeaeWaked hereby certify that I am theMAWR of Title of CITY OF. IMOAB and that the forgoing is (1) a true and correct copy of the vote of jj ajonty of said board present at a duly -convened meeting of said board on the _ 19 29ifivhich a quorum was present, OR (2) and executive action taken by me on the _ 19 !� 2� tnh„,cdi SI .f!•rurdent/Chabman of the Hoard oftom`pgra Authorized Official