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HomeMy Public PortalAboutRES-CC-1996-12RESOLUTION 12-96 BE IT RESOLVED THAT Sandra E. Beauregard,Actinq Reco,rdgiall be and is hereby designated as the representative of Moab City Corporation to secure the transfer to laid 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. )(41.4,e._ z .6m7,1 CERTIFICATION I, Thomas A. Stocks, hereby certify that I am the Mayor of the Moab City Council of Moab City Corporation 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 9th day of April , 1996 at which a quorum was present, or (2) an executive action taken by me on the day of — , 1996. ATTEST: Sandra E. Beaure Acting City Recorder homas A. Stocks Mayor Michael O. Leavitt Governor Raylene G. Ireland Executive Director Michael J. Seely Manager State of Utah Department of Administrative Services Division of General Services Utah State Agency for Surplus Property 522 South 700 West Salt Lake City, Utah 84104 (801) 533-5885 Fax: (801) 533-4016 MEMORANDUM TO: Donees FROM: Loretta Potter Federal Property Tech III RE: IT'S TIME TO RENEW AGAIN DATE: March 5, 1996 We are asking your cooperation in filling out the enclosed application to participate in the Federal Property Assistance Program. We update our files every two years. This helps us keep Lrack of changes that have occurred in your organization and keeps our files current. We applaud your interest in this fine program. We hope you are taking full advantage of the benefits this agency provides. If you have any questions about filling out the new application call Loretta Potter at 533-5885. ENC APPLICATION FOR ELIGIBILITY FEDERAL SURPLUS PROPERTY PROGRAM UTAH STATE AGENCY FOR SURPLUS PROPERTY 522 South 700 West Salt Lake City, Utah 84104 (801) 533-5885 fax: (801) 533-4016 Dear Friend: 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 outstanding program 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 determine 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, ichae J. See y Manager, Government Surplus PLEASE NOTE: All applicable information must be filled in or provided or your eligibility determination may be delayed. I. II. Legal Name and Address of Applicant's Organization (if P.O.Box Number - Street Address must be included as well). MOAB CITY CORPORATION 115 WEST 200 SOUTH MOAB, UTAH 84532 County GRAND Telephone 801 259-5121 Fax 801 259-4135 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) 1 USASP Form No100 (Rev 12/94) USASP Action Taken (Agency Use Only) _ Approved _ Not Approved USASP _ GSA Regional Office _ GSA Central Office Date: III. Public Agencies A. Check Type 4t)( City ❑ School ❑ State ❑ County ❑ Town ❑ Public School District ❑ Other (specify): B. Provide a brief description of public program: MUNICIPALITY ( LOCAL GOVERNMENT) — PTIRr.TC GRRVICES C. Cite the Law, Ordinance Agreement, etc., creating your agency: MOAB CITY WAS INCORPORATED IN 1902 AND DECLARED A THIRD CLASS CITY BY PROCLAIMATION ON 9-25-36 BY GOVERNOR HENRY BLOOD. D. Resident population of your jurisdiction and/or number of persons, patients, clients, inmates, residents, students served daily through your program(s): 4, 0 0 0 RESIDENT POPULATION E. Total budgeted expenditures for last fiscal year: G . F . $3 , 7 5 8 , 0 5 0.0 0 F. Source(s) of operating funds for last fiscal year. If more than one source, give percentage received from each: >a Local Taxes 2 5 % An( States Taxes 17 % ❑ Federal Grants — 0 — n Other (specify): 5 8 % ( FEES , ETC . ) G. Total budget for current fiscal year: G.F. $ 3 , 606 , 104.00 H. Complete Section V, Nondiscrimination Assurance. I. Complete Section VI, Donee Authorization, Resolutions and Certifications and Agreements. USASP Form No.101 (Rev 12/94) 4 V. Nondiscrimination Assurance MnAB CITY CORPORATION the donee, assures compliance with all Name of Applicant with all requirements imposed by or pursuant to the regulations of the General Services Administration (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 of 1972. No person will be excluded from program participation or denied program benefits due to race, color, national origin, sex education or handicap. Further, the donee agrees that this assurance obligates for the period during which it retains ownership or possession of property; that the United States shall have the t to seek judicial enforcement of this agreement; this agreement is binding upon ihe donee ccessors, transferrers a j ssignees. Y- 9- 9( Date Signature of nt/Chairman of the Board or omparable Authorized Official ATTEST: ��1� �.', %tA�46ANDRA E. BEAU EGARD THOMAS A. STOCKS t MAYOR Reso ution ACTING CITY RECORDER C� JEST: Be it resolved that Resolution 12-96 Sandra E. Beauregard Acting Recorder Name of Designated Representative Title of Designated Representative shall be and is hereby designated as the representative of MOAB CITY CORPORATION to secure the transfer to said Applicant of surplus Federal property through the UTAH STATE AGENCY FOR 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. VII. Certification Signature of Designated Sandra E. Beauregard/Acting Recorder I, THOMAS A . STOCKS , hereby certify that I am the MAYOR Name Title the MOAB CITY CnT1NrTc9i MOAB CITY CORP. and that the forgoing is (1) a true and correct copy of the resolution adopted by the vote of a majority of said board present at a duly - convened meeting of said board on the 9 t h of Apr i 1 , 19 9 6 at which a quorum was present, OR (2) and executive action take . mi. the -- day of 19 -- ANDRA E. BEAUREG4RD ACTING CITY RECORDER S'v--.lure of president/Chairman of the Board or Comparable Authorized Official THOMAS A. STOCKS, MAYOR of 6 USASP Form No.103 (Rev 12/94) AUTHORIZED AGENTS AND THEIR SIGNATURES Date: 4 — 0 9 — 9 6 The following persons, whose signatures appear below, are authorized to acquire surplus Federal personal property through the Federal Property Assistance Program for: Full Legal Name of Applicant or Donee: MOAB CITY CORPORATION * Printed Name & Signature 1.Print Name Sandra E. Beaurectard ltia- t . Signature 2. Print Name Alan R. West Signature 3. Print Name Brent J. Williams Signature 4. Print Name Larry S . Johnson Signature S.Print Name Jacob (Lynn) Zufelt Signature 6. Print Name /" C> Signature Donna J. Metzler / .0110" * Other agents . , „ ; at • y i r on ter on one-time basis by submitting a letter of authorization signed by the duly d 'gnated representative. Only the person designated by resolution on USASP Form No. 103 may authorize Donee agents. * * By including a separate mailing address for each signer you will insure that the authorized signer will receive property bulletins. The mailing address should be the address where the signer will most likely receive the bulletins. Home mailing addresses may be appropriate. Submitted By: /2M/v4L- C) Signature of Designated Repr�e Sandra E. Beauregard/Acting Recorder NOTE: Each authorized signer must read, sign and return the attached terms certification and agree to comply with it. Also, when you add NEWAUTHORIZED SIGNERS THEY MUST ALSO SIGNAND COMPLY with the attached certification. 1. ** Separate Mailing Address Work Phone Home Phone Fax 2. Work Phone Fguc Home Phone 3. Work Phone Fax Home Phone 4. Work Phone Home Phone Fax 5. Work Phone Home Phond Fax 6. Work Phone Home Phone Fax 7 USASP Form 104 (Rev 12/94) Signature 1-)THE DONEE CERTIFIES THAT: (1) 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 203(j) of The Federal Property and Administrative Services Act of 1949 as 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 under Title VI of the Civil Rights Act of 1964 Title VI Section 606, of the Federal Property and Administrative Services Act of 1949, as amended and 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. (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 in use, the donee shall immediately notify the state agency and, at the donee's 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 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 (B)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such a person as GSA 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 $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OFACQUISMON COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) 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 of property is placed in use except of such items of major equipment, listed hereon, on which the state agency 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 (B)(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 Utah and the donee shall release such property to such person as the agency shall direct. THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS AND RESTRICTIONS rom 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, trade, 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 of 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 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 receives the property through the period(s) of time the conditions imposed by (B) and (C) 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 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 pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDPTIONS 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 kind. (2) Where a donee carries 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 restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized 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 $500.00 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 authorized 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 CIPATION IN THIS TRANSACTION BY ANY FEDERAL DEPARTMENT OR AGENCY. ,WHERE THE PROSPECTIVE LOWER TIER PARTICIPANT IS UNABLE TO CERTIFYTO ANY OF THE STATEMENTS IN THIS CERTIFICATION, SUCH PROSPECTIVE PARTICIPANT SHALL ATTACH AN EXPLM)ATION TO THIS PROPOSAL ^ "� �'" `f^" 7„'' t A / ` Date 4-09-96 FEDERAL PROPERTY TERMS AND CONDITIONS /]VOTE: By signing this ! agree to with they and conditions as stated above. Sandra E. Beauregard/Acting Recorder REV 10110/93 TERMSCONKK ,- NATIONAL: ASSOCIATION OF STATE AGENCIES FOR SURPLUS PROPERTY - CODE OF E't731CS — We the members of this National Association of State Agencies for Surplus Property, do ordain and declare that this Code of Ethics is a hue expression of the desires, attitudes and objectives which govem the activities of all representatives of State Agencies for Surplus Property. We, the members of this association, further proclaim that we will give fust consideration to the expressed purposes of this associations constitution and the beliefs, purposes and principles of this Code of Ethics. BELIEFS Excess Federal property, before being declared surplus should be utilized to the fullest extent practical in these United States of America by the Federal Government. Once property has been declared surplus to the needs of the Federal Government, the highest and best secondary utilization is by public and private organizations of this nation that are dedicated to the education, training, health, civil protection, safety and other public benefits for our people. Only after these requirements have been satisfied, should surplus property be disposed of by other means. PURPOSES We dedicate ourselves to the purpose of accomplishing the will of Congress through fair, honest and unbiased execution of the duties and responsibilities entrusted to us. Fully recognizing the responsibility that is ours, we accept the call to duty with.a sense °fi innitity and with the firm resolvi-to-gize our best efforts at all times to those tasks that are inherent in the Surplus Property Utilization Program. "AK . PRINCIPAL Individually as members and collectively as an association, we subscribe unreservedly to the following principles to motivate and guide us in the proper conduct of the affairs of the Surplus Property Utilization Program; To be guided by honor, honesty and integrity in order that we may merit the respect and confidence of our associates and the public whom we serve. To hold as dishonest any personal gain or profit obtained through abuse of our public trust. To decline personal gifts or gratuities which might influence strict impartiality that must prevail in all business relations. To foster and promote fair, ethical and legal business practices; to measure each transaction on its own merit; and to grant all eligible organizations equal consideration. To conduct all public relations and business affairs without prejudice; and to disavow all political, religious or racial bigotry or bias. To be willing to submit any major controversies to arbitration. To respect the policies of our immediate supervisors, and to advise them on problems and progress of the program. To counsel and cooperate with our membership; to subscribe to the association's objectives; to respect State boundaries in the screening of property; and to promote a spirit of unity among member States. To promote the maximum utilization ofsurplus property through an educational program for all eligible organizations. To maintain minimum service charges by the elimination of all unnecessary practices and procedures that do not directly benefit those we serve. n,To accord prompt and courteous treatment to those transactions legitimate business missions. To recognize and appreciate the total problem of surplus property disposal; and for this purpose to cooperate with Federal holding, custodial and disposal agencies. To maintain professional attitudes at all levels of State Agency service. 2 ASSOCIATE MEMBERSHIP IN NASASP The National Association of State Agencies for Surplus Property (NASASP) is a National Organization that allows all states to lobby the Federal Government and the United States Congress for better or at least consistent treatment regarding the acquisition and disposition of Federal surplus supplies and equipment within each state. Collectively, the NASASP has an influence in policy and Legislation regarding the Federal Property Program that is vital to each of your organizations as it provides a tremendous savings of tax dollars. The Federal Donation program, as it currently stands, is at risk of further erosion, cutbacks and reductions. With re -invention of Government proposals and widespread Federal cutbacks, the supply of Federal property available to state and local governments may decrease. Many special interest groups are attempting to acquire surplus property ahead of the States. Federal surplus you may desperately need is currently being sent to a foreign government ahead of your needs. The NASASP firmly supports eliminating the errosion of the program by drafting and supporting legislation that would return to the single agency concept. The single agency concept supports the original intent of congress that Federal surplus supplies and equipment be acquired and distributed by one agency in each state, "The State Agency for Surplus Property". Therefore the Utah State Agency for Surplus Property and NASASP desperately needs each eligible agency's help in battling these inequitable practices and possible changes. You can best help by becoming an Associate Member of NASASP which can be effected by including a $25.00 check with you application made payable to the National Association of State Agencies for Surplus Property (NASASP). The money will be sent to the NASASP treasurer and will be used by the association to battle regression and inequities and to seek improvement in the program. Also, as an associate member, you will receive the National Newsletter regarding national issues quarterly. You would also have the opportunity of attending national conferences and have input on these matters as an associate member. Again, there are many critical issues in the near future that may adversely affect your ability to acquire and utilize Federal surplus. Associate membership in the NASASP will return as a benefit to you in the continued fight for improvements and against adverse influences in the program. On occasion, professional lobbying companies are retained to effect positive changes and protect the interest of the states. Please seriously consider becoming an associate member of NASASP by including $25.00 with your application. Thank you. mcerely yours, \5j)--(2t-' ichael J. Seely (i)-- anager, USASP USASP MS (Rev 12/94) 3