HomeMy Public PortalAbout2018.04.12 Bureau of Federal Surplus Property Authorized Representatives Nondescrimination Assurances State of Idaho
BUREAU OF FEDERAL SURPLUS PROPERTY
PO Box 83720
Boise ID 83720-0086
AUTHORIZED REPRESENTATIVES
I. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION:
City of McCall
Name of Organization
216 East Park Street McCall,Idaho 83638
Mailing Address(PO Box#,Street,City&State) Zip Code
Street Address/Location(If different from mailing address)
Valley 1208)634-7142 (208)634-3038
County Telephone# Fax#
II. THE FOLLOWING REPRESENTATIVES ARE DESIGNATED TO:
A. Represent Donee Organization as its authorized agent;and
B. Acquire Federal surplus property on behalf of the Donee Organization; and
C. Obligate necessary Donee Organization funds for this purpose; and
D. Execute Distribution Documents binding the Donee Organization to the terms,conditions,
reservations,and restrictions applying to Property obtained through its agency.
III. x NEW DESIGNATIONS ADDITIONAL DESIGNATIONS ONLY
(Delete all previous authorizations) (Add to previous authorizations)
IV. REPRESENTATIVES:
Print Name Title Signature
Anette Spickard CityManager /�
, ��aA
Kurt Wolf Parks and Recreation Director 777-- A
Nathan Stewart Public Works Director
Jay Scherer Airport Manager •
Eric McCormick Golf Course Superintendent • C L
Justin Williams Chief of Police
V. CERTIFICATION
lb
Date Siggture of uthorized Official
Jackie J. Aymon,Mayor
Title
STATE OF IDAHO
BUREAU OF FEDERAL SURPLUS PROPERTY
PO BOX 83720
BOISE ID 83720-0086
NONDISCRIMINATION ASSURANCE
LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION:
City of McCall
Name of Organization
216 East Park St McCall,Idaho 83638
Mailing Address(PO Box#,Street,City&State)
Street Address/Location(If different from mailing address)
Valley (208)634-7142
County Telephone#
City of McCall the donee
Name of Organization
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 service
Administration (41 C.F.R. 101-6.2 and 101-8) issued under the provisions of Title VI of the Civil Rights Act of
1964, as amended, 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, section 303 of the Age Discrimination Act of 1975, and the Civil Rights Restoration Act of
1987,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 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 (1)that this agreement shall be subject in all respects to the provisions of said Federal
statutes and regulations (2)that this agreement obligates the donee for the period during which it retains
ownership or possession of the property. (3)that the United States shall have the right to seek judicial
enforcement of this agreement, and(4)that 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.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY
EXCLUSION FOR LOWER TIER COVERED TRANSACTIONS
The Applicant Organization certifies, by submission of this application,that neither it nor its
x principals is presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in this transaction by any Federal department agency.
The Applicant Organization is unable to certify any of the statements in this certification and
shall attach an explanation to this- osal.
(D.te) /(Signatuke dfAutWrized Official)
RETURN POLICY
PROPERTY ACQUIRED THROUGH THIS PROGRAM IS DONATED ON AN "AS IS-
WHERE IS" BASIS, WITH NO WARRANTY OR GUARANTEE OF ANY KIND.
Regulations require that property be put into use within one year and utilized for a MINIMUM
of one year. We realize that there can be extenuating circumstances, and have established a
return policy as follows:
IF RETURNED TO OUR AGENCY WITHIN 30 DAYS OF THE DATE ON THE
WAREHOUSE ISSUE SHEET(INVOICE), FULL CREDIT WILL BE EXTENDED
WITH ANY COSTS INVOLVED IN RETURNING THE PROPERTY TO OUR
WAREHOUSE TO BE THE RESPONSIBILITY OF THE DONEE.
IF RETURNED BETWEEN 30 AND 60 DAYS, 50% CREDIT WILL BE EXTENDED.
AGAIN,ANY COSTS INVOLVED IN RETURNING THE PROPERTY WILL BE
THE RESPONSIBILITY OF THE DONEE.
SERVICE AND HANDLING FEES ON DIRECT TRANSFERS ARE NOT
REFUNDABLE.
IDAHO FEDERAL SURPLUS WILL ACCEPT PROPERTY AFTER THE 60 DAY
PERIOR IF FOR ANY REASON THE DONEE IS UNABLE TO COMPLY WITH THE
REGULATIONS GOVERNING UTILIZATION. BUT NO CREDIT WILL BE
ALLOWED AND THE RESPONSIBILITY FOR TRANSPORTATION TO THE
WAREHOUSE RESTS WITH THE DONEE.
ANY CREDIT ALLOWED UNDER THE TERMS EXPLAINED ABOVE
APPLIES ONLY TO THE SERVICE AND HANDLING CHARGES ASSESSED
TO THE PROPERTY AND NOT TO ANY FREIGHT OR DELIVERY
CHARGES.
EACH RETURN REQUIRES PRIOR APPROVAL AND ALL PROPERTY
RETURNED WILL BE SUBJECT TO INSPECTION BY THE WAREHOUSE STAFF
PRIOR TO ISSUANCE OF ANY CREDIT.
THERE WILL BE NO CASH RETURNS. ALL RETURNS WILL BE CREDITED TO THE
ACCOUNT OF THE DONEE ORGANIZATION. THIS RETURN POLICY WILL BE
EFFECTIVE JULY 1, 1991. IF YOU HAVE ANY QUESTIONS CONCERNING THIS
POLICY, THEY SHOULD BE DIRECTED TO THE BUSINESS MANAGER AT 334-3477.
I certify that all authorized representatives of this organization have read, understand, and agree
to the RETURN POLICY as stated above. _)
6/7/
date signature autho • ed official
✓y
City of McCall
organization
TERMS AND CONDITIONS
A. THE DONEE CERTIFIES THAT: 2. There shall be a period of restriction which E. THE DONEE AGEES TO THE
1. It is a public agency; or a nonprofit will expire after such property has been used for FOLLOWING CONDITIONS,APPLICABLE
educational or public health institution or the purpose(s)for which acquired for a period of TO ALL ITEMS OF PROPERTY LISTED
organization,exempt from taxation under section 18 months from the date the property is placed in HEREON:
501 of the Internal Revenue Code of 1954;within use, except for such items of major equipment, 1. The property acquired by the donee is on an
the meaning of section 203(j) of the Federal listed hereon,which the State agency designates a "as is","whereis"basis,without warranty of any
Property and Administrative Services Act of further period of restriction. kind.
1949, as amended, and regulations of the 3. In the event the property is not so used as 2. Where a donee carries insurance against
Administrator of General Services. required by Cl and 2 and Federal restrictions B1 damages to or loss of property due to fire or other
2. If a public agency,the property is needed and and 2 have expired then title and right to the hazards and where loss of or damage to donated
will be used by the recipient for carrying out or possession of such property shall at the option of property with unexpired terms, conditions,
promoting for the residents of a given political the State agency revert to the State of Idaho and reservations or restrictions, occurs, the State
area one or more public purposes, or, if a the donee shall release such property to such agency will be entitle to reimbursement from the
nonprofit tax-exempt institution or organization, person as the State agency shall direct. donee out of the insurance proceeds, of an
the property is needed for and will be used by the D. THE DONEE AGREES TO THE amount equal to the unamortized portion of the
recipient for educational or public health FOLLOWING TERMS, RESERVATIONS fair value of the damaged or destroyed donated
purposes, and including research for such AND RESTRICTIONS: items.
purpose. The property is not being acquired for 1. From the date it receives the property listed F. TERMS AND CONDITIONS
any other use or purpose, for sale or other hereon and through the period(s) of time the APPLICABLE TO THE DONATION OF
distribution; or for permanent use outside the conditions imposed by B and C above remain in AIRCRAFT AND VESSEL (50 FEET OR
State, except with prior approval of the State effect the donee shall not sell,trade, lease,lend, MORE IN LENGTH) HAVING AN
agency. bail,cannibalize,encumber,or otherwise dispose ACQUISITION COST OF$5,000 OR MORE, •
3. Funds are available to pay all costs and of such property or remove it permanently, for REGARDLESS OF THE PURPOSE FOR
charges incident to donation. use outside the State, without prior approval of WHICH ACQUIRED:
4. This transaction shall be subject to the GSA under B or the State agency under C. The The donation shall be subject to the terms and
nondiscrimination regulations goveming the proceeds from any sale, trade, lease, loan, conditions,reservations,and restrictions set forth
donation of surplus personal property issued bailment, encumbrance or other disposal of the in the Conditional Transfer Document executed
under Title VI of the Civil Rights Act of 1964 property,when such action is authorized by GSA by the authorized donee representative.
and Title VI Section 606 of the Federal Property or by the State agency,shall be remitted promptly G. THE DONEE AGREES TO THE
and Administrative Services Act of 1949, as by the donee to GSA or the State agency,as the FOLLOWING TERMS AND CONDITIONS
amended, and Section 504 of the Rehabilitation case may be. IMPOSED BY THE STATE AGENCY
Act of 1973,as amended. 2. In the event any of the property listed hereon APPLICABLE TO ITEMS WITH A UNIT •
B. THE DONEE AGREES TO THE is sold, traded, leased, loaned, bailed, ACQUISITION COST OF UNDER$5,000:
FOLLOWING FEDERAL CONDITIONS: cannibalized,encumbered,or otherwise disposed There shall be a period of restriction on all motor
1. All items of property shall be placed in use for of by the donee from the date it received the vehicles,requiring registration for license,which
the purposes for which acquired within one year property through the period(s) of time the shall expire after such property has been used for
of receipt and shall be continued in use for such conditions imposed by B and C remain in effect, the purpose(s)for which acquired for a period of
purposes for one year from the date the property without the prior approval of GSA or the State 18 months from the date the property was placed
was placed in use. In the event the property is not agency the dohee, at the option of GSA or the in use.
so placed in use,or continued in use,the donee State agency shall pay to GSA or the State
shall immediately notify the State agency,and at agency, as the case may be,the proceeds of the I certify that all authorized representatives of this
the donee's expense, return such property to the disposal or for the fair market value or the fair organization have read, understand and agree to
State agency, or otherwise make the property rental value of the property at the time of such the TERMS AND CONDITIONS as stated
available for transfer or other disposal by the disposal as determined by GSA or the State above.
State agency,provided the property is still usable agency. /�
by the State agency. 3. If at any time, from the date it receives the I( r h
2. Such special handling or use limitations as are property through the period(s) of time the Dal:
imposed by General Services Administration conditions imposed by B and C remain in effect,
(GSA)on any item(s)of property listed heron. any of the property listed hereon is no longer i
3. In the event the property is not so used or suitable,usable,or further needed by the donee *-, `die
handled as required by B1 and 2,title and right to shall promptly notify the State agency,and shall,
the possession of such property shall at the option as directed by the State agency, return the Signa tof. thorized
of GSA revert to the United States of America property to the State agency,release the property / 0 ial
and upon demand the donee shall release such to another donee or another State agency, a
property to such persons as GSA or its designee department or agency of the United States,sell or
shall direct. otherwise dispose of the property. The proceeds City of McCall
C. THE DONEE AGREES TO THE from any sale shall be remitted promptly by the
FOLLOWING CONDITIONS IMPOSED BY donee to the State agency. Organization
THE STATE AGENCY, APPLICABLE TO 4. The donee shall make reports to the State
ITEMS WITH A UNIT ACQUISITION COST agency on the use,condition and location of the
OF $5,000 OR MORE AND PASSENGER property listed hereon and on other pertinent
MOTOR VEHICLES, REGARDLESS OF matters as may be required from time to time by
ACQUISITION COST, EXCEPT VESSELS the State agency.
50 FEET OR MORE IN LENGTH AND 5. At the option of the State agency,the donee
AIRCRAFT: may abrogate the conditions set forth in C and the
1. The property shall be used only for the terms, reservations and restrictions pertinent
purpose(s) for which acquired and for no other thereto in D by payment of an amount as
purpose(s). determined by the State agency.
PAYMENT TERMS AND CONDITIONS
STATE AND FEDERAL REGULATIONS: Acceptance of Federal Surplus equipment
and supplies by users who have established eligibility to participate in the IDAHO
FEDERAL SURPLUS PROGRAM is subject to certifications and agreements identified
on the back side of the standard invoice.
1. Federal equipment and supplies are restricted to institutional use only, not
personal use, and are to be placed in service within one year from the date the
property was invoiced and used for a minimum of one year.
2. All vehicles and items with an acquisition cost of$5,000.00 or more shall be used
for the purpose(s) for which acquired within one year from the date the property
was invoiced and used for a minimum of 18 months thereafter.
3. During the restriction period, the property shall not be sold,traded, leased, lent,
bailed, cannibalized, or otherwise disposed of or removed from the State of Idaho
without the express written approval of the Idaho State Agency for Federal
Surplus Property. The recipients of federal property are urged to contact the State
Agency prior to taking any action which may be interpreted as modifying any of
the certifications and agreements stated on the back side of the invoice.
TERMS: NET 30 DAYS TO ALL DONEES. Payment must be by check issued by the
eligible donee organization. No personal checks, cashier's checks, money orders or cash
transactions are permitted.
SHIPPING: Shipping may be arranged by bureau truck, common carrier, UPS or Parcel
Post. Delivery charges via parcel post, and UPS will be added to the invoice. Common
carrier shipments will be sent freight collect.
9/67
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477v7JN--,
Signatur?'1011A orized Official
City of McCall
Organization
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STATE OF IDAHO
BUREAU OF FEDERAL SURPLUS PROPERTY
PLEASE RETURN THE DOCUMENTS THAT ARE CHECKED IN RED
Authorized Representatives form (must include street address, federal tax ID # and fax
phone# , if available). Signatures required for all names.
Non-discrimination Assurance form.
Return Policy.
Terms and Conditions.
Payment Policy
Written description of program(s), activities, and services provided.
Copy of latest appropriation report or a copy of the document showing appropriation
allotted to donee by assessor.
Copy of latest combined balance sheet (a copy of the pages from your last audit)
REQUIRED
Evidence donee is exempt under Section 501 of IRS Code of 1954 (e.g., copy of IRS
determination letter. The name of the organization must match the IRS letter. If not,
include sufficient evidence , such as amendments to Articles of Incorporation, to
establish an "audit trail" showing legal connection).
Copy of license, accreditation, or approval; also must show by what authority. (Should
include expiration date).
If organization name has changed, provide copy of documents showing that change.
Include sufficient evidence, such as amendments to Articles of Incorporation, to establish
an "audit trail" showing legal connection.
Providers of assistance to homeless individuals must provide a letter from the mayor, county
judge, city or county health officer or comparable authority that certifies that applicant is a
"provider of assistance to the homeless." The certification must identify the service or
assistance being provided and the number of individuals receiving assistance.
Questions?? Call 208-334-3477.
missing.doc
ANSWERS TO FREQUENTLY ASKED QUESTIONS
ABOUT THE DONATION PROGRAM
What is surplus property? —It's property belonging to the federal government which has gone
through the federal agency screening cycle and is excess to all federal needs. Idaho statutes
authorize the state agency to receive, warehouse, and distribute surplus property in accordance
with federal laws and regulations.
What are the basic eligibility requirements? — Evidence that the organization: (1) meets a
federal definition of a particular type eligible institution; (2) meets civil rights compliance
requirements; (3) is tax supported or nonprofit and tax exempt under IRS 501; and (4) is
approved by a State governing board or accredited by a recognized accrediting council.
How does the State acquire surplus property? —The General Services Administration (GSA),
through its regional allocating offices, receives Idaho's requests or applications, along with those
of other states, and allocates the property according to needs, resources, ability to utilize and
other factors which include entitlement formulas based on Idaho's population and per capita
income. Once property is allocated, Idaho is responsible for transporting, warehousing and
distributions.
What is meant by "screening" property? — Screening is a method used to determine if a need
exists for the available property. It normally is accompanied by visual inspection of the item,
referencing the item by stock number, or determining by experience or expertise that the item
would be of use to an eligible recipient in Idaho.
What is the property condition? — Property is received in both new and used condition.
Normally, there is utility in all items. The quality varies but repairs or modifications are often
necessary.
Are there charges for the property? — Yes. Service and handling charges are placed on all
property which is distributed by this agency. The fees are based on total expenses in acquiring,
transporting, warehousing and transferring the property, but are equalized by fair value and other
contributing factors.
How are the service and handling charges collected? —All property is transferred on an open
account basis. They may be paid either by invoice or by the agency's end of the month
statement. The agency is NOT authorized to accept personal checks, money orders, or cash. All
checks in payment of service and handling charges must be drawn on the eligible donee
institution, or public agency, made payable to the Idaho Federal Surplus Property program, and
sent to the agency in Boise.
May adjustments be made on assessed handling charges? — In certain cases. All property is
transferred to the donee on an "AS IS WHERE IS" basis WITHOUT warranty of any kind.
Some credit adjustments may be approved on property returned within 30 days of issue. Such
credit will be approved only on a case-by-case situation. Property transferred directly from a
federal installation is NOT RETURNABLE. Property returned for credit must be returned to
our Boise warehouse at the donee's expense.
What happens to the collected service and handling charges? —The receipts are used ONLY
for the agency operation. The Idaho Federal Surplus Property Agency is a self supporting
agency which does not receive any tax funding.
Does the agency distribute a catalog? — No. It's not practical for the agency to distribute a
catalog because of the tremendous volume of property handled. The agency does list SOME of
the available items on a bulletin which is distributed on at least a quarterly basis.
Does the agency repair or renovate property? - Yes, on a limited scale. As an example,
Idaho Federal Surplus Property performs repairs on some vehicles and equipment prior to
offering them for donation.
What is the best method of program utilization? — By far, the most efficient use of the
program is through the use of the WANT LIST. Donees make their needs known to the Federal
Surplus Agency via a "want list request". All want list requests are categorized and organized
into format which allows screeners to search for that property which will fill the needs of our
donees. When such property is found, the donee is notified that the property is available.
Another way to utilize the program is to make frequent, regular visits to our warehouse. There
are THOUSANDS of items on display, ready for immediate transfer and new items arrive
almost daily.
How many times may a donee visit the warehouse? — There are no limits on visits. The
agency warehouse is open from 8:00 A.M. to 12 noon and from 1:00 P.M. to 5:00 P.M., Monday
through Friday. No appointments are necessary. The agency is closed on all legal holidays.
How does the agency distribute hard to find/high demand items? — Any donee desiring one
or more of these items must send such a request along with a letter of justification explaining the
severity of need, and the proposed usage of the item. Such items are allocated to the donee
which shows the greatest need and best utilization potential. Every effort is made to promote fair
and equitable property distribution.
May an individual purchase or use surplus property?—NO!
Federal and state law prohibits such action.
Are there restrictions on the use of surplus property? —Yes. Certification forms, distribution
documents and the invoice signed upon receipt of property, outline these restrictions. The donee
should be familiar with all restrictions which include, in part, that all property must be needed
and placed in eligible use within 12 months and kept in eligible use for an additional 12 months.
SPECIAL RESTRICTIONS APPLY on all real property, aircraft, large boats, passenger motor
vehicles, special use items, and items having a unit acquisition cost of$5,000 or more.
Does the Idaho agency enforce compliance restrictions? — Yes. The Idaho Federal Surplus
Property agency is authorized by federal law to conduct field utilization checks or compliance
checks via mail. Any violations must be corrected or the Federal Government is notified.
DEFINITIONS
Approved—Recognition and approval by the State department of education, State
department of health, or other appropriate authority where no recognized accrediting
board, association, or other authority exists for the purpose of making an accreditation.
For an educational institution or educational program, approval must relate to academic
or instructional standards established by the appropriate authority. An educational
institution or program may be considered approved if its instruction and credits therefore
are accepted by three accredited or State-approved institutions, or if it meets the academic
or instructional standards prescribed for public schools in the State; i.e.,the
organizational entity or program is devoted primarily to approved academic, vocational
(including technical or occupational), or professional study and instruction, which
operates primarily for educational purposes on a full-time basis for a minimum school
year as prescribed by the State and employs a full-time staff of qualified instructors. For
a•public health institution or program, approval must relate to the medical requirements
and standards for the professional and technical services of the institution established by
the appropriate authority. A health institution or program may be considered as approved
when a State body having authority under law to establish standards and requirements for
public health institutions renders approval thereto whether by accreditation procedures or
by licensing or such other method prescribed by State law. In the absence of an official
State approving authority for public health institution or program or educational
institution or program,the awarding of research grants to the institution or organization
by a recognized authority such as the National Institutes of Health, the National Institute
of Education, or by similar national advisory council or organization may constitute
approval of the institution or program provided all other criteria are met.
Accredited—Approved by a recognized accrediting board or association, at a regional,
State or national level such as a 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.
Adult Day Care—A program of services provided under health leadership in an
ambulatory care setting for adults who do not require 24 hour institutional care and yet,
due to physical and/or mental impairment, are not capable of full-time independent
living. Participants in the day care programs are referred to the program by their
attending physician or by some other appropriate source such as an institutional discharge
planning program, a welfare agency, etc. The essential elements of a day care program
are directed toward meeting the health maintenance and restorative needs of participants.
However,there are socialization elements in the program which, by overcoming the
isolation so often associated with illness in the aged and disabled, are considered vital for
the purpose of fostering and maintaining the maximum possible state of health and well-
being.
Child Care Center—A public or nonprofit facility where educational, social, health, and
nutritional services are provided to children through age 14 or as prescribed by State
Law, and which is approved or licensed by the State or other appropriate authority as a
child day care center or child care center.
Clinic—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 laboratories and treatment rooms.
College—An approved or accredited public or nonprofit institution of higher learning
offering organized study courses and credits leading to a baccalaureate or higher degree.
Economic Development—A program(s) carried out or promoted by a public agency for
public purposes which involves, directly or indirectly, efforts to improve the
opportunities of a given political area for the successful establishment or expansion of
industrial, commercial, or agricultural plants or facilities and which otherwise assists in
the creation of long term employment opportunities in the area or primarily benefits the
unemployed or those with low incomes. For public agency use may not act as a conduit
for the transfer of property.
Educational Institution—An approved, accredited, or licensed public or nonprofit
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 retarded, school for the physically handicapped, or an educational
radio or television station.
Educational Radio Station—A radio station licensed by the Federal Communications
Commission and operated exclusively for noncommercial educational purposes and
which is public or nonprofit and tax-exempt under section 501 of the Internal Revenue
Code of 1954.
Educational Television Station—A television station licensed by the Federal
Communications Commission and operated exclusively for noncommercial educational
purposes and which is public or nonprofit and tax-exempt under section 501 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 and
laboratory facilities and clinics.
Homeless Individual—An individual who lacks a fixed, regular and adequate nighttime
residence or who has a primary nighttime residence that is: (1) a supervised publicly or
privately operated shelter designed to provide temporary living accommodations
(including welfare hotels, congregate shelters, and transitional housing for the mentally
ill); (2) an institution that provides a temporary residence for individuals intended to be
institutionalized; or(3) a public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. For purposes of this regulation,the
term does not include any individual imprisoned or otherwise detained pursuant to an Act
of the Congress or a State Law.
DEFINITIONS
Hospital -An approved or accredited public or nonprofit institution providing public
health services primarily for inpatient medical or surgical care of the sick and injured,
including related facilities such as laboratories, outpatient department, training facilities,
and staff offices.
Library—A Public or nonprofit facility providing library services free to all residents of
a community, district, State or region.
Licensed—Recognition and approval by the appropriate State or local authority
approving institutions or programs in specialized areas. Licensing generally relates to
established minimum public standards of safety, sanitation, staffing, and equipment as
they related to the construction, maintenance, and operation of a health or educational
facility, rather than to the academic, instructional, or educational or public health
programs such as occupational training,physical or mental health rehabilitation services,
or nursing care. Licenses frequently must be renewed at periodic intervals.
Local Government—A government or administration of a locality, within a State or a
possession of the United States.
Medical Institution—An approved, accredited, or licensed public or nonprofit
institution, facility, entity, or organization the primary function of which is the furnishing
of public health and medical services to the public at large or promoting public health
through the conduct or research for any such purposes, experiments,training, or
demonstrations related to cause,prevention, and methods of diagnosis and treatment of
diseases and injuries. The term includes but is not limited to hospitals, clinics, alcoholic
and drug abuse treatment centers, public health or treatment centers, research and health
centers, geriatric centers, laboratories, medical schools, dental schools, nursing schools,
and similar institutions. The term does not include institutions 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 private nonprofit institution which is organized on a permanent
basis essentially for educational or esthetic purposes and which, using a professional
staff, owns or uses tangible objects, whether animate or inanimate; cares for these
objects; and exhibits them to the public on a regular basis either free or at a nominal
charge. As used in the Donation Program, the term"museum" includes, but is not limited
to,the following institutions if they satisfy all other provisions of FPHR 101-44.207:
aquariums and zoological park; botanical gardens and arboretums; museums relating to
art, history, natural history, science, and technology; and planetariums. For the purposes
of this program, an institution uses a professional staff if it employs full time at least one
qualified staff member who devotes his or her time primarily to the acquisition, care, or
public exhibition of objects owned or used by the institution. This definition of museum
does not include any institution which exhibits objects to the public if they display or use
of the objects is only incidental to the primary function of the institution. For example,
an institution which is engaged primarily in the sale of antiques, objects d'art, or other
artifacts and which incidentally provides displays to the public of animate or inanimate
object, either free or at a nominal charge, does not qualify as a museum.
Nonprofit Tax-Exempt Activity—An institution or organization, no part of the net
earnings of which inures or may lawfully insure 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.
Program for Older Individuals—Any State or local government agency or any
nonprofit,tax-exempt activity which receives funds appropriated for programs for older
individuals under the Older Americans Act of 1965 as amended under title IV or title XX
of the Social Security Act, or under titles VIII and X of the Economic Opportunity Act of
1964 and the Community Services Block Grant Act.
Provider of Assistance to Homeless Individuals—A public or a nonprofit,tax-exempt
institution or organization that operates a program which provides assistance such as
food, shelter, or other services to homeless individuals, as defined above. Property
acquired through the donation program by such institutions or organizations must be used
exclusively in their program(s) for providing assistance to homeless individuals.
Public Health Institution—An approved, accredited, or licensed public or nonprofit
institution, facility, entity, or organization conducting a public health program or program
such as hospital, clinic, health center, or medical institution, including research for any
such program,the services of which are available to the public at large.
School (except schools for the mentally retarded and schools for the physically
handicapped)—A public or nonprofit approved or accredited organizational entity
devoted primarily to approved academic, vocational, or professional study and instruction
which operates primarily for educational purposes on a full-time basis for minimum
school year and employs a full-time staff of qualified instructors.
School for the Mentally Retarded—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-time basis for the equivalent of a minimum school
year prescribed for public school instruction of the mentally retarded, have staff of
qualified instructors, and demonstrate that the facility meets the health and safety
standards of the State or local governmental body.
School for the Physically Handicapped—A school organized primarily to provide
specialized instruction to students whose physical handicaps necessitate individuals or
group instruction. The schools must be public or nonprofit and operate on a full-time
basis for the equivalent of a minimum school year prescribed for public school
instruction for the physically handicapped, have a staff of qualified instructors, and
demonstrate that the facility meets the health and safety standards of the State or local
governmental body.
University—A public or nonprofit approved or accredited institution for instruction and
study in the higher branches of learning and empowered to confer degrees in special
departments or colleges.