HomeMy WebLinkAbout2009/02/10 Item 2CITY COUNCIL
AGENDA STATEMENT
~~~~~ CITY OF
CHULAVISTA
February 10, 2009 Item 2
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY TO
PARTICIPATE IN THE STATE AND FEDERAL
SURPLUS PERSONAL PROPERTY PROGRAM
SUBMITTED BY: FIRE CHIEF
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES NO X
SUMMARY
The City has been notified that its approval to participate in the State and Federal Surplus
Personal Property Program has expired. This program allows the City to obtain State and
Federal surplus property that is in usable condition at a reduced cost. Staff is recommending the
adoption of the resolution that will renew the City's eligibility for participation in the State and
Federal Surplus Personal Property Program.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act [CEQA] and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it does not
involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the
State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION
Not Applicable.
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February 10, 2009 Item
Page 2
business and operational needs. As a public agency that carves out or promotes for the residents
of a given political azea one or more public purposes that includes: conservation, economic
development, education, pazks and recreation, public health and public safety, the City of Chula
Vista is eligible to participate in this program. Under this program the City may generate
budgetary savings by obtaining State and Federal surplus property that is in usable condition at a
reduced cost. Items that can be obtained under this program include but are not limited to:
vehicles, office equipment, tools, machinery and replacement parts. If approved, the City will be
eligible to participate in this program for three yeazs upon acceptance of application.
PROGRAM COSTS/IMPLEMENTATION
The City will be designated as a "Donee" upon acceptance into the State and Federal Surplus
Personal Property Program. The program assesses the Donee a service and handling chazge for
each item of federal surplus personal property that the Donee picks up. The service and handling
chazge may be five percent or more of the original acquisition cost or fair mazket value of the
item, or $100, whichever is greater. When the Donee has picked up several items and the
Program Office bills the Donee for all of the items on a single billing document, the service and
handling chazge may be less than five percent or more for each item; but in all cases, the total
service and handling chazge fot the single billing document will be at least $100. In addition, the
Donee must be able to pick up federal surplus personal property directly from where the property
is located or must have the resources to arrange for the item to be picked up.
In an effort to increase the potential benefits and availability of this program on a citywide basis,
the following positions will be designated as authorized City representatives for this program:
• 1 Fire Captain (Fire Dept.)
• 1 Fire Engineer (Fire Dept.)
• 1 Procurement Specialist (Finance Dept.)
• 1 Administrative Services Manager (Public Works Dept.)
• 1 Equipment Manager (Public Works Dept.)
These individuals will be authorized to transact on behalf of the City the acquisition of
equipment and goods from the State and Federal Surplus Personal Property Program with the
appropriate department head approval.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
There is no fiscal impact for adopting this resolution. Resolution authorizes the City to renew its
eligibility to participate in the State and Federal Surplus Personal Property Program. All costs
associated with participation in this program will be paid with current budgeted funds.
ATTACHMENTS:
Certificazion Document
Terms and Conditions
Renewal Application
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~/~
Bart C. Miesfeld
City Attorney
Dated: ?~ ~ o Y
Eligibility Renewal Application
State & Federal Surplus Property Program
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
This certification is required by the General Services Administration regulations implementing Executive Order
12549-41 CFR 105-68 - for all lower tier transactions meeting the requirements stated at 41 CFR 105-68.110.
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower
tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government,
the department of agency with which this vansaction originated
may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate
written notice to the person to whom this proposal is submitted if
at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension. Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitation for lower tier covered transactions.
7. A participant in a covered transaction my rely upon a
certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debannznt under
CFR part 9, subpart 9.4, debarred, suspended. in eligible, ur
voluntarily excluded from covered transactions, unless it
knows that the ctrtiftca[ion is erroneous. A participant may
decide the method and frequzncy by which it determines the
eligibility of its principals. Each participant may, but is nut
required to, check the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs.
4. The terms "covered Vansaction," "debarred," suspended,"
ineligible," "lower tier covered trnnsaction," "participant,"
"person," "primary covered transaction," "principal,' "proposal,"
and "voluntazily excluded," as used in this clause, have the
meanings set out in [he Definitions and Coverage section of rule
implementing Executive Order 12549. You may contact the
person [o which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, declared ineligible,
or voluntazily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
Certification
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clausz. The
knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is proposed for debarment under 4R CFR part 9.
subpart 9.4, suspended, debarred, ineligiblz, or culuntarilc
excluded from participation in this transaction. in addition ro
other remedies available to the Federal Go~ernmznt, the
department or agency with which [his transaction originated
may pursue available remedies, including suspension and/or
debarment.
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) 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.
NAME OF DONEE APPLICANT
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
TERMS AND CONDITIONS
A. THE DONEE CERTIFIES THAT:
(1) It is a public agency; or an approved nonprofit organization, ezempt from taxation under Section 50( 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.
(2) The property is needed and will be used by the recipient for carrying out for the residents of a given political area one or more public
purposes, or, if an approved nonprofit tax-exempt organization or 8(a) business, the property is needed far and will be used by the
recipient for educational or public health purposes, or for programs for older individuals, or for business purposes. The property is not
acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval
ottee State Agency for Surplus Property, hereafter referred to "the SASP".
(3) Funds are available to pay any and all costs and charges incidental to the receipt of surplus property, that the property is not being
acquired (or any other use(s) or purpose(s), is not for sale. Fee schedule is available upon request from the California SASP.
(4) Any transaction shall be subject to the nondiscrimination regulations governing the donation of federal surplus personal property issued
under Title VI of the Civil Rights Act of 1964, (41 USC 2000d-2000d-4a), as amended; Section 504 of the Rehabilitation Act of 1973 (29
USC 794), as amended; Title IX of the Education Amendments of 1972 (20 U.S.C. 1657-1688), as amended; and Section 303 of the Age
Discrimination Act of 1975 (42 USC 6101-6107).
(5) If [he Donee is designated by the Federal Small Business Administration Sa Program as a socially and economically disadvantaged small
business and [he SASP has determined the Donee is eligible to receive federal surplus personal property as a donation, the Donee certifies
that the property acquired is needed and will be used solely for the conduct of the Donee's business enterprise; and the Donee certifies to
A. (3), A. (4), and A. (5) above.
B. The Donee agrees to the following federal conditions:
(1) All items of property, other than items with a unit acquisition cost of $5,000 or more and passenger motor vehicles, regardless of
acquisition cost, shall be placed in use Cor the purpose(s) for which acquired within one year of receipt, and shall be placed in continuous
use for one year from the date the property was placed in use. In the event the Donee does not so place the property in use, or in
continuous use, the Donee shall immediately notify the SASP and, at the Donee's expense, make the property available for transfer or
other disposal as directed by the SASP.
(2) Special handling or use limitations as are imposed by the Federal General Services Administration (GSA) on any item(s) of property under which the
item(s) are being allocated to the Donee.
(3) In the event the Donee does not so use the property as required by C. (1) and C. (2), above, at the option of the GSA title and right to the
possession of such property shall revert to the United States of America and, upon demand, the Donee shall release such property [o such
person as the GSA or its designee shall direct.
C. The Donee agrees to the following conditions applicable to items with a unit acquisition cost of $5,000 or more and passenger motor rehicles,
except vessels of 50 feet or more in length and aircraft, regardless of acquisition cost:
(1) The property shall be placed in use within one year of receipt and 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 fur 18
months from the date the property is placed in use, except for such item(s) of major equipment for which the SASP designates a further
period of restriction.
(3) In the event the property is not so used as required by C. (1) and C. (2), above, at the option of the SASP title and right to the possession of
such property shall revert to the State of California, and the Donee shall release such property to such person, as [he SASP shall direct.
D. The Donee agrees to the following terms, reservations and restrictions:
(1) From the date the Donee receives the property and throughout the time period(s) imposed by B. or C. above (as applicable) 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 Stale of California without the prior approval of the GSA or the SASP. The proceeds from any sale,
trade, lease, loan, bailment, encumbrance, or other disposal of the property, when the GSA or the SASP authorizes such action, shall be
remitted promptly by the Donee to the GSA or the SASP, as applicable. [f a Donee takes action in ignoring or disregarding the foregoing
restrictions after the date the Donee receives the property and before expiration of the time periods imposed by C. or D. as applicable at
the option of the GSA or the SASP, the Donee shall pay [o the GSA or the SASP any proceeds derived from the disposal, and/or the fair
market or Lair rental value of the property at the time of such unauthorized disposal as determined by the GSA or the SASP as applicable.
(2) If at any time from the date the Donee receives the property and throughout the time periods imposed by B. or C. above (as applicable) the
Donee determines that some or all of the property is no longer suitable, usable, or further needed for the purpose(s) for which it was
acquired, the Donee shall promptly notify the SASP and shall, as directed by the SASP, return the property to the SASP, or release the
property to another Donee or another state agency or a department or agency of the United States, or sell or otherwise dispose of the
property. The Donee shall remit the proceeds from any sale promptly to the SASP.
(3) The Donee shall make reports to the SASP which shall state the use, condition and location of the property, and shall report on other
pertinent matters as may be required from time to time by the SASP.
(4) At the option of the SASP, the Donee may abrogate the conditions set forth in B, above, and the terms, reservations and restrictions
pertaining thereto in D by payment of an amount determined by the SASP.
E. The Donee agrees to the following conditions applicable to all items of property:
(1) The property acquired by the Donee is on an "as is," "where is" basis without warranty of any kind.
(2) If the Donee carries insurance against damages to or loss of property because of fire or other hazards, and damage to, loss or destruction
of donated property with unezpired terms, conditions, reservations ar restrictions occurs, the SASP will be entitled to reimbursement from
the Donee out of the insurance proceeds in an amount equal to the unamortized portion of the fair value of the lost, damaged or destroyed
property.
F. Terms, conditions, reservations and restrictions set forth in the Conditional Transfer Document executed by the authorized Donee
representative are applicable to the donation of aircraft and vesa~ls gf 50 feet or more in length having an acquisition cost of $5,000 or more,
regardless of the purpose for which acquired.
D'ePARTMENT OF GENERAL SERVICES
INTERAGENCY SUPPORT DIVISION
FEDERAL AND STATE SURPLUS
PROPERTY PROGRAMS.
28 CIVIC CENTER PLAZA, SUITE 538
SANTA ANA, CA 92701
(714)558-6796
SASP Form 201-A (01/2008)
ELIGIBILITY RENEWAL APPLICATION
STATE & FEDERAL SURPLUS PROPERTY PROGRAM
A. Name of Organization Citv of Chula Vista Telephone (619) 691-5055
Address 447 F Street City Chula Vista County San Dieao Zip 91910
Fax Number (619) 691-5057 E-mail Address rhillirCcl~ci.chula-vista.ca.us
Organization is a: PUBLIC GOVERNMENTAL AGENCY
A. Conservation
B. Economic Development
C. Education-ADA
D. Parks & Recreation
E. Public Health
_F. Public Safety
X G. Other, Explain Cityaovernmentwhich
Covers Public Safety and General Services
PRIVATE AGENCY/ORGANIZATION
A. Homeless Program
B. Private Education -ADA
C. Private Health
_D. Older Americans Act for Sr. Citizens
E. Other, Explain
Number of Service Sites 10
Total Number of Clients Served Each Day 240,000
RESOLUTION
B. "BE IT RESOLVED by the Governing Board hereby ordered that the official(s) and/or employee(s) whose name(s), title(s),
signature(s) are listed below is (are) hereby authorized as our representative(s) to acquire state or federal surplus property
from the California State Agency for Surplus Property and accept responsibility for payment of incidental fees by our agency
under the Terms and Conditions accompanying this form or listed on the reverse side of this form."
NAME (Print or type)
TITLE
SIGNATURE"
E-MAIL ADDRESS
Harrv Muns Fire Captain
PASSED AND ADOPTED on 20_by the Governing Board of the:
by the following vote: AYES NOES ABSENT I, Clerk of the
subject Governing Board, hereby certifies that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at
a meeting on 20_ meeting thereof held at its regular place of meeting at the date and by the vote above
stated, which resolution is on file in the office of the Governing Board. Signed by
NOTE: ALL LOCAL GOVERNMENT 8NON-PROFIT INCORPORATED ORGANIZATIONS HAVE A GOVERNING BOARD,
THEREFORE COMPLETE ONLY SECTIONS "A" 8 "B". THE FOLLOWING SECTION "C"IS FOR STATE AGENCIES ONLY
C. AUTHORIZED BY:
Printed Name and Title of Chief Administrative Officer
Signature of Chief Administrative Officer Date
STATE OF CALIFORNIA AGENCIES ARE REQUIRED TO PROVIDE THEIR STATE BILLING CODE#
FOR STATE SURPLUS AGENCY USE ONLY
***#**11144*t*#**********1f####***t***f#i#*****1fY#f#****f*fY##t#f*****************#*#1f**##f*#111111111fit*****#**iif#l111l1if1RlRf##1f'If1f"Y#R"RRf#
Renewal Application Approved Renewal Application Disapproved
Date:
Signed:
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RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA
TO PARTICIPATE 1N THE STATE AND FEDERAL SURPLUS
PERSONAL PROPERTY PROGRAM
WHEREAS, the City of Chula Vista has been notified that its approval to participate in
the State and Federal Surplus Personal Property Program has expired; and
WHEREAS, this program allows the City to obtain State and Federal surplus property
that is in usable condition at a reduced cost; and
WHEREAS, as public agency that carries out or promotes for the residents of a given
political area one or more public purposes that includes: conservation, economic development,
education, pazks and recreation, public health and public safety, the City of Chula Vista is
eligible to participate in this program; and
WHEREAS, under this program the City may generate budgetary savings by obtaining
Federal surplus property that is in usable condition at a reduced cost. Items that can be obtained
under this program include but aze not limited to: vehicles, office equipment, tools, machinery
and replacement parts; and
WHEREAS, City will be eligible to participate in this program for three yeazs upon
acceptance of application; and
WHEREAS, In an effort to increase the potential benefits and availability of this program
on a citywide basis, the following positions will be designated as authorized City representatives
for this program: 1 Fire Captain (Fire Department), 1 Fire Engineer (Fire Department),
1 Procurement Specialist (Finance Department) 1 Administrative Services Manager (Public
Works Department), 1 Equipment Manager (Public Works Department); and
WHEREAS, all costs associated with participation in this program will be paid with
current budgeted funds resulting in no impact to the City's general fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve and authorize the City of Chula Vista to apply for and renew its
participation in the State and Federal Surplus Personal Property Program.
Presented by Approved as to form by
Dave Hanneman
Fire Chief
Bart C. Miesfeld
City Attorney
H:UUamey\Firc -surylm pmpam Cawcil mt8 Z-10.09.doc
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