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Resolution 3825 - Authorize Purchase of State Surplus PropertyRESOLUTION NO. 3225 A RESOLUTTON AUTHORIZING THE PURCHASE OF SURPLUS GOVERNMENT PROPERTY FROM STATE OF MONTANA, PROPERTY AND SUPPLY BUREAU BY THE CITY OF KALISPELL POLICE DEPARTMENT. BE IT RESOLVED TEAT THE CITY COUNCIL OF THE CITY OF KALISPELL, Drawer 1997, Kalispell, Montana 59903-1997, Telephone (406) 752-6600, shall obligate the Applicant and its funds to the extent necessary to comply with the TERMS and CONDITIONS listed on the application form. The employee(s) whose name(si) and signature(s) appears on this document is (are) authorized to acquire federal surplus property from the State of Montana, Property and Supply Bureau for the above Applicant. BE IT FURTHER RESOLVED THAT this certified copy of the Resolution shall be submitted to the State of Montana, Property and Supply Bureau and the same shall remain in effect until written notice is given to the Property and Supply Bureau to change or rescind said Resolution. CERTTFICATTON: I, John "Ed" Kennedy, Jr., hereby certify that I am the Mayor of the City of Kalispell and that the foregoing is a true and correct copy of the Resolution adopted by the vote of the majority of said City Council present at a duly -convened meeting of said City Council on the 3rd day of October, 1988 at which a quorum was present. n E Kennedy Of., Mayor ATTEST: City Clerk -Treasurer AUTHORIZED AGENTS AND THEIR SIGNATURES TYPE OR PRINT NAME I . 2. 3. 4. CORRESPONDTNG SIGNATURE 1, the under4igned, City C!6vk Of' the City of' Kail'apell, certify L6hat t1le fuvegOiiag 1�s a true copy of the Resolution passed by the City Council of the City of Aklalizpeli, hoiLLana at a vegular iaeeting held City Cl��rk of the City of 111alispell LLJ LLI V) F_ LL. Lu Co ZLU < LOI) U) uj M LL LL. LL. 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TO BE COMPLETED ONLY IF YOUR ORGANIZATION IS A PUBLIC AGENCY SUCH AS A STATE.AGENCY# COUNTY OR CITY GOVERNMENTAL UNIT OR PUBLIC SCHOOL. 4 Check One Of The Following: STATE AGENCY PUBLIC SCHOOL Chock One Which Best Describes How The Surplus Property Will Be Used: CONSERVATION --g—X PUBLIC SAFETY OTHER:(Speclfy) ECONOMIC DEVELOPMENT PARKS AND RECREATION Xx CITY or COUNTY DEPARTMENT EDUCATION PUBLIC HEALTH if** N * **44 *#N * *v* ** *11***0 *A I**** *,4***.v * N*%** *a* ****A a A** PART C. TO BE COMPLETED ONLY IF YOUR ORGANIZATION IS NONPROFIT/TAX EXEMPT AND NOT A PUBLIC AGENCY AS IN -13" ABOVE. 1. Aftarh A Copy Of The Letter Or Certificate From The U. S. Infernal Revenue Service Evidencing The Organizational Tax Exemption Under Section 501 Of The Internal Revenue Code Of 1954. 2. Check one Which Best Describes How The Surplus Property Will Be Used: EDUCATION MEDICAL INSTITUTION HEALTH CENTrR SCHOOL FOR THE PHYSICALLY HANDICAPPED OTHER: MUSEUM LIBRARY CLINIC HOSPITAL SCHOOL FOR THE MENTALLY RETARDED 3. Chock One Thai Applies and Attach A Copy If Applicable. EVIDENCE OF APPROVAL ACCREDITATION 4. Are the applicants services available to the public at large? V YES 5. If the answer to #4 above Is NO, Indicate who comprises your service group: L I CENSE NO 6. ATTACH THE FOLLOWING INFORMATION: (A) For educational Institutions, include a description of the curricuium; the grades I -aught; +rinrol Iment; length of school day, week rand year; the number and qualifications of the full and part-time staff; and the facilities operated. (b) For public heal-th applicants, Include a description of the health services offered; the number of beds where applicable; the number of resident physicians, registered nurses, and the number and qual If Ications of the other profe55ional staff; and the facilities operated. (C) If the above Is not applicable to your organization, send a COMPLETE descriptive outline of your program of operations. JN #196 7HE D(X4EE CEPTIFIES THAT: it 1—se iYu�JF=-Zgt7ZVTor a ncnpro'- educ,;itiondl or public health Institution or crqanizat[on, exempt from taxatI06 under 501 of the intarna; revonue code of 1954; Within -rho meaning of Section 203(i) of the Federal Prop----rty and Adailns-,'"LlTiVe Services Ac- of 194), as �3,nerded, and the reguiations of the AdmIntstral.or of General Serv!cas. 2. ! f '� put! Ic 09-?ricy. thc;� property IT, !�eocled and wi ! I be used by the recipient tor carryling out or- promotIng for the res.16anoo o,. �) .i .; vo:in po! I ;-Ic4l area ofie �r moro pub � Ic purposes, or, I f 8 nonprof It tax-exeilipt I nst 1-tu t Ion or organ-,"zatlon, t!io is needc4d ror and wr I I W used by the recipient for educational or public health purposes, ant Includino r-�so_s-r cl�T for sucO purpose. The property Is not being acquired tar any other use or purpose, or for sale or other disrr;bution; or for peri-.ianent use otitside the state, except wit'i prior 413proval of the staire agency. '7. Fdnr;s -iro, to p4iv all cus-s aria ciierge!i Incident to donation. 4. -his tr�3ns�,ction, s�imll ro I subjec-i- -,o flie nond�scrlrnl nation regulations governing the dundiflon of surplus personal property 1:3suisd undur Title VI of the C'vll R!9.'�ts Act of 1964; Title V1, Section 606, of the Federal Property and AdjnlPI0ra-t?ve Servlce�, i�ct of 1949, ar nmendeL; Section 504 of the Rehabilltdtion Act ot 1973, n.r eimendud; Title IX of r!je Education Amndraoi,+s of 1972, as ain-endad; ar.,d Section 303 of the Age Discrreninatlon Act ol 1975, as amended. T'87 DONEE' AGRZts 1-0 n-E FCCC6WIK4 FEDE.7-jil- Ci= ! 71 1 ONS: V -s-1 placec in uX for the purposeCs) for which acquired within one year of receipt a n o s ha I c o ri t, . i v �c- 1 n u f or 1�1.11 c . h -.,rposp(s) for one year from the date -the property was Placed in use. In the event the proverly :S nol !�o I are(! , nflnued In use, the donee sha;I Immedlately no'Ity the state agency in i: �irj, or ��o i arid, at the oocrleo'E: re-,-,;rr, f.;uch property -eo tne state agancy, or otharw7se make the property available for traa0er cr L­*srxjs�ll It-.- S-,a+- agoncy, prov!dod trw, property is still usable zu,; dotermfwd b,,, ihi.. st3te agency. 2. Svch s;�ecljl 1­.,9n.d!�_1­: C.,_ use property lls+eFj z . ans as &r-a imposed by 6enora' Services Admin1siration (GSA) on any item(s) of 3. In thf3 evarit t4k, property Is not so u5;ed or handled as required by (B)(1) and (2), title and right to rho possession of stich pvoDerty shall at the option of GSA revert to the United States of America and upon demand the J 'on� I i sfiaO� ­.-oper-V to -vic-11 por�nn as GSA or Its designee shall fjlri�,ct. THE DONEE AGREES TO THE cCli.LOWING CONDITIONS IWOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION PST OF _12�p I CM, REUWLE55 OF ACQU 151 T ION GUST, EXCE7r7iE= 50 FECT OR FORE-W LEMTH Mr-AT=,717; 1. RIO property shuil be used only for t!-io purpose(s) for which acquired and for no other purpose(s). 2. Thora shnli bt� d period of restrlct!oii whicn will expire.after such property has been used for the purpose(s) for which for a period of 15 rronth-, from the date the property Is placed In use, except for such Itains of major �(i:l �oroon on which lite s-atle agency designates a further perlod of restrictlon. 3. the proparty Is no� os.�Ld as required by (C)(1) and (2) and federal restrictions (13)(1) and (2) have CX.P;:-,J�,, th,:�-� "itie and right to the pz.-s-osslon of such property shal I at the option of the state agency revert to the Stato oi �ntana and the donee shall rolk2a--e such property to such person as the state agency sha:I direct. rtr ;tc p.CES 7C. �ZESEFYA711114S, AND RESTRICTIONS: 7- 4-;ma the conditions Imposed by and .c- -:xoir- ra,aa in !!i ef f- Gonee -nal I not sell, trade, lease, lend, bai I, cannibal Ize, encumber, or 0' �,Ut�]� Or -�YTOW, �t purmaneatly, 'or use outside 1-hu state, without :,he prior approval of 'A 1, r ofaner "C". Tha- proceeds frcxn any sale, traos, ie�ire, oin, bat lr'�ent, encumbrance, or L'--jor J, dCtJ'0'J Is autWrized by GSA or by the steite agency, shal I be remitted p rcim-,) t! �7,� rf0!`1­ �n rcv, -I s t he k::a­ may bpi. 2. ]'1 thO uve.nt `%ii; si,�!d traded, leased, leaned, balled, cannibalized, encumbered, or ot.hvr,. 3-, 01 6y Jonco tirte dato It r,-ceiv-3s the property throuq!-, the parlod(s) of time the condition-, iiiposad by '%B) e�rd (C) rema'fr In 61fect, without the prior approva! of -�;SA or the state agency, the donee, 'C,� at tho oi�,, of GSA (j." ";!(.- Ll-ate aqen�;)-, shal I pay io GSA or The state aguncy, as t.Ie care may bij, the proceeds of the c;,*s or +ne f:li,- �,Iijj-%tT7 VPJ;UC, 01- thc--- fdi!- t-enta! value of the property at tho thne of such disposal, as de 'erm;. v GSA or t h%- -i t v e ac _Fi n cy f i t r�,�c­y!veu t:,F- through 1. operty the per lod (s) of t [me he rond I -� lons Imposed by (8) and pr­ �_­y i 1. SA-ed' h,_,rcon !s no longer su Itable, osa-lile, or furth�r needed by the tho don&t�- shi,:d I promptly notify the zi�jency, and shal 1, as directed t.J,:t sta') agency, reiea��ie -the proti,_-;-t� `o another &,,-" or another state dSellcy i�r ;:t Jf�7.-cr -11or, or agor�cv of -,e,� States, sa! I , or otherwise dls,�ose c-' the property. The proceeds from any I ,e .:;fomutly tiv donF-z- 70 the state agency. 4. T! io lllone�� !�h,�i ! I ko r �ior t s to t tie, c; rate ��ency on t he u se, cond I t I on, a nd I oca-r I on o f "he 13 roperty I I sted hereon and ,�-n o`r�4.- port�rton+ a,; b-�� rn(�u.red frc#Fi time to time by the staTiC, 5. at �­:e s-:) +.:- arollc�', donee nay ai)roga4,e the conditions se- fo-­- �n (C) and the terms, rese;-Y!­ ;,n.�s, -7d ­7-f i Tier,— theretl�l I ri (0) by caymknt of an bV 'he state agency. 74E A(iPEES 10 THE FOLLNIN113, CO�-��ITICX%1, APPLICABLE YO ALL ITEMS OF IPPCPERTY L;S' iJH—RE7.0N: 7-.-156—p ' —5 s,-- "Where Is- basis, wit kI nd. 2. Where a donee carries Insit.-ancti .39di ris' dmaqes to the loss ot property duo 70" f 7ru or . other hazards aid where loss PJ'3party Wl_r�j 'J�r:xplred "arrns, conditions, resurvations, or rc�;trl-_,�lons, �-.)ccurs, ";a state agency al to rf,,Im�,ursemen'r from the donee out of the Insurance procQ.% ' ds, of dn amount 4qudl i'u the unamartized portion of the fair value of t,)e damaged or destroyed donated Itengs. TERMS AND CONDITIONS APPLICABLE TO THE nNATION OF AIRCRAFT AND VESSELS(50 FEET OR MORE IN LENGTH) HAVING AN WHICH rostirvat Ions, -Fo-9-triel'I"s set forth In the Conditional Tra,isfer Docurrant axecvtad i>y the euthor�z,)d donee repreientative. 114 ACDCITIONI TO ANY r,"­.-;:iq REMF'OtES AVAFI_�.-'�-'_E To -,;�E DF,"IXITMENT OR TO THE STATE AGErCY, �"AID AGENCY SHALL HAVE THE RIGHT ."TE SURPLUS PROPERIT it) WK .%77T7Ur1L,1N4 I XNT TIME JN fI95 I W Instructions for Eligibility Applications A. Instructions Applicable 0111Y to Certain Specified Applicants I . if tllc�p`plicant is a school, . college, or university lacking evidence of formal approval or accreditation, the following type of information may be accepted in lieu thereof: a letter from a school district governing board or the State Board of Education or similar authority stating that the institution Inects the acadenlic or instructional standards prescribed for public schools, college.%, or tiniversities in the slate or that students will be accepted for transfer to accredited or approved ills(ituli011s at tile same academic level, OR a ininimuni or three letters from accredited or appFOVed institutions to tile effect that students from the applicant institution [lave been and are accepted as if coming from an accredited or approved institution. 2. If the applicant is a school for the mentally or physically handicapped, the application must in�lude a copy of a certificate or other evidence that the facility "I meets the state and local health and safety standards. Give data on length of school day, week, and year and the number and qualifications of staff. 3. If the applicant . is an educational radio or educational televison station, the application must be accompanied by a copy of the FCC' license to operate exclusively for noncommercial educational purposes. 4. If the applicant is a private, nonprofit library, the application must include a statement from the governing body that the library serves free all residents of tile community. 5. If the applicant is a medical institution lacking evidence or formal approval, accreditation, or licensing, the application must include a letter from a city, County, state, or federal health authority stating that tile institution is approved by that authority. A licensing authority will be accepted as evidence ol'approval only when the licensing authority prescribes the medical requirements and standards for tile professional and technical services of the institution. B. Instructions Applicable to All Applicants I Public Law 94-5 19 mandates that surplus personal Property be distributed in a fair and equitable manner based on the relative needs and resources of interested eligible agencies and organizations and their abilities to utilize the property. To assist the agency in complying with this requirement, enclose a statement with the application providing information relating to the following: a. Source of funds, such as tax revenues, federal or state grants, tuition or service charges, and donations or contributions b. Economic condition of the agency or organization, including any extraordini ry economic problems c. Availability of funds and facilities to repair or renovate (he property and maintain the property in use d. General description of the nature and types of property needed for use in tile program or activities I PROPERTY and SUPPLY BUREAU Federal Surplus Property Program 930 Lyndale Avenue Helena, Mt. S9620-0137 Phone (406)444-4S14 STATE OF MONTANA ASSURANCE OF COMPLIANCE WITH GSA REG = TIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF-1964, AS AMENDED; SECTION 606 OF TITLE VI 0V*THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AM M ED; 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, AS AMENDED.' (Full legal name of applicant organizationChereaFter called the donee) hereby agrees that the program for or connection with any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101-6.2) issued under the provisions of title VI of the Civil Rights Act of 1964, as amended, Section 606 Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section SO4 of the Rehabilitation Act of 1973, as amended, Title IX o[ the Education Amendments of 1972, as amended and Section 303 of the Age Discrimination Act of 1974, as amended, to the end that no person in the United States shall on the grounds of race, color, sex, age, national origin, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and Hereby Gives Assurance That it will immediately take any measure necessary to effectuate this agreement. The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any.successor in interest of the donee and the word "donee" as used herein includes any such successor in interest. RATED: BY: LChairman of the Board(OR)Chief-Mministrative Officer) JN #73