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HomeMy WebLinkAboutResolution - 2006-R0603 - Tansfer - LISD - Surplus Property - 12_19_2006 (2)Resolution No. 2006-RO603 December 19, 2006 Item No. 5.12 RESOLUTION WHEREAS, the City Council of the City of Lubbock, upon finding a public purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City owned surplus property at no cost; and WHEREAS, the City of Lubbock owns certain surplus property it wishes to transfer at no cost; and WHEREAS, the City Council finds that the services provided by Lubbock Independent School District (herein called "Transferee"), a unit of local government of the State of Texas, are a significant benefit to the citizens of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock finds that the transfer of the surplus property indicated and listed in Exhibit A hereto to Transferee at no cost serves a public purpose and provides a benefit to the health, safety and welfare of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby transfer the surplus property indicated and listed on Exhibit A hereto to the Transferee at not cost to the Transferee. Said Exhibit A is incorporated in this Resolution as if frilly set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this I9th day of ATTEST: Reb eca Garza, City Secretary APPROVED AS TO CONTENT: Vrtalvarez, Pur lasing Manager December 2006. 01 DAVID A. M LLER, MAYOR APPROVED AS TO FORM: Don Vandiver, Attorney o -Counsel dd/res/SpurplusProp-LI SD06Con Res December 6, 2006 CITY OF LUBBOCK Resolution No. 2006-RO603 APPLICATION FOR ELIGIBILITY To Receive City Surplus Properly 1. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION Woloock Ntyit� -75-0001g9c1-°1 Name of Organization Federal Tax ID# tLP2% 110" Sireo- 1_ubd6k , T"X lel4 o 1 Mailing Address (P.O, Box #, Street, City & State) Zip Code Vlll Street Address/Location (if different from mailing address) LVbba e-K (:-W1P) 1LQU -]Ono County Telephone # APPLICANT STATUS (CI[ECK ONE): ❑ Civic Organization (evidence must be 9"' Governmental Agency provided) ❑ Charitable Nonprofit Tax-exempt Organization TYPE OR PURPOSE OF ORGANIZATION State College or University Child Care Center C'ounly Secondary School School for Handicapped City Elementary School School for Retarded School District Preschool Museum Program for Older Individ UalS Other (speedy) Training Center Medical In Stltalion Radio/TV Station Hospital Library Hcalth Center Sheltered Workshop Training Program Provider of Assistance to Homeless Individuals Clinic PROVIDE A WRITTEN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A DESCRIPTION OF FACILITIES OPERATED. (REQUIRED) SOURCES OF FUNDING (Attach Supporting Documentation): Tax Supporter': Grant Contributions Other (Specify) HAS THE ORGANIZATION BEEN DETERMINED TO BE TAX EXEMPT UNDER THE INTERNAL REVENUE CODE'?: (COPY REQUIRED) IIAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED? REQUIRED) BY WI CAT AUTHORITY'? Date (COPY FOR CITY USE ONLY The applicant has been determined eligible ineligible As a civic organization nonprofit education nonprofit health governmental agency Eligit)iliiv expires: Account # IL 9- A City M0 a cr MAYOR n-0V-O Date Date MAIL COMPLETED FORNIS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TA 79457. PUR-050 (Revised 5/17/00) INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR ELIGIBILITY FORM (Please type or print in black ink only) SECTION 1: Provide; the full legal name of your organization on the first line of this section. Provide the mailing address of your organization as recognized by the U.S. Postal Service. Include Zip Code. Provide the street ae"dress if different from mailing address, or provide directions if located on a rural route or other remote area, List the county in which the organization is actually located and a business telephone number with area code. SECTION 11: Check the appropriate box that describes your organization. (If you are unable to determine which status to check, please contact this office for assistance.) SECTION III: Check the appropriate box or boxes (check as many as apply) which indicates the type or purpose of your organization. (Definitions have been provided on the reverse side of the application to assist in making this determination.) SECTION IV: A comprehensive written description of all program or services provided is required. A description of the operational facilities should also be included. Be sure to include information on staff and staff qualifications, hours of operation, services and programs offered, population or enrollment, fees charged, etc. Include samples of pamphlets, catalogs, brochures or posters. If incorporated, include complete copy of Articles of Incorporation with all filing certificates and amendments, and a copy of your current By -Laws. SECTION V: Check the appropriate box that indicates the organization sources of funding. Supporting documentation indicating the types and amounts of funding must be submitted with the completed application. SECTION VI: Al[ applicants making application as "Nonprofit, tax-exempt organizations" must provide a copy of the IRS determination letter indicating tax exemption status under the Internal Revenue Code. The name of the organization on this IRS letter must match the name provided in Section I of this application, if not, include sufficient evidence such as amendments to Articles of Incorporation, or Assumed Name tiling certificates to establish an "audit trail" of names showing the legal connection. SECTION VI1: Applicants making application as "Nonprofit, tax-exempt organization" are required to submit evidence that the applicant is currently approved, accredited, or licensed. Programs for older individuals must include evidence of funding under the Older Americans Act of 1965, the Social Security Act, the Economic Development Act of 1964; or the Community Services Block Grant Act. Providers of assistance of homeless individuals must include 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 such assistance. SECTION Vill: Annotate date and provide an original signature or applicant's Authorized Office (President, Chairman of the Board, County Judge, Mayor, City Manager, Executive Director, Administrator, Fire Chief, or other comparable authorized official.) Photocopied, rubber-stamped, machine produced, carbon, or other facsimile type signatures are not acceptable. NOTE: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. USE THIS INSTRUCTION SHEET AS YOUR CHECKLIST TO ASSUME THAT ALL REQUIRED INFORMATION AND DOCUMENTATION IS PROVIDED. IF YOU HAVE A QUESTION OR NEED ASSISTANCE CALL: 806/775-2165 PUR-050 (Revised 5117/00) CERTIFICATIONS AND AGREEMENTS (a) THE TRANSFEREE CERTIFIES THAT: (1) It is a civic organization or a nonprofit institution or organization, exempt from taxation under the Internal Revenue Code and/or the regulations of the CITY OF LUBBOCK; or is a governmental agency. (2) If a civic organization, the property is needed and will be used by the recipient for carrying out or promoting for the residents of the CITY OF LUBBOCK 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 the furtherance of the purposes of the CITY OF LUBBOCK. The property is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the CITY OF LUBBOCK. (3) Funds are available to pay all costs and charges incident to transfer. (b) THE TRANSFEREE AGREES TO THE FOLLOWING CONDITIONS: (1) All items 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 purposes 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 transferee shall immediately notify the CITY OF LUBBOCK, and at the transferee's expense, return such property to the CITY OF LUBBOCK, or otherwise make the property available for transfer or other disposal by the CITY OF LUBBOCK, provided the property is still usable as determined by the CITY OF LUBBOCK. (2) In the event the properly is not so used or handled as required by (b)(1), title and right to the possession of such property shall at the option of the CITY OF LUBBOCK revert to the CITY OF LUBBOCK and upon demand the transferee shall release such property to such person as the CITY OF LUBBOCK or its designee shall direct. (c) THE TRANSFEREE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed heron and through the period(s) of time the conditions imposed by (b) remain in effect, the transferee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the CITY OF LUBBOCK, without the prior approval of the CITY OF LUBBOCK under (b). The proceeds from any sale, trade, lease, loan, hailment, encumbrance or other disposal of the property, when such action is authorized by the CITY OF LUBBOCK, shall be remitted promptly by the transferee to the CITY OF LUBBOCK, 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 transferee from the date it receives the property through the period(s) of time the conditions imposed by (b) remain in effect, without prior approval of the CITY OF LUBBOCK, the transferee, at the option of the CITY OF LUBBOCK shall pay to the CITY OF LUBBOCK, 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 the CITY OF LUBBOCK. (3) if at any time, from the date it receives the property through the period(s) of time the conditions imposed by (b) and remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the transferee for the purpose(s) for which acquired, the transferee shall promptly notify the CITY OF LUBBOCK, and shall, as directed by the CITY OF LUBBOCK, return the property to the CITY OF LUBBOCK, release the property to another transferee or a department or agency of the CITY OF LUBBOCK, sell or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the transferee to the CITY OF LUBBOCK. (4) The transferee shall make reports to the CITY OF LUBBOCK 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 CITY OF LUBBOCK, (5) At the option of the CITY OF LUBBOCK, the transferee may abrogate the conditions set forth in the terms, reservations, and restrictions pertinent thereto in (c) by payment of an amount as determined by the CITY OF LUBBOCK. (d) THE TRANSFEREE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the transferee is on an "as is, where is" basis, without warranty of any kind, and the CITY OF LUBBOCK, its agencies or assigns, and employees thereof will be held harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the transfer of the property, its use, or final disposition. (2) Where a transferee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to transferTed property with unexpired terms, conditions, reservations or restrictions occurs, the CITY OF LUBBOCK, as the case may be, will be entitled to reimbursement from the transferee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair market value of the damaged or destroyed transferred items. DESCRIPTION OF TRANSFERRED PROPERTY NAME OF ORGANIZATION (TRANSFEREE) DATE SIGNATU RYOF A 10 Mil ZW ICIAL f�.IliCl_./4_ -1 il-� TITLE MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457. PUP-049 (Revised 5/17/00) DEFINITIONS APAOVED - 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 an 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 (cchoicai or occupational), or professional study and instruction, which operates primarily for educational purposes on a full-time base for a minimum school year as prescribed by the State and employs a full-time staff of qualified instructors. For a non-profit 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 non-profit health institution or program or educational institution program, the awarding of research grants to the institution or organization by a recognized authority such as the National Institute of Health, the National Institute of Education, or by the similar national advisory council or organization may constitute approval of this 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 program 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 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. CIVIC ORGANIZATION - A formal association of local citizens that works to further its concept of the public interest. CLINIC - An approved 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 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 civic or non-profit organization 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 lean employment opportunities in the area or primarily benefits the unemployed or those with low incomes. EDUCATIONAL INSTITUTION - An approved, accredited, or licensed 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 TELEVISION STATION - A television station licensed by the Federal Communications Commission and operated exclusively for noncommercial educational purposes and which is nonprofit and tax-exempt under section 501 of the Internal Revenue Code of 1954. HEALTH CENTER - An approved nonprofit facility utilized by a health unit for the provision of public health services, including related faciiitics 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 private place not designed for, or ordinarily used as, a regular sleeping accommodation for Truman beings. For purposes of this regulation, the terns does not include any individual imprisoned or otherwise detained pursuant to an Act of Congress or a State Law. HOSPITAL - An approved or accredited 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 nonprofit facility providing library services free to all residents of the City of Lubbock. 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 (hey 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. MEDICAL INSTITUTION - An approved, accredited, or licensed 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 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 Transfer Program, the term "museum" includes, but is not limited to, the following institutions if they satisfy all other provisions of FPMR 101-44.207: aquariums and zoological park; botanical gardens and arboreturns; 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 on 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 object 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 the Internal Revenue Code. PROGRAM FOR OLDER INDIVIDUALS - Any nonprofit, tax-exempt activity which receives funds appropriate for programs for older individuals under the Older Americans Act of t965 or the Social Security Act, or under the Economic Opportunity Act of 1964 and the Community Services Block Grant Act. PROVIDER OF ASSISTANCE TO HOMELESS INDIVIDUALS - 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 transfer program by such institutions or organizations must be used exclusively in their program(s) for providing assistance (o homeless individuals. HEALTH INSTITUTION - An approved, accredited, or licenses 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 nrentalIX retarded and schools for the physically handicapped) - A 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 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 or 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 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 nonprofit approved or accredited institution for instruction and study in the higher branches of leaming and empowered to confer degrees in special departments or colleges. Pur-048 11%'1312Ci06 1b:06 8O67752051 CITY OF LUBBOCK PAGE 04%134 CERTIFICATIONS AND AGREEMF.%Ts i a) THE TRANSFEREE CERTIFIES THAT: (1) It A a civic organisation or a nonprofst Institution or organization, exempt from tautfon urder the )nLernal Revenue Cade andlor the regulahorkm of the CITY OF LUBBOCK: or Is a governmental agency. (2) If a attic organiiaUan, the property Is needed and will be used by the reclplent for carrying out or promoting for the iesidentt of the CiTY OF LUB60CK one or more public purposeu, or if a nenprofil tax-exempt Institution or organitallon, the property le needed for and will be used by The tetiplent for the furtheranca of the purposo+; of the t;ITf OF LUBBOCK. The property is not being acquired for any other use or purpose, or for sale or Other diatrt7Ution, or for permanent use outside 0" CiT'f OF LLiBBOClt (3) Funds am avails ole to pay air costa and charges insider to Iransfar. (b) THE TRANSFEREE AGREES TO THE FOLLOWING CONDITIONS: (1) All items of property 9hail be plated in use for the purpp5a(sj For which acquired wlthln one year of receipt and shall be continued in use for such purposes far one year from the date the property was placed in use. In the Avert the property to not so placed In use, or continued In use, the transferee Snail Immradfetely noUly the CITY OF LUBBOCK. and at the ", flaferee's expense, return such properly to the CITY OF LUBSOCK, of olhervflse make the property avallable for transfer or other dispmal by the CITY OF LUBBOCK, provided the properly is still usable At determined by the CrTY OF LUBBOCK. (2) In the evert the property is nal Sa used or handled as required by (b}{1), title and right to the posaession of such property shall al the option of the CITY OF LUBBOCK revert to the CITY OF LUBBOCK and upon demand the hensferee shall release such property to such person As the CITY OF LUBSOCK or its deeignee shall direct. (ei THE TRANSFEREE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS (t) From the daM it receivss lrte property listed heron and through the perod(s) of flute the conditions imposed by (b) remain in effect, the tranftoree shalt not sell, trade, lease, lend, hat, cannibalize, encumber, or other„nse dispose of such properly, or remove It parrnanentty, for use outside the CITY OF LUBBOCK W"hou`. the prior approval of the OTY OF LUBBOCK under (b), The pw-eads from any sale, trade, lease, loan, ball tent. encumbrance of other disposal of the prop". when such anion is authorized by the CITY OF LUBBOCK, shot be rattllfted promptly by the trartsferee to the CiTY Of LUBBOCK as the case may be. (2) In the event any of the property late l hereon Is add, traded, leased, fooned, bailed, cannibalized, encumbered, or otherwise disposed of by the transferee from the date It racelves the property through the perlod(s) of time the conditons InlpOsed by (b) remain In effect, without prior approval of the CITY OF LUBBOCK, the Irsnsferee, A the option of the CITY OF LUBBOCK shall pay In tho CITY OF LUBBOCK, as the ease may be, the proceeds of the disposal or The fat market value or the fair menial vs IN of the property at the Time of Such disposal, 99 determined by the CITY OF LUBBOCK. (3) If at any ilmo, from the date it receives the property through the psdod(s) of bRre the CondlNellS impaled by (bl and remain in elI any of the property listed hereon is no longer suitable, meble, or further needed by the transferee for the purposes) For whlth acquired, the transferee shall promptly natlfy the CITY OF LUBBOCK and shall, as directed by the CITY OF LUBBOCK, return :he property to the CITY OF LUBBOCK, release the property to another transferee or a department or aren^ry of the CITY OF LUBBOCK, tell or othenOw dlspe" of the property. The proceeds from any sole shot bg rem tBd promolly by the transferee to the CITY OF LUBBOCK, i4r Tho transferee shall mark& repofls to the CITY OF LUBBOCK on the uw, cprlrlition, anti location of the property listed hereon, end or other pertinent matters era may be required from time to time by the CITY OF LUBBOC)!, (5) At the ootion of the CITY Of LUBBOCK, the transferee may abrogate the condltioft set forth In the terms, reservations, and reatrktiona pertinent thereto In (c) by payment of an arnauni as determined by the CITY OF LUBBOCK. id? THE TRANSFEREE AGREES TO THE FOLLOWING CONDMCNS, APPLIGABLE TO ALL rrEMS OF PRCPERYY LISTED HEREON: (1) The property acquired by the transferee is on an "as rs, whom %' basis, without warranty of any kind, and the CITY OF LUBBOCK, its agencies or assigns, and employees thefeof wilt be held harmless Trom Any or at 09bts, llebitr5es, judgments, poets, derhands, suits, actions, or claims of any nature arising from or Incident $6 the transfer of the property, its use, or Anal disposition. (2) Where A transferee carries Insurance against dantageo to or loss of property due to fire or other hazards and where loss of or darttege to Irens'herred property With unexpired terms, conditions, reservations or restrlcitons occurs, the CITY OF LUBBOCK. as the rase may be, will be, Bntlted to refmbursoment from the transferee nut of the Insurance proceeds, of an *moon equal to the umamorllzed portion of the fair market value of the damaged or destroyed transferred Items, DESCRIPTION OF YRANSFERRED PROPERTY u LI SD NAM FORGaANiLaT10fi R BFEREE) ~- SI©NATUR OF olIFil7ED r 44 pp, TiTLE MAIL COMPLETED FORMS TO; CiTY OF LUVWCK PURCHASING MANAGER, BCX lose. LUB9OCK, Tx. IS467, run-aw tR"Jt ,t CITY OF LUBBOCK MEMO TO: Legal Department DATE: December 5, 2006 FROM: Marta Alvarez, Purchasing Manager SUBJECT: Request for Legal Services Request for Legal Services (please be specific): Resolution authorizing the Mayor to sign an application for eligibility to transfer surplus bicycles from the Police Property Room to Lubbock Independent School District for and on behalf of the City of Lubbock with LUBBOCK INDEPENDENT SCHOOL DISTRICT of LUBBOCK, TX and any associated documents, for APPLICATION FOR ELIGIBILITY TO RECEIVE CITY SURPLUS PROPERTY FOR THE TRANSFER OF SURPLUS BICYCLES 2. Do you desire an initial conference with an attorney on your request? No. 3. Phone number where you may be reached for follow-up on this request. Ext. 2572. Background information (please state any background information which will assist the attorney in handling your request): 5. Documentation (please state any document that concerns this request and attach a copy of it to this request if possible): 6. EMERGENCY STATUS (I hereby request that this matter be handled as an emergency and given expedited consideration by the Legal Department for the following- reasons): 7. Desired completion date: December 5, 2006 Signatur RECEIVED BY LEGAL: Irv/ RECEIVED BY ATTORNEY: -- _ Anticipated Completion Date: DEC 0 5 2006 Actual Completion Date: G .aLL . , 1715/20a6/Raa. DodCC . ample", RESOLUTION WHEREAS, the City Council of the City of Lubbock, upon finding a public purpose and benefit to the citizens of Lubbock, may authorize the transfer of certain City - owned surplus and salvage property at no cost; and WHEREAS, the City of Lubbock owns certain surplus property it wishes to transfer (herein called the "Surplus Property) at no cost; and / u ��j WHEREAS, the City Council finds that the services p vided b l` ' Protective Services of Lubbock. Inc. Therein called the "Transferees), a Texas - Corporation,—provide-a-signi%ican public benefit -to --the citizens of the City of Lubbock; and WHEREAS, the City Council finds that the transfer of the Surplus Property to the Transferee at no cost provides a public benefit and further the health, safety, and welfare of the citizens of the City of Lubbock: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby transfer the Surplus Property as listed in Exhibit "A", to the Transferee at no cost to the Transferee. Said Exhibit "A" is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this day of .2006. 151 P.O. Box 2000 • 1625 13th Street • Lubbock, TX 79457 (806) 775-3002 • Fax: (806) 775-2051 Offlce of the City Manager DATE December 4, 2006 TO Lee Ann Dumbauld, City Manager FROM Marta Alvarez, Purchasing Manager SUBJECT Transfer of City Surplus Under the City's Purchasing Policies and Procedures, the Purchasing and Contract Management Department is responsible for the disposition of all City -owned surplus and salvage property. Pursuant to this policy, City Council may authorize the transfer of such property to other governmental agencies and to charitable and civic organizations provided the organization performs a function for the benefit of the residents of the City of Lubbock. All requests for transfer of surplus City property is required to be submitted on City approved forms and addressed to the Purchasing Manager, who reviews the requests and makes a written recommendation to the City Manager. If approved by the City Manager, the request must be submitted to the City Council for their review and approval, Please accept this letter as my recommendation to approval the Application for Eligibility to transfer surplus bicycles from the Police Property Room to Lubbock Independent School District. LISD will provide the surplus bicycles as prizes to students with good citizenship, grades and perfect attendance. Elementary students who qualify will have their name placed in a drawing every six weeks. Schools that have provided bikes as incentive prizes have experienced a dramatic increase in student attendance, citizenship, and grades. Once you have approved and returned the attached Application for Eligibility, I will place this item on the next available City Council agenda for approval. 11i13120 6 16:06 8067752051 CITY OF LUBBOCK PAGE 03r'E74 Vill CITY OF LUBBOCK APPLICATION FOR ELIGIBILITY To Receive City Surplus Property LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION Name [l�'�f O"Vanlzation Federal Tax ID# ir�i ) .`sC- 61 Mailing Address (P.C. Box #, Street, City & tate) zip Code Street Add reselLocation (if offerew from mailing address) County Telephone # APPLICANT STATUS (CHECK ONE): R Civic Organization (evidence must be ❑ Charitable Nonproft Tax-exempt %rovided) Organization ltr GovarnmentalAgency TYPF OR PURPOSE CF ORGANIZATION Collage or University Child Cane Center County Secondary School School for Handicapped Ci,.y Elementary School School for Retarded school Di wrt Pmchoof Muswin Progmm ter Older Individuals Other (Specify) Training Center Medicai lnat kttiOr RadlofTV -Station HoaPital Ubrary Health Center Sheltered Workshop Training Program Provider of Assistance to Homelesa Individuals Clink: PROVIDE A WRiTTFN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A DESCRIPTION OF FACILITIES DPERATED, (REOUIRED) SOURCES OF FUNDING (Attach Supporting Documentation): Tax Super Grant Contributions Other (Specify) _ HAS THE ORGANIZATION BEEN DETERMINED TO 8E TAX EXEMPT UNDER THE INTEP,NAL REVENUE CODE?: �1P� _ (COPYPEQUrRED) HAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED? �tL_ (COPY REWIRED) r i BY WHAT AUTHORITY? �701l� "� 1'i +l'Y1P_.� 1 Erk t' 0 W6tGin M ) bate FOR CITY USE ONLY ThD applicant has oeen determined eligible ineligible As a Civic organization nonprofit education nonprofit health governmental agency Eligibility expires: Account # City Manager Date MAYOR Date MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 7945T. Ptm.n5o(Revised 1iI rttxs) 11'13!2006 16:06 8067752051 CITY OF LUBBOCK PACE 02104 INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR ELIGIBILITY FORM (Please type or print in black ink only) SECTION I_ Provide the full legal name of your organization on the first line of this section. Provide the mailing address of your organization as recognized by the U.S. Postal Service. Include Zip Code. Provide the street address if different from mailing address, or provide directions if located on a rural route or other remote area. List the county in which the organization is actually located and a business telephone number with area code. SECTION II: Check the appropriate box that describes your organization, (If you are unable to determine which status to check, please contact this office for assistance.) SECTION III: Check the appropriate box or boxes (check as many as apply) which indicates the type or purpose of your organization. (Definitions have been provided on the reverse side of the application to assist in making this determination,) SECTION IV: A comprehensive written description of all program or services provided is required. A description of the operational facilities should also be included. Be sure to include information on staff and staff qualifications, hours of operation, services and programs offered, population or enrollrrrent, fees charged, etc. Include samples of pamphlets, catalogs, brochures or posters. If incorporated, include complete copy of Articles of Incorporation with all filing certificates and amendments, and a copy of your current By -haws. SECTION V. Check the appropriate box that indicates the organization sources of funding. Supporting documentation indicating the types and amounts of funding must be submitted with the completed application. SECTION VI: All applicants making application as "Nonprofit, tax-exempt organizations" must provide a copy of the IRS determination letter indicating tax exemption status under the Internal Revenue Code. The name of the organization on this IRS letter must match the name provided in Section I of this application, if not, include sufficlert evidence such as amendments to Articles of Incorporation, or Assumed Name filing certificates to establish an "audit trail" of names showing the legal connection, SECTION VII:_ Applicants making application as "Nonprofit, tax-exempt organization" are required to submit evidence that the applicant is currently approved, accredited, or licensed Programs for alder individuals must include evidence of funding under the Older Americans Act of 1965; the Social Security Act; the Economic Development Act of 1964; or the Community Services Bock Grant Act. Providers of assistance of homeless individuals must include 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 such assistance. SECTION Vill: Annotate date and provide an original signature or applicant's Authorized Office (President, Chairman of the Board, County Judge, Mayor, City Manager, Executive Director, Administrator, Fire Chief, or other comparable authorized official,) Photocopied, rubber- stamped, machine produced, ca;rbcn, or other facsimile type signatures are rot acceptable. NOTE- INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. USE THIS INSTRUCTION SHEET AS YOUR CHECKLIST TO ASSUME THAT ALL REQUIRED INFORMATION AND DOCUMENTATION IS PROVIDED. IF YOU HAVE A QUESTION OR NEED ASSISTANCE CALL: 806/T75-2185 PUR-oso IRevind 5n 7I04) r..r�Nmmvm� MU 4i,e.14e, zvL& 1ctkea, dt4kr Sandra M. Hester Community Partnerships Specialist Phone: (806) 766-1067 Fax: (806) 766-1241 E-mail: shester(a1lubbockisd.org November 27, 2006 Marta Alvarez City of Lubbock Purchasing Department PO Box 2000 Lubbock TX 79457 Dear Marta: The Lubbock Independent School District appreciates very much the possibility of the City of Lubbock donating bicycles from your "stolen properties" storage to Lubbock ISD students. Many of our elementary schools are using bicycles as prizes for student with good citizenship, good grades and perfect attendance. The bicycles are wonderful incentives for our students. Schools that have given bikes as incentive prizes have seen dramatic increases in their student's attendance, citizenship and grades. Each six weeks one boys and one girls bicycle is given to students who have qualified to have their name placed in the bicycle drawing. Thanks you so much for your cooperation and diligence in making this project successful. Sincerely, Sandra M. Hester 91-339 (Back) (Rev. 12-0274) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Name of purchaser, firm or agency LUBBOCK INDEPENDENT SCHOOL DISTRICT Address (street & number, P.O.'Box or Route number) Phone (Area code and number) 1628 19th ST (806) 766-1000 City, State, ZIP code LUBBOCK TX 79401 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller: Street address: City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: MATERIALS, SUPPLIES, EQUIPMENT, SUBSCRIPTIONS, AND SERVICES TO BE CONSUMED BY THE LUBBOCK INDEPENDENT SCHOOL DISTRICT Purchaser claims this exemption for the Following reason: SCHOOL DISTRICT IS EXEMPT FROM STATE SALES TAX I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise, and Use Tax Act; Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population of 125,000 or less. I understand that it is a criminal offense to give an exemption certificate to (he seller for taxable items that I know, at the time of purchase, will be used in a mannerother than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. sign �,�,/� '4 here / �/.i � Asst. Superintendent for Financial Services NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICA TE DOES NOT REQUIRE NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Affirmation of Your Tax -Exempt Status Page 1 of 1 Affirmation of Your Tax -Exempt Status Government entitles are frequently asked to provide a tax-exempt number or "determination" letter to prove status as a "tax-exempt" or charitable entity. For example, applications for grants from a private foundation or a charitable organization generally require this information as part of the application process. In addition, donors frequently ask for this information as substantiation that the donor's contribution is tax deductible, and vendors may ask for this to substantiate that the organization is exempt from sales or excise taxes. (Note: exemption from sales taxes is made under state, not Federal, law.) l here is no tax-exempt number provided by the Internal Revenue Service. A government entity may use its Federal TIN (taxpayer identification number), also referred to as an EIN (Employer Identification Number), for identification purposes. In order for a government entity to receive a determination of its status as a political subdivision, instrumentality of government, or whether its revenue is exempt under Internal Revenue Code section 115, it must obtain a letter ruling by following the procedures specified in Revenue Procedure 2006-1 or its successor. There is a fee associated with obtaining a letter ruling. As to IRS issue " letter'. Wt Y 1AAev a sggiallservice aovemment entities will a ve nt affirmation zee of charge. You may request this letter by calling the IRS Tax Exempt/Government Entity Cincinnati Call Site at 1-877-829-5500. The letter describes government entity exemption ULCtA from Federal income tax and citing applicable Internal Revenue Code sections pertaining to deductible contributions and income exclusion. It is based on information that IRS possesses, 66ut such as a Section 218 Agreement with the Social Security Administration, and other historical information that indicates that an organization appears to be a government entity. Most organizations and individuals will accept the government affirmation letter as the they �Itt substantiation need. Government entities can request a government affirmation letter by calling 1-877-829-5500. ,,,�, yghh1,, U�"A, Oft-, 0l, ;q Ji r1k . http://www.irs.gov/govt/fslg/article/0„id2--112708,00.html 11/17/2006 Agenda Item #.## Consider a resolution authorizing the transfer of surplus bicycles to the Lubbock Independent School District. Item Summary The Purchasing and Contract Management Department is respainsible for the disposition of all City -owned surplus and salvage property. City Council may authorize the transfer of such property to other governmental agencies and to charitable and civic organization located in the City, provided that the property is used to perform a function for the benefit of Lubbock residents. This item involves the transfer of surplus bicycles from the Police Property Room to Lubbock Independent School District. LISD will provide the surplus bicycles as prizes to students with good citizenship, grades and perfect attendance. Elementary students who qualify will have their name placed in a drawing every six weeks. Schools that have provided bikes as incentive prizes have experienced a dramatic increase in student attendance, citizenship, and grades. Fiscal Impact No fiscal impact anticipated. Staff Submitting/Recommendation Jeff Yates, Chieft Financial Officer. Staff recommends approval. City Council Meeting P.O. Box 2000 • 1625 13th Street * Lubbock, TX 79457 (806) 775-3002 * Fax: (806) 775-2051 Office of the City Manager DATE December 4, 2006 TO Lee Ann Dumbauld, City Manager FROM Marta Alvarez, Purchasing Manager SUBJECT Transfer of City Surplus Under the City's Purchasing Policies and Procedures, the Purchasing and Contract Management Department is responsible for the disposition of all City -owned surplus and salvage property. Pursuant to this policy, City Council may authorize the transfer of such property to other governmental agencies and to charitable and civic organizations provided the organization performs a function for the benefit of the residents of the City of Lubbock. All requests for transfer of surplus City property is required to be submitted on City approved forms and addressed to the Purchasing Manager, who reviews the requests and makes a written recommendation to the City Manager. If approved by the City Manager, the request must be submitted to the City Council for their review and approval. Please accept this letter as my recommendation to approval the Application for Eligibility to transfer surplus bicycles from the Police Property Room to Lubbock Independent School District. LIED will provide the surplus bicycles as prizes to students with good citizenship, grades and perfect attendance. Elementary students who qualify will have their name placed in a drawing every six weeks. Schools that have provided bikes as incentive prizes have experienced a dramatic increase in student attendance, citizenship, and grades. Once you have approved and returned the attached Application for Eligibility, I will place this item on the next available City Council agenda for approval.