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HomeMy WebLinkAboutResolution - 2006-R0553 - Authorize Transfer - Goodwill Industries - Surplus & Salvage Property - 11_21_2006Resolution No. 2006-RO553 November 21, 2006 Item No. 5.6 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 WHEREAS, the City Council finds that the services provided by Goodwill Industries of Lubbock, Inc. (herein called the "Transferee"), a Texas Non-profit Corporation, provide a significant 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 Z1st day of November , 2006. DAVID A. MILLER, MAYOR ATTEST: QVY—) , '--e "- o Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Im Jr-4'- a Li4' � MaAAjvarez, Purchasing Minager APPROVED AS TO FORM: Amy Assislf7mt City Attorney gs:/ccdocslCont Goodwill Industries -city surplus property.res Nov. 10, 2006 CITY OF LUBBOCK Resolution No. 2006-RO553 APPLICATION FOR ELIGIBILITY To Receive City Surplus Property 1. LEGAL NAME & MAILING ADDRESS OF APPLICANT ORGANIZATION Goodwill Industries of Lubbcock 1-75-1245440-0 Name of Organization Federal Tax ID# 715 28`h Street Lubbock Texas 79404 Mailing Address (P.O. Box #, Street, City & State) Zip Code Same Street Address/Location (if different from mailing address) Lubbock (_806 )_744-8419 County Telephone # I1. APPLICANT STATUS (CHECK ONE): Q Civic Organization (evidence must be �__l Governmental Agency provided) X Charitable Nonprofit Tax-exempt Organization III. TYPE OR PURPOSE OF ORGANIZATION State College or University Child Care Center Training Center Medical Institution County Secondary School c ool for Han icappe Radio/TV Station Hospital City Elementary School School for Retarded Library Health Center School District Preschool Museum Sheltered Workshop Training Program C:!Iro�gram for Older Individuals Provider of Assistance to Homeless Individuals Other (specify) Training individuals who have barriers to employment Clinic IV. PROVIDE A WRITTEN DESCRIPTION OF PROGRAM OR SERVICES OFFERED, INCLUDING A DESCRIPTION OF FACILITIES OPERATED. (REQUIRED) Currently Goodwill Industries of Lubbock operates 2 GED classes, We also offer (2) computer skills class. One class is specific training to students to be able function successfully in an "in bound" call center. The second class is marketed to senior citizens of Lubbock and is a "Basic Computer Skills Class". Our Janitorial Contracts employ approximately 30 employees. Approximately 65% have a disability. We are in the process of developing three other traininglemployment opportunities to people with disabilities and or barriers to employment. They are Medical Transcription Services, Clerical Temporary Services, and a Computer Works Store that will assist people coming from a correctional facility and assist them in their efforts to transition back into the community. V, SOURCES OF FUNDING (Attach Supporting Documentation): Tax Supported Grant Contributions Other (Specify) Material Donations which are Sold in our Stores, and Janitorial and Clerica o racts r. . THE ORGANIZATION BEEN DETERMINED TO BE TAX EXEMPT UNDER THE INTERNAL REVENUE CODE?: _YES (COPY REQUIRED) VI. HAS THE ORGANIZATION BEEN APPROVED, ACCREDITED, OR LICENSED? _Yes (COPY REQUIRED) BY WHAT AUTHORITY? Department ofAssistive and Rehabilitation Services _t0/10/06 Date The applicant has been determined As a civic organization Eligibility expires: City Manager J Anna Braye, CEO � N-� Signature of Authorized Official FOR CITY USE ONLY eligible nonprofit education ineligible nonprofit health Account # Date governmental agency PUR-050 (Revised 5/17/00) November 21, 2006 Date MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING ,MANAGER, BOX 2000, LUBBOCK, TX 79457. PUR-050 (Revised 5/17/00) CERTIFICATIONS AND AGREEMENTS (a) THE TRANSFEREE CERTIFIES THAT; Exhibit "A" (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 govemmental 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 sate 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 property 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, bailment, 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 transferred 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 t l Surplus computer hardware and components as they be come available. n NAME OF ORGANIZATION (TRANSFEREE) IGNATURE OF AUTHORIZED OFFICIAL I d � C� ✓ U DATE TITLE MAIL COMPLETED FORMS TO: CITY OF LUBBOCK PURCHASING MANAGER, BOX 2000, LUBBOCK, TX 79457. 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 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 completcd 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 sufficient 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 older individuals must include evidence of funding under the Older Americans Act of 1965; the Social Security Act; the Economic Development Act of I964; 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 VIII: 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 5/17/00) Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 DATE October 26, 2006 �a TO Lee umba ,City Manager FROM Marta Alvarez urchasing Manage *� SUBJECT der 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 accept the Application for Eligibility to receive surplus property from Goodwill Industries of Lubbock for surplus computer hardware and components to as they become available. Goodwill Industries will utilize the surplus computer components at their 715 28th Street facility to provide Lubbock citizens with disabilities the opportunity to obtain their General Education Development degree and to gain computer skills. The computer hardware and components will also help provide Lubbock senior citizens with basic computer skills classes and Lubbock citizens released from correctional facilities with training on reassembling computer components. 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. 04/30/2004 18:31 F-JJ 513 262 3756 TE;GE CINTI R002/003 Internal Revenue Service Date: April 30, 2004 Goodwill Industries of Lubbock, Inc. 715 28'" Street Lubbock, TX 79404-1609 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, ON 45201 Person to Contaa .- Mrs. Coghill 31-07426 Customer Service Representative Toll Free Telephone plumber: G.W a.nL to 6:30 pin. EST 877-829-5500 Fax Number. 513-263.3756 Federal Identification Number: 75-1245440 This is in response to your request of April 30, 2004, regarding your organization's tax-exempt status. In April 1968 we issued a determination lever that recognized your organization as exempt from federal income tax Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described In sections 509(axi) and 170(b)(1)(A)(vi). This oiassification was based on the assumption that your organization's operations would continue as stated In the application_ If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Retum of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a retum is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization_ is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code_ However, these organizations are not automatically exempt from other federal excise taxes_ Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet ft applicable provisions of sections 2055, 2106, and 2522 of the Code. j04 18:31 FAX 513 263 3756 TE/GE CIN"TI Z003/003 -2- Goodwill Industries of Lubbock, Inc_ 75-1245440 Your organization is not required to file federal income tax retums unless it is subject to the tax on unrelated, business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Section 6104 of the Intemai Revenue Code requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return_ The law also requires organizations that received recognition of exemption on July 15, 1987, or later, to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any Individual who requests such documents In person or in writing. Organizations that received recognition of exemption before July 15, 1987, and had a copy of their exemption application on July 15, 1987, are also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. For additional information on disclosure requirements, please refer to Internal Revenue Bulletin 1999 - 17_ Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, A4m-4,�Aj&) Janna K. Skufca, Director, TEIGE Customer Account Services quadmill INDUSTRIES OF LUBBOCK, INC. 715 28TH STREET • LUBBOCK, TX. 79404 • (806) 744.8419 • FAX (806) 741-1352 M October 11, 2006 Mayor David Miller City of Lubbock 1625 131h Street Lubbock, Texas 79401-3830 Dear Mayor Miller: Goodwill Industries has been putting people to work since 1902. Dr Edgar J. Helm's vision was to provide opportunities for work to people with disabilities. Goodwill Industries of Lubbock opened its door in 1968. Our vision is the same today as it was when Dr. Helm's opened the first Goodwill in Boston in 1902. It is about reducing "Welfare" by increasing job training. For jobs that pay wages to sustain a family. Goodwill's across the country have seen a reduction in federal and state dollars available for training specific populations to return to work. Goodwill Industries is Lubbock would like to mirror a pilot project which began in Austin. The "Goodwill Works" computer store will solve multiple problems facing our Goodwill. First Goodwill receives computers in their donation stream everyday and with the rise of identity theft and EPA and landfill restrictions Goodwill must find alternative methods of handling these donations. We plan on "demanufacturing" the computer, wiping the hard drives of personal/governmental information and then selling the computer as an entire system or selling the parts. It is our vision to use this pilot project and ultimately new store, to generate the revenue to support the work of "demanufacturing" the computers and to sustain the work training to reassemble and sell computers/parts. Our target population for this program is the people coming out of the correctional system. We have found that all of us have family or know someone who has made mistakes in their lives; paid their debt to society and then when they are back in their community they cannot find work. It is our objective to use the "Goodwill Works" computer store to provide transition work services to this forgotten group of people. We feel that by providing work opportunities we will help stop the cycle of crime and ultimately stop the cycle of prison re-entry. We are asking the City of Lubbock to donate the computers that are recycled out of your offices daily to Goodwill Industries. Our request is for an on going donation of computers and computer related equipment to be donated by the City of Lubbock which will assist us in this very important program. With this partnership and other partnerships in the city we can make a difference in the lives of those who live in our West Texas Community. Please let me know if you have any further questions and I will be happy to make a presentation to any group you may find appropriate regarding our project or answer any questions you may have personally. Sincerely, Anna Braye Chief Executive Officer Goodwill Industries of Lubbock, Inc. MAYORMILLERLTR ]01106/WORD/CORRESP Goodwill The Power of Work It's about having a chance, not charity. It's about feeding one's family with money that's earned. It's about having a job. It's about the self-respect that comes with a paycheck. It's about lowering crime by raising job skills. It's about helping children by hiring their parents. It's about reducing welfare by increasing job training, for jobs that pay real wages, to support and strengthen real families Yeah, it's about job training! And that's what we're about! Goodwill Industries of Lubbock, Inc. "We Believe in the Power of World"