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Certifications and Ag�eements inciuding Tertns,Conditions,Reservations and Restrictions to be included
<br /> On Agency Issued or Distribution Documents
<br /> A) The Donee Certifies That:
<br /> 1)It is a public agency;or an approved non-profit institution or organization,exempt from taxation under Section 501 of the Intemal Revenue Code of
<br /> 1986;within the meaning of Section 2D3Q)of the Federal Property and Administrative Services Act of 1949,as amended,and the regulations of
<br /> the General Services Administration(GSA).
<br /> 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,
<br /> if a nonprofit tax-exempt institution or organization or 8(a)business,the property is needed for and will be used by the recipient for educational or
<br /> public heaith purposes,or for programs for older individuals,or for business purposes.The property is not acquired for any other use or purpose,
<br /> or for sale or other distribution;or for permanent use outside the State,except with prior approval of the CSASP.
<br /> 3) Funds are available to pay any and all costs and charges incidental to the receipt of surplus property,and that property is not being acquired for
<br /> any other use(s)or purpose(s),is not for sale. The fee schedule is available upon request from the CSASP.
<br /> 4) Any transaction shall be subject to the nondiscrimination regulations governing the donation of federal surplus personal property issued under Title
<br /> VI of the Civil Rights Act of 1864(41
<br /> USC 2000d-2000d�a),as amended,section 504 of the Rehabilitation Act of 1973,as amended,Titte IX of the Education Amendments of 1972,
<br /> as amended,section 303 of the Age Discrimination Act of 1975,and the Civil Rights Restoration Act of 1987.
<br /> 5) If the Donee Ps designated by the Federal Small Business Administration 8(a)Program as a socially and economically disadvantaged small
<br /> business and the SBA and CSASP have both determined the Donee is eligible to receive federal surplus propeRy as a donation,the Donee
<br /> 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
<br /> A.(3),(4)and(5),
<br /> B) The Donee Agrees to the Following Federal Conditions:
<br /> 1) All items of property,other than items with a unit acquisition cost of$5000 or more and passenger motor vehicles,regardless of acquisition cost,
<br /> shall be placed in use for the purpose(s)for which it was acquired within one year or receipl,and shall be placed in cont+nuous use for one year
<br /> from the date the property was placed in use.In the event the Donee does not place the property in use,or continuous use,the Donee shall
<br /> immediately notify the CSASP,and,at the Donee's expense,make the property;available for transfer or other disposal as directed by the CSASP.
<br /> 2) Special handling or use limitations as are imposed by Federal GSA on any iterti�J under which the item(s)are being allocated to the Donee.
<br /> 3} In the event the Donee does not use the property as required by Sections C(1)�d(2)below,at the option of the GSA,title and right to the
<br /> possession of such property shall revert to the United States of America and,upot�;demand,the Donee shall release such property to such person
<br /> as GSA or its designee shall direct. _..... ..
<br /> C) The Donee Agrees to the Following Condltlons Applicable to Items.vr€E1r 8::#�nit Acquisffion Cost of;5,000 or More and Passenger Motor
<br /> Vshicles,Regardless of Cost. Except Vessels 50 Feet or More in.4�tingth ai�itf Aircratt Regardless of Acquisition Cost:
<br /> 1) The property shall be place in use within one year of receipt,an��sttall he:tised only for the purpose(s)for which it was acquired and for no other
<br /> purpose(s).
<br /> 2) There shall be a period of restriction which will expire after;�u�It��Fpgertjf:#s�s been used for the purpose(s)for which it is acquired for a period of
<br /> 18 months from the date the property is placed in use,ex�ept for siicE�:iterrf(s)of major equipment for which the CSASP designates a further
<br /> period of restriction.
<br /> 3) In the event the property is not so used as required by$`igctions C(1):.#�d(2),at the option of the CSASP,title and right to the possession of such
<br /> property shall,at the option of the CSASP,reveR to the S!'�te of Cali�qtnia,and the Donee shall release such property to such person as the
<br /> CSASP shall di�ect.
<br /> D) The Donee Agress to the Following Terms,Resip#vations ar1�1::Restrictions:
<br /> 1) From the date it receives the property and throiighout the tiEiiie period(s)imposed by Sections B and C(as applicable)remain in effect,the Donee
<br /> shall not sell,trade,lease,lend,bail,cannibalize;<�ump�f`;or othervvise dispose of such property,or remove it permanently,for use outside the
<br /> State of California,without the prior approval of GSA nr'flie CSASP. The proceeds from any sale,trade,lease,loan,bailment,encumbrance or
<br /> other disposal of the property,when the GSA or the CSASP authorizes such action,shall be remitted promptly by the Donee to GSA or the
<br /> CSASP,as applicable. If the Donee takes action in ignoring or disregarding the foregoing restrictions after the date the Donee received the
<br /> property and before expiration of the time periods imposed by Sections C or D as applicable,at the option of the GSA or the CSASP,the Donee
<br /> shall pay to the GSA or the CSASP any proceeds derived from the disposal,and/or the fair market or rental value of the property at the time of
<br /> such unauthorized disposal as detertnined by the GSA or the CSASP as applicable.
<br /> 2) If at any time,from the date the Donee receives the property throughout the time periods by Sections B and C as applicable,the Donee
<br /> 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
<br /> shall promptly notify the CSASP and shall,as directed by the CSASP,return the propeRy to the CSASP,or release the property to another ponee
<br /> 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
<br /> proceeds from the sale promptly to the CSASP.
<br /> 3) The Donee shall make reports to the CSASP which shall state the use,condition,and location of the property,and shall report on other pertinent
<br /> matters as may be required from time to time by the CSASP.
<br /> 4) At the option of the CSASP,the Donee may abrogate the conditions set forth in Section B and the tertns,reservations and restrictions pertaining in
<br /> Section D by payment of an amount as determined by the CSASP.
<br /> E) The donee Agrees to the Following Conditions,ApQlicable to all Items of Property:
<br /> 1) The property acquired by the Donee is on an"As Is,""where is"basis,without warranty of any kind.
<br /> 2) If the Donee carries insurance against damages to or loss of property due because of fire or other hazards,and the damage to,loss or destruction
<br /> to donated property with unexpired tertns,conditions,reservations or restrictions,occurs,the CSASP will be entitled to reimbursement from the
<br /> Donee out of the insurance proceeds,in an amount equaf to the unamortized portion of the fair value of the damaged or destroyed donated
<br /> property.
<br /> F) Terms,conditions,reservations and restrictions set foRh in the Conditional Transfer pocument executed by the authorized Donee
<br /> representative are applicable to the donation of Aircratt and Vessels of 50 Feet or more in length having an acquisition cost of 55,000 or
<br /> more(n length or more,regardless of the urpose for which acquired.
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<br /> S1GN�TURE: .,fC. � DA"fE: nPCPmher 73� 7n15
<br /> Michael J. Giari xecutive Director
<br /> RESO P-2303
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