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<br />6.2A
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<br />A. THE DONEE CERTIFIES THAT: Paoe 7
<br />(1) It is a publie ageney; or an approved nonprofit organization, exempt from taxatioD under Section SOl of the Internal Revenue ~ode of
<br />1954; within the meaning of Seetion 2030> of the Federal Property and Administrative Services Ad of 1949, as amended.
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<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
<br />purposes, or, if u approved nonprofit tax...eJ:empt organization or 8(a) business, the property is needed for and will be used by the
<br />recipient for educational or pubUc health purposes, or for programs for older individuals, or for business purposes. The property is not
<br />acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval
<br />of the State Agency for Surplus Property, bereafter referred to "die SASP'.
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<br />(3) Funds are available to pay any and all eosts and charges mcidental to the receipt of surplus property, that the property is not beina
<br />acquired for any other use(s) or purpose(s), is not for sale.. Fee schedule is available upon request from the CalltornJa SASP.
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<br />(4) Any transadioD shaD be subject to the Dondiserimination regulations loverning the donation of federal surplus perlODal property issued
<br />under Title VI of the CivU Rigltts Ad of 1964, (41 use 2000d-2OOOd-4a), as amended; SeedOD 504 8fthe Rehabilitation Ad of 1973 (29
<br />use 794~ u amended; Title IX of fbe Education Amendments of 1971 (20 U.s.c. 1681-1688), as .mended; and Seelio. 303 of the Age
<br />Disertminatlon Act of 1975 (42 use 6101-6107).
<br />(5) If the Donee is desipated by the Fedenl Small Business Administration 8a Program as a socially and eeoDomieally disadvaDbged small
<br />business and the SASP bas determined the Donee is eligible to receive federal surplus penonal property as a donation, the Dooee certifies
<br />that the property acquired Is needed and wiD be used solely for the eondud of the Donee's business enterprise; and the Donee eertifies to
<br />A. (3), A. (4), and A. (5) above.
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<br />B. The Donee qrees to the following federal conditions:
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<br />(1) All item. of property, other than items with . .nit aeqUisitioD cost of S5,OOO or mor.. and passeqer motor vebieles, regardless of
<br />acquisitioo cost, shall be placed in use for the purpose(s) for whkh acquired within ooe year of receipt, and shall be plaad in continuous
<br />UIe for one year from tbe date the property was placed in use. In the event the Donee does not so plaee the property in use, or in
<br />continuous use, the Donee shall immediately notify the SASP and, at the Donee's expense. make the property available for transfer or
<br />other disposal as directed by the SASP.
<br />(2) Spetial ....dling or UR UmltatiODI a. are imposed by the Federal General ServtCeI Administration (GSA) on oy item(s) of property UDder whleb the
<br />iteDl(l) are bel.. aIIoeated to the Donee.
<br />(3) In the event tbe Donee does 8,Ot 10 use the property as required by C. (1) and C. (2), above, at tile option of tile GSA title and ript to the
<br />possessioa of luch property shaD revert to the United States of Amerka and. apoD delll4Bd~ the DoIIee sbaJJ release such property to Hcll
<br />penon as the GSA or its desipee shall direct.
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<br />C. The Donee ....ees to the folknving conditions applicable to items with a unit acquisition eost of $5,000 or more and passenger motor vehicles,
<br />except veuels of 50 feet or more in length and aircraft, regardless of acquisitioD cost:
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<br />(I) The property shall be plaeed in use within one year of receipt and shalt be used only for tbe purpose(s) for wbich acquired and for DO other
<br />PUrpose(I).
<br />(2) There shall be . period of restridioll whida will expire after such property bas been uaed for the purpose(s) for wlaiell acquired for 18
<br />month. from tbe date the property Is placed in use, exeept for suela itelD(s) of major equipment ror wlliell tbe SASP designates. further
<br />period of restrietlon.
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<br />(3) In tbe event the property is Dot so used 1.1 required by C. (1) and C. (1), above, at the option of the SASP title and right to the possession of
<br />.uch property shall revert to the State of California, and the Donee sbaD release sDcb property to suell person, as the SASP Ihall direct.
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<br />D. ne Donee agrees to the following terms, reservations and restrietions:
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<br />(1) From the date the DODee reeeives the property and throughout the time period(s) imposed by B. or C. above (as applicable) remai. in
<br />effect. the Donee shall lIot seD, trade, Jease, lendt bail, aD.ibalize, eDeIImber, or otIIenrise dispose of sueb property or remove it,
<br />permanently for ule outside the State of California without the prior approval of the GSA or the SASP. The proeeeds from any sale,
<br />trade, lease, loan, baUment, elleambraoC8, or other disposal of the property, when the GSA or the SASP authorizes sueh aetton, shall be
<br />remitted promptly by the Donee to the GSA or the SASP, as applicable. If. Donee takes action in ignoring or disregarding the foregoing
<br />restrictions after the dati! the Donee receives the property and before expiration of the time periods imposed by C. or D. as applicable at
<br />die OptlOD of tbe GSA or tbe- SASP, tile nonee sball pay to the GSA or tile SASP aDY proceeds derived from the disposal, aDdlor the fair
<br />market or fair rental value of the property at tile time of sum unauthorized disposal as determined by the GSA or the SASP as applicable.
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<br />(2) If at any time from the date tbe Donee receives the property and throughout the time periods imposed by B. or C. above (as applicable) the
<br />Donee determines that some or all of the property is no longer suitable, usable, or further needed for the purpose(s) for whicb it was
<br />acquired, the DoDee sball promptly notify the SASP and sh.1I, as directed by tbe SASP, return the property to tilt SASP, or release the
<br />property to anotber Donee or another state agency or a department or ageeey of the U oited States, or sell or otberwise dispose of the
<br />property. The Donee shan remit tbe proceeds from any sale promptly to the SASP.
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<br />(3) 11ae Donee .haIl make reports to the SASP wIIich shall state the BSe, conditio. aDd loeatioD of the property, .Dd shall report on other
<br />pertinent ..atters IS may be required from time to time by the SASP.
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<br />(4) At tile option of the SASP, the Donee may abrogate the conditions set forill in B, above., and the terms, reservations and restrictions
<br />pertaiDiDg thereto in D by payment of an amount determined by the SASP.
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<br />TERMS AND CONDITIONS
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<br />E. The Donee agrees to the following conditions applicable to all items of property:
<br />(1) The property acquired by the Donee is on aa "u is," "where is" basis without warranty of any kind.
<br />(2) If tbe Donee arries iIIsurallee apiest damaps to or loss of property because of fire or otlJer bazarc:ll, a.d clam.. to, loa or destrudiOD
<br />of donated property with unexpired terms, coDditifJDs, reservations or restrictions oeeurs, tile SASP will be entitled to rebabunem.eat from
<br />the Donee out of the insurace proceeds ia aD amount equal to tile unamortized portio. of the fair value of tile lost, damaged or destroyed
<br />property.
<br />F. Terms, eonditions, reservations and restridiollS set forth in the Conditional Transfer Document executed by the authorized Donee
<br />representative are applicable to the donation of aircraft and vessels of 50 feet or more in length baving an acquisition eost of 55,000 or more,
<br />regardless of the purpose for wbicb acquired.
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