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Res13 P-2192
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Res13 P-2192
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Last modified
2/25/2013 8:51:44 AM
Creation date
2/25/2013 8:51:44 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
Port Authority
Date
2/13/2013
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� �� p � <br /> CERTIFICATIONS AND AGREEMENTS ONCLUDING TERMS, CONDITIONS, <br /> RESERVATIONS AND RESTRICTIONS) TO BE INCLUDED ON <br /> AGENCY ISSUE OR DISTRIBUTION DOCUMENT <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 <br /> Section 501 of the Intemal Revenue Code of 1986;within the meaning of Section 203(j)of the Federal <br /> Property and Administrative Services Act of 1949,as amended,and the regulations of the General <br /> Senrices Administration(GSA). <br /> 2. The property is needed and will be used by the recipient for carrying out for the residents of a given <br /> politipl area one or more public purposes,or, if a nonprofit tax-exempt institution or organization or 8(a) <br /> business,the property is needed for and will be used by the recipient for educational or public health <br /> purposes, or for programs for older individuals,or for business purposes.The property is not acquired <br /> for any other use or purpose,or for sale or other distribution;or for permanent use outside the State, <br /> 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, <br /> and that property is not being acquired for any other use(s)or purpose(s), is not for sale. The fee <br /> schedule is available upon request from the CSASP. <br /> 4. Any transaction shall be subject to the nondiscrimination regulations goveming the donation of federal <br /> surplus personal property issued under Title VI of the Civil Rights Act of 1964(41 <br /> USC 2000d-2000d-4a), as amended,section 504 of the Rehabilitation Act of 1973,as amended,Title 1X <br /> of the Education Amendments of 1972,as amended,section 303 of the Age Discrimination Act of 1975, <br /> and the Civil Rights Restoration Act of 1987. <br /> 5. If the Donee is designated by the Federal Small Business Administration 8(a)Program as a socially and <br /> economically disadvantaged small business and the SBA and CSASP have both determined the Donee <br /> is eligible to receive federal surplus property as a donation,the Donee certifies that the property <br /> acquired is needed and will be used solely for the conduct of the Donee's business enterprise:and the <br /> Donee certifies to 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 <br /> motor vehicles, regardless of acquisition cost,shall be placed in use for the purpose(s)for which it was <br /> acquired within one year or receipt,and shall be placed in continuous use for one year from the date the <br /> property was placed in use. In the event the Donee does not placed the property in use,or continuous <br /> use,the Donee shall immediately notify the CSASP,and,at the Donee's expense,make the property <br /> 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 item(s)under which the <br /> 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)and(2)below,at the <br /> option of the GSA,title and right to the possession of such property shall revert to the United States of <br /> America and, upon demand,the Donee shall release such property to such person as GSA or its <br /> designee shall direct. <br /> C. The Donee Agrees to the Following Conditions Applicable to Items with a Unit Acquisition Cost of <br /> �5,000 or More and Passenger Motor Vehicles,Regardless of Cost Except Vessels 50 Feet or More <br /> in Length and Aircraft Regardless of Acquisition Cost: <br /> 1. The property shall be place in use within one year of receipt,and shall be used only for the purpose(s) <br /> for which it was acquired and for no other purpose(s). <br /> 2. There shall be a period of restriction which will expire after such property has been used for the <br /> purpose(s)for which it is acquired for a period of 18 months from the date the property is placed in use, <br /> except for such item(s)of major equipment for which the CSASP designates a further period of <br /> restriction. <br /> 3. In the event the property is not so used as required by Sections C(1)and(2),at the option of the <br /> CSASP,title and right to the possession of such property shall,at the option of the CSASP, revert to the <br /> State of Califomia,and the Donee shall release such property to such person as the CSASP shall <br /> direct. <br /> RESO P-2192 ���'� <br /> ..r'.� <br />
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