HomeMy WebLinkAboutResolution 38-82 -Lifornia State Department of Education
five of Surplus Property
1 Capitol Mall,Sacramento,CA 95814
' P Form No. 202(381)
RESOLUTION No. 38-82
"BE IT RESOLVED by the Governing Board,OR by the Chief Administrative Officer of those organizations which do not
have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and
signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus
property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side
of this form."
NAME TITLE SIGNATURE
(Print or type.)
DONALD L: LEIB PUBLIC WORKS SUPERINTENDENT
LAWRENCE McPHERSON PUBLIC WORKS DIRECTOR �^
RALPH H. DOWELL, JR. FINANCE DIRECTOR
AIURRAY .L WARDEN CTTV MANAC„RR
PASSED AND ADOPTED this 9th day of Auqust ,19_8x_,by the Governing Board of
City of Atascadero
by the following vote: Ayes: 5 ;Noes: fi ;Absent:—0 .
I Barbara Norris Clerk of the Governing Board of
the City of Atascadero do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board at a reqularnteeting thereof held at its regular place of
meeting at the date and by the vote-above stated, which resolution is on file in the office of the Board
City of Atascadero
Name of organization "
P O nnx 747 ,
Mailing address
Atascadero, Ca. 93423 [ g la� � t
Si necJ ,
City County ZIP code li
OR
AUTHORIZED this day of , 19 ,by:
Name of chief administrative officer Title
Name of organization
Mailing address
[Signed
Nty County ZIP code
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(i) It is a public agency; or a nonprofit educational or public health institution or organization,exempt from taxation under Section 501
of the internal Revenue Code of 1954;within the meaning of Section 2030)of the Federal Property and Administrative Services Act of 1949,
as amended.and the regulations of the Administrator of General Services.
(2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a gi
politi.zl area one or more public purposes,or.if a nonprofit tax-exempt institution or organization,the property is needed for and will be useu
by the recipient for educational or public health purposes,and including research for such purpose.The property is not being acquired for any
other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency.
i 3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued
under Tale Vi of the Civil Rights Act of 1964.Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949,as
amended, Section 504 of the Rehabilitation Act of 1973,as amended,and Section 303 o1 the Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(t) 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 donee shall immediately notify the state agency and, at the donee's expense,return such property to the state agency,or
otlier%%ise make the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by
the state agency.
(2) Such special hand?ing or use limitations as are imposed by General Services Administration (GSA) on any item(s)of property listed
hereon.
(3) In the event the property is not so used or handled as required by (13)(1) and (2), title and right to the possession of such property
shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as
GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A
UNIT ACQUISITION COST OF 53.000 OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET ORMORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s)for which acquired and for no other purpose(s).
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a
period of 18 months from the date the property is placed in use, except for such items of major equipment,listed hereon,on which the state
agency designates a further period of restriction.
(3) in the event the property is not so used as required by (C)(1) and (2) and federal restrictions(13)(1) and(2)have expired then title
and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall Tele
such property to such person as the state agency shall direct. v
(D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by(B)and(C)above
remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it
permanently, for use outside the state,without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale,
trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency,
shall be remitted promptly by the donee to GSA or the state agency,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 donee from the date it receives the property through the period(s) of time the conditions imposed by(B)and(C)remain in effect,
without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state
agency, as the :ase may lbe;the proceeds of the disposal or the fair market value or the fair rental value of the property at the tirne of such
disposal,as determined by GST or the state agency.
(3) If at apy time f orR fie date it receives the property through the period(s)of time the conditions imposed by(S)and(C)remain in
effect, any of the property listed hereon is no longer suitable,usable,or further needed by the donee for the purpose(s) for which acquired,the
donee shall promptly notify thr'State agency, and shall, as directed by the state agency, return the property to the state agency, release the
property to an,they donee or another state agency or a department or agency of the United States,sell,or otherwise dispose of the property.
The-proceeds from any,vle s:ha`be remitted promptly by the donee to the state agency.
(4) The donee 'shall tnAe reports to the state agency on the use, condition, and location of the property listed hereon, and on other
pertinent matters as nlak t6required from time to time by the state agency.
(5) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions
pertinent thereto in(D)by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an"as is,""where is"basis,without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to
donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from
the donee out of the insurance proceeds,of art amount equal to the unamortized portion of the fair value of the damaged or destroyed donated
items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE 1N LENGT,.,
HAVING AN ACQUiS1TION COST OF 53,000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
FBO 246 DE 12202 3-81 3M