HomeMy WebLinkAboutReso 1982-10811
RESOLUTION NO. 10811
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DESIGNATING AUTHORIZED CITY REPRESENTATIVES TO
ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA
STATE AGENCY FOR SURPLUS PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order that the officials whose
names, titles, and signatures are listed below shall be and are
hereby authorized as our representatives to acquire federal
surplus property from the California State Agency for Surplus
Property under the Terms and Conditions attached hereto and
incorporated herein by reference as if set forth in full:
Name
Ti tle
~.~
N9~
Lane F. Cole
City Manager
W. J. Robens
Development Services
Administrator
Presented by
Approved as to form by
~
Lane F. Cole, City Manag~
~
Georg
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198 2 , by the following vote,
by the CITY
23rd day of
to-wit:
COUNCIL of the CITY OF
March
,
Campbell, McCandliss, Scott, Cox, Gillow
AYES: Councilmen
NAYES: Councilmen
None
ABSENT: Councilmen
None
ATT"T JZ,Y"A';' f}} fif2 "&",j ~"YO< 0
~ City Cler
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above
is a full, true and correct copy of Resolution No. , and
that the same has not been amended or repealed. DATED
City Clerk
wn..soNants
>erlnlendenl of Pl,:b:ic Instruction
and 01.rKt<;lr of Edw:::::rtion
I
/, ~~
.
.
STATE OF CALIFORNIA
DEPARTMENT OF EDUCATION
STATE EDUCATION BUILDING. 721 CAPITOL MALL. SACRAM1:NTO 95814
Federal regulations require that our files of agencies and organi-
zations eligible to participate in the Surplus Personal Property
Program contain, when applicable, current evidence of approval,
accreditation or licensing.
Please forward evidence that the program(s) for which you have
.~stablished eligibility is/are currently approved, accredited or
iicensed. If we do not hear from you within 30 days from the date
of this letter, we will assume you are no longer interested in the
property donation program and your eligibility to participate in
the program will be terminated.
~he regulations also require that complete eligibility files be
Updated at least once every three years. If your eligibility file
is in need of updating, application forms have been enclosed for
this purpose. Please return the completed forms to us as soon as
possible.
Sincerely yours,
~. -.~ c::;;.---
7~ C:::--~
R. W. Evans, Chief
Surplus Property Section
Office of Surplus Property
(916) 323-8521
K-/tJ F//
,
California State Department of Education
State Agency for Surplus Property
721 Capitol Mall, Sacramento, CA 95814
SASP Fmm No. 201 (10-77)
STATE OF CALIFORNIA
APPLICATION FOR ELIGIBILITY
FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
Before preparing this application, please read carefully the definitions given under Part B. Fill out all applicable sections.
PartA.
Legal name of organization
Address 276 Fourth
CITY OF CHULA VISTA
Avenue City Chula
Vista
Telephone
County San Di eqo .
575-5031
7\p920 I 0
-
1. Application is being made as a (please check one) (a) Public agency 19<0r (b) Private, nonprofit and tax-exempt educational or public
health organization O. Please provide evidence that the organization is a public agency or enclose a copy of the letter or certificate from
the United States Internal Revenue Service evidencing tax-exemption under Section SOl of-the Internal Revenue Code of 1954.
2. Check type of agency or organization and attach a supplement to this application describing the program operations and activities. For
private, nonprofit organizations, the following additional informatibn is required: (a) For educational institutions, include a description
of the curriculum, the number of days in the schooi year, and the number and qualifications of the faculty or staff; (b) If a public health
institution or organization, include a description of the health services offered, qualifications of staff and, if applicable, the number of
beds, number of resident physicians, and number of registered nurses on the staff.
PUBLIC AGENCIES: Check either state 0 or local 119.
o Conservation
o Economic development
o Education
Grade level
NONPROFIT INSTITUTION OR ORGANIZATION:
0- Education
Grade level
(Preschool. university)
Enrollment
No. of school sites
o School for the mentally or physically handicapped
o Educational radio or television station
o Museum
o Library
o Medical institution
o Hospital
o Health center
o Clinic
o Other (specify)
(Preschool, university)
Enrollment
No. of school sites
o Parks and recreation
o Public health
o Public safety
n Two or more of above
o Other (specify)
3. Check if the applicant program is approved 0 ; accredited 0 ; or licensed O. Enclose evidence of such approval, accreditation, or
licensing. If the applicant lacks evidence of formal approval, accreditation, or licensing, check here 0 and refer to the enclosed
instructions.
4. Are the applicant's services available to the public at large? Yes
comprises this group.
. If only a specified group of people is served, please indicate who
5. Checklist of attachments submitted with this application:
o Evidence that applicant's program is a public agency or exempt from paying taxes under Section 501 of the IRS Code of 1954
fi Description of program operations and activities
o Evidence of approval, accreditation, or licensing or information submitted in lieu thereof
U SASP Form No. 202, "Resolution," properly signed, designating representatives authorized to bind the applicant to the terms and
conditions governing the transfer of federal surplus personal property
:Q:. SASP Form No. 203, nondiscrimination compliance assurance
Xl Statement concerning applicant's needs, resources, an ability to utilize
o Other statements or documentation required, as spe d in the instru .
Date:
1/?1/P.?
Signed:
Title:
M~~'gr
FOR ST A:
Application approved:
Comments or additional information:
Application disapproved:
(/- / () J//
Signed:
Director
Date:
PartB.
DEFINITIONS
Accredited: Approval by a recognized accrediting board or
association on a regional, state, or national level, such as state board
of education or health; the American Hospital Association; a
regional or national accrediting association for universities, colleges,
or secondary schools; or another recognized accrediting association,
Approl1ed: Recognition and approval by the State Department of
Education, State Department of Health, or other appropriate
authority. With respect to an educational institution, approval must
relate to academic or instructional standards. An educational
institution may be considered as approved if its credits are accepfed
by accredited or state-approved institutions or if it meets the
academic or instructional standards prescribed for public schools in
the state.
Child care center: A public or nonprofit facility where day care
services such as educational, social, health, and nutritional services
are provided to children through age 14 and which is approved or
licensed by the state or other appropriate authority. :
Clinic: An approved public or nonprofit facility organized and
operated for the primary purpose of providing outpatient public
health services including customary related services such as labora-
tories and treatment rooms.
College: An approved or accredited public or nonprofit institu-
tion of higher learning offering organized study courses and credits
leading to a baccalaurea te or higher degree.
Conservation: A program or programs carried au t or promoted by
a public agency for public purposes involving,directly or indirectl~
the protection, maintenance, development, and restoration of the
natural resources of a given political area. These resources include
but are not limited to the air,land, forests, water, rivers, streams,
lakes and ponds, minerals, and animals, fish, and other wildlife,
Economic development: A program or programs carried out or
promoted by a public agency for public purposes which involvr,
directly or indirectly,efforts to improve the opportunities of a given
political area for the successful establishment or expansion of
industrial, commercial, or agricultural plants or facilities and which
otherwise assist in the creation of long term employment opportun~
ities in the area or primarily benefit the unemployed or those with
low incomes.
Educational inrtitlltion: An otherwise eligible public or nonprofit
institution, facility, entity, or organization conducting educational
programs, including research for any such programs, such as a child
care center, school, college, university, school for the mentally or
physically handicapped, educational radio or television station,
museum, or library.
Educational radio stations: A radio station licensed by the
Federal Communications Commission and operated exclusively for
noncommercial educational purposes and which is public or
nonprofit and tax exempt under Section 501 of the Internal
Revenue Code of 1954.
Educational television station: A television station licensed by the
Federal Communications Commission and operated exclusively for
noncommercial educational purposes and which is public or
nonprofit and tax exempt under Section 501 of the Internal
Revenue Code of 1954.
Heolt/l center: An approved public or nonprofit facility utilized
by a health unit for the provision of public health services, including
related facilities such as diagnostic and laboratory facilities and
clinics.
Hospital: An approved or accredited public or nonprofit institu-
tion providing public health services primarily for inpatient medical
or surgical Care of the sick and injured, including related facilities
such as laboratories, outpatient departments, training facilities, and
staff offices.
Library: A public or nonprofit facility providing library services
free to all residents of a community, district, state, or region.
Medical im:ritution: An otherwise eligible public or nonprofit
institution, facility, entity, or organization the primary function of
which is the furnishing of health and medical services to the public
at large or promoting public health through the conduct of research
for any such purposes, experiments, training, or demonstrations
related to the cause, prevention, and methods of diagnosis and
treatment of diseases and injuries. The term includes but is not
limited to hospitals, clinics, alcoholic and drug abuse treatment
centers, public health or treatment centers, research and health
centers, geriatric center laboratories, medical schools, dental
!i-IO!I;
schools, nursing schools, and similar institutions. The term does not
include institutions primarily engaged in domiciliary care although a
separate medical facility within such a domiciliary institution may
qualify as a "medical institution."
Museum: A public or nonprofit facility which is attended by the
public free or at a nominal charge and which provides museum
services including the preservation and exhibition of artistic,
cultural, historical, or scientific objects.
Nonprofit institution: An educational or public health institution
or organization, no part of the net earnings of which inures or may
lawfully inure to the benefit of any private shareholder or individual
and which has been held to be tax exempt under the provisions of
Section 501 of the Internal Revenue Code of 1954.
Park and recreotion: A program or program s carried ou t or
promoted by a public agency for public purposes which involve
directly or indirectly the acquisition, development, improvement,
maintenance, and protection of park and recreational facilities for
the residents of a given political area. These facilities include but are
not limited to parks, playgrounds and athletic fields, swimming
pools, golf courses, nature facilities, and nature trails.
Public agency: Any state; any political subdivision thereof,
including any unit of local government or economic development
district; any depattment, agency, instrumentality thereof, including
instrumentalities created by compact or other agreement between a
state and another state, a political subdividison, a multijurisdictional
substate district established by or pursuant to state law, or any
Indian tribe, band, grQUp, pueblo, or community located on a state
reservation.
Public health: A program or programs to promote, maintain, and
conserve the public's health by providing health services to
individuals and by the conduct of research, investigations, examina.
tion, training, and demonstrations. Public health services may
include but are not limited to immunization, maternal and child
health programs, sanitary engineering, sewage treatment and
disposal, sanitation inspection and supervision, water purification
and distribution, air pollution control, garbage and trash disposal,
the control and elimination of disease-carrying animals and insects,
and the control of communicable diseases.
Public safety: A program or programs carried out or promoted by
a public agency for public purposes involving, directly or indirectly,
the protection, safety, and law enforcement activities and the
criminal justice system of a given political area. Public safety
programs may include but are not limited to those carried out by
public police departments, sheriffs' offices, the courts, penal and
correctional institutions including juvenile facilities, state and civil
defense organizations, and fire departments and rescue squads
including volunteer fire departments and rescue squads supported in
whole or in part with public funds.
School (except schools for the mentally or physically handi-
capped): A public or nonprofit, approved or accredited organiza-
tional entity devoted primarily to approved academic, vocational, or
professional study and instruction, which operates primarily for
educational purposes on a full-time basis for a minimum school year
and employs a full-time staff of qualified instructors.
School for the mentally handicapped: A facility or institution
operated primarily to provide specialized instruction to students of
limited mental capacity. It must be public or nonprofit and must
operate on a full-time basis for the equivalent ofa minimum school
year prescribed for public school instruction of the mentally
handicapped, have a staff of qualifed instructors, and demonstrate
that the facility meets state and local health and safety standards.
School for the physically IuIndicapped: A school organized
primarily to provide specialized instruction to students whose
physical handicaps necessitate individual or group instruction. The
schools must be public or nonprofit and operate on a full.time basis
for the equivalent of a minimum school year prescribed for public
school instruction for the physically handicapped, have a staff of
qualified instructors, and demonstrate that the facility meets state
and local health and safety standards.
Tax-sup/Wrted organization: One which receives a major portion
of its financial support from moneys derived from state or local
government revenues.
University: A public or nonprofit, approved or accredited
institution of higher education empowered to confer degrees in
special departments or colleges.
F77-2 (Reprint) DE 124]2 9.8] SM
ATTACHMENT I
DESCRIPTION OF PROGRAM OPERATIONS AND ACTIVITIES
This is a municipal operation involved in providing police, fire, library,
public works and other governmental services to a community of approximately
85,000 inhabitants.
?~m
Attachl'lent II
California State Department of Fducation
Office of Surplus Property
721 Capitol Mall, Sacramento, CA 95814
OSP Form No. 202 (3-81)
RESOLUTION
No.
"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), tillers), 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 unde, the Terms and Conditions listed on the reverse side
of this form."
NAME
(Print or type.)
TITLE
SIGNATURE
Lane F. Cole
City Manager
W. J. Robens
npvplo!1mpnt ~pr\lirp~ Arlministr-
PASSED AND ADOPTED this
day of
,19_ , by the Governing Board of
by the following vote: Ayes:_; Noes:_; Absent:_.
I.
, Clerk of tlte G(Jvemill~ Board of
do hereht' rcrtify that tlte foregoing is a lidl. true. and
correct copy of a resolution adopted by the Board at a meeting thereof held at its regular placf: of
meeting at the date and by the vote-above stated, which resolution is on file in the office of the Board.
Name of organiHtion
Mailingaddrt:ss
[Signed]
City
Cuunty
ZIPwde
OR
AUTHORIZED this
day of
,19
, by:
Name of chief administrative oflicer
Title
Name of organization
Mailing address
[Signed I
City
County
ZIP code
I( ~ IVY//
TERMS AND CONDITIONS
(1\) THE DONEE CERTIFIES THAT:
(I) It is a public agency; or a nonprofit cJucati()nat or public he,a1th institution or organization, exempt from taxation under Section 501
of tbe Internal Revenue Code cf 1954; within the meaning of Section 203{j) of the Federal Property and Administrative Services Act of 1949,
a~ ;Hnt'ndcd. and the regulations of the Admini~trator of General Services.
(2) If a public agclll..:Y, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given
politic\1 area 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 educational or public health purposes, and induding 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.
(3) hinds are available to pay all costs and charges incident to donation.
(4) Thi~ transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued
under Title 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 of the Age Discrimination Act of 1975.
(B1 THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(I) All items of property shall be placed in use for the purposl~(S) fpr which acquired within one year of receipt and shall be continued in
use for such purpose(s) 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
other",'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 handling 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 (B)(1) and (2), title and right to the possession of such property
shall at the option of GSA revert to the United States of Amelica and vpon 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
u~n ACQUISITION COST OF Il,OnO OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR i\-10RL IN LENGTII AND AIRCRAFT:
(1) The propt:rty shall be used only for the purpose(s) for which acquired and for no other purpose(s).
(2) There shall be a period uf restriction which \vill L'xpire 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 pbced ill use, except for such items of major equipment, listed hereon, on which the state
agency designates a further period of rcstrictiull.
(3) In the event the propcrty is not _~o \lsed as required by ((')(1) and (2) and federal restrictions (B)(I) and (2) have expired then title
and right to the possession of such properly shall at the option of the state agency revert to the State of California and the donee shall release
such property to such person as the state agency shall direct.
(D) THE DONEE AGREES TO TilE FOLLOWING TERMS. RESERVATIONS, AND RESTRICTIONS:
(1) hom the date it receives the prop~rty listed hereon <.lnd 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, bait, 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 undl'r (C). The proceeds from any sale,
trade, lease, loan, bailment, encumbrance, or other disposal of the property, when ~L,ch action is authorized by G-SA or by the state agency,
shall be remitted promptly by the donee to GSA or the state agency, as the cJ.se may be.
(2) In the event any of the property listed hereon is sold, traded, leasi'd, [o~ln'"d, bailed, ..:annibalized, encumbered, or otherwise disposed
of by the donee from the date it rf:ceives the property through the period(s) of ti:ne the conditions imposed by (B) and (C) remain in effect,
without the prior approval of GSA or the state agency, the dunce, ;.It tile option 01 GSA or the state agency, shall pay to GSA or the state
agency, as the case may be, the proceeds of the disposal or the fair market value or the f;.Iir rtCHtal v<llue of the property at the time of such
dispo.sal, as determined by GSA or the slate ugLIlCY.
(3) If at any time, from the date it receives the property lhrough the period(s) of time the conditions imposed by (8) and (C) remain in
effect, any of the property listed hereun is no longer suitable, usable. or further lh~eded by thc donee fur the purpose(s) for which acquired, the
donee shall promptly nolify the stale agency, and shall, as direCled by the state agenc,y, return tile property to the state agency, release the
pfl)pcrty to another donee or another st.ltc agency or <l department or agency of the United States, sell, or otherwise dispose of the property.
The proceeds from any sale shall be remitted promptly by the dnnee to the stale agency.
(4) The donee shall make reports to the state agency 011 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 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 1111' FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property lIcquired by the dance is on an "as is," "where is" basis, without warranty of any kind.
(2) Where a donee carries insurance against dal1la!!e~ 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 pruceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed don:lted
items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH)
HAV1NG AN ACQUISITION COST OF $3,000 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.
tP-/c.)f/1
F80-246 DE 12202 3-81 3M
Office of Surplus Property
OSP Form No. 203
(3-81 )
Attachment II I
ASSURANCE OF COMPLIANCE WITH GSA RffiULATIONS UNDER TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI OF THE FEDERAL
PROPERIY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED,
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED,
AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975
City of Chula Vista
(Name of donee organization)
HEREBY AGREES THAT the program for or in connection with which any property is
donated to the donee will be conducted in compliance with, and the donee will
comply with and will require any other person (any legal entity) who through
contractual or other arrangements with the donee is authorized to provide ser-
vices or benefits under said program to compl.y with, all requirements imposed
by or pursuant to the regulations of the General Services Administration
(41 CFR 101-6.2) issued under the provisions of Title VI of the Civil Rights
Act of 1964, Section 606 of Title VI 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 of the Age Discrimination Act of 1975, to the end
that no person in the United States shall on the ground of race, color, national
origin, sex, or age, or that no otherwise qualified handicapped person shall
solely by reason of the handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
for which the donee received Federal assistance from the General Services Admin-
istration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures
necessary to effectuate this agreement.
, (hereinafter called the "donee"),
The donee further agrees that this agreement shall be subject in all respects to
the provisions of said regulations; that this agreement shall obligate the donee
for the period during which it retains ownership or possession of any such prop-
erty; that the United States shall have the right to seek judicial enforcement
of this agreement; and, this agreement shall be binding upon any successor in
interest of the donee and the word "donee" as used herein includes any such
successor in interest.
Date
i/?i/R?
, .
City
BY
(Presiden
or campara
City of Chula Vista
276 Fourth Avenue
Chula Vista. Cal Hornia 92010
Donee Mailing Address
te - IOdl!
ATTACHMENT IV
APPLICANT'S NEEDS, RESOURCES AND ABILITY TO UTILIZE PROPERTY
Applicant has need for various eouioment and materials available under
the surplus program and has the necessary funds to pay for the cost,
care and operation of same.
1-/tf7
TERMS AND CONDITIONS
lA) THE LJONEE CERTIFIES TIIA T:
(I) It is ;J public agency; or a nonprofit educational or public health institution or or!!anization, exempt from taxation under Section 501
of t:H?" Inlnni.lI Revenue Code cf 1954; wlthin the mcanin~ of Sectilm 203(j) of the Federal Property and Administrative Services Act of 1949,
:J~ ;l:Jll'ndcd. ;llld the rcgubtions uf the Admmistrator of (;en~ral Services.
\2l !r a public agency, the properly is needed and will be used by the recipient for carrYing: out or promoting for the residents of a given
politlcll <Ilea olle or mute public purposes, or, it J nonprofit tax-exempt institution or of!!anizalion,lhc property is nreded fot and will be used
by the rcripll'nt lor cducation;,d or public health purposes. and including research for such purpose, Tk. property is not being acquired for any
01111'r U~l' tlf purpose, or for ~Jle ur other distributIOn: or tor permanent use outside the state, eXt'l'pt with poor approval pf the :;latc agency.
(.1) I'llndsare available to (uy all CllSt.1, and cJl<Hges incident to don<ltion.
(4) Tlli~ transaetion slull he subject to the nnndist'rimin:llioll rcguL:ltions gOYCrnilH!. Ih'- donatjon of surplus personiJl property issued
undn Tl!ir VI uf the Civil Rights Act of 1964, Tltk VI, Section 606, of the Federal PHlperl\ <Inu Administrative S('rvices Act of 1()49, as
amended. S~'ctiun 504 of Ihe, ~t'habjlitation Act of 1 <)73, as alllended, ant.! Section 303 of the Are llis..:nmJJ1atioll Act of 1975.
0)) THE DONEE AGREES TO THE FOLLO\VING ..EDERAL CONDITIONS:
(1) All items of propL'rty shall be placed in use for the purpus,:{s) ffH which a<.:quir~'d within one year of receipt and shall be c(lnlinu~'d in
use for such pllrposl'(s) for one year from the date the prop'erty was plar.:ed in use. In the event the property is not so pl.lced In U\C, or
COJltinued in use, the donee shall immediately notify the stale a!!enl"Y and, at the donee\ expense, return such property to the sl;;le agency, or
otherwiSe make the propcrtr available for transfer or other disposal by the state agency, provided the property is still usable as determined by
the state :lgency.
(2) Such special h;.llldling or use limitations as arc imposl'd by General Services Administration (GSA) on any itcm(s) of property listed
hereon.
(3) In the event the property is not S(' used or h;l.ndkd as required by (8)(1) and (2), title and right to the possession of suc:h property
sb"ll Jl the option of GSA revert to the United States of Amelica and .\Ipon dcm:md the dunee shall release such property to such person as
GS/.. <'r ils ue~;igllee SJlal! direct.
(C) THE DO'-;FE AGREES TO TilE FOLLOWING CONDITIONS L~IPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITII A
UNIT ACQUISITION COST OF $3,0(\(\ OR MORE AND PASSENGER MOTOR VEIIlCLES, REGARDLLSS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall bl~ used only for the purposels) for which acquired and for no otber purposc(s).
(2) There shall be a perilld of restriction whicl1 will expire after su<.:h property h<ls been used for the purpo~e(s) for \vhich ilcqllired for a
period of 18 months from the date the pruperty is pl:lced in use, except for sllch items of Jl1:ljor equipment, listed hereon, on which the stille
agency designales a further pcrh1d of restrictioll.
(3) In t!H:' event the property is not so lI~cd (I~ required by (C)(1) and (2) and federal restrictions (13)( 1) and (2) have expired then title
and right to the possession of sth:ll properlY shall :.It Ow option of the stale agenq' revert to the Slate of California and the dom'e shall fl'JcJSe
such pruperty to such per sun as the stale 3gen<.:y sh;;ll direct.
(lJ) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERV ATlONS, AND RESTRICTIONS:
(1) From the date it receives the prorl'rty listed hereon :.Ind through the period(s) of time the cof!ditions imposed by (B) and (C) abuve
r~mJin in effect, the donee shall not sell, trad~', !ease, lend. b3.il, cJnnibalize, encumber, or otlil'f\\'is~ disl'l.'sc of sllch property, or remove it
permanently, for use outside the state, \""ithout the prior approval ofCSA under (13) 0: t!lc SL1fl' :l['.cnc\' under (C). The proceeds from any S:lle,
trade, lease, IO<ln, b<lilment. encumbrallce, or other disposal or the property, \l.'hen \Li.::l action is autilurl1cd by G$A or by the state agency,
shall be rem,itted promptly by tile d()ne~' to GSA or the stale <If'.ency, as the t:Jse mav b,~.
(2) In the event any of the property listed heH~on is sold, traued, lL'ased, JU:in-:d, bailed. ":;llmibaliZl'd, eneumbered, or otherwise disposed
of by the donee from the date it receives the property through the period(s) of tl:llC' the conditions imposed by (1:3) and (C) remain in effect,
withuut the prior approval of GSA or tht' st:Jte agency, the d(Hlee_ at the option of GSA or the stale a~ency. shall pay to GSA or the state
agency, as the case may be, the proceed~ nf the disposal (lr the fair market value 01' the fair rcllLd value of the prop::::ty at the time of such
disposal, as determined by GSA or the stale ~rcncy.
(3) If at any time, from the date it receives the property through the period(S) of tim~ the conditions imposed by (8) and (C) remain in
effect, any of the property Jjsll;'d hereOl-, is no longer suitable, usable, or fIJrther !1L'edcd by the donee for the purpose(s) for which acquired, the
donee shall promptl)' notify the state ag(>ncy, and shaH, as duected by the. $tate <if:"ncy, return ttle property to the state agency, release the
property to another donee or another state agency or a department or agency of t;lt~ United St<ites, sell, or otherwise dispose of the property.
The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall makc reports to the state <igency 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 state agency.
(5) At the option of the state agency, tlle 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" bJsis, without warranty of any kind.
(2) Where a donee carries insurance against damag:cs to or loss of property due to fire or other hazards and where loss of or damage to
donated property WitIl unexpired terms, cenditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from
the donee out of the insurance proceeds, of an 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 IN LENGTH)
HAVING AN ACQUISITION COST OF $3,000 OR MORE, REGARDLESS OF TilE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations. and restrictions set fllTth in the Conditional Transfer Document
executed by the authorized donee representative.
;i~-/ t7J1/
F80-246 DE 12202 3-81 3M