HomeMy Public PortalAboutResolution - 78-28- 19781011 - Authorize purchase of surCalifornia State Department of Education
State Agency for Surplus Property
721 Capitol Mall, Sacramento, CA 95814
SASP Corm No. 202 (10-77)
• RESOLUTION NO.
"I3E 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 ofticial(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
(Print or type.)
Herbert Grench General Manager
Anne Crosley Administrative Aide
TITLE SIGNATURE
Jon Olson Land Manager
Craig Britton Land Acquisition Manager
Eric Mart Supervising Ranger
Del Woods Planner
PASSED AND ADOPTED this // day of October , 1978 , by the Governing Board of
Mi dppninsn1 a RPgthtla1 Op n Spar_P fli si-ri
by the following vote: Ayes- e, ; Noes: G ; Absent: _
1, Anne Cathcart Crosley
. Clark of the Governing Board of
Midpeninsula Regional Open Space District do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the Board at a meeting 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. -
Midpeninsula Regional Open Space District
Name of organization
375 Distel Circle, Suite D-1
Mailing address
Los Altos, Santa Clara County, CA 94022
City
County 'LIP code
[Signed]
OR
AUTHORIZED this // day of October , I9 78 , by:
Herbert Grench General Manager
MidpeninsulaieI egionalisOpenftSpace District
Name of organization
375 Distel Circle, Suite D-1
Mailing address
Los Altos, Santa Clara County, CA 94022
City County ZIP code
[Signed]
Title
•
---
A
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 5t)L
of the Internal Revenue Code of 1954; within the meaning of Section 203(j) 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 given
political 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 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.
(3) f=unds 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 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, and Section 504 of the Rehabilitation Act of 1973, as amended.
(13) TIIE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) 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 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
otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usableas 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
shalt at the option of GSA revert to the United States of America and upon detnand the donee shall release such property to such person as
GSA or its designee shall direct.
(C) THE DONEE AGREES TO TILE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH .%
UNIT ACQUISITION COST OF S3,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST.
EXCEPT VESSELS 50 FEET Olt MORE IN LENGTH AND AIRCRAFT:
t 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 (B)(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 thc State of California and the donee shall release
such property to such person as the state agency shall direct.
(D) THE DONEE AGREES TO TIIE 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 (ii) 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 (13) 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 case may be, the proceeds of thc disposal or the fair market value or the fair rental value of the property at the time of such
disposal, as determined by GSA or the state agency.
(3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (13) 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 the state agency, and shall, as directed by the state agency, return the property to the state agency, release the
property to another 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 sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make reports to the state agency 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, 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.
(1.) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED III.REON:
(1) The property acquired by the donee is on an "as is," "wheie 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 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 S3,000 Olt 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.
G7C_�f7'f f1 es•fnw
'11,
State Agency for Surplus Prop. ,.y►
SASP -Form m No. 203
(10-77)
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER 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, AND SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter called the "donee"),
(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 comply 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, and Section 504 of the Rehabilitation Act of
1973, as amended, to the end that no person in the United States shall on the
ground of race, color, national origin, or sex, 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 Administration; and HEREBY GIVES ASSURANCE THAT it
will immediately take any measures necessary to effectuate this agreement.
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 property; 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.
Dated October 1/ , 1978
Midpeninsula Regional Open Space District
BY
375 Distel Circle, Suite D-1
Los Altos, California 94022
Donee Nailing Address
Donee Organization
reside of the Board
or compar ble authorized official)
RESOLUTION NO. 78-28
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
OCtober 11 , 1978
regular meeting thereof, by the following vote:
at a
AYES: Katherine Duffy, Harry Turner, Daniel Wendin, Richard Bishop,
Barbara Green and Edward Shelley
NOES: None
ABSTAIN: None
ABSENT: Nonette Hanko
ATTEST:
Secretary,' Board of Directors
APPROVED:
President(/ Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space
District, hereby certify that the above is a true and correct copy
of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a
meeting thereof duly held and called on the above date.
District Clerk