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Resolution 2474 California State Department of General Services Surplus Property 140 Commerce Circle ...... Sacramento, CA 95815 SP Form No. 202 (2{87) RESOLUTION NO. 2474 "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 sha1l 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.) Barrie Fischer TITLE A. Finance Officer Robert Eppler Carol Swain Kay Taylor Customer Service Mqr. Date Processinq Mqr. Accountant B PASSED AND AOOPTED this South Tahoe Public by the f01l0wing vote: Ayes: 20 day of October Utility District . 19~. by the Governing Board of ; Noes: ; Absent: ~ /, Pat A. Mamath . Clerk of the Goveming Board o[ Sou th Tahoe Publ ic Uti 1 i ty Di str ict do hereby certify thatthe foregoing is a full, true. and correct copy of a reso/un'on adopted by the Board at a reqular 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. SOUTH TAHOE PUBLIC UTILITY DISTRICT Name of organization P.C). Box 701)42 Mailing address SO. Lake Tahoe. El Dorado City County 95705 ZIP code (Signed) Robert Mason, Chairman of Board SOUTH TAHOE PUBLIC UTILITY DIST. ~~ OR C. AUTHORIZED this day of .19 , by: Name of chief administIative officer Title Name of organization Mailing address City (Signed) County Zip code N~: IF YOU HA.YE. A GOVERNING BOARD, SECTIONS "A" AND "B'" SHOULD BE COMPLETED. IF YOU 00 NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED. TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (I) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section SOl ofthe Internal Revenue Code of 19S4; 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. including research for such purpose, or for programs for older individuals. 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) Funds arc available to pay aU 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, Section S04 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (I) 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 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)( I) and (2), title and right to the possession of such property shall at the option ofGSA 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 $S,OOO OR MORE AND PASSENGER MOTOR VEH ICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS SO FEET OR MORE IN LENGTH AND AIRCRAFT: (I) 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)( I) and (2) and federal restrictions (B)( I) 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 release such property to such person as the state agency shall dirut. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (I) 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 isauthorized by GSA or by the Slate agency, shall be remitted promptly by the donee to GSA orthe Slate agency, as the Qse 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 II 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 case may be, the proceeds of the 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 (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the pu rpose(s) for which acquired, the donee shall promptly notify the state agency, and shall. as directed by the s,ate 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 lime to time by the state agency. (S) Atthe 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: (I) The property acquired by the donee is on an Mas 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 an amount equal to the unamorllzed portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORE IN LENGTH) HA VING AN ACQUISITION COST OF $5,000 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 ..", aUlhorized donee representative.