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Certifications and Agreements

(INCLUDING TERMS, CONDITIONS, RESERVATIONS AND RESTRICTIONS)
TO BE INCLUDED ON THE STATE AGENCY INVOICE OR DISTRIBUTION DOCUMENT


FEDERAL PROPERTY REQUIREMENTS

(A) THE APPLICANT CERTIFIES THAT:

(1) 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 1986; 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 for Surplus Property. (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 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 Vocational Rehabilitation Act of 1973, as amended.

(B) THE APPLICANT AGREES TO THE FOLLOWING FEDERAL CONDITIONS:

(1) All items of property shall be placed in use for the purposes 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 Applicant shall immediately notify the State Agency for Surplus Property, and at the Applicant's expense, return such property to the State Agency for Surplus Property, or otherwise make the property available for transfer or other disposal by the State Agency for Surplus Property, provided the property is still usable as determined by the State Agency for Surplus Property. (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 America and upon demand the Applicant shall release such property to such person as GSA or its designee shall direct.

(C) THE APPLICANT AGREES TO THE FOLLOWING FEDERAL CONDITIONS, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE 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. (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 the title and right to the possession of such property shall at the option of the General Services Administration revert to the State of West Virginia and the Applicant shall release such property to such person as the State Agency for Surplus Property shall direct.

(D) THE APPLICANT AGREES TO THE FOLLOWING TERMS, RESERVATION 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 Applicant 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 for Surplus Property 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 for Surplus Property, shall be remitted promptly by the Applicant to GSA or the State Agency for Surplus Property, 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 Applicant 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 for Surplus Property, the Applicant, at the option of GSA or the State Agency for Surplus Property shall pay to GSA or the State Agency for Surplus Property, as the case may be, the proceeds of the disposal or for 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 for Surplus Property. (3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (B) or (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the Applicant for the purpose(s) for which acquired, the Applicant shall promptly notify the State Agency for Surplus Property, and shall, as directed by the State Agency for Surplus Property, return the property to the State Agency for Surplus Property, release the property to another Applicant or another State Agency for Surplus Property, 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 Applicant by the State Agency for Surplus Property. (4) The Applicant shall make reports to the State Agency for Surplus Property 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 for Surplus Property. (5) At the option of the State Agency for Surplus Property, the Applicant may abrogate the conditions set forth in (C) and the terms, reservations and restriction pertinent thereto in (D) by payment of an amount as determined by the State Agency for Surplus Property.

(E) THE APPLICANT AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:

(1) The property acquired by the Applicant is on an "as is, where is" basis, without warranty of any kind. (2) Where an Applicant 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 for Surplus Property will be entitled to reimbursement from Applicant 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 $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:

(1) The donation shall be subject to the terms, condition, reservations, and restrictions set forth in the Conditional Transfer Document executed by the Authorized Applicant representative.

 

STATE PROPERTY REQUIREMENTS

(A) ELIGIBILITY:

(1) Section 3A, Article 8, Chapter 5A of the West Virginia Code, states that 'county commissions, county boards of education, municipalities, public service districts, county building commissions, airport authorities, parks and recreation commissions, nonprofit domestic corporations qualified as tax-exempt under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, and volunteer fire departments in this State, when such volunteer fire departments have been held exempt from taxation under Section 501 (c) of the United State Internal Revenue Code' are eligible to participate in the State Surplus Property Program.

(B) COMPLIANCE:

(1) Section 3A, Article 8, Chapter 5A of the West Virginia Code, states that 'the duly authorized representative of such eligible organization, for whom such motor vehicle or other similar surplus equipment is purchase or otherwise obtained, shall cause ownership and property title thereto to be vested only in the official name of the authorized governing body for whom the purchase or transfer was made. Such ownership or title, or both, shall remain in the possession of the governing body and be nontransferable for a period of not less than one year from the date of such purchase or transfer of ownership of such motor vehicle or equipment prior to an elapsed period of one year may be made only by reason of certified unserviceability.

 



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