HomeMy WebLinkAboutResolution - 1077 RESOLUTION NO* Aa
COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Lana 655, $4th Congress (70th Stat. 493), the Federal
Government has authorized the donation of surplus Federal property for civil
defense purposes; and
WHEREAS, certain conditions are imposed by the Defense Civil Preparedness
Agency, Region Seven, the Department of Health, Education and Welfare, the
California Office of Emergency Services, and the State Educational Agency for
Surplus Property, in connection with the acquisition of such property; and
0EREAS, the City (Eh *) of San Jacinto
desires to establish its eligibility for such property;
IT IS, 7i-EREFORE, certified that:
I. It is an emergency services organization designated pursuant
to State law, within the meaning of the Federal Property and Administrative
Services Act of 1949, as amended, and the regulations of the Department of Health,
Education and Welfare.
II. Property requested by this document is usable and necessary
in the State for emergency service purposes, including research for any such
purpose; as required for its own use to fill
use outside ofneed;the Sand is°not
beinle°
acquired for any other use or pure , for
III. Funds are available to pay the costs of care and handling incident
to donation, including packing, preparation for shipping, loading, and transporting
such property.
THE DONEE HEREBY AGREES TO THE FOLLO't= TERMS AND CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS
OF ACQUISITION COST, DONATED FOR E'0 GENCY SERVICE PURPOSES:
A. Property acquired by the donee shall be on an °°as is"
"where is" basis, without warranty cf any kind.
B. There ;d11 also be applicable such other terms and conditions
as are contained in the rrgulaattions of theChapte office of r XVIII of Tit a Defense,
of Office
Code off the
Secretary of the Army, p
Federal Regulations.
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING
A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED FOR EMERGENCY SERVICE
PURPOSES:
A. All such property shall be distributed and, during the
period of restriction, be properly maintained in good operational condition and
ODP-159 —1— Rev. 11/74
stored, or installed or utilized only as necessary to achieve
state of operational readiness as required by the emergency service mission
assigned to the donee in accordance with the emergency operational plans of the
State and, where applicable, local government (which are in consonance with
national emergency objectives, as now or hereafter amended).
B. Except as otherwise expressly provided herein below and
unless and until expressly waived in writing by the Regional Director of the
Defense Civil Preparedness Agency, on a case basis, the period of restriction for
Gall overnment of $500 or moretems of property shall be four single
stfrom tthesdaten cost to the of donation. Federal
specific exceptions are as follows-
1. Motor 7ohicles, Federal Supply Classification (FSC)
Group 23 — for which a t,:o year period of restriction shall apply.
2. Items of property donated having a unit fair market
value of $25•00 or more, but less than $2500 government acquisition cost, for
which a one—year period of State restriction shall apply.
3. Terms and conditions applicable to aircraft and to
vessels measuring 50 feet or more in length are specific exceptions to'. all of
this section; but the provisions are those specified in the appropriate conditional
transfer documents in accordance with regulations of the Department of Health,
Education and Welfare.
C. During the.period of restriction, the property shall not be
sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of without
the specific prior written approval of the Regional Director of the Defense Civil
Preparedness Agency or the Director of the Office of Emergency Services.
D. If, during the period of restriction, property is no longer
suitable, usable, or further needed for the purpose for which acquired, the donee
shall promptly notify the Defense Civil Preparedness Agency, through the Office of
Emergency Services and shall, as directed by the Defense Civil Preparedness Agency,
retransfer the property to such department or agency of the United States of
America or such other donee as may be designated by the Defense Civil Preparedness
Agency.
E. In the event any of the terms and conditons set forth in this
section are breached, all right, title, and interest in the property involved shall,
at the option of the Defense Civil Preparedness Agency, revert to the United States
of America. In addition, where there has been an unauthorized disposal or improper
use, the donee, at the option of the Defense Civil Preparedness Agency, shall be
liable to the United States of America for all damages. lfhere the property is not
returned to possession aid ownership of the United States of America or where
property has been improperly used, the donee shall be liable to the United States
of America and all proceeds shall be deemed to have been received and held in
trust for the United States of America and the donee shall promptly remit the same
to the Defense Civil Preparedness Agency. When the fair market value or rental
value of the property at the time of such disposal or improper use is greater than
the proceeds derived from such action, the donee shall, at
the option the off the
e Defense
Civil Preparedness Agency, also be liable for and promptly
ODP--159 .•2— Rev. 11/74
between such proceeds and such value, as determined by the Defense Civil Preparedness
Agency. The remedies provided in this paragraph (E) of this section are in addition
to administrative compliance measures, and all civil remedies and criminal penalties
provided by law.
Nog THUM-ORE, IT IS RESOLVED by the City Council (M%4 AVkV?X )
of said City �(&VW) that:
Herbert E. McNabb, City Manacler
Name s and Official Title s
1"_ Signature s
shall be and is hereby authorized as the representative of said City WMMO to
sign for and accept surplus Federal property, regardless of acquisition cost, in
accordance with the conditons imposed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of authorization shall
remain in full force and effect until superseded or rescinded by resolution of
this Council (MIM) transmitted in duplicate to the California Office of Emergency
Services-, and
PASSED AND ADOPTED THIS 25th day of November , 19__75 _, by the
City Council (Z XdlJ yj*dMjid7 X of the City (� of San loci n r
State of California, by the following vote:
AYES: Councilwoman Hazeltine, Councilmen Stevens, Brooks, Wilson and Wallace.
NOES: None
ABSENT: None
ATTEST:
LUCY ALLEN, C' Clerk
Deputy
WM4A6Zj XaX 4PXDG1(VDD a
I, Lucy May Allen __ _, City ((X ) Clerk of the City (9**W) of
San Jacinto , California, do hereby certify the
foregoing is a full, true and correct copy of a resolution adopted by the said
Council Ed( ) at a re g ular d.io rued meeting thereof held at its regular
place of meeting at the time and by the vote above stated, which resolution is on
file in the office of the said Council ( dO•
LUCY Y ALLEN, CITY L K
11
ODP-159 —3— Rev. 11/74