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HomeMy WebLinkAboutResolution - 1131 i RESOLUTION NO. 1131 COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500 WHEREAS, by Public Laa 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donation of surplus Federal property for civil defense purposes; and VaMEAS, 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 WHEREAS the City of San' jacanto desires to establish its eligibility for such property; IT IS, TrffMEFOREj 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 19h.9, 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 an existing need; and is not being acquired for any other use or purpose, for use outside of the State, or for sale. III. Funds are available to pay the casts of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting such property. THE DO HEI? Y AGREES TO TIE FOLL0 117hTG Tk MS AND CONDITIONS, I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISITION COST, DONATED FOR M MGENCY SERVICE PURPOSES: A. Property acquired by the donee shall be on an "as i5V "where is" basis, without warranty of any kind. B. There i,rM also be applicable such other terms and conditions as are contained in the regulations of the Office of Civil Defense, Office of the Secretary of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. ADDITIONAL APPLICABLE To TY A SINGLE IITEM ACQUISITION COST OFAND 500 ORIr OR.ESDONAT FOR �C�t� sMVICE 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 1,riting by the Regional Director of the Defense Civil Preparedness Agency, on a case basis, the period of restriction for all items of property donated having a single item acquisition cost to the Federal Government of $2500 or more shall be four years from the date of donation. The specific exceptions are as follows: 1. Motor Vehicles, Federal ,Supply Classification (FSC) Group 23 •-- for which a t, o;Tear 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 cast, 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 t-Jelfare. 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 1-aergency 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. idhere the property is not returned to possession and ownership of the United States of America or where property has been iamroperly 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. GJhen 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 of the Defense Civil Preparedness Agency, also be liable for and promptly remit the difference ODP--159 -12- Rev. 11/74 between such proceeds and such value, as determined by the Defense Civil Prepar- edness 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. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of San Jacinto that: LESLIE J. CRIST, City Manager r, 4gnat shall be and is hereby,�`'authorized as the representative of said City to sign for and accept surplus Federal property, regardless of acquisition cost, in accord- ance with the conditions imposed by the above agencies; and IT IS FURTHER RESOLVED that this resolution of authorization shall re- main in full force and effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the California Office of Emergency Ser- vices. PASSED AND ADOPTED THIS 18th day of January 1977, by the City Council of the City of San Jacinto, State of California, by the following vote: AYES: Councilwoman Hazeltine, Councilmen Stevens, Brooks, Ver Plank and Wilson. NOES: None ABSENT: None ATTEST: f � LUCY MAY ALLEN, CITY CLERK ..r ..f e c n Mayor r# , Deputy CERTIFICATE I, LUCY MAY ALLEN, City Clerk of the City of San Jacinto, California, do hereby certify the foregoing is a full, true and correct copy of a resolu- tion adopted by the said City Council at a regular adjourned 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. LUCY MAY ALLEN, CITY CLERK Deputy -3-