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HomeMy WebLinkAboutCC RESO 11,653RESOLUTION NO. 11,653 COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500.00 WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the dona- tion 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 Emer- gency Services, and the State Educational Agency for Surplus Property, in connection with the acquisition of such property; and WHEREAS, the City of National City desires to es- tablish its eligibility for such property; IT IS, THEREFORE, certified that: I. It is an emergency services organization designated pursuant to State law, within the meaning of the Federal Prop- erty 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, in- cluding 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 the State, or for sale. III. Funds are available to pay the costs of care and handling incident to donation, including packing, prep- aration for shipping, loading, and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARD- LESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES: A. Property acquired by the donee shall be on an "as is", "where is" basis, without warranty of any kind. B. There will also be applicable such other terms and con- ditions as are contained in the regulations of the Off- ice of Civil Defense, Office of the Secretary of the II. Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 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 stored, or installed or utilized only as necessary to achieve a 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 con- sonance with national emergency objectives, as now or hereafter amended). B. Except as otherwise expressly provided hereinbelow and until expressly waived in writing by the Regional Director of case basis, of property cost to the the Defense Civil Preparedness Agency, on a the period of restriction for all items donated having a single item acquisition Federal Government of $2,500 or more shall be four years from date of donation. The specific exceptions are as follows: 1. Motor Vehi Group 23 -- ion shall a cles, Federal Supply Classification (FSC) for which a two-year period of restrict- pply. 2. 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. Items of property donated having a unit fair market value of $25.00 or more, but less than $2500 govern- ment acquisition cost, for which a one-year period of State restriction shall apply. D. 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 Civil Preparedness Agency or the Office of Emergency Services. E. 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 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. F. In the event any of the terms and in this section are breached, all interest in the property involved Director of the Defense Director of the the conditions set forth right, title, and 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. Where the property is not returned to possession and ownership of the United States of America or where property has been improperly used, the donee shall United States of America and all deemed to have been received and the United States of America and be liable to the proceeds shall be held in trust for the donee shall promptly remit the same to the Defense Civil Prepared- ness 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 of the Defense Civil Preparedness Agency, also be liable for and promptly remit the difference between such proceeds and such value, as determined by the Defense Civil Preparedness Agency. The remedies provided in this paragraph (F) 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 said City that: Name and Official Title ROBERT S. BOURCIER, City Manager DONALD A. NEWBERRY, Public Works Director KENNETH E. JOYCE, Chief, Fire Departmen DONALD DeBUS, Foreman, Building Services are hereby designated as the authorized representatives of said City to sign for and accept surplus Federal property, regardless of acquisition cost, in accordance with the conditions imposed by the above agencies; and be it FURTHER RESOLVED that this resolution of authorization shall remain in full force and effect until superseded or res- cinded by resolution of this Council transmitted in duplicate to the California Office of Emergency Services; and be it FURTHER RESOLVED that the Clerk of this Council is hereby authorized and directed to send two (2) certified copies of this resolution to the California Office of Emergency Services, for filing with said Office and with the State Department of Education; and be it FURTHER RESOLVED that Resolution No. 11,643 is hereby rescinded. PASSED AND ADOPTED this 7th day of _ January 1975 , by the City Council of the City of National City, State of California. gnature