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HomeMy WebLinkAboutCC RESO 10,327RESOLUTION NO. 10,327 COMBINATION OF SUPLUS PROPERTY OVER AND UNDER $2500.-00 WHEREAS, by Public Law 655, 8th 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 Office of Civil Defense, Region 7, the Department of Health, Education and Welfare, the California Disaster Office, and the State. Educational Agency for Surplus Property, in con- nection with the acquisition of suchproperty; and WHEREAS, the City of National City desires to es- tablish its eligibility for such property; NOW THEREFORE, BE IT RESOLVED that: 1. It is a civil defense 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. 2.. Property requested by this document is usable and necessary in the State for civil defense purposes, in- cluding research for any such purpose; is 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. 3. 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 CIVIL DEFENSE 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 Army, Part 1802..of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE DONATED. FOR CIVIL DEFENSE 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 stateof operational readiness as required by the civil defense mission assigned to .the donee in accordance with the civil defense operational plans of the State .and, where applicable, local government (which' are in con- sonance with national civil defense objectives, as now or hereafter amended). B. Except as otherwiseexpressly provided hereinbelow and until expressly waived in writing by the Regional Director of the Office Of C.ivil Defense (OCD), 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 $2,500. or more shall be four years from date of donation. The specific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC). Group 23 -- for which a two-year period of restrict- ion shall apply. 2.. Items of property donated having a unit fair value of $25.00 or more but less than $2,500, for which a one year period of State restriction shall apply. 3. Aircraft (FSC Group 15), for which the special terms and conditions provided in the DHEW Condi- tional Transfer Document (Aircraft). covering the transfer shall apply. 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 OCD or the California Disaster Office. D. If, during the period of restriction, property is no longer suitable, usable, or further needed for the purposes for which acquired, the donee shall promptly notify the OCD. through the California Disaster Office and shall, as directed by the OCD, either: (1) re- transfer the property to such department or agency of the United States of America or such other donee as may be designated, or (2) sell the property at a pub- lic sale. E. In the -event any of the terms and conditions set forth in this section are breached, all right, title, and in- terest in the property involved, at the option of the Regional Director of OCD, shall revert.to. the United States of America. In addition, where there has been an unauthorized disposal or improper use of any kind, the donee,- at the option of the Regional Director of OCD, shall be. liable to the: United States for all damages. Where the property is not returned to the United .States Government or where property is Im- properly used, thedonee shall be liable to the United States for any proceeds from the disposal or improper use or for the fair market value or rental value of the property at the time of such disposal or improper use, at the option of and as deteLluined by the Regional Director of OCD.. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of National City that: Name'and Official Title C..OSBURN,City Manager WALTER.I. SMITH.,Publ.ic Works Director L. B. BACON,Chief, Fire Department RUSSELL R..SHOTWELL, Foreman Building Services shall be and are hereby authorized as the representatives of said C.i.ty to sign for and accept surplus Federal property, regardless of acquisition cost, in accordance with the condi- tions imposed by the aboveagencies; and IT IS FURTHER RESOLVED. that this resolution of auth- orization shall remain in full force and effect until super- seded or rescinded by resolution of this Council transmitted in duplicate to the California Disaster Office; and IT IS FURTHER RESOLVED that the Clerk of this Coun- cil is hereby authorized and directed to send two (2). certified copies of this resolution to the California Disaster Office, for filing with said Disaster Office and with the State Depart- ment of Education. IT IS FURTHER RESOLVED. that Resolution No. 9246 is hereby rescinded. PASSED. AND ADOPTED. thiS 4th day of May, 1971. Signature 1 ATTEST:. City Clerk /