HomeMy WebLinkAboutCC Reso No 1977-06RESOLUTION N0. 77_F ---
F,R~i,EA5, by Public Laaa 655, g~'~h Congress (70th Stat. 493), '~he Fedaral
Governmen~ has authorized the donation of surp~.us Federal property for civil
defense purposes9 and
WI-~tEAS, certain boriditions are imposed by the Defense Civi]. Praparedness
Agency, Region Seven~ the Department of Health, Ed:ucation and 6Jelfare, the
California Office of Emergency Services, and the $tate Eclucational Agency Por
Suxplus Property, in connection with the acquisition of such proPer'tY°s ~
G~AS, the City (Count~r) of
desires to establish its eligibility for such property9
~ Ig* TI~'ORE~ certified thate
I, It is an eraergency services organization designated P~'suant
to State lavv, vrith:iss the meaning of the Federal Propes~ty and Admina-strative
Serv3ces Act of 1949, 89 ~ended, and the regu7-ations of the Department of Health,
Education and Welfare.
yI, property requested by this document is usable aad necesga~`Y
in the Stato for emergency service purposes, including research for an,Y
purpose9 as required for its omm uoset~for use outside of ~he9St tei or foresale.
acquired for an~~ other use or p~'A
III, Funds are available to pay the costs of care and han 1~ g~~o~e~
to donation, including paci~, preparation for shippin~, load5ng,
such property.
THE DpN~E pF:RF.RY AGR~ES TO THE f''~LLOkJIN~ T~VS ~~~ITIONSa
I. TI',RMS AN~ COND?TIONS APPLICABI,E TO AIZ PROPE~tTY ~ RE'GARDLESS
OF ACQUTSITION CO5T' ~NATED E'OR F~~G'ENCY ~'°~I~ ~~'0".~+Ss
r~. Property acquired by the donee shaJ1 be on an °ias ie"
~~~rgere is°9 basis, caithout warranty,bf ~Y k~d.
g, There caill a].so be applicable such other terms and conditions
8s ~e contained in the regulations of the Office of Civ:i7. Aefense~ Office of the
Secretax~ of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of
Federal Regulations.
IZ. ADDITIOPTAL TERMS AND CONDITIONS APPLICABL~ '.(b PR~P~.TY HAVING
A SINGLE I'L'EM AC~1lJISITION COST OF $2500 OI~ r10RE DONATED FOR II~~GE~~ S~=CE
pURPOSE5e
k, (~1.1 such propert~' sha7.1 be distributed and, flus'ing the
period of restriction, be properly maantaaned in good operationa7. condition ancl
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oDP-159 yl
stored, or installed or utilized nnly as necessary to achi.eve
- state of operational readiness as requ3.r9d by the ~me~+~ency service mission
assigned to the donee in accordance with the emergency operational plans of the
State and, where applicable~ local government (which are i.n consonance with
national emergency objectives, as now or hereafter amended).
H. Except as otherwiae expressly provi.cied herein below and
unless and until expressly wai.ved in writing by the Regional Director of the
Dafense Civil Preparedness Agency, on a case basis, the period oY restriction for
a7.1 items of property donated havas~ a s~ngle item acquisition cost to the Federal
Covernment o£ $2500 or more shall be four years from the date of donation> The
~pecific exceptions are as followss
1. Motox Vohicles, Federal Suppl~ Classification (FSC)
Group 23 - for which a t~,o-year periocl of xestriction shall apply.
2. Items of property donated having a unit fa9.r market
value of $z5<00 or more, but less than $2540 government acqvisition cost, for
which a one-year period of State restriction sha71 apply.
3, Terms and: conditions applicable to aircraft and to
vessels measur5ng 50 feet or more in length are specific excapt~n~ate conditional
this section~ but the provisions are those specified in the app p
transfer documents in accordance caith re~u]_ations of the Department of Health,
Education and ddelfare.
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 w~itten approval of the Regional Director of the Defense Civil
Preparedness Agency or the Director of the Office of N~~er~ency Services.
D. If, during the period of res~riction, property is no longer
suitable, usable, or further needed for the purpose for ti,rhich acquixed, the donee
shall promptly notify the Defense Civil Preparedness Agency, through the Office of
F~nergency Services and shall, as directed by the Defense Civ~.l. Preparednesa AgencyT
retrans£er the property to such department or agency of the United States of
America or such other donee as may be desiUnated by the Defense Civil. Preparedness
Agency.
Ea In the event an~~ of the terms and conditons set forth in this
section are breached, all right9 title, and interest in the property involved ahall,
at the option of the Defense Civil Preparedness Agency, revert to the United States
of Americao In addition, vahere there has been an unauthorized disposaZ 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 da~nageso I-dhere the propertv is not
returned to possession and ownership of the United States of America or whe~e
praperty has been improperly used, the donee shall be liable to the United States
of America and a].l proceeds shall be deemed to have been received ancl held in
trust for the United States of America ancl the donee sha71 promptly remit the same
Lo the Defense Civi7. Pre~aredness Agencg. When the fai.r 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 sha71, at the option of the Defense
Civil Preparedness Agenc~*, also be liable for and promptly remit the difference
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between such proceeds and such value, as determined by the Defense Civil Preparedness
Agencye The remedies provided in this paragraph (E) of this section are in addition
to acLninistrative compliance measures, and all civ.~l remedies and criminal. penalties
provided b~r law.
NOi~d' TI~1~RE~ IT IS R'GSOL~IID by the City Counci.l (Board of S~ipervlsors)
of said City (County) thata
Name s and Official Title s
Signature s
shall be and is hereby authori~ed as the representative of said City (County) to
sign for and accept surplus Fecieral property, regardless of acquisition coet, in
accordance t~i.th the conditons imposed tnr the above agencies9 and
IT IS FURTFIER RESOLUED that this resolution of authorization sha71
remain in full force and effect until superseded or rescinded by resolution of
this Council (Board) transmitted in duplicate to the California Office of Emergency
Serv3.ces; and
PASSED AND ADOPTED-THIS day of ~ 19~, by the
City Council (Board of Supervisors of the City (Countj% of ___ ______
State of California, by the following votee
HYESe
NOESs
ABS~NTs
ATTESTa
Clerk
I~ , City (County) C1erk of the City (Count,y) of
~ California~ do hereby certify the
foregoin is a full, true and correct copy of a resolution adopted by the said
Council ~Hoard) at a meeting thereof held at its regular
place of ineet~sxg at the time and by the vote above stated, which resolution is on
fi18; in the office of the said Council (Board).
Clerk
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