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HomeMy WebLinkAboutCC Reso No 1976-33RESOLUTION N0. 76-33 COMBINATION OF SURPIx1S PFAPERTY OVEft AND UNDER $2500 ' Y~EAS, by Public La~~ b55~ 84th Congress (70th Stat. 493)• the Federal C~vernment has authorized the donation of surplus Federal property for civil defense purposes; and WHF~i.EAS, certain conditions are imposed by the Defense Civil Preparedness ' Agency, Region Seven, the Department o£ Health, Ecucation and ldelfare, the California Office of Emergency Sexvices, and the State Educational Agency for Sur~lus Pxroperty, in connection with the acquisition of such propertyy and WHER£,AS~ th2 Cit~~ ~~~ of T~v,, ci ai norP desires to establish its eligibility £or such property; IT IS~ TI~CfEFOP.u, certifie@ ,that: L It is an eruergency services organization designated pursuant to State law, arithin the meaning of the Federal Property and Administrative Services Act of 1949, as anended~ and the reb lations of the Department of Health~ Educaticn and Welfare. IIo Property rec.uested by this document is usable and necessary ~ in the State for emergency service pux~oses, including research for any such purposey as requised for its oF<n use to fill an existing need; and is not being acqvixed for an;* other use or purpose, for use outsi.~e of the State, or for sale. IIL Fluids are available to pay the costs of care and handling incident to donation, inclu~!ing pac.c.s~g, preparation £or shippirsg, loadir~, and transporting such propert3~. THE DO ~ ~ I~.EBY AGP~S TO TI~ FOLZOiI2PSG TELttiS AND CONDITIONS; I. TIIiS4S AtdD COPIDITIONS liPPLICABI,~ TO ALL PROP~RTY, REGl~RDLESS OF ACQUISITION COST' DONdTED FUR ~~RG~i'dCY SERVICE PUIiPOS~S: A. Property acqui.red by the clonee shaLt be on an"as is" "~~rhere is~' basis, iaithout :aarranty of any lcind. B. There ciill also be apnlicable such other terms and cond.itions as are contained ~n the regulations of the Office of Civil LeYense, Office of tl2e Secretary of tre Arny, Part 180Z of Chapter XVIII of Title 3~ of the Cod.e of Federal Regulations. II, l~.DDITIOiQAL TII~1`IS AND COiJDITIONS APPLICABI,~ TO PROPERTY HAVING A SINGLE ITEM AC~UISITION COST OF $2500 OP P~40RL DONATED FOR II~7ERC~tCY SER~TICE PURPOSESa 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. 71.~71+ stored, or installed or utilized on1J as necessary to achi.eve- state of operational readiness as required by the energency service mission assigned. to the donee in accordance c,~.th the emergency operational plans of the State and, crhere applicable, local government (vahich are in consonance with ' national emergenc~ objectives, as noca or hereafter amended)e B. Except as otherwise expressly provi.ded herein belotia and unless and until expressl~ wai.ved in writing by the Regional Director of the Defense Civil Preparedness ~lgency, on a case basis, the period of restriction for a11 items of property donated having a single item acquisition cost to the Federal Government of ~2500 or r~ore sha1Z be four years from the data of donation. The specific exceptions are as follows: E. In tlze event an~r oY tlie terms and conditons set forth in this section are breuched, all ri„h'c9 title, ancl interest in tlze property involved shall, at the option o£ the Defense Civil Preparedness I~gency, revert ta the United States of l,merica. In ac?dition, ~rhere tizere has been an unauthorized clisposal or,improper use, the donee~ at the option o£ tne Defense Civil Preparedness Ageizcy~ shall be liable to the Unitect States of America for a11 damages. l~here the ~ropertY is not returnecl to possession and or~ne-rship of t.ze United States of America or where property has been itmro~erly used, tlle donee shall be liable to the United States of America an~ all proceeds sha11 be deemed to have been received and held in trust for the Unitec~ State:, of Hmerica and the donee shall promptly remit the same to tk}e Defense Civil Preparedness Ioency. ~ahen the fair market value or rental balue of the property at the time of such disposal or improper use is greater than the proceeds derived froru snch action~ the donee sha]1, at the o;~tion of the Defense Civil Preparedness Agenc~~, also be liable for and promptly remit the difference 2. Items of property c:onated havin~ a unit fair marl~et value of ~<So00 or more, but less than ~25~"government ace,uisition cost, £or which a one-~ear perio@ 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', a71 of this section; but the ~rovisions are those specified in the appropriate conditional transfer docuraents in accordance i~~i.th re~ulations of the Department of Health, Education and i7elfare. Cr iTuring the.period of restriction, the propertJ shall not be sold~ traded, leased, loaned, bailed, encumbered9 or otherc~.se disposeci of raithout the specific prior w^itten anproval of the Regioiial. Director of the Defense Civil Preparedness Agency or the Director of the Office of r~::ergency Serviceso D. If, dusing the period of restriction, property is no longer suitable, usable, or further needed for tlie puspose Por ~,ahich acquired, the clanee shall prorrcptl,r notif~r the Defense Civil PrePareciness Hgency~ throt~h the Office of : Etnergency Services anc~ sha7.7.~ as directed by the Defense Qivil Preparedness /~gency~ retransfe~ the property to such Qepartment or agency of the United States of America or such other donee as may be ciesignated bj* the Defense Civil Prepared-ness A~ency. 1. hIotor Vohicles~ Federal Supp1~ Classification (FSC) Group 23 - for trhich a t.ro ~~ear period of restriction shall apply. ODP-15S -.2- Rev. ll/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. NOW, THEREFORE,.IT IS RESOLVED by.the~.City Council o£ said City that: ~. John E. Delbruegge; City Manager Name & Title ~ ~ ~ ~ . Signature ~ ~ ~ shall be and is hereby authorized as the xepresentative of said City to sign £or and accept surplus Federal property, regardless of acquisition cost, in accordance with the conditions imposed by the above agenoies; and ~ .IT IS FURTHER RESOLVED that~this resolution~o£.authorization shall remain in full force and effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the Califomia Of£ice of Emergency Service; and PASSED AND ADOPTED THIS 13th day of December, 1976, by the City Council oP the City of Lake Elsinore, State of California, by the following vote: ~ AYES: NOES: ABSENT: ATTEST: City Clerk ~ Mayor . I, Florene Marshall, City Clerk of the City of Lake Elsinore,~California, do ~ hereby certify the foregoing is a full, true and correct copy of a resolution adopted by the said Council at a regular meeting thereof held at its regular place of ineeting at the time and by the vote above statei;which resolution is on file in the office of the said CounciL ~ - ~ . ~ City Clerk . .