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Home My WebLink AboutCC Reso No 1963-1105 RESOLUTION 1105 CONillllJATION OF SURPLUS PROPERTY OVER AND UNDER $2500 v~lEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donation of surplus Federal property for civil defense purposes; and WHEREAS, certain conditions are imposed by the Office of Civil and Defense Mobilization, the Department of Health, Education and Welfare, the California Disaster Office, and tIle Sta.~e Educational Agency for Surplus Property, in connection with the acquisition of such property; and WHEREAS, the City ~;.:. of ~J:sino:r:EL,.-Pali;f.Qrn:h~______~~ desires to establish its eligibility for such property; IT IS, TtffiREFORE, certified that: I. It is a civil defense organization designated pursuant to State law, within the meaning of the Federal Property 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 civil defense purposes, including 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. III. Funds are available to pay the costs of care and handling in- cident to donation, including packing, preparation 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, REG/-IRDLESS 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 conditions as are contained in the Regulations of the Office of Civil and Defense Mobilization, Title 32, Code of Federal Regulations, Subtitle C, Part 1702, as in effect on the date hereof. II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2500 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 Page 1 state of 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 govern- ment (which shall be consistent with the National Plan for Civil Defense and Defense MObilization, as now or hereafter amended). Operational readiness shall include necessary use in training under a civil defense training program approved by the State civil defense director as being in accordance with the civil defense operational plans of the State. B. Except as otherwise expressly provided hereinbelow and unless and until expressly waived in writing by the Director of the Office of Civil and Defense Mobilization (OCDM), on a case basis, the period of restriction for all items of property donated for civil defense purposes shall be ~our years from the date such property is first used or put in stockpile in accordance with this subsection. The specific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 -- for which a two-year period of restriction shall apply. 2. Boats (FSC Group 19), Tractors (FSC Group 24), Construction, Mining, Excavating and Highway Maintenance Equipment (FSC Group 38), Fire-fighting and Rescue Equipment (FSC Group 42), Pre- fabricated Structures (FSC Group 54), and Generators (FSC Class 6115), for all of which a six-year period shall apply~ 3. Aircraft (FSC Group 15), for which the special terms and condi- tions provided in the DHEW Conditional Transfer Document (Air- craft) covering the transfer shall apply. C. Reserve stock storage and installation of equipment for operational readiness shall, in addition to meeting the above criteria, meet all applicable criteria established by the OCDM. D. During the period of restriction, the property shall not be sold, traded, leased, loaned, bai~ed, encumbered, or otherwise disposed of without the specific, prior, written approval of the Director OCDM. E. If, during the period of restriction, property is no longer suit- able, usable, or further needed for the purpose for which acquired, the donee shall promptly notify the OCDM through the State civil defense director and shall, as directed by the OCDM, either retrans- fer the property to such department or agency of the United States of America or such other donee as may be designated, or sell the property at a public sale. F. In the event any of the terms and conditions set forth in this sec- tion are breached, all right, title and interest in the property involved, at the option of the Director of OCDM, shall revert to the United States of America. In addition, where there has been an un- authorized dispo.al or improper use of any kind,the donee, at the option of the Di ector of OCDM, shall be liable to the United States for all damages. Where the property is not returned to the United Page 2 States Government or where property is improperly used, the donee shall be liable to the United States for any proceeds from the dis- posal 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 determined by the Director of OCDM. NOW, THEREFORE, IT IS RESOLVED by the City Council ~!"7'77# ....IPI\:. u....): of said City .~nunil1~ that: Jay V. Guler...L_City Administratop (Name(s) and Official Title(s)) l/ ~<--L/fe,--- (Signature(s)) shall be and is hereby authorized as the representative of said City ~~ to sign for and accept surplus Federal property, regardless of acquisitJon cost, in accordance with the conditions imposed by the above agencies; and IT IS FURTHER RESOLVED that this resolution of authorization shall remain in full force and effect until superseded or rescinded by resolution of this Council~~&u~d~ transmitted in duplicate to the California Disaster Office; and IT IS FURTHER RESOLVED that the Clerk of this Council =t.mnr~ 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 Department of Education. PASSED AND ADOPTED THIS 13th day of Ma~ ' 19 6) by the City Council ~'Ii'el==G:ti=@~t-'......'""#-i~ of the City fC~"F of ~lsinore State of California, by the following vote: AYES: Stewart, Yarborough, Berr,y, Bartlett NOES: none ABSENT: Hitt ATTEST: J~'/_//?7;UU~L/ Clerk ~~ I, Florene Marshall , City (~~ Clerk of the City ~) of F.l R; ncyY"p' , California, do hereby certify the foregoing true, and correct copy of a resolution adopted by the said Council a reiUlar meeting thereof held at its regular place of meet- time and by the vote above stated, which resolution is on file in of the said Council ~~ is a full, ~&F at ing at the the office ". ;i A--f./ --- j /2-?(/l-.-? ./lA / e..'- Clerk Page 3