HomeMy WebLinkAbout1005_CCv0001.pdf RESOLUTION it.. 1005
BE IT RESOLVED by the Governing Board of the Cityof 1-pd t i
and hereby ordered that-. Z=4 V. Lwho is
shallbe and he is here y au orized as the
representatiVe o.f f - �Vvto sign the warehouse issue
sheet (SEASP Fort ll1 of the Cali ornia State Educational Agency for
Surplus Property which contains the following terms and conditionss.
I, T14E DONEE HEREBY CERTIFIES HAT-
(1) It is a tax-supported or nonprofit and tax-exempt (under Section
501(c)(3) of the Internal Revenue Code of 1954 or Section 101(6)
of the Internal Revenue Code of 19 9) school system,, school,
college,, university, medical institution, hospital, clinic or
.health eAnter,, -ora civil defense- organization designated pursu-
ant to State law, within the meaning of the Federal Property and
Administrative Services Act of 1949, as amended., and the regula-
tions of the Department of Health. Education, and. Welfare
(hereinafter referred to as "The Department" ).
(2) The property requested by this document is usable and necessary
in the State for either educational public health, or civil
defense purposes including research for any such purpose., is
required for its own use to fill an existing needfi 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 inci-
dent
-
dent to donation., including packing9 preparation for shipping,
loading and transporting such property.
(4) Property acquired by .a donee, regardless of acquisition cost,
shall be on an "as is*., "where 10 basis without warranty of
any I .nd a
(5) With respect to any property listed on this document or attach-
menus hereto wbdeh has a single item acquisition cost of 2,,5oo.o
or mores the donee agrees to the terms and conditions in Paragraph
II and with respect to any such property other than aircraft, to
the terms and conditions in one of Paragraphs III or IV, whichever
is appropriate by virtue of the designation of purpose indicated
on the face of this document.
Ii. TERMS AND CONDITIONS APPLICABLE TO ANY WNATED PROP= HAVING A
SINGLE ITEM ACQUISITION ODST OF $2s,50®00 OR MORE, REGARDLESS OF
THE PURPOSE FOR 'WHICH ACQUIRED-.
(1) Such property shall be used only for the educational
� publi c
health,, or civil defense purpose for which acquired, including
research for any such purposes and for no other purpose.
(Z) Donees shall., make reports to the State Agency can the use, condi-
tion-, and location of such property and on other pertinent
natters as may be required from time to time by the State Agency,,
the Department,, or the Office of Civil, and Defense Mobilization,
as appr°opb is':e,
III. TERM AND CONDITIONS APPLICABLE TO PROPERTY OT11ER THAN AIRCRAFT ',IAVING
A SINGLE ITEM ACQUISITION COST OF $2,500.00 OR MORE DONATED FOR
EDUCATIONAL OR PUBLIC HEALTH PURPOSES:
(1) Such property shall be placed in use for the purpose for which
avquired no later than twelve months after a:;quis tion thereof,
In the event such property is not placed in use within twel7e
months of receipt, the donee, within 30 days after the expiration
of the twelve—month period, shall notify the Department in
writing through the appropriate State Agency, Ti?le and right
to the possession of such property not so placed in use within
the above—mentioned period shall at the option of the Department
revert to the United States of America, and upon demand the donee
shall release such property to such person as the ;Department or
its designee shall direct.
(2) There shall be a period of restriction which will expire after
such property has been used for the purpose for which acquired
for a period of four ,years, except that the period of restric-
tion on motor vehicles donated subsequent to June 3 1955, will
expire after a period of two years of such use.
(3) During the period of restriction the donee shall not sellQ trade,
lease, lend, bail, encumber, or otherwise dispose of such prop—
erty or remove it for use outside the State without prior written
approval of the Department, Any sale, trade,, lease., loan, bail—
ment,, encumbrance or other disposal of property., when such action
is authorized by the Department, shall be for the benefit and
account of the United States of America and the net proceeds
thereof shall be received and held in trust for the United States
of America and shall be paid promptly to the Department, except
in those instances in Which the Department determines that the
Government's administrative costs in connection with receipt
thereof gill exceed such net proceeds,
(4) In the event such property is sold, traded, leased, loaned,
bailed, encumbered, or otherwise disposed of during the period
of restriction without prior approval, the donee at the option
of the Department., shall be liable to the United States of
America for the proceeds of the disposal or for the fair market
value of the property at the time of such disposal as determined
by the Department.
(5) If, during the period of restriction, property is no longer
suitable, usable or further needed by the donee for the purpose
for which acquired, the donee shall promptly notify the Depart—
ment through the State Agency, and shall, as directed by the
iepartment or State Agency, either retransfer 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
public sale. Such public sale shall be for the benefit and
account of the United States of America and the net proceeds
thereof shall be received and held in trust for the United States
of America, and shall be paid promptly to the Department:, except
in those instances in which the Department determines that the
Government' s administrative costs in connection with receipt
thereof will exceed such net proceeds.
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(6) At the option of the Department,, the donee may abrogate the terms
and conditions set forth in Paragraphs II and III by payment of
an amount as determined by the Department,
IV. TERMS ANIS CONDITIONS APPLICABLE TO PROPERTY OTHM THAN AIRCRAFT HAVING
A SINGLE ITEM ACQUISITION COST OF $2,,5IX0n00 OR MORE DDNATED FOR CIVIL
DEMSE PURPOSES-0
(1) With respect tt� property donated for civil defense tra1n=JFC
�s there shall. be a period of restriction whi expire
after such property has been used for sudh. purpose 'for a period
of four years, except that the period of restriction on motor
vehicles Trill expire after a period of two years of such use.
(2) With respect to property donated for oi:rati.onal readiness or
reserve stockrises. there shall bis aer o�.:.re(_i r ci on
~tic s .,-; co .tinue in full, force and effect until released or
othm se terminated in writing by the Director,, Office of Civil
tind Defense Mobilization.
(3) In the event any donated property is used during the period of
restriction for any purpose other than that for which the prop-
erty was acquired,, without prior -rri.tten authorization by the
Director,, Office of Civil and Defense Mobilization:, aU right.,
title and interest in and to the property,, at the option of the
Directors Office of Civil and Defense MobilAzation,, shall revert
to the United States of America.
(4) During the period of restriction the donee shall not sell,, trade,,
lease, lends, bail,, encumber,, or otherwise dispose of such prop-
erty or remove it for use outside the State without prior -written
approval of the Director,, Office of Civil and Defense Mobilization,
(5) If,, during the period of restriction,, property is no longer suit-
able,, usable or further Breaded for the purpose for which acquired,,
the donee shall promptly notify the Director,, {office of Civil. and
Defense Mobilization through the State Agency (California Disaster
Office) and sh,a'l., as directed,, by
the Director., Office of Civil
and Defense Mobilization or` State Agency,, either retransfer 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 public sale,
(6) In the event such property is sold, traded., leased,, loaned.,
bailed,, encumbered., or otherwise disposed of during the period
of restriction -without prior approval,, the donee., At the option
of the Di.rector,, Office of Civil and Defense Mobilization.,
shall be liable to the United States of America for the proceeds
of the disposal. or for the fair market value of the property at
the time of such disposal as determined by the Director., Office
of Civil and Defense Mobilization,
(7) Property donated for purposes of civil defense reserve stocks
shall be stored in accordance with criteria made and approved
by the Directory Office of Civil and Defense Mobilization and
maintained in good operating condition by this donee acquiring
title to such property,
RESOLVE] FURTHER that a certified copy of this resolution be given to the
State of California, State Educational Agency for Surplus Property, and
that same shall remain in full force and effect until -written notice to
the contrary is given said Agency.
Signature of person authorized to s3n�J �i f'
PASSET3 AND ADOPTED THIS day of n. _; 195 ,, by the Governing
Board of the C o ,.,, County.,
California, by the following vote:
AYES* Co=i n -Sarti:,cz, �,xdj r,:t,r,
NOES: !Its,*
ABSENT:
I, .,, x , Clerk of the Governing Board of the
of �r County, California, do hereby
certify the foregoing is a full, true, and correct copy of a resolution
adopted by the said Board at a reru&r meeting thereof
held at its regular place of meeting at the time and by the vote above
stated, which resolution is on file in the office of the said Board.
/ i v
Clerk