Loading...
HomeMy WebLinkAbout2357_CCv0001.pdf RESOLUTION NQ. 2357 COMFINATION OF SURPLUS PROPERTY OVER AND ENDER $2500.00 itra'REAS, by Public Law 655, 84th Congress(70th Stat. 493), the Federal Government has authorized the donation of surplus Federal property for Civil Defense purposes; and MEAS, certain conditions are imposed by they Office of Civil and Defense Mobilization, the Department of Health, Education and Welfare$ the California Disaster Office, and the State Educational Agency for Surplus Property, in connection with the acquisition of such property; and WHEREASO the City of Redlands desires to establish its eligibility for such property; ' IS, THP."REFCRE, certified that: 1. yt is a civil defense organization designated pursuant to State lawn within the meaning of the Federal. Property and Administrative Services Act of 19 9, as amended, and the regulations of the Department of Health, Education and Welfare. 11. Property requested by this document is usable and necessary in the State for civil, ale.:ense purposes„ including research for any such purpose; is required for its o,rn use to fill an existing need; and is not being acquired for any other use or purpose$ for use outside the Statep or for sale. 11.1. Funds are available to pay costs of care and handling incident to donation, including packing, preparation for shipping$ loading, and trans- porting such property. THE DOSE =BY AGREES TO THE FOLLO7dT%tO 'TERM AND CONDTTION s 1. TMM AND CONDITION'S APPLICABLE TO ALL PROPERTYy REGARDLESS OF ACQUISITION COST$ DONATED FOR CIVIL DEFENSE PURPOSES r A. Property acquired by the donee shall be on an "as is", "where is" basis., without warranty of any kind. D. 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 32g Code of Federal. Regulationsp Subtitle Co Part 17029 as in erfect on the date hereof. 11, ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED FOR CIV17L DANSE PURPOSEs: A. All such property shall be distributed and, during the period of restrictions be properly maintained in good operational condition and dtoredg or installed or utilized only as necessary to achieve a. state of operational readiness as required by the civil defense mission assigned to the donee in accordance with the civil aefense operational plans of the State and, where applicable, local govern- ment (which shall be consistant 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 (Xa'K), on a case basis, the period of restriction for all items of property donated for civil defense purposes shall be four 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 Classificatio4 (PSC) Group 23 -- for which a two-year restriction shall apply, 2. Boats (FSC Group 19), Tractors (FSC Group 24), Construction, Ydring, Excavating and Highway Maintenance Equipment (FSC Gaup 38), Hre-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 special terms and conditions provided in the DHKW Conditional Transfer Document (Aircraft) 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, bailed, encumbered, or otherwise disposed of without the specifics priors written approval of the Director OCD.ML . 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 througlk the State civil defense director and shall, as directed by the OCDVis 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 section are breached, all right, title and interest in the property involved, at the option of the Director of XaM., shall revert to the United States of America, In additiong -where there has been an unauthorized disposal or improper use of any kind, the donee, at the option of the Director of OC1, shall be liable to the United States of America for all damages. Where the property is not returned to the United States Government or where property is improperly used., the donee shall be .liable to the United States for any proceeds .from the disposal or improper use or for the fair market value or rental valve of the property at the time of such disposals or improper use, at the option of and as determined by the Director of OCDM. NOW, THEREFORE$ IT IS RESOLVE --.the _C�ty_qou4cil ofsaid City that: `, RQ Pa Merritt Jr. , City Manage C. � shall be and are hereby authorized as the representives "ofsaid City to sign for and accept surplus Federal property., regardless of acquisition 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 superceded 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 Council 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 L6tb day of , 1964, by the City Council of the City of Redlands,, NtMe of California, y"the following vote: AYES LIA" bU * ; r WSOMOrp V*4014 a< 7s "_ fir" NOES: ABSENT° ATTEST: 18 City Clerk of the City of Redlands, Californias do hereTy-certify the foregoing is a full, true and correct copy of a resolution adopted by the said City Council at a regular 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 City Clerk. iy er