HomeMy WebLinkAbout2366_CCv0001.pdf RESOLUTION NL. .,Z36_C
COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $21-500.00
WMREAS9 by Public Law 655, 84th Congress(70th Stat. 493), the
Federal Government has authorized the donation of surplus Federal property
for CiviI. Defense purposes.; and
WIEREAS, certain conditions are imposed by the Office of Civil and
Defense Mobilizationi 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
TWEREAS, the City of Redlands
desires to establish its eligibility for such property;
IT IS
THEREFCRE, certified thatg
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.
11. Property requested by this document is usable and necessary
in the State for civil iiefense purposes,, including research for any such purpose;
is required for its c*m 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.
111. 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 DONS HEREBY ACREES TO THE FOIJOVING T=4S AND CONDITIONS:
1, TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISITION
COST, DONATED FOR CIVIL DEFENSE PURPOSES.,
A. Property acquired by the do-nee shall be on, an "as is", "where is'?
basis
.9 wa.th-out '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,,
I _�
Part 1702, as in effect� on the date hereof.
II. ADDITIONAL TERM AND CONDITIONS APPLICABIE TO PROPERTY HAVING A SINGLE
1'M1 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 state
of operational readiness as required by the civil defense
mission assigned to the donee in accordance with the civil cezense
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 (OCDM)., 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
lased or pat in stockpile in accordance with this subsection. The
specific exceptions are as followsf
1. Motor Vehicles., Federal Supply Classificatio4 (13C) Group 23 --
for which a two-year 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 si:x-year period shall apply.
3. Aircraft (FSC Group 1). for which special terms and conditions
provided in the DREW 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 specific., prior., written approval of the Director
CCDM®
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 {CDM 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 section
are breached., all right, title and interest in the property involved,
at the option of the Director of 0CDM, shall revert to the United States
of America. In addition,, where there has been an unauthorized disposal
or improper use of any kind, the donee., at the option of the Director
of OCDM., 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 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.
Ngd,, THEREFORE, IT IS RESOLVED by the City Council of said City that:
R. P. Merritt, Jr. , City Manager and Peter A. Jezerinac, Purchasing Agent
shall be and are he r jbauthorized as the representives of said Ci to sign for
and accept surplus Fe ral proper ty, regardless of acquisition coste in accordance
with the conditions imposed by the above agencies, and
LT IS FURTPM RESOLVED that this resolution of authorization shall
remain in full force and effect until superseded or rescinded by resolution of
this Council transmitted in duplicate to the California Disaster Office; and
IT T- FURTHER RESOLVED that the Clerk of this Council is hereby author-
ized 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 7th day of April, 1964, by the City Council
of the City of RedlandsState of Californla, by the following vote,
AYES: Councilmen gurroughs, Hartlaux, Wagner, gartzell
Mayor Parker
NOES s Neu*
ABSENT. yen*
ATTEST.-
Ci Clerk V Mayor of the City ofRedlands
T
� j , City Clerk of the City of RedlandsW California, do hereby
cert. t e fo gol -g is a full. true and correct copy of a resolution adopted
t3 42+ygo
by 4the said Ci y 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,
Ci tlQ r k, 7ty of Eands