HomeMy WebLinkAboutReso 5097-1969 RESOLUTION NO. 5097
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONCERNING COMBINATION OF
SURPLUS PROPERTY 0VER AND UNDER $2500.
WHEREAS, 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 Defense, Region 7; the Department of Health, Educa-
tion and Welfare~ the California Disaster Office~ and the
State Educational Agency for Surplus Property, in connection
with the acquisition of such property, and
WHEREAS, the City of South San Francisco desires to
establish its eligibility for such property;
NOW, THEREFORE, IT IS CERTIFIED THAT:
1. It is a civil defense organization designated pur-
suant 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.
·
2. Property requested by this document is usable and
necessary in the State for civil defense purposes, including
research for any such purpose; it is required for its own
use to fill an existing need; and it 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 'co'sts of care and
handling incident to donation, inclu'ding packing, preparation
for shipping, loading, and transporting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
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1. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,
REGARDLESS~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 0ffiee of Civil Defense,
Office of the Secretary of the Army, Part 1802
of Chapter XVIIIi.lof Title 32 of the Code of
Federal Regulations.
2. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF
$2,500 OR MORE DONATED FOR DIVIL DEFENSE PURPOSES-
a. Ail such property shall be distributed and,
during the period of restriction, be pro~e~y~
maintained in good operational condition and
stored, or installed or utilized only as a neces-
sary means to achieve a 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 government (which
are in consonance with national civil defense
objectives, as now or hereafter amended).
b. Except as otherwise expressly provided here-
inbelow and unless and until expressly waived~in
writing by the Regional Director of the Office
of Civil Defense (0CD), on a case basis, the
period of restriction for all items of property
donated having a single item acquisition cost
to the Federal Government of $2,500 or mope shall
be four years from date of .donation. The specific
exceptions are as follows:
(1) Motor vehicles, Federal Supply Classi-
fication (FSC) Group. 23 - for which a
two-year period of restriction shall apply,
(2)
Items of property donated having a unit
fair value of $25.00 or more but less
than $2,500, for which a one-year period
of State restriction shall apply.
(3) Aircraft (FSC Group 15), for which
the special terms and conditions pro-
vided in the DHEW Conditional Transfer
Document (Aircraft) covering the trans-
fer shall apply.
c. During the period of restriction, the property
shall not be sold, tradmd, lea~ed, loaned, bailed,
encumbered, or otherwise disposed of without the
specific, prior, written approval of the Regional
Director of OCD or the California Disaster Office.
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d. If, during the period of restriction, property
is no longer suitable, usable, or further needed
for the purpose for which ~cquired, the donee shall
promptly notify the OCD through the California
Disaster Office and shall, as directed by the OCD,
either: (1) retransfer the property to such
department or agency of the United States of America
or such other donee as may be designated, or (2)
sell the property at a public place.
e. 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 Regional Director of 0CD, shall
revert to the United States of America. In addition,
where there ~has been an unauthorized disposal or
improper use of any kind, donee, at the option of.
the Regional Director of OCD, shall be liable to
the United States for all damages. Where the prop-
erty 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
Regional Director of 0CD.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
said City that
Thomas McKenZie o
Director of Civil Defense and
Disaster
Assistant Director of Civil
Defense and Disaster
shall be and are hereby authorized as the representatives of
said City to sign for and accept surplus Federal property,
regardless of acquisition cost, in accordance with the con-
ditions imposed by the above agencies; and
IT IS FURTHER RESOLVED that this resolution of authoriza-
tion shall remain in full force and effect until superseded
and rescinded by resolution of this Council, transmitted in
duplicate to the California Disaster Office, and
IT IS FURTHER RESOLVED that the City Clerk of said
City 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.
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Passed and adopted this 16th day of June ,
19 69, by the City Council of the City of South San Francisco,
State of California, by the following vote:
AYES~ COUNCILMEN Fr&nk J. Bertucellt, Patrlck~E. Ah~n, F. Frank
Mammint, Andrew Rocca and Warrofl'S~einkamp
NO ES ~ " None
ABSENT, " None
ATTEST:
City Clerk ~ "
I, Arthur A. Rodondi, City Clerk of the City of South
San Francisco, California, do hereby certify the foregoing
is a full, true and correct copy of a resolution adopted by
the said Council at a r~ular 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 Council.
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