Loading...
HomeMy WebLinkAboutReso 5718-1971 RESOLUTION NO. 57~8 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING CITY REPRESENTATIVES TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY ON TERMS AND CONDITIONS STATED. 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, Education and Welfare; the California Office of Emergency Services, and the State Educational Agency for Surplus Property, in connec- tion 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: 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 regu- lations of the Department of Health, Education and Welfare. 2. Property requested by this document is us able and necessary in the State for emergency service purposes, includ- ing research for any such purposes as 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 costs of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: 1. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY REGARD- LESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE 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 Defense. Office of the Secretary of the Army, Part 1802 of Chapter XVIII of 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 EMERGENCY SERVICE PURPOSES: a. Ail 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 a neces- sary means to achieve a state of operational readiness as required by the emergency service mission assigned to the donee in accordance with the emergency opera- tional plans of the State and, where applicable, local government (which are in consonance with national emergency objectives, as now or hereafter amended). b. Except as otherwise expressly provided herein- below and unless 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 acquisi- tion cost to the Federal Government of $2,500 or more shall be four years from date of donation. The specific exceptions are as follows: (1) Motor vehicles, Fedemal 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) Terms and conditions applicable to air- craft and vessels measuring 50 feet or more in length are specific exceptions to all of this section; but the provisions are those specified in the appropriate con- ditional transfer documents in accordance with regulations of the Department of Health, Edu- cation and Welfare. c. During the period of this restriction, the property shall not be sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of without the specific prior, written approval of the Regional Director of the Office of Civil Defense or the Director of the Office of Emergency Services. · d. If, during the period of restriction, property is no longer suitable, usable, or further needed for the pur- pose for which acquired, the donee shall promptly notify the OCD through the California Office of Emergency Serv- ices and shall, as directed by the OCD, retransfer the property to such department or agency of the United States of America or such other donee as may be designated by the OCD. 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 shall, at the option of the Office of Civil Defense, revert to the United States of America. In addition, where there has been an unauthorized disposal or improper use, the donee at the option of the Office of Civil Defense, shall be liable to the United States of America for all damages. Where the property is not returned to possession and ownership of the United States of America or where prop- erty has been improperly used, the donee shall be liable to the United States of America and all proceeds shall be deemed to have been received and held in trust for the United States of America and the donee shall promptly remit the same to the Office of Civil Defense. When the fair market value or rental value of the property at the time of such disposal or improper use is greater than the proceeds derived from such action, the donee shall, at the option of the Office of Civil Defense, also be liable for and promptly remit the difference between such pro- ceeds and such value, as determined by the Office of Civil Defense. The remedies provided in this paragraph (e) are in addition to administrative compliance measures, and all civil remedies and criminal penalties provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of said City that ~~e ' ~ ~GD~rlee F. Dreisbach, City Manager and ~/~/~~~, ~' ctor of Emergency ServiCes ~ (Typed name and title) / Signature ) Laurence L. Ross, Asst. City Manager and Asst. Dir. of , Emergency Services (Typed name and title) 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 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 and · rescinded by resolution of this Council, transmitted in duplicate to the California Office of Emergency Services, 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 Office of Emer- gency Services, for filing with said office and with the State Department of Education. City of South San Francisco at a regular held on the 15th day of November the following vote: AYES, COUNCILMEN I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the meeting NOES, " ABSENT, " , 19 71 , by Patrick E. Ahem. Frank J. Bertucelli. Will lam A. Borba, F. Frank Mammini and Warren Stelnkamp None None 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 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 Council. e