HomeMy WebLinkAboutReso 6130-1973 RESOLUTION N0.''6130'
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING CITY REPRESEN-
TATIVES TO SIGN FOR AND ACCEPT SURPLUS
'~RO~RTY'ON TERMS'AND'CONDITIONS 'STATED.
WHEREAS, by Public Law 655, 84th Congress (70th Stat.4g3),
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:
1. It is a civil defense organization designated pursuant
to State law, within the meaning of the Federal Property and
Administrative Services Act of 194g, as amended, and the regu-
lations of the Department of Health, Education and Welfare.
2. Property requested by this document is usable 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:' '
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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. 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 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 {OCD),
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, Federal Supply .C.~a'ss'i'-
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,
Education 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.
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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
(Signature)
Edward G. Alario, Assistant Director
· ·of .Emergency Services
{Typed name and title}
Donald W. Allen, Coordinator of
~~~ ~~ EmergencY Services ..............
(Signature) (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 authoriza-
tion shall remain in full force and effect until superseded and
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rescinded by resolution of this Council, transmitted in
duplicate to the California Office of Emergency Services, and
IT IS FURTHER RBSOLVED 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.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of the
City of South San Francisco at a n'adjourned'regu)ar meeting
held on the' 'gth '' day of .... Ju~v ' , 1973, by the
following vote'
AYES, COUNCILMEN .... Patrick' E~ 'Ahern, 'William A~ 'Bo'rba,
.... 'Terry 'J'.' Nlirr'il; 'and' warren' sfeinkamp
N 0 E S, " ..... None .............................
_.
ABSENT, Il F. Frank' Mammini
I, Arthur ^. Rondondi, 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
adjourned
the said Council at a n~ reeUlar' 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
Counci.1.
·
City Clerk