HomeMy WebLinkAboutCC Resolution 4524SURPLUS PROPERTY
RESOLUTION NO. 4524
COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Law 655, 85th 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 Velfare, the
California Office of Emergency Services, and the State Educational Agency
for Surplus Property, in connection with the acquisition of such property;
and
WHEREAS, the City of San Rafael desires to establish its eligi-
bility for such property;
IT IS, THEREFORE, 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 regulations of the Department of
Health, Education and ldelfare.
II. Property requested by this document is usable and necessary
in the State for civil defense purposes, including research for any such
purpose; is required for its own 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.
III. 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:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISI-
TION 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 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.
II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE
ITEM ACQUISITION COST OF $2,500 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 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 hereinbelow and unless and
until 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
acquisition 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 Classification (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 con-
ditions provided in the DHEW Conditional Transfer Document
(Aircraft) covering the transfer shall apply.
C. 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 Regional
Director of OCD or the California Office of Emergency Services.
D. If, during the period of restriction, property is no longer suitable,
usable, or further needed for the purpose for which acquired, the
donee shall promptly notify the OCD through the California Office of
Emergency Services and shall, as directed by the OCD, either:
(1) re -transfer 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 sale.
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 OCD, 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 Regional Director of OCD, shall be
liable to the United States 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
Regional Director of OCD.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of
San Rafael, that: /J A/
BIELSER, Director, Emergency ervices, and Purchasing Agent
and
ROB -ERT E. MARCUCCI, Assistant Director, Emergency Services,
shall be and are hereby authorized as the representatives of the City of
San Rafael to sign for and accept surplus Federal property, regardless of
acquisition cost, in accordance with the conditions imposed by the above
agencies; and
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IT IS FURTHER 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 Office of
Emergency Services; and
IT IS FURTHER RESOLVED that the Clerk of the City of San Rafael
is hereby authorized and directed to send two (2) certified copies of this
resolution to the California Office of Emergency Services for filing with
said Office and with the State Department of Education.
I, MARION A. GRADY, Clerk of the City of San Rafael, do hereby
certify that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of said City held on the
2nd day of July , 1973, by the following vote:
AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: Councilmen: None
ABSENT: Councilmen: Mayor Bettini
�.e.e.,•Y... C. /�-"—moi
MARION A. GRADY, City Clerk
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