HomeMy WebLinkAboutResolutions - No. 2836RESG LUTIG t
COMBINATION OF SURPLUS FROPERTY OVER 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 certainconditions are imposed by the Cffice of Civil L
fense, Region 7, the Department of Health Education and Welfare, the Cali-
fornia Disaster Office, and the State Educational Agency for Surplus Property,
in connection with the acquisition of such property; and
WHEREAS the City (COCIDC9, of Lodi
desires to establish its eligibility for such property;
IT IS, 11ThK ttx<E, 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 Welfare.
11. 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.
111. Funds are available to pay the costs of care and handling
incident to donation, includingpacking, preparation for shipping, loading,
and transporting such property.
THE CONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I. TLERIVH ANDC7ONDITIONSAPPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISI-
TION COST, CONATD 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 w i 1 1 also be applicable such other terms 2nd 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 TNS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE
11'EM ACQUISITION COST OF $2,500 OR MORE DONATED FOR CIVIL DEFENSE
PURPLES :
A.
A 1 1 such property shall be distributed and, during the period of
restriction, be properlymaintainedin good operational condition
2 .4- 3 .G
2.
B.
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 inaccordance with the civil defense
operational plansofthe State and, where applicable, local govern-
ment (which are in consonance with national civil defense objec-
tives, as now or hereafter amended).
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 ofproperty 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 fairvalueof $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 Disaster Office.
D. If, during the period of restriction, property is no longer suit-
able, usable, orfurther needed forthepurpose for which acquired,
the donee shall promptly notify the OCD through the California
Disaster Office and shall, asdirected by the OCD, either: (1) re-
transfer the property to such department or agency of the United
States of Americaor 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 pro-
perty 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.
2.
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 inaccordance with the civil defense
operational plans of the State and, where applicable, local govern-
ment (which are in consonance with national civil defense objec-
tives, as now or hereafter amended).
EL 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 a 1 1 items ofproperty 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 fairvalueof $25.00
or more but less than $2,500, for which a one year period of
State restriction shall apply.
3. Aircraft (FSC Group 1.5) , for which the special terms and con-
ditions provided in the DHE/ 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 Disaster Office.
D. 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 OCD through the California
Disaster Office and shall, asdirected 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 nrry 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 pro-
perty 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.
3.
NOW, THEREFORE, IT IS RESOLVED by the City Council (Board of Super-
visors) of said City (County) that:
tinney A. Malicia' jr.9 Citi Metes
(Name(s) and Official Title(s))
(Signature(s) )
shall be andishereby authorizedasthe representative of said City (ifileuttisig
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 resolutionofauthorization shall
remain in full force and effect until superseded or rescinded by resolution
of this Council (4601,66t transmitted in duplicate to the California Disaster
Office; and
IT IS FURTHER RESOLVED that the Clerk of this Council (iarivak 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.
PASSED AND XCOFTED THIS 7th day of JAW , 19_0 by the
City council - of the City (O001 of #.Odi
State of California, by the following vote:
AYES : UC* , Cu2bvttsoao DOW, tom.ft* sad
NOES : MGM
ABSENT:Igor*
Deputy Clerk
AV'
I _Ibillsbe *• Mtlao,DspO* C:i f (..d.il,,a'y:.Clerk of the City (010X0294
of Lodi , California, do hereby certify the fore-
going is a full, true, and correct copy of a resolution adopted by the said
Council ( at a inQulai.e`r-•.::z. •-.meeting thereof held at its regular
place of meeting at the ti'and.•-rig `the.,vote above stated, which resolution
is on file in the offi
.-;, thv sic uracil (91111104._ -----)p
yor) Chaff_ .- Bard ai Supervisors)
Revised 8-20-64
:r�- Cierkr
•