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Home My WebLink AboutResolution 6877 N.C.S. 04/07/1975 MLH:mi 4 --4 - 7 5 tr. RES'OLUT'ION - RESOLUTION DEShGNATING,ROBER � ,u ROBERT H. MEYER, CITY MANAGER, DAVID L., ��H. S!� T ASSISTANT PURCHASING' T ING' OFFICER, TIMOT EDWARDS, FIRE BATTALION 'CHIEF' AND DAVID A. YOUNG, DIRECTOR OF PUBLIC WORKS, AS REPRESENTATIVES OF THE CITY OF PETALUMA AUTHORIZED TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY, REGARDLESS OF ACQUIS- ITION COST, AND REPEALING RESOLUTION NO. 6117 N.C.S. INTRODUCED BY COUNCILMAN'. Robert E. Daly and SECONDED BY COUNCILMAN William A. Perry, Jr. at a u Regular Meeting of the City Council of the City of Petaluma on the 7th day of. April, 1 COMBINATION' OF SURPLUS PROPERTY OVER AND UNDER $2,500 WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donation of surplus Federal Pro- perty 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 Disaster Office, and the State Educational Agency for Surplus Property, in connection with, the acquisition of such property; and, WHEREAS, the City of Petaluma desires to establish its eligibility for such property; IT IS; THEREFORE, certified that: I. It is a ciVl defense organization designated pursuant to State Law, within the meaning of the Federal'Property and Administrative Ser- vices Act of 1949,. -a's amended, and the regulations of the Department of Health, Education and" II. Property r:equested 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 purposes, for use outside the State, or for sale. III. Funds are available to pay the costs of care and handling inci- dent to donation, incl-uding 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 ACQUI,SITION COST, DONATED FOR CIVIL DEFENSE PURPOSES: (a) Property acquired by the donee shall be on an "as is” 1. "where i,s basis, without wa of any kind. -1- • (b) 'There will also applicable terms d'itionsas ar.eCon.tain'ed in, ther.egulations O of the con- Office b1e u ca ;_ Office of Civil Defense, Office of the Secretary of the Army, Part 18.02 Of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITI TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING ... A SINGLE ITEM .A'CQUISITION 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 opera- tional readiness as required by the civil defense mis sion assigned to the donee in accordance with the civil defense! operational plans of the State and, where ap- plicable., 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 as case basis, the period of restriction for all Of property donated having a single item acquisi- tion to the Federal Government of $2,500 or more shall be four years from date• of donation. The speci- fic exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 - -for which a two -year period of restric- tion shall apply. 2. Items of property donated having a unit fair value of $25 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 provided in the DREW Conditional Transfer Document (Aircraft) covering the transfer shall apply. Pp Y- (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 suitable, usable, or further needed for the pur- pose for which acquired, the donee shall promptly notify: the OCD through the California Disaster Office and shall, as directed by` the . 00D, either: (1) retransfer the pro - perty 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 thes a�e breached,, all conditions set forth Y ll right, title and in- terest in the property involved, at the option of the Regional Director of of OCD, shall revert to the United -2- States' o'f' 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 im- properly Used, the donee shall be liable to the United States for any proceeds from the disposal, or improper use, at the option of and as determined by the Regional Director of OCD. NOPJ, THEREFORE, .BE IT RESOLVED by the City Council of the City of Petaluma that ROBERT H. MEYER, . City Manager, DAVID L. SMITH, Assistant Purchasing Officer, TIMO.THY :EDWARDS, Fire Battalion Chief, and DAVID A. YOUNG, Director of Public Works, are hereby authorized as the representa- tives of said City of Petaluma to sign for and accept surplus Federal property, regardless of acquisition cost, in accordance with the condi - - tions imposed by the above agencies; and, BE IT FURTHER RESOLVED that this resolution of authorization shall remain in full force and effect until superseded or rescinded by resolu- tion of this Council transmitted in .duplicate to the California Disaster Office; and, BE IT FURTIIER RESOLVED that the Clerk of this Council is hereby author ized 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. BE IT FURTHER RESOLVED that Resolution No. 6117 N.C.S. be , and the same is hereby, repealed;° * * * * * * * *. *, * *. * * * * * * * * * * * * * * * * * * * * * * I hereby certify that the foregoing resolution was duly and regu- larly introduced and adopted' by the .Council of the City of Petaluma on the 7th day of April, 1975, by the following vote: AYES: Councilmen Brunner, Cavanagh, Daly, Harberson, Per & Mayor Putnam NOES: None ABSENT: Councilman Mattei. Mayor f Attest: 'City 'erk 1 SIGNATURES OE PERSONS AUTHORIZED [ TO SIGN: . . . [ :RobeIrt H. IMeer`, City Manager [ [ David L Smith, Asst Purchasing [ ' < r �.,, [ Officer ' [Davi .,. .. 1 d A ug w : : Yon D /rector o , Pub- [tic Works ' (-X [ � ' t � f �� h v�wC t,l'v °U [Timothy Edwards, Fire Battalion [Chief -3-