HomeMy WebLinkAboutResolution 6951 N.C.S. 05/19/1975 ��•- RESOLUTION N0. 6951 0 ORIGINAL I °
COMBINATION_OF.SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Law 655, '84th Congress (70th Stat. 493), the
.Federal Gover.nmen.t has authorized the donation of surplus Federal property .
for civil defense purposes; and
WHEREAS, certain conditions are imposed by the Defense Civil
Preparedness. Agency, Region Seven, the Department of Health, Education and
Welfare, the California Office of Emergency Services, and the State
Educational Agency for Surplus ' Property, in connection with the acquisition
of such property; and I
- WHEREAS, the C 'ty/ 1106PM of Petaluma. •
desires to establish its eligibility for such property;
IT IS, THEREFORE, certified that:
L. It is an emergency services organization designated
• pursuant to State law, within the meaning of the Federal Property and
istrative Services Act of 194'9, as amended, and the regulations of the
Department of Health, Education and•Welfare.
II. . requested by this document is usable and
necessary in the State for emergency service" purposes, including research
for any such purpose; as required for its own. use to fill an existing need;
and is not being acquired for .any .other use or purpose, for use outside of .
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:
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I. TERMS. AND CONDITIONS•APPLI:CABLE 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 1
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.
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• ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY •
HAVING ,A SINGLE ITEM ACQUISITION COST OF $2500' 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 condi- ;
tion and stored,- installed or utilized only as necessary to achieve a
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• stet of operational reedineteas required by the emergency service mission
assigned to the donee in ecoordente:with the eMergenty,operational plans of
.the State and, where applicable, local governMept (Which are in consonance
• with national emergentV objectives, , as new or hereafter amended). .
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8. Except as otherwise expreSpIV provided herein below
and unless and until expressly waived in writing' by the Regional Director
of the Defense Civil Preparedness Agency, on a case basis, , the period of
restriction for all items of property dbnated ha a-single item ecquisi-
• tiOn cost to the Federal Government of $250 dr! more 01811 be four years
• from the date of dOnation. The specific exceptions ere es follows:
1. Motor Vehicles, Federal Supply Classification
• ':.(FSC) Group 23 -- for Which 6 two-year period of shall apply.
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2. Terms and conditiOne appliOeble to:laircraft and
to vessels measuring 5 fePt orMore in: length are specific exceptions to
all nf this eectiOm_but the provisions art'.thOsecspeCified in the appropri-
ate conditional trantfer documents accordance with regulations of.the
. Department of Health;HEduoetion and-Welfare. •
C. items of property donated having a unit fair market
value of $25.00 or'mpre, bUt less than 42500 government acquisition cost,
for which a one-year period -of State restriction shall apply.
D., During the period of restriction, the property
not be sold, traded, leaeed bailed, entbMbered, or otherwise
disposed of Without: the specific prior written approval of the Regional
• Director of the Defense' Civil Preparedness . Agency or the Director of the
• Office .of Emergency Servicee
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E. 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 Defense Civil Preparedness
• Agency., through the Office of Imergency Services, and shall, as directed by •
the DefeneeCivii Preparednees.Agenby,:retranefer the, property to such
-department or agency of the United States of America Or 'such other donee as
may be designated by the Defense. Civil Preparedness Agency.
• F. In the event any of the terms .and conditions set forth
• in this section are breached, all Tight, title, and interest in the property
involved shall, at the option of the Defense Civil Preparedness Agency,
• revert to the United 8tatet America. In addition, Where there has been
• an unauthorized disposal or improper use, the donee, at the Option - Of the
Defense Civil Preparedness Agency, 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 at where property has been
i0ProPerlY'used,the donee shall be liable to the United States of America
and all preCeede'ehallbt: deemetLtO have been received and held in trust for
the United States of America and the donee shall promptly remit the same to
the Defense Civil Preparedness Agency. 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 Defense Civil Preparedness Agency, also: be liable for and
promptly remit the difference between such proceeds and such value, as
determined by the Defense .Civil Preparedness Agency.: The remedies provided
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in this , paragraph (F) of this section are in addition to administrative
compliance measures, and all civil remedies and criminal penalties provided
( bY law.
NOW, THEREFORE, IT IS RESOLVED by, the •City Council/Board of
Supervisors of said City/County that:
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Robert H. Meyer, City ,Manager John L. Scharer, Finance Director
• (Name(s) and Official T -- le(s))
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( 1‘) , /
(Manual Signatur s )
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are hereby designated as the authorized representatives of said City/County
to sign for and accept surplus Federal property, regardless of acquisition
cost, in accordance with the conditions 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 resolution
of this Council/Board transmitted in duplicate to the California Office of •
• Emergency Services; and be it
• FURTHER RESOLVED that the Clerk of this Council/Board 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.
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PASSED AND ADOPTED THIS 19thday of May, , 19 , by the
• City Council of the Cityamumtwaf Petaluma ft
State of 'California. by the following vote:
AYES: Councilmen Brunner, Cavanaugh, Daly, Harberson, Mattel.,
• NOES: None. • and Mayor Putnam.
'ABSENT:Councilman Perry. .
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ATTEST: 1 •
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0 le r k7 ayori INT 4 :• ., :xs.,.,,.r . . N. X
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, • _I, MatiOrie J. Wilsnri , City/ftxitiagiimk" of the CitygggigHOC/Pg
-- rp , California, do hereby certify the forego-
ing is 'a full; true, and correct copy of a resolution adopted by the said
Council/Board at a _rpgli 1 a r. meeting thereof held at its regular
place of meeting at the time and by the vo above stated, which resolution
is on file in the office of said Council/Board.
.
Clerk/
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