HomeMy WebLinkAbout70-005RESOLUTION 70-5 AUTHORIZING THE CIT~. MANAGER,
ASSISTANT CITY MANAGER, PURCHASING
CONTROL OFFICER, AND THE DISASTER SERVICES
COORDINATOR TO ACCEPT SURPLUS FEDERAL PROPERTY
FOR CIVIL DEFENSE AND DISASTER PURPOSES
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, 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 Santa Ana desires to establish its
eligibility for such property;
IT IS, THEREFORE, CERTIFIED that:
I. The City of Santa Ana 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.
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, REGARD-
LESS OF ACQUISITION 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.
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. ADDITION L TERMS AND CONDITIONS APPLICABLE TO PROPERTY
HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE DONATED
FOR CIVIL DEFENSE PURPOSES:
Ail 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.)
-1-
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:
Motor Vehicles, Federal Supply Classification
(FSC) Group 23--for which a two-year period of
restriction shall apply.
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.
Aircraft (FSC Group 15), for which the special
terms and conditions provided in the DHEW
Conditional Transfer Document (Aircraft) covering
the transfer shall apply.
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.
Do
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 Disaster Office
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.
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 Santa Aha that the city Manager, Assistant City Manager,
Purchasing and Property Control officer, Disaster Services
Coordinator shall be and are hereby authorized as the representatives
of said City to sign for and accept surplus Federal property, re-
gardless of acquisition cost, in accordance with the conditions
imposed by the above agencies;
BE IT FURTHER RESOLVED: That this Resolution of authoriza-
tion shall remain in full force and effect until superseded or
rescinded by resolution of this Council transmitted in duplicate
to the California Disaster Office;
-2-
BE IT FURTHER RESOLVED: That the Clerk of the Council 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 ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 2nd day of February, 1970.
ATTEST:
CLERK OF THE COUNCIL
MAYOR
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Ana, california; that the fore-
going Resolution was introduced to said Council at its regular
meeting held on the 2nd day of February, 1970, and was at said
meeting passed and adopted by the following vote, to wit:
AYES,
NOES,
COUNCILMEN: Herrin, Evans, Markel, Patterson, Villa,
Yamamot o, Griset
COUNCILMEN: None
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL