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Home My WebLink About2-14-61 - 3.. - ~ , i~LSOLU TI OBI CON,I3Il`TATICN OI~ SURPLUS PROPERTY OVER AND UNDER X2500 ~~~~ ?;~HEI:EAS, by Public Lair G55, S4t11 Congress (70th Stat. 493), the Federal Government la.as authorized the donation of surplus Federal prope~'ty for civil. defense purposes; and i;~IEZEAS, certain conditions are imposed by the Office of Civil and Defense Mobilization, the Department of Health, Education and ?~Jelfare, the Calii'ornia Disaster O££ice, and tl:e State Educational Agency .for Surplus Property, in connection with. the acquisition o£' such property; and 1'~F~,EREAS, the City (County) of ~~ __$~.~_~e _~~_ desires to establish its eligibility far such property; IT IS, TIICP.EirOP.E, certified that: I. Tt is a civil defense organization designated pursuant to State lair, within the meaning of the Federal Property and Administrative Services Act o£ 1949, as amended, and the regulations of the Department o£ Health, Education and iVel:~are. 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 £ox its. own use to fill an existing need; axzd is not being acquired £or any other use or purpose, for use outside the State, or for sale. III, Funds are available to pay the costs o£ care and handling in- cident to donation, including packing, preparation for shipping, loading, and transporting such property, THE DONEE HEREBY AGREES TO THE FOLLOi1~ING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS OF ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSES: A. Property acquired by the donee shall. be an. an "as is", "where is" basis, without warranty a£ any lcind, B, There will also be applicable such other terms and conditions as are .contained in the Regulations of the Office of Civil and Defense Mobilization, Title 32, Gode of l;ederal Regulations, Subtitle C, mart 1702, as in effect on the date hereof. II. ADEITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLI; ITEM ACQUISITION COST OF $2500 OR MORE DOr3ATED 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 Page 1 G 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 govern- ment (which shall be consistent with the N ational flan f or Civil Defense and Defense Mobilization, as naiN or hereafter amended). Operational readiness shall include necessary use in training under a civil defense training program approved by the State civil defense director as being in accordance with the civil defense operational plans of the State. B. Except as otherwise expressly provided hereinbelow and unless and' untig expressly waived in writing by the Director of the Office of Civic. and Defense Mobilization (CCDM}, on a case basis, the period of restriction far all items of property donated for civil defense purposes shall be four years from the date such property is first used or put in stockpile in accordance with this subsection. The specific exceptions are as folloc~rs: 1. Motor Vehicles, Federal Supply Classification (FSC} Group 23 --- for which a twa-year period of restriction shall apply. 2. Boats (FSC Group 19), Tractors (FSC Group 24), Construction, Mining, Excavating and Ilighway Maintenance Equipment (FSC Group 38), Fire-fighting and Rescue Equipment (FSC Group 42}, Pre» fabricated Structures (FSC Group 54), and Generators (FSC Class 6115} , for all of which ~a six--year period shall apply. 3. Aircraft (FSC Group l5), far which the special terms and condi- tions provided in the DTiE[~V conditional Transfer Document (Air- craft) covering the transfer shall apply. C. Reserve stock storage and installation of equipment for operational readiness shall, in addition to meeting the above criteria, meet all applicable criteria established by the OCDM. D. 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 Director OCDM, E. If, during the period of restriction, property is no longer suit- able, usable, or further needed for the purpose for which acquired, the donee sha11 promptly notify the OCDM through the State civil defense director and shall, as directed by the OCDM, either retrans-- fer the property to such department or agency of the United States of America or such other donee as may be designated, or sell the property at a publa.c sale. F. In the event any of the terms and conditions set forth in this sec- tion are breached, all right, title and interest in the property involved, at the option of the Director of OCDM, shall revert to the United Sates of .America. In addition, where there has been an un- authorized disposal or improper use of any kind, the donee, at the option?of the Director of flGDM, shall be liable to the United States for all damages. Where the property is not returned to the United Page 2 ~~~~ , States Government ox 'where property is improperly used,-the donee shall be liable~to the United States for any proceeds from the dis- posal or improper use ar 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 Director of OCDR~. NDC~I, THEREFORE, IT IS RESOLVED by the City Council (Board of Supervisors) of said City CCounty} that: ~ryT.~~pt~~~~pf~+~~~ +. t~~ R/.eyP+.~3~~r~ ~p . Pt~b..; ~R.~Tf.A.~~T~ ~Id~ry'~~.Dt~.; tA.L'ALVi 7-i [3~~ ~~i~ VI~I~~Y~~~1~ ~1~i.:~:~~~~~v~ .tlA~ ~~~ u~~• 4~i~~~ +~ ;~ ~ • 1~ame(s) and Official TitleCs)} +~ + ~ ~ k`~ Ha#~r~~~~~~~ ~"~ ~e~+ ~tt~~~ ~d$~~'~r (Signature(s)) ~ . shall be and is hereby authorized as the representative 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 IT IS FURTHER RESOLVED that this resolution of authorization sha11 remain in full force and effect until superseded or rescinded by resolution of this Council (Board) transmitted in duplicate to the California Disaster Office; azzd IT IS FURT~IER 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 Disaster Office, fox filing with said Disaster Office and with the State Department of Education. PASSED ANA ADOPTED THIS ~ l~~th day of Febrizaz~r _ _ _ , 19 ~lby the City Council (Board of Supervisors) of the City (County) of But-~e , State of California, by the following vote: AYES: Supervisors Alldredge, Pa.ttman, Pryde, Steinegger & Chairman C~a.les NOES : None ¢ ABSENT: None ATTEST: HARR~~T JA~~S, COUI~ITY CLII~I~ ~ ~~ ~~ Clerk, Deputy (/y (Mayor} (Chairman, Board of Supervisors) I, Harriett Fames , City (County) Clerk of the City (County) of Bute , California, do hereby certify the foregoing is a full, true, and correct copy of a resolution adopted by the said Council (Board) at a regular meeting thereof held at its regular place of meet- ing at the time and by the vote above stated, which resolution is on file ih the office of the said Council (Board). KAR3~IETI' DAMES, CQUNTY C~B,K ', By clerk, Deputy Page 3 ~.~~.~