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Home My WebLink About72-080RBSOLUTION NO. 7 ~-S~ COM$INATION OF SURPLUS PROP~FtTY OVER AND U~IDER 5~ WH~REAS, by ~'ublic Law 555, 84th Congress (~Oth Stat. 493), the ~ederal Government has authorized the cbnation of surplus Federal pra~aerty fox c~.vi~ defaise purposes; and WHFREAS, certain conditiions are imposed by the Office of Civi3. D~tense, Region 7, the Department of Health, Education and We~fare, the Ca].ifornia Of~ice af ~]nergency Services, and the State Educational Agency ~ar 5urplus Property, in connection wi'Ch th e acquisitian of such property; and W~~ERFAS, the ~'/Coe~nty of Bu~te _ . ciesi~es to establish its eligibility for such pxoperty; IT IS, TI-~R~FORE, certified tha~: I. It is an ernergency sexvices arganization designated pur- suant to State law, witha.n the mean3r~g of the Federal Pr~~erty and Acim~nistrat~.ve Services Act of 1949, as amended, an d the Xegulations of the Departznent of Health, Education and Welfare. IT.. , Property reques~ted hy this ciocument is e~sab~e and neces- sa~ry in the 5tate fax ediergency service purposes, i~c~~xding research fa~ any such purpase; as required for its own use to fi.~.]. an exist~.nc~ need; and is not being acquired for any other use or puxpase, ~or use ou~side of the State, or for sale. IZi. Funds are availab,~e to pay the costs of care and handlinq i.ncident to donatxon, inc~uding packing, preparatior~ for shipping, laading, and transpor ting such pxoperty. T:fE DONEE HEREBY AGRfiES TQ THE FOL~,OWING TEi3MS A~iD ODNDITIONS: ~. T~tMS A~ID CONDITIOiVS APPLICAS.E TO Ai.L PROPERTY~ REGARD- LE:iS OF AC~UISITION ~ST, DC3NATED FDR EMERC~NCY S~RVTCE PiJRPOSES: A. Property acquired by the donee shai~ be on an "as is", "where a.s" ba.sis, without waxxantiy of any kind. S. The~e wi~l also be applicable such other tezms at~d cont3itions as are contained in the regu7.ations of the ~ffice of Civil Defense, O~ffice af the Secretary of the Army, Part 1802 of Chapte~r XVZTI of Title 32 of the Code of Federa.l Regul.ations. ~I. ADDITTOi~IAL TERMS AND CONDITIONS APPLICc#BLE 1~0 PROPERTY I~WVING A SINQ,E TT&M ACQU~SITION COST OF $2500 OR MORE DCNATED FOR EMERGFNC'Y SFRV~~B PURPC3SES: A. All such property shall be distrihu~ed and, during the period of restxiction, be properly maintained in good Qperatio:na7. candi- tion an,d stored, or installed or u~i lizec.i only as rtecessary ta achieve. a <° ~~ - . ~..,.. s~ate of operational readiness as required by the emergency service mission assigned to the donee ~.n accordarice with ~he emerg~cy operational plat~s af the State and, where ap}~licable, ].ocal government (which are i.n consonance with natidnal emexgency objectives, as now ox hereaftez amended}. B. F~rcept as otherwise expxessly pro~ided herein be~ow and unZess and until expressly wa~.ved ~.n writing by the Regional Director o~ the O~fice o~ Civil DeFersse, on a case basis, the periad af restriction for all items of p:~operty d~nated having a sinsle i.tem acquisition cost #o the Federal Gavernment o~ $2500 or moxe shall be fo~x years from the date of dona~ion. The specific exceptions are as fo~Iows: 1. ~totor Vehic~es, Federal Supply Cl.assificati.on {FSC) Group 23 -- for which a~wo-year period of restziction shall appl.y. 2. It~s of property donated having a unit fair market value of $25;00 or more, but less than $2500 c~overnment acguisiti.on cost, for which a ot~e-year perko d of State restric- tion sha~~ applyd 3. 7'ern~s ar~c~. cond~tions applicable to aircraft and ta vesse~.s mea,suring 50 fee~ or more in ].ength are specifi~ exceptions ~a a~l o~ thas sectio n; but the pxava.sions axe those speci f ied in the appropx iate conditianal tran sfer ciocument s in a.ccorciance with regulati ons of the Department of Health, Educa- tion and Welfare. C. During the period of restrictio n, the property sha11 -r~ot be so~d, t~aded, leased, loaned, hai7.ed, encurabexed, ox othervtise •disposed af without the speczfic prior, written approval of the Regiona~ Director o~ the O~fice of Civil Defense ar the Dire~tar a~ the Office o~ F.~nexgency Services. - D. If, during the periad of xestricti.an, prop~~ty is no latxger suitable, usable, az fux ther needed for the purpose for which acqe~ired, the c~at~ee shall prompt~y notify the Office of Civil Aefense thrflugh the Office of Smergency Services a.t~d shall., as dir~ec~ed by the Office o~ Civil be.fense, retXansfer the property to such department or agency of the ~lnited States of America or such other donee as may be designatec3 by the ~f:Eice of C~vil Defense. ~. In f.he event any of ~the terms and candi~ions set fax~h in this secfiion are bxeached, a~i ri.ght, tit~e, and interest in ~he property ir~volved shall, at the opti.on of t.tie Office of Civi]. Defe~zse, revert to the United States af America. In addi~ion, where ther e has been an unauthorized disposal or improper use, the donee, at the op~zon of the O~fice of Civil Detense, sha~.7. be liatsle to the Unitec~ States oF America for all. damages. Where the praperty is not returned to possession and owner- ship of •ihe United Sta~tes of r~merica or where property has been improperly used, the donee sha].1 be Iiai~le to the i9ni~ed States of Amer ica and al.l pra- c~eds shaZl be deemed to ha.ve been received and held in trust for the United 5tai:es of America and the donee shall pramptJ.y xemit the same to tne Uffice of Civil Defense. When the .f,aix market value or rental value of the property at the ~ime of such dis~sosa~ or impza~er use .is gxeate~r than the pXOCeeds derzved f.rom such ac~ian, the donee sha~l, at the option of the Office of Ci.vx~. Defense, also be liabie for and promptly remit '~he di.f~erence between 3. such praceeds and such va~.ue, as determined by the Otf~.ce of Civil Defense. The remedies pravided ir~ this paragraph (g) of #his section are in ac3ditz.on to administxative compliarice measures, and a~.l civi.Z remedies and criminal penaltie s provided by Iaw. . NOW, THEREF7URE, IT IS RESOLVFD by ~he ~~~{~~[#~~/Board of Supervisa rs o~ said Q~~/County that : Civil Disas~er Water Resource (Name{s) Off~.cer & s En~i.neer and Offica.al Titl~{s)) (Manua 1 SS.gr~atur e ( s Purchasing ~~'~'icer are hereby designated as the atithorized representatives' of said ~~/County ta sign for and accept suxpl.us Federal property, regardless nf acquisition cost, in accordance rv~.th the oond3.tidns impos~d by the above agen~ies; and be it FURTF-~R l~ESQLVED that this resoiution o~f authorizati~n sha~.l. remain, zr- ~u7.1 forc:e ~nd effect unti.I superseded or rQSCa.nded by res~lu#ion of this ~#~~~/Foard tran sm~rted in dupli~ate to the Cali~arnxa ~ffice of Finergency Services; and be i# FiJRTHER RESOLV~D that tl~e Cl~erk a~ ti~is ~€i~~~{/Board is hereby authari~ed and directed to send two (2) certified copies of. this resolution to the Califoxnia Office of Emergency Services, for fi ling with said Office and with the 5tate Depar#m~nt ot Educatian. PASSED ArfD ADO PTEE} THIS 2 5~h day of Apri 1 ~~,g 7~ ~ by the X~X~~ Board of Supervi.soYS oT the ~~ /County af ~uttBi~~ ~~_, State of Cal.i.fornia, by the fol~.owxng uate: ay~; Sup~rv~sors NoFS : Nane ~,ss~tT: None A~1'EST: ~~ ~ CJ.exk . ...~...~ ` Madigan, Maxon, Reynold.~ and Chai rman Gilmart~ rman rd of SuQervisor s~ I, Clark A. Ne].son ~, ~~Cannty Clerk the ~IfrfCa~nty of BLit'~E is a fu].I~, true,- ~~g~g}~~/~oard at placa oT meeting ~.s on fi le in the ~ __~~_, Califarnia, c~a he e certify the foxegoing and coXxect copy of a resalutio adoptec3 by the sa~.d a ~'e ulal' meeting thereaf held' at its regu~ar at the '~ime and by the vote above stated, which resol.uti.an office of said ~i~S~jBoard. C1ark A, Nelson, County C~.erk and ex-off~cio Clerk of the Boara By,- ~/~ C~erk T Thomas B. Struthers Revised 2/?~.