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HomeMy WebLinkAboutCity Council - 1388�.r RESOLUTION No. 1388 BE IT RESOLVED by the City Council of the City of Huntington Bed and hereby ordered that:. Birder D. Castle who is tt City Purchasing Agent shall be and he is hereby authorized �r mow. as the representative of City of Huntington Beach to sign the warehouse issue sheet (SEASP Form 111) of the California State Educational Agency for Surplus Property which contains the following terms and conditions: I. THE DONEE HEREBY CERTIFIES THAT: (1) It is a tax-supported or nonprofit and tax-exempt (under Section 501 (c) (3) of the Internal Revenue Code of 1954 or Section 101 (6) of the Internal Revenue Code of 1939) school system, school, college, university, medical in- stitution, hospital, clinic or health center, or a civil defense organization designated pursuant to State law, within the meaning of the Federal Property and Administ- rative Services Act of 1949, as amended, and the regula- tions of the Department of Health, Education, and Welfare (hereinafter referred to as "The Department" ) (2) The property requested by this document is usable and necessary in the State for either educational, public health, or civil defense purposes including research for any such purpose, is required for its own use to fill an existing need, and ire not being acquired for any other us( or purpose, for use outside the State, or for sale. (3) Funds are available to pay the costs of care and handling incident to donation, including packing, preparation for shipping, loading .and transporting such property. (4) Property acquired by a donee, regardless of acquisition cost, shall be on an "as is" , "where is" basis without warranty of any kind. (5) With respect to any property listed on this document or attachments hereto which has a single item acquisition cost of $2,500.00 or more, the donee agrees to the terms and conditions in Paragraph II and with respect to any such property other than aircraft, to the terms and cond- itions in one of Paragraphs III or IV, whichever is appro- 9 t Reso. No. 1388 priate by virtue of the designation of purpose indicated on the face of this document. IIo TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $29500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUTR.&D: (1) Such property shall be used only for the educationaJl,public health, or civil defense purpose for which acquired, in- cluding research for any such purpose, and for no other purpose. (2) Donees shall make reports to the State Agency on the uses condition, and location of such property and no other per- tinent matters as may be required from time to time by the State Agency, the Department, or the Office of Civil and Defense Mobilization, as appropriate. IITo TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT HAVING A SINGLE ITEM ACQUISITION COST OF $29500.00 OR MORE DONATED FOR EDUCATIONAL OR' PUBLIC HEALTH PURPOSES: (1) Such property shall be placed in use for the purpose for which acquired no later than twelve months after acquisi- tion thereof. In the event such property is not placed is use within twelve moths of receipt the donee within 30 days after the expiration of the twelvemonth period, shall notify the Department in writing through the appro- priate State Agency. Title ard. right to the possession of such property not so placed in use within the above-ment- ioned period shall at the option of the Department revert to .the United States of America, and upon demand the donee shall release such property to such person as the Department or its designee shall .direct. (2) There shall be a period of restriction which will expire after such property has been used for the purpose for which acquired for a period of four years, except that the period of restriction on motor vehicles donated subsequent to June 3s 1955, will expire after a period of two years of such use. . (3) During the period of restriction the donee shall not sell, trade, lease, lend, bail,-. encumber, or otherwise dispose 2. Res.. No. 1388 of such property or remove it for use outside the State without prior written approval of the Department. Any sale, trade, lease, loan, bailment, encumbrance or other disposal of property, when such action is authorized by the Department, shall be for the benefit and account of the United States of America and the net proceeds thereof shall be received and held in trust for the United States of America and shall be paid promptly to the Department, except in those instances in which the Department deter- mines that the Government's administrative costs in con- nection with receipt thereof will exceed such net proceed: . (4) In the event such property is sold, traded, leased, loaned , bailed, encumbered, or otherwise disposed of during the period of restriction without prior approval, the donee ai the option of the Department, shall be liable to the United States of America for the proceeds of the disposal or for the fair market value of the property at the time of such disposal as determined by the Department. (5) If, during the period of restriction, property is no- longer suitable, usable or further needed by the donee for the purpose for which .acquired the donee shall promptly notify the Department through the State Agency, and shall, as directed by the Department or State Agency, either retran: fEc the property to such department or agency of the United States of America or such other donee as may be designate( or sell the property at public sale. Such public sale shall be for the benefit and account of the. United States of kmerica and the net proceeds thereof shall be received and held in trust for the United States of America, and shall be paid promptly to the Department, except in those instances in which the Department determines that the Government's administrative costs in connection with re- ceipt thereof will exceed such net proceeds. (6) At the option of the Department, the donne may abrogate tl .e terms and conditions set forth in Paragraphs II and III by payment of an amount as determined by the Department. IV. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAF`. ' HAVING A SINGLE ITEM ACQUISITION COST OF $29500.00 OR MORE DON ATED FOR CIVIL DEFENSE PURPOSES: 3. peso. No. 1388 (1) With respect to property donated for civil defense training purposes there shall be a period of restriction which will expire after such property has been used for such purpose for a perl0d of four years, except that the period of restri ction on motor vehicles will expire after a period of two years of such use. (2) With respect to property donated for operational readiness or reserve stock purposes, there shall be a period of re- striction which shall continue in full force and effect until released or otherwise terminated in writing by the Director, Office of- Civil and Defense Mobilization. (3) In the event any donated property' is used .during the period of restriction for any purpose other than that for which the property was acquired, without prior written author- ization by the yirector, Office of Civil and Defense Mobil- ization, all right title and interest in and to the property at the option of the -Oirector, Office of Civil and Defense Mobilization, shall revert to the United States of America. (4) During the period of restriction the donee shall not sell, trade, lease, lend, bail, encumber, or otherwise dispose of such property or remove it for use outside the State with - out prior written approval of the Director, Office of Civil and Defense Mobilization. (5) 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 Director Office of Civil and Defense Mobilization through the State Agency (California Disaster Office) and shall, as directed , by the Director, Office of Civil and Defense Mobilization or State Agency, either ret.ransfer the property to such department or agency of the United States of America or such other donee asmay be designated, or sell the property at public sale. (6) In the event suuU property is sold, traded, leased, loaned , bailed, encumbered, or otherwise disposed of during the 4o . Reso. No. 1388 period of restriction without prior approval, the donee, at the option of the Director, Office of Civil and Defense Mobilization, shall be liable to the United States of America for the proceeds of the disposal or for the fair market value of the property at the time of such disposal as determined by the Director, Office of Civil and Defense Mobilization. (7) Property donated for purposes of civil defense reserve stocks shall be stored in accordance with criteria made . and approved by the Director, Office of Civil and Defense Mobilization and maintained in good operating condition by the donee acquiring title to such property. RESOLVED FURTHER that a certified copy of this resolution be given to the State of California, State Educational Agency for Surplus Property, and the same shall remain in full force and effect until written notice to the contrary is given said envy. Signature of person authorized to sign PASSED AND ADOPTED THIS 121h day of-. + , 195_g,,,, by the City Council of the City of Huntington Beach mf Orange County, Californiag by the following vote: Councilmen: AYES: Lambert, Terry, Waite, Irb�o Councilmen: NOES: None. Councilmen: ABSENT: Bryant. is JOHN L. HENRICKSEN , Clerk of the City Council of the _ City of U=tjWdCA Beach , of Orange County, California, do hereby certify the foregoing is a full, true, and correct copy of a resolution adopted by the said Council at a Regular meeting thereof held at its regular place of meeting at the time and by the vote above stated which resolution is on file in the office of the said Board. C rtty Clerk and Ex offlelo Clerk f the City Council, of the City of Huntington Beach, California 50