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HomeMy WebLinkAboutCity Council - 3839 RESOLUTION NO. 3839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ESTABLISH CITY'S ELIGIBILITY TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES UNDER PUBLIC LAW 655, 84TH CONGRESS (70TH STAT. 493) 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 Certain conditions are imposed by the Defense Civil Pre- paredness 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 The City of Huntington Beach desires to establish its eligibility for such property, IT IS, THEREFORE, certified that : I . It is an emergency services organization designated pursuant to State law, within the meaning of the Federal Prop- erty 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 emergency service 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 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. 1 . /ahb THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CON- DITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, RE- GARDLESS 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 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 . 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, dur- ing 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 re- quired by the emergency service mission assigned to the donee in accordance with the emergency operational plans of the State and, where applicable, local government (which are in consonance with national emergency objectives, as now or hereafter amended) . B. Except as otherwise expressly 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 donated having a single item acquisition cost to the Federal Government of $2500 or more shall be four years from the date of donation. The specific exceptions are as follows : 1 . Motor Vehicles , Federal Supply Classification (FSC ) Group 23--for which a two-year period of restriction shall apply. 2. Items of property donated having a unit fair 2. market value of $25 or more , but less than $2500 government acquisition cost, for which a one-year period of State restric- tion shall apply . 3 . Terms and conditions applicable to aircraft and to vessels measuring 50 feet or more in length are specific exceptions to all of this section; but the provisions are those specified in the appropriate conditional transfer documents in accordance with regulations of the Department of Health, Education and Welfare . C . During the period of restriction, the property shall not be sold, traded, leased, bailed, encumbered, or other- wise 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 Services . D. 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 Emergency Services and shall, as directed by the Defense Civil Preparedness Agency, retransfer 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. E. 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 shall, at the option of the Defense Civil Preparedness Agency, revert to the United States of America. In addition, where there has been an unauthorized dis- posal 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 or where property has been improperly used, the donee shall be liable to the United States of America and all proceeds shall be 3 shall remain in full force and effect until superseded or re- scinded by resolution of this Council transmitted in duplicate to the California Office of Emergency Services ; and BE IT FURTHER RESOLVED that the Clerk of this Council 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 Depart- ment of Education. IT IS FURTHER RESOLVED that Resolution No . 3762 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of February, 1974 . 90 A Ar. a or ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 5 . deemed to 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 in this paragraph (E) of this section are in addition to ad- ministrative compliance measures , and all civil remedies and criminal penalties provided by law. NOW, THEREFORE, IT IS RESOLVED by the City Council of said City that : c AVID ROWLANDS FLOYD BELSITO City Administrator Exec ive Assistant Director, Civil Defense/ erg' cy e ices ROY HqW I WILBUR J. AGE Purcha g Officer Assistan Director of Civil De ense/Emergency Services FRANK B. ARGUE 0 Director of Finance (Property Officer) are hereby designated as the authorized representatives of said City 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 4 . Res. No. 3839 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 4th day Of February 19_ [ , by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke Matney NOES: Councilmen: None ABSENT: Councilmen: Coen City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California