HomeMy WebLinkAbout73-073RESOLUTION 73-73
A RESOLUTION OF THE CITY OF SANTA ANA
AUTHORIZING ACCEPTANCE OF SURPLUS FEDERAL
PROPERTY FOR PURPOSES OF EMERGENCY SERVICES
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 Defense Civil
Preparedness 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 acqusi-
tion of such property; and
WHEREAS, the City of Santa Ana desires to establish its eligibility
for such property;
NOW THEREFORE the City Council of the City of Santa Ana does
resolve as follows:
I. That Resolution 70-5 dated February 2, 1970 is hereby rescinded
in its entirety.
Ii. That it is an emergency services organization designated pursuant
to State Law, within the meaning of the Federal Property and Administra-
tive Services Act of 1949, as amended and the regulations of the Department
of Health, Education and Welfare.
III. Property requested by this document is usable and necessary in the
State for emergency service purposes, including research for any such
purpose; as 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.
IV. 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,
REGARDLESS OF ACQUISITION COSTS, 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 COSTS OF $2500 OR MORE DONATED
FOR EMERGENCY SERVICE PURPOSES:
A. All such property shall be distributed and, during the period
of restric'tion,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 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).
RES 73-73
Page Two
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:
(FSC) Group
apply.
1. Motor Vehicles, Federal Supply Classification
23 -- for which a two-year period of restriction shall
2. Items of property donated having a unit fair market
value of $25.00 or more, but less than $2500 government acquisition
cost, for which one-year period of State restriction shall apply.
3. Terms and conditions applicable to aircraft and
to vessels measuring 50 feet or more in length are specific ex-
ceptions 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, loaned, 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, re-
transfer 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 disposal or im-
proper use, the donee, at the option of the Defense Civil Prepared-
ness 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 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
administrative compliance measures, and all civil remedies and
criminal penalties provided by law.
NOW, THEREFORE, IT IS RESOLVED by the City Council that: the
City Manager, Assistant City Manager, Purchasing and Property
Control Officer, Police Chief, Fire Chief, Disaster Services
Coordinator, Equipment Maintenance Officer and Director of Public
Works are hereby designated as the authorized representatives of
said City to sign for and accept surplus Federal property, regard-
less of acquisition cost, in accordance with the conditions imposed
RES 73-73
Page Three
by the above agencies; and be it
FURTHER RESOLVED that this resolution of authorization shall
remain in full force and effect until superseded or rescinded by
resolution of this Council transmitted in duplicate to the
California Office of Emergency Services; and 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 Office of Emergency Services,
for filing with said Office and with the State Department of
Education.
PASSED AND ADOPTED THIS 16 day of July , 1973, by the City
Council of the City of Santa Ana, State of California, by the
following vote.
ATTEST
JCLERK OF THE COUNCI~
AYES,
NOES,
COUNCILMEN: Griset, Evans, Markel, Garthe, Yamamoto,
Patterson, Ward
COUNCILMEN: None
ABSENT, COUNCILMEN: None
%--" STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Aha; that the foregoing Resolution was
introduced to said Council at its regular meeting held on the 16
day of July , and was at said meeting passed and adopted by the
foregoing vote, to wit:
CLERK OF THE COUNCIL