R-4532
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RESOLUTION NO. 4532 ICCS)
{CITY COUNCIL SERIES}
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA COMPLYING WITH CERTAIN PROVISIONS
OF PUBLIC I,.AW 655 PROVIDING FOR-COMBINATION OF SURPLUS
PROPERTY OVER AND UNDER $2, 500.
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 unposed by the Defense Civil
Preparedness Agency, Region Seven, the Department of Health, Education
and Welfare, the California Office of Emergency SerVJ.ces, and the State
Educational Agency for Surplus Property, in connection with the acquisitIon
of such property; and
WHEREAS, the City of Santa Monica desires to estabhsh 1ts eligi-
bility for such property;
IT IS, THEREFORE, certified that:
1. It is an emergency serV1ces organization designated pursuant to
State Law. within the meaning of the Federal Property 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;
as required for its own use to flll an existing need; and is not being acquired
for any other use or purpose, for use outside of the State, or for sale.
m. Funds are available to pay the costs of care and handling incident
to donation, including packing, preparation for shipping, loading, and trans-
porting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND
CONDITIONS:
1. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY.
REGARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICES
PURPOSES:
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Resolution No. 4532 {CC::
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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 XVnI of Title 32 of the Code of
Federal Regulations.
ll. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2.500 OR MORE
DONATED FOR EMERGENCY SERVICE PURPOSES:
A. All such property shall be distributed and, during the period of
restriction, be properly maintained in good operational condihon 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).
B. Except as otherwise expressly provided herein below and unless
and until expressly waived in wnting by the Reglonal 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
Govermnent of $2.500 or more shall be four years from the date of donation.
The specific exceptions are as follows:
1. Motor Vehlcles. Federal Supply Classification (FSC) Group 23--
for which a two-year period of restnction shall apply.
2. Terms and conditions applicable to aircraft and to vessels measuring
50 feet or more in length are speci6c exceptions to all of this section; but the
provisions are those specified ln the appropriate conditional transfer documents
in a.ccordance with regulations of the Department of Health, Education and Welfare.
C. Items of property donated having a unit fair market value of $25. 00
or more. but less than $Z. 500 government acquisition cost, for which a one-year
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Resolution No. 4532 {Cc
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period of State restrict10n shall apply.
D. During the period of restrichon, the property shall not be sold,
traded, leased, loaned, bailed, encumbered, or otherwise 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.
E. Ii, 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
Civ.l Preparedness Agency.
F. In the event any of the terms and conditions set forth in this section
are breached, all right, htle, 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 dlsposal 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 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 im-
proper 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 fDr and
promptly remit the difference between such proceeds and such value, as determl.ned
by the Defense Civil Preparedness Agency. The remedies provided in this
paragraph (F) of this section are ln addition to administrative compliance mea-
surest and all civil remedies and criminal penalties provided by law.
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Resolubon No. 4532 ICC~
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NOW, THEREFORE, IT IS RESOLVED by the City Council of the
City of Santa Monica as follows: - f./~', 7
SECTION 1. That f~,-,-~~t '( ~~~//'!.-'-~~a/"T E. Connolly,
Assistant Director of Civil Defe~se. and ~~~ R~d P. Dalter,
Assistant City Manager, are hereby designated as the authorized representatives
of said City of Santa Monlca to sign for and accept surplus Federal property,
regardless of acquisition cost, in accordance with the condibons lmposed by the
above agencies; and
SECTION 2. That this resolution of authorization shall remain ln full
force and effect until superseded or rescinded by resolution of this Council
transmitted ln duplicate to the Cahfornia Ofhce of Emergency Services;
and
SECTION 3. That the Clerk of this Council is hereby authorized and
directed to send two (Z) certified coples of this resolutlon to the California
Office of Emergency Services, for filing with said Office and with the State
Department of Education.
ADOPTED AND APPROVED this 16th day of
July
. 1974.
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Mayor
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A~TEST;
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Cit(1lerk
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Resolution No. 4532 (eeS)
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I hereby certify that the foregoing resolution was duly adopted by the
City Council of the City of Santa MOnlCa at a regular
meeting thereof,
1 6th day of
July
, 1974 by the following vote of the
held on the
Council:
NOES:
Councilmen: Judson, Lawson, McCloskey, Swink
Trives, van den Steenhoven, Hoover
Councilmen: None
AYES:
ABSENT: Councilmen: None
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APPROVED AS TO FORM
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\j City Attorney .