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1974-183RESOLUTION NO. 74R -183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DISASTER SERVICES COORDINATOR AND PURCHASING AGENT TO SIGN FOR SURPLUS PROPERTY. WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the dona- tion of surplus Federal property for civil defense purposes; and WHEREAS, certain conditions are imposed by the Defense Civil Preparedness Agency, Region Seven, the Depart- ment 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 WHEREAS, the City of Anaheim desires to establish its eligibility for such property; and WHEREAS, it is therefore certified that: 1. It is an emergency services 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 Depart- ment of Health, Education and Welfare. 2. Property requested by this document is usable and necessary in the State for emergency service pur- poses, 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 pur- pose, for use outside of 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 transport- ing such property. AND WHEREAS, the donee hereby agrees to the follow- ing terms and conditions: 1. The terms and conditions applicable to all pro- perty, regardless 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 regula- tions 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 Fed- eral Regulations. -1- 2. Additional terms and conditions applicable to pro- perty having a single item acquisition cost of $2500 or more donated for emergency service pur- poses: a. All such property shall be distributed and, during the period of restriction, be properly maintained in good operational condition and stored, or installed or utilized only as neces- sary to achieve a state of operational readi- ness as required by the emergency service mis- sion 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 Classifica- tion (ESC) Group 23 for which a two year period of restriction shall apply. 2. 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 regu- lations 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 $2500 government acquisition cost, for which a one -year period of State restriction shall apply. d. During the period of restriction, 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. 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 Pre- paredness Agency, through the Office of Emergency Services, and shall, as directed by the Defense Civil Preparedness Agency, retransfer the pro- perty to such department or agency of the United -2- States of America or such other donee as may be designated by the Defense Civil Prepared- ness Agency. f. 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 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 improper use is greater than the proceeds derived from such action, the donee shall, at the option of the Defense Civil Pre- paredness 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 (f) of this section are in addi- tion to administrative compliance measures, and all civil remedies and criminal penalties pro- vided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Paul L. Hayes, Disaster Services Coordinator; Michael Michelle, Purchasing Agent, 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. BE IT FURTHER RESOLVED that this resolution of authori- zation 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 City Clerk is hereby authorized and directed to send two (2) certified copies of this resolution to the California Office of Emergency Servi- ces, for filing with said Office and with the State Department of Education. FAL:kw THE FOREGOING RESOLUTION is approved and signed by me this 16th day of April, 1974. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -183 was passed and adopted at a regular meeting of the City Council held on the 16th day of April 19 74, by the following vote of the members thereof: (SEAL) AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 16th day of April 19 74 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of April 19 74 I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -183 duly passed and adopted by the Anaheim City Council on April 16, 1974. -4- MAYOR OF T E CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM City Clerk