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Home My WebLink About584 - Surplus Property - Accepting Terms and Conditions9 RESOLUTION NO. 584 A RF':k7L11TTOY OF TTTh CITY COFNCI1, OF TTTY CITY OF COSTA MLSA AITTHOPTZT..?G THI STCrI1,,TCr OF WAFhHO SE IS_`UE SHEETb OF THE CALTFORVIA STATE' EDUCATIONAL AGENCY FOR SFRPLUS PROPERTY, AND SETT' -AIG FORTH THL TERMS AND CONDITIONS THEPEOF. BE IT RhErLVID by the Governing Board of the City of Costa Fesa and hereby ordered that ROBERT L. UNGERJ who is City Manager of the City of Costa Mesa, shall be and he is hereby authorized as the representative of the City of Costa Mesa to sign the warehouse issue sheet of the California State Educational Agency for Surplus Property (SEASP Form 111) which contains the following terms and conditions: I THE DONEE HEREBY CIRT- FIES 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 1039) school system, school, college, university, medical institution, hospital, clinic or health center, or a civi.l defense crCanizati_on designated pursuant to State law, within the meaning of the Federal Property and Administrative Services Act of 1944, as arended, and the regulations of the Department of Health, Education, and Welfare (hereinafter referred to as "The Department"). (2) The property requested by this docunent 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 is not being acquired for any other use 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. K) 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 attach- ments hereto wh5ch has a single item acquisition cost of 12,500.00 or Tore, the donee agrees to the terms anc conditions in Paragraph II and with respect to any such property other than aircraft, to the terns and conditions in one of Paragraphs III or IV, whichever is appropriate by virtue of the designation of purpose indicated on the face of this docurent. I II. TERMS AND CONPITTONS APPLTCAPLE TO ANY DONATED PROPEFTY HAVTNG A STI`7GLE ITEM ACgTTSTTTON COST OF 12,500.00 OR ' 0PE, REGARILESS OF TIIE PITRPOSE FOR 1:117CH ACQUI?=ED: (1) Such property shall be used only for the educational, public health, or civil defense purposes for which acquired, including re- search for any such purpose, and for no other purpose. (2) Donees shall rake resorts to the State Agency on the use, cond- ition, and location of such property and on other pertinent matters as may be required fror time to time by the State Agency, the Depart- ment, or the Federal Civil Defense Administration, as appropriate. III. TLRI-TS AND CONDTTIONS APPLICABLE TO PRO11hR.TY 0TKR. THAN AIRCRAFT HAVING A STA?GLE ITEM ACQUTSTTION COST OF V2,500-00 OR MORE DONATED FOR EXCATIONAL OR M BLIC HrALTH PULPOSIS: (1) Such property shall be placed in use for the purpose for which acquired no later than twelve months after acquisition thereof. In the event such property is not placed in use with -in twelve months of receipt, the donee, within 30 days after the expiration of the twelve- month period, shall notify the Department in writing through the app- propriate State Agency. Title and right to the possession of such property not so placed in use within the above-mentioned period shall at the option of the Department revert to the United States of America, and upon der•and 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 3, 1055 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 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 prorrptly to the Department, except in those instances in which the Department de- ternInes that the Government's admin s�rative costs in connection with receipt thereof will exceed such net proceeds. (4) In the event such propert;,, is sold, traded, leased, loaned, bailed, encu-bered, or otherwise disposed of during the period of restriction withoi-t prior approval, the donee at 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 deterrined by the Department. (C) If, during the period of restriction, property is no longer suit- - able, 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 retransfer the property to such department or agency of the United States of America or such other donee as may be designated, or sell the property at public sale. Such public sale 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 Saates 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 the receipt thereof will exceed such net proceeds. (6) At the option of the Departrent, the donee may abrogate the terms and conditions set forth in Paragraphs II and III by payment of an amount as determined by the Department. IV. TERT'S ANE COND17 MTS APPLICABLE TO YR"FI RTY OTPI R THAN AIRCF',AFT HAVING A S-71"GLF IM' Arr�`TSTTTON COST OF X2,500.,00 OR i•IOFF DONATLL FDR CTVIL DhTaTSE P?:RPOSES. (l) With respect to propFrty donated for civil defense training pur- poses there shall be a period of restriction which will expire after such property has been used for such purpose for a period of four years, except that the period of restriction 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 restriction which shall continue i.n full force and effect until released or otherwise terminated in writing by the Federal Cavil Defense ldmi.nistrator. 92C (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 authorization by the Federal Civil Defense Administrator, all right, title and interest in and to the property, at the option of the Federal Civil Defense Administrator, 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 without prior written approval of the Federal Civil Defense Administrator. (5) If, during the period of restriction, property !s no longer suitable, usable or further needed for the purpose for which acquired, the donee shall promptly notify the Federal Civil Defense Administrator thro+agh the State Agency and shall, as directed, by the Federal Civil Defenee Admin'strator or State Agency, either retransfer the property to such department or agency of the United States of America or such other donee as ray be designated, or sell the property at public sale. (6) In the event such property is sold, traded, leased, loaned, bailed, encurbered, or otherwise disposed of dur4ng the period of restriction without prior approval, the donee, at the option of the Federal Civil Defense Adminis"rator, shall be 1�able 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 Federal Civil Defense Administrator. (7) Property donated for the purposes of civil defense reserve stocks shall be stored in accordance with criteria made and approved by the Federnl Civil Defense Administrator and maintained in good operating condition by the doneeeacquiring 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 that same shall remain in full force and effect until written notice to the contrary is given said Agency. ATTEST:� City Clerk of the Cit7 of Costa Mesa STATE OF CALTFORNTA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) M of the City of Co a Mesa I, A. C. a[ARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the ahove and foregoing Resolution No. 584 was duly and regularly passed and adopted by the City Council of the City of Costa ilesa at a regular meeting thereof held on the 20th day of April, 1950, by the following roll -call vote: AYES: Councilmen - REA, B. TNITHP TIEs'EftS, PINKLEY, J. SMITH NOES: Counci.lnoen - NONE ABSENT: Councilmen - NONE IN WITNESS WHEPEOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 21st day of April, 1959. City Clerk and ex -of zcio Cler?- of the City Council of the City of Costa I-'esa -- _ Chief Deputy