CC RESOLUTION 1895RESOLUTION NO. IS95
BE IT RESOLVED by the Governing Board of the City of E1 Segundo and
hereby ordered that: John J. Sailors, Director of Civil Defense,
and V. L. Wood, Assistant Director of Civil Defense, shall be and
they are hereby authorized as the representatives of the City of
E1 Segundo to sign the warehouse issue sheet (SEASP Form 111) of
the California State Educational Agency for Surplus Property which
contains the following terms and conditions:
I. THE DONEE HEREBY CERTIFIES 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 1939)
school system, school, college, university, medical
institution, hospital, clinic or health center, or a
civil defense 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 (hereinafter referred to as "The Department ").
(2) The property requested by this document 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.
(4) 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
attachments hereto which has a single item acquisition
cost of X2,500.00 or more, the donee agrees to the terms
and conditions in Paragraph II and with respect to any
Stich property other than aircraft, to the terms 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 document.
II. TERMS AND CONDITIONS APPLICABLE TO ANY DONATED PROPERTY HAVING
A SINGLE ITEM ACQUISITION COST OF X621500.00 OR MORE, REGARDLESS
OF THE PURPOSE FOR WHICH ACQUIRED:
(1) Stich property shall be used only for the educational,
public health, or civil defense purpose for which acquired,
including research for any such purpose, and for no other
purpose.
(2) Donees shall make reports to the State Agency on the use,
condition, and location of such property and on other
pertinent matters as may be required from time to time by
the State Agency, the Department, or the Office of Civil
and Defense Mobilization, as appropriate.
91, 16
III. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT
HAVING A SINGLE ITEM ACQUISITION COST OF $2,500.00 OR MORE
DONATED FOR EDUCATIONAL OR PUBLIC HEALTH PURPOSES:
(1) Such property shall be placed in use for the purpose for
which acquired no later than twelve months after acqui-
sition thereof. In the event such property is not placed
in use within 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
appropriate 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 demand
the donee shall release such property 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 sub-
sequent to June 3, 1955, will expire after a period of
two years of such use.
(3) D>>ring 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 Depart-
ment. Anv 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 ans 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 receipt thereof will exceed such
net proceeds.
(4) In the event such property is sold, traded, leased,
loaned, bailed, encumbered, or otherwise disposed of
durine the period of restriction without 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 determined by
the Department.
(5) If, during the period of restriction, the property is
no longer suitable, 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 he designated, or sell the property at
public sale. Such public sale shall be for the benefit
and accoi-nt 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 promptly
to the Department, except in those instances in which
the Department determines that the Government's adminis-
trative costs in connection with receipt thereof will
exceed such net proceeds.
(
)'. " i T
(6) At the option of the Department, the donee may abrogate
the terms and conditions set forth in Paragraphs II and
III by payment of an amount as determined by the Depart-
ment.
IV. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER THAN AIRCRAFT
HAVING A SINGLE ITEM ACQUISITION COST OF ($2,500.00 OR MORE
DONATED FOR CIVIL DEFENSE PURPOSES:
(1) With respect to property donated for civil defense
training purposes 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
tre 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 in full force and effect
until released or otherwise terminated in writing by the
Director, Office of Civil and Defense Mobilization.
(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 Director, Office of Civil
and Defense Mobilization, all right, title and interest
in and to the property, at the option of the Director,
Office of Civil and Defense Mobilization, 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 Director,
Office of Civil and Defense Mobilization.
(5) 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
Director, Office or Civil and Defense Mobilization
through the State Agency (California Disaster Office)
and shall, as directed by the Director, Office of Civil
and Defense Mobilization or State Agency, either re-
transfer the property 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.
(6) In the event such property is sold, traded, leased,
loaned, bailed encumbered, or toherwise disposed of
daring the period of restriction without prior approval,
the donee, at the option of the Director, Office of
Civil and Defense Mobilization, 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 determined by the Director, Office
of Civil and Defense Mobilization.
(7) Property donated for purposes of civil defense reserve
stocks shall be stored in accordance with criteria made
and approved by the Director, Office of Civil and Defense
Mobilization and maintained in good operating condition
by the donee acquiring 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 eiven said Agency
Signatures of persons authorized to sign
PASSED AND ADOPTED THIS l.?thday of DFCE,IFER , 195n , by the
Governing Board of the City of E1 Sgr�ndo of I,os Ancreles County,
California, by the following vote:
AYES: Bal�er,Fredericl•, Gordon , ?Ieschnk.Benfield
NOES: None;
ABSENT: None.
11 _Miniee I'.Creason Clerk of the Governing Board of the CTTY OF
'EL SMINDO , of LOS ANGELES County, California,
do hereby certify the foregoing is a full, true, and correct copy of
a resolution adopted by the said Board at a rPlar
meeting thereof held at its regular place of meeting at the time and
by the vote above stated, which resolution is on file in the office
of the said Board.
Clerk