HomeMy WebLinkAboutRES NO 14-59RESOLUTION NO. 14,-,59
$2,500.00
This resolution form is required for property with a.single item acquisition
$2,500.00 or more in accordance with Section II(D)(2B)(a) and"(b) of the Plan of
Operation, as amended.
Body
BE IT RESOLVED by the Governing ~mscmk of the City of Bakersfield
and hereby ordered that: C. Leland Gunn an~ E.F. Albin who~m are
City Manager and Purchasing Agent shall be and~hey~ehereby authorized as the
representative of the City of Bakersfield to sign the warehouse issue sheet
(SEASP Form lll) of the California State Educatfonal Agency for Surplus Property which
contains the following terms and conditions:
I. THE DONEE HEREBY CERTIFIES THA T~.
(1) It is a tax-supported or nonprofit and tax-exempt (umder Section 50i(c)(3)
of the Internal Revenue Code of 1954 or Section lOl(6) of the Internal
Revenue Code of 1959) 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 A, ct of 1949, as amended, and
the regulations of the Department of Health, Education, and Welfare (herein-
after referred to as "~he 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 f~rI~'!s~leo
(3) Funds arenavariables: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" '~here is" basis without warranty of any kind. '~
, ·
(5) With respect to any property listed on this document or attackments hereto
which has a single item acquisition cost of $2,800.00 or more, the donee
agrees to the terms and conditions in Paragraph II and with respect to any
such 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.
TERMS AND CONDITIONS APPLICABLE IO ANY DONATED PROPERTY HAVING A SINGLE ITEM
ACQUISITION COST OF $2,500.00 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
(1) Such property shall be used only for the educational, public health, or civil
' defense purpose fo'r which acquired, including research for any such purpose,
and for no other purpose.
III.
(2) Donees shall make reports to the State Agency on the use, condition, and
location of such property and on other pertinent matters as my be required
from tim to time by the State Agency, the Department, or the Federal Civil
Defense Administration, as appropriate.
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 shell 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 within twelve months of receipt, the donee,
within 30 days after the expiration of the twelve-month period, shal~l notify
the Department in writing through ~he appropriate State Agency. Title md
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 shell release such
property to such person as the Department or its designee shell direct.
(2) ~ere shell 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, 1955 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 wihtout prior written approval of the Department. Any sale,
trade, lease, loan, bailmerit, encumbrance or other disposal of property, when
such action is authorized by the Department, shell be for the benefit and
account of the [~ited 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 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 during 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, property is no longer suitabl~, 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 r.etransfer the proDsrty
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 proceed 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
administrative costs in connection with receipt thereof will exceed' such net
proceeds.
(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 Department.
TERMS ~_ND CONDITIONS APPLICABLE ~01 PBOPERTY OTHER ~HAN 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 thet the period of restric-
tion 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
Federal Civil Defense Administrator.
(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) Dur~_n~ the period of !restriction the donee shall not sell, trade, lease, lend,
bail, encumber,' or ot~envi~e dispose of' such property or rem6Ve 'it for use
Outside the State without prior written approval of the Federal Civil Defense
Admini strato r ·
(8) 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
no ,tify the Federal Civil Defense Administrator through the State Agency and
sh'all, as directed, by the Federal Civil Defense Administrator 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.
(8) In the event such property is sold, traded, leased, loaned, bailed, encumbered,
or otherwise disposed of during the period of restriction without prior approval,
the donee, at the option of the Federal Civil Defense Admiuistrator~ 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 Fedcrawl-Civil Defense"Adm~nistrator.
(7) Property donated for purposes of ~civil defense reserve stocks shall be stored
in accordance with criteria made and approved by the Federal Civil Defense
Administrator and maintained in good operating conditio~ by the donee acquiring
title to such property.
RESOLVED FURTHER that a certified copy of this resolution be given to the State of
California, Skate Educational Agency for Surplus Propert , an that same shall remain
PASSED AND ADOPTED ~IS 2nd day of March F , 1959__, by the Governing ~ of the
City of Bakersfield, of Kern County, California, by the
following vote: A~YES: Dewire, Doolin '
'Balfanz, Bentley, Carnakis, Croes
NOES: None
ABSENT.~ Collins Body
I, Marjan S. Irvin , Clerk of the Governing B~XI~ of the City of
Bakers'field , of K~.rn County, California, do hereby certify
the foregoing is a full, true, and co~re~t~copy of a resolution adopted by the said Board
at a regular meeting" ~. "'?~feld at its regular place of meeting at the