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HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 1968-146 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF- CALIFORNIA RESOLUTION' NO. 68/146 This resolution must be adopted In Order to acquire federal surplus property with a government acquisition cost of either $2500 and over or under $2500, in accordance with Section II of the California State Educational Agency for Surplus Property Plan of Operation, as amended, filed with, and approved by, the Department of Health, Education, and Welfare. BE IT RESOLVED by the Governing Board of Supervisors of Contra Costa County, California., and hereby ordered that the officials and/or employees of the above-named organization whose names, titles and signatures are listed below, shall be and are hereby authorized as our representatives to acquire federal surplus property from the California State Educational Agency for Surplus Property under the Terms and Conditions listed in Exhibit "All attached hereto and by reference incorporated herein. Names Titles Signatures Glen W. Kent, M.D. Acting Health Officer Arthur Holstein Dept. Admin. Officer T. E. Beaudet Administrative Analyst PASSED AND ADOPTED THIS 12th day of March, 1968, by the Governing Board of Supervisors of Contra Costa County, California, by the following vote : AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. AB S E.1,,T T None. RESOLUTION No. 68/146 ESC BI T "All TEMIS "D CONDITIONS When the authorized representatives of the organization named in Resolution Ivo. 68/146 requests and accepts personal donable surplus property, it is certified by the Governing Board and/or Chief Administrative Officer that: 1. It is a tax-supported or nonprofit and tax-exempt (under section 501(o) (3) of the Internal. Revenue Code of 1954, or section 101(6) of the Internal Revenue Cade of 1939) school, system, school, college, 'university, school for the mentally retarded or physically handicapped, public library, educational radio or educational television station, medical institution, hospital, clinic or health center, or a, civil defense organization designated pursuant to State law, within the meaning of the Act, and the regulations of the Department of Health, Education, and Welfare, hereinafter referred to as the Department. 2. Such property 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 for one of such purposes, 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, donated for public health or educational purposes, shall be on an "as is r:, "where is', basis without warranty of any bind. $. Additional terms and conditions applicable to property having a single item acquisition cost of 4200 or more donated for health or education purposes : a.. Such property shall be used only for the health or educational purpose for which acquired, including research for any such purpose, and for no other purpose. b. 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 within twelve months of receipt, the donee, within 30 days after the expiration of the twelve-months period, shall notify the Department in writing through the 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 to such person as the Department or its designee shall direct. 681146 c . 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 will exuire after a period of two years of such use. d. 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 dis- posal of the property, when such action is authorized by the Department, shall be for the benefit and account of the United. States of .America and the gross 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 Governments administrative costs in connection with receipt thereof will exceed such gross proceeds. e. 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 tae 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. f. If during the period of restriction, 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 retrans- fer the property to another donee, retransfer the property to a department or agency of the United States, sell the property, or otherwise dispose of the property. Any sale shall be for the benefit and account of the United States of America and the gross 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 gross proceeds. g. Donee 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 or the Department. h. At the option of the .Department, the donee may abrogate the terms and conditions set forth in sub-paragraphs (a) through (g) of this paragraph by payment of an amount as determined by the Department. 68 /14 /0