CC Resolution No. 110RESOLUTIC'T N0. 110
BE IT RESOLVED by the Governing Board of the City of Cupertino and hereby ordered
that: Lawrence K. Viartin who is Adminisi.rator -Clerk shall be and he is hereby
authorized as the representative of City of Cupertino to sign the warehouse issue
sheet (SE:=SP Form 111) of thy: California State Educational t.gency for Surplus
Property which contains the follo - wing terras and conditions:
I. TF.E DONEE HEREBY C :- TIFIEES THI T :
(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 th,e
Internal Revenue Code of 1939) school system, school, college,
university, medical institution, hospital, clinic or health center,
or a civil defense orgainzation designated pursuant to State law,
within the meaning of the Federal Propc 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 a- 1 andling incident to
donation, including packing, •reparation 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" b:�.sis without wa.rranty of any kind.
(5) With. respect to any property 1 ".stud on this document or attachments
hereto which has a single item acquisition cost of $2,500.00 or more,
the donee agrees to the terms and conditions in Paragraph II C-.nd with
respect to any such property other r than aircraft, to the terms and
condtions in one of Paragraphs III or IV, whichever is appropriate
by virtue of the designation o:: purpose, indicated on th f^.ce of this
document.
II. TERMS i! �D C01MITTOINS kPPLICABLE TO ,z:?Y LON TEED PROPERTY FrVING A SINCLE
ITEMS ACQUISITION COST OF $2,5'0.00 0. 1 REG MLESS OF T? E PURPOSE FOR
li :iHICH ACQUIRED:
(1) Such 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 St.nte Agency on the use, condition,
and location of such property .end on other pertinent matters as may
be required from time to time by the State Agency, the Department,
or the Office of Civil and Def. ,-nse 1obilization, as appropriate.
III. TERMS AND CONDITIONS APPLICABLE TO PROPERTY OTHER TH.2,N AIRCRt'.FT H201ING A
SIMIGLE M-1- ACQUISITION COST OF $2,.500.00 OR hORE DONS i.TED FOR FDUC,ITIOI ?fZ
OR PUBLIC HEALTH PURPOSES:
(1) Such property shall be placed in use for the purpose for which acquired
n( 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- thy) expiration of the twelve -month
period, shall notify the Depa.rtrient 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 p(:riod shall at the
option of the Department I'r,4vc: : -t to th,; United States of America,
and upon the demand the doneo shall release such property to such
person as the LepartmF -nt or itz- designee shall direct.
(2) There stall bp a period of restriction wh :.ch will expire after such
property has been used for the purpose for which acquired for a per-
iod of four years, exedra that the period of restriction on motor
vehicles donated subsequent to June 3, 1955, will expiro after a period
of two years of such use.
(3) Luring the period of restriction the done shall not sell, trade,
lease, land, 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, beilrrent, encumbrance
or other disposal of property, when such action is authorized by the
Department, shall be for the benefit and account of the United St :^tes
of Amdri.ca and the net proceeds thereof shall be received and held
in trust for the United States of imeric? 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 dipposed 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 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 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
States of imerica, 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 condtions set forth in Paragraphs II and III by payment of an
amount as determined by the Department.
IV. TERKS AND CONETIONS APPLICABLE TG PROPLRTY OTHER T fI! AIRCIR�' IT 1 HHTAVI. G A
SINGLE ITEX ACQUISITION COST OF �02,500.00 OR 'LORE DON.,TED 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 su✓h 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 res-
erve stock purposes there shall be a period of restriction which shall
continue in full force and effect until released or otherwise ter-
minated in writing by the Director, Office of Civil and Defense Mobil -
izztion.
(3) In the event any donated property is used during the period of res-
triction 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
an! Defense Mbbilizatibn4 shall revert to the United States of America.
(4) During the period of restriction the donee shall not sell, trade lease,
land, bail, encumber, or othcrul se dispose of such property or re..
move 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 of Civil and Defense Mobil-
ization through the State Agency (California Disaster Office) and shall,
as directed, by the Director, Cffice of Civil and Defense Mobilization
or State Agency, either - retranEfer 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.
(6) In the event such property is sold, traded, leased, loaned, bailed,
Encumbered, or otherwise desposed of during the period of restriction
without prior approval, the donee, at tx s option of the Director,
Office of Civil and Defense i obilization, 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 deter-
mined by the Director, Office cf Civil and Defense Mobilization,
(7) Property donated for purposes of civil defense reserv s a shall
be stored in accordance with criteria made end approved by the Director,
Office of Civil and Defense T.iobilization and :maintained in good o at-
ing condition by the donee acquiring title tc such propErty.
RESOLVED FURTHER that a certified copy of this resolution be given to the Si.n.tE;
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.
Sign tune of person authorized to :sign
PriSSED A.ND ADOPTED THIS 15th day of December, 1958, by the Governing Board of
the City of Cupertino of Santa Clara County, California, by the following
vote:
AYES: Nathanson, Pelosi, Saich
NOES: None
Y Lazaneo
.tiBST,'�IN: Wilson
I, Lawrence K. Martin, Clerk of the Governing Board of the City of Cupertino
of Santa. Clara. County, California, do h.reby certify the foregoing is a full,
true, and correct copy of a resolution adcpted b- the said Board at a regular
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.
f '
Clerk