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Home My WebLink AboutRESO 4010ORIGINAL RESOLUTION NO. 4010 v' 1 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ACCEPTING TERMS AND CONDITIONS OF ACCEPTANCE OF SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES AND REPEALING RESOLUTIONS 2793 (11-13.56), 3056 (12-22-58) AND 3488 (4-9-62) WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donation of surplus Federal property for civil defense purposes; and WHEREAS, certain conditions are imposed by the Office of Civil Defense, Region 7, the Department of Health, Education and Welfare, the California Disaster Office, and the State Educational Agency for Surplus Property, in connection with the acquisition of such property; and WHEREAS, the City of Palo Alto desires to establish its eligibility for such property; IT IS, THEREFORE, certified that: I. It is a civil defense organization designated pur- suant 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. II. Property requested by this document is usable and necessary in the State for 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. III. Funds are available to pay the costs of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, RE- GARDLESS OF ACQUISITION COST, DONATED FOR CIVIL DEFENSE PURPOSES: A. Property acquired by the donee shall be on an "as is", "where is" basis, without warranty of any kind. B. There will also be applicable such other terms and conditions se are contained in the regulations of -1- • • the Office of Civil Defense, Office of the Secretary of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE DONATED FOR CIVIL DEFENSE PURPOSES: A. All such property shall be distributed and, during the period of restriction, be properly maintained in good operational condition and stored, or installed or utilized only as necessary to achieve a state of operational readiness as required by the civil defense mission assigned to the donees in accordance with the civil defense operational plans of the State and, where applicable, local government (which are in consonance with national civil defense objectives, as now or hereafter amended). B. Except as otherwise expressly provided hereinbelow and unless and until expressly waived in writing by the Regional Director of the Office of Civil Defense (OCD), on a case basis, the period of restriction for all items of property donated having a single item acquisition cost to the Federal Government of $2,500 or more shall be four years from date of donation. The specific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 -- for which a two-year period of restriction shall apply. 2. Items of property donated having a unit fair value of $25.00 or more but less than $2,500, for which a one year period of State restriction shall apply. 3. Aircraft (FSC Group 15), for which the special terms and conditions provided in the DHEW Con- ditional Transfer Document (Aircraft) covering the transfer shall apply. C. During the period of restriction, the property shall not be sold, traded, leased, loaned, bailed, en- cumbered, or otherwise disposed of without the specific, prior, written approval of the Regional Director of OCD or the California Disaster Office. D. 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 OCD through the California Disaster Office and shall, as directed by the OCD, either: (1) re - transfer the property to such department or agency of the United States of America or such other donee as may be designated, or (2) sell the property at a public sale. E. In the event any of the terms and conditions set forth in this section are breached, all right, title and interest in the property involved, at the option of the Regional Director of OCD, shall revert to the United - 2 - • • States of America. In addition, where there has been an unauthorized disposal or improper use of any kind, the donee, at the option of the Regional Director of OCD, shall be liable to the United States for all damages. Where the property is not returned to the United States Government or where property is improperly used, the donee shall be liable to the United States for any proceeds from the disposal or improper use or for the fair market value or rental value of the property at the time of such disposal, or improper use, at the option of and as determined by the Regional Director of OCD. NOW, THEREFORE, the Council of RESOLVE as follows: SECTION 1. That the following Name and Title George E. Morgan City Manager and Director of Civil Defense George A. Sipel Assistant City Manager Wilson M. Merriam Fire Chief and Assistant Director of Civil Defense Wilbur S. Wagstaff Personnel Officer and Deputy Director of Civil Defense J. David Brodie Purchasing Agent Dale A. Hooker Civil Defense Coordinator John W. Wear Service Superintendent the City of Palo Alto does persons: Signature Zet, 12'-7 4* -7 a/vL-,- � �7• i ,4„w„ (,uttletilt shall be and are hereby authorized as the representatives of said City to sign for and accept surplus Federal property, re- gardless of acquistion cost, in accordance with the conditions imposed by the above agencies. SECTION 2. That this resolution of authorization shall remain in full force and effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the California Disaster Office. 3 .10 • 1 SECTION 3. That the City Clerk is hereby authorized and directed to send two (2) certified copies of this resolution to the California Disaster Office, for filing with said Disaster Office and with the State Department of Education. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ATT.ST: Unanimous Beahrs PR ED AS TO FORM: Deputy City Attorney July 10, 1967 APPROVED: Mayo 1, Jacqueline C. K1-��, ity Clerk of the Cii.y of Palo Alto, California, do hereby certify the foregoing is a full, true, and correct copy of a resolution adopted by the said Council 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 the said Council. ty er -4 vcge',„,„