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Home My WebLink AboutRESO 4525•• ORIGINAL RESOLUTION NO. 4SZS RESOLUTION Oi' THE COUNClL OF THE CITY OF PALO ALTO ACCEPTING TERMS AND CONDITIONR OF ACCEPTANCE OF SURPLUS FEDERAL PROPERTY FOR EMERGENCY SERVICES PURPOSES AND REPEALING RESOLUTION4010 ADOPTED JULY 10, 1967 WHEREAS, by_ Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the d~nation-of surplus Federal property for civil defense purposes; and WHEREAS, certain conditions are imposed by the Office ¢f Civil Defense~ Region 7, the Department of Health, Education and Welfare, the California Office of Emergency Services, 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 THEREFORE, certifies that: :r. It is an emerqency services organizatioo designated pursuant to State law, wit.bin 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 emergency services purposes, including research for any such purpose1 is required for its own use to fill an existing need; and is not ile::.ng acquired for any other use or purpose, for use outside of the St~te, 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. -1 - THE DONZE HEREBY AGREES·TO THE FOLLOWING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS·APPLICABLE TO ALL PROPERTY, REGARD- LESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES: A. Property acquired by the donee shall be on an •as is•, •where ia" basis, without warranty· of any kind. B. There will also be applicable such other terms and conditioM aa are contained ·in tht! regulations 01; the Oft:ce 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 'APPLlCABLE·To·PROPERTY HAVING· A SINGLE ITEM"ACQUIS?TION COST OF $2500 OR MORE.DONATED FOR EMERGENCY SERV?CB PURPOSES: . A. All such property sba11·be"d1stributed and, durinq the period of restriction-, ··be· properly aatntained in qood operational condition and stored, or· in•talled or utilized only u necessary to achieve ·a state of··operational ~readiness as required by the emergency •ervtce·lliasion usigned·to the·donee in accordance· with··the· emergenct operational pl~ of the~ State and, where applicable, local govenment twbich are· in consonance with national emergency objectivea,·u·now·or benafter amended). B. Except aa·othenriae·expreaaly provided herein below and unless· and until·expreasly·waived in writing by th• RecJional Director of the Office of Civil ·Defenu, ··on a caae· baaia, the { period of-reatriction·for-~1-itema of property doutad havi09 a single item· acquiaition c:oat .. to the·· Federal Go'lemaent of $2500 or·llO:re shall be four yeara fraa tb• date of donation. The specific ·exceptiou ·ue ·u··followa1 1. · Motor Vehiclaa1 Padaral Supply Cla••ification (FSC) Group· 23 --·f~r which··a ·tllfo-year period of %9atriction .. ah all apply. -2- .. 2. ltmaa of property donated havin9 a unit fair market value of $25.00 or more, but l••• than $2500 CJOYern- ment aoquiaition coat, for which a one-year period of State reatriction •hall apply. 3. Terms and condition• applicable to aircraft and to ve•••l• meaaurin9 50 feet or more in length are apec1fic exceptions to all of thia section1 but the Eroviaien• are tho .. specified in the appropriate conditi~nal tranafer ·documnu·in· accordance with requlations of the Department of Health, Education·· and Welfare. c. --During the period of restriction, the property shall not be sold,· traded, leased, loaned, bailed, encumbered, or otherwise diapo•ed of without· the specific ·prior, written··approval of the 1te9iona1·· Director of the Office of Civil Defense or the Director of the· Office of Emergency-services. ·o·• ?f, ·during the period of restriction, property i• no 10119er sui tabl1t, uaable, or further needed for· the ··purpose for which acquired, the donee shall prcmptly notify the Office of Civil Defenwe through the Office··.of · EllaX'9ency Services· and ·shall, as directed by·tbe Office of Ciril·Defenae, retranafer the property ·to such department. or agency ·of the United St.ates of ·America or •ucb other·donee·aa may be daaiC)Dated by the Office-of Civil Defenae. E• ln the event·any Of the tei:as·and· conditions set forth ·in thi• section~are· breached·;· all right, title, and intere•t in the property in~olvcad ahall,·at the· option of the Office· of Ciri.1 Defense, revert to the United State• of Amrica. In addition,·wbere there bu been· an unauthorized dtapoaal or im- proper use, tbe donee, at· the option of th• Office of civil Defenae, •hall be liable to the United State• of ~rica for all damages. 'Where-the property ia no~ nturned to·poaaeasion -3- .. • and ownership of the United States of America or where property has been impropP.rly used~ the donee shall be liable to the United States of America and all proceeds shall be deemed to have been received and held in trust for the United States of Arlierica and the donee shall promptly remit the same to the Office of Civil Defense. When the fair market value or rental value of the property at the time of such disposal or improper use is greater than the proceeds derived from such action, the donee shall, at the option of the Office of Civil Defense, also be liable for and promptly remit the difference between such proceeds and such value, as determined by the Office of Civil Defense. The remedies provided in this paragraph (E) of this se~tion are in addition to administrative compliance measures. NOW, THEREFORE, t:he Council of the City of Palo Alto does RESOLVE as foll0\1s: SECTION l. That the following persons are hereby designated as the authorized representatives of the City to sign for and accept surplus Federal property, regardless of acquisi.~~n cost, in ac- cordance with the conditions imposed by the above agencies: Name and Title George A.. Sipel Acting City Manager Claude Davis Director of Communication Services and Assistant Director of E;mergency Services J. David Brodie ~ c _.::; . Director of Purchasinq services~ .... -.{~k<~ John w. Wear tJ'~· ~- Dir!ctor of Building and ~~ ~~ Equipment Services ....... .--~ ... _.......,,~.,. .... ~.-~~~ ·~l!llo6~~ ... ~ ....... _..----- 7-.. / / ~~? Charle&" H. Gates Supervisor of Building and Equipmen.t Servicea SECTION 2. This resolution of· authorization shall rem.a.in in full . force and effect until superseded or rescinded by resol~tion of the -4 - •" • • ' Council transmitted in duplicate to the California Office of Emergency Services. SECTION 3. The City Clerk of the City of Palo Alto is hereby authorized and directed to-sena-two (2) certified copies of this resolution to the California Office of Emergency Services, for filing with said Office and with the State Department of Education. SECTION 4. Resolution 4010, adopted July 10, 1967, is hereby rescinded. INTRODUCED AND PASSED: December 6, 1971 AYES: Beahrs, Berwald, Clark, Henderson, Norton, Pearson, Ros enb;ium NOES: Noue ABSENT: Comstock ATTEST: APPROVED: l-'.PPROVED: ci~ APPROVED: ion -5 -