HomeMy WebLinkAboutCity Council Resolution 804.1 RESOLUTION NO. 804.
A Resolution Superceding Resolution No. 804 of
the City of Saratoga Providing for
the Acquisition of Federal Surplus Property
WHEREAS, by Public Law 95-519, the Federal Government has authorized
the donation of federal surplus property to any public agency to assist
in carrying out or promoting for the residents of a given political area
one or more public purposes, such as, but not limited to, conservation,
economic development, education, parks and recreation, public health and
public safety; and~
WHEREAS, certain terms, conditions and eligibility requirements are
imposed by the California State Agency for Surplus Property in connection
with the acquisition of such property; a list of such terms and conditions
and requirements is attached as Exhibit "A"; and,
WHEREAS, the City of Saratoga, County of Santa Clara, State of
California desires to establish its eligibility for such property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Saratoga that:
1. The officials and/or employees whose names and titles are listed
below shall be and are hereby authorized as our representatives to acquire
on behalf of the City, federal surplus property from the California State
Agency for Surplus Property under the Terms and Conditions listed on the
a. ttached form (Exhibit "A").
Robert F. Beyer - Director of Emergency Services
James B. Hendrickson - Assistant Director of Emergency
Services
Robert S. Shook - Director of Public Works
Daniel O. Trinidad - Assistant Director of Public Works
IT IS FURTHER RESOLVED that the City Manager of the City of Saratoga
is authorized to sign an Assurance of Compliance with GSA Regulation under
Title VI of the Civil Rights Act of 1964 (SASP Form 203, attached hereto
as Exhibit "B"), and
BE ~ FURTHER RESOLVED that the Resolution on this subject dated February
2, 1977 is hereby rescinded.
The above and foregoing resolution was passed and adopted by the City
Council of the City of Saratoga at a regular meeting held on the 5
day of October , 1977 by the following vote:
AYES: Councilmen Brldge~ Brigha~ Krau~ Corr& Matteo.i
NOES: ~O~
ABSENT:~
ATTEST:
CITY
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOCA CONCERNING THE COMBINATION
OF SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Law 655, 84th. Congress (70th Star. 493),
the Federal Government has authorized the donation of surplus
Federal property for civil defense purposes; and
WHEREAS, certain conditions are imposed by the Defense Civil
Preparedness Agency, Region Seven, 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 Saratoga desires to establish its
eligibility for such property;
IT IS, THEREFORE, CERTIFIED THAT:
I. It is an emergency services organization designated
pursuant 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 dot,ghent is usable and necessary
in the State for emergency service purposes, including research
for any such purpose, as required for its own use to fill an existing
need; and is not being acquired for any other use or purpose, for
use outside of 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.
T}~ DONEE AGREES TO THE FOLLOWING TE~MS AND CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARDLESS
OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES:
A. Property acquired by the donee shall be on an "as is"
'~here is" basis, without warranty of any kind.
B. There will also be applicable such other terms and
conditions as are contained in the regulations of 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 $2500 OR MORE DONATED FOR
EMERGENCY SERVICE 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
emergency service mission assigned to the donee in accordance with
the emergency operational plans of the State and, where applicable,
local govermment (which are in consonance with national emergency
objectives, as now or hereafter amended).
B. Except as otherwise expressly provided herein below
and unless and until expressly waived in writing by :the Regional
Director of the Defense Civil Preparedness Agency, 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 $2500 or more shall be four years from the 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
market value of $25.00 or more, but less than $2500 government
acquisition cost, for which a one-year period of State restriction
shall apply.
3. Terms and conditions applicable to aircraft and to
vessels measuring 50 feet or more in length are specific exceptions
to all of this section; but the provisions are those specified
in the appropriate conditional transfer documents in accordance
with regulations of the Deaprtment of Health, Education and Welfare.
C. During the period of restriction, the property shall
not be sold, traded, leased, loaned, bailed, encumbered, or otherwise
disposed of without the specific prior written approval of the
Regional Director of the Defense Civil Preparedness Agency or the Director
of the Office of Emergency Services.
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 Defense Civil Preparedness
Agency, through the Office of Emergency Services and shall, as
directed by the Defense Civil Preparedness Agency, retransfer the
property to such department or agency of the United States of America
or such other donee as may be designated by the Defense Civil Prepared-
ness Agency.
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 shall, at the option of the Defense Civil Preparedness
Agency, revert to the United States of America. In addition, where
there has been an unauthorized dis~Dsal or improper use, the donee,
at the option of the Defense Civil Preparedness Agency, shall be liable
to the United States of America for all damages. Where the property
is not returned to possession and ownership of the United States
of America or where property has been improperly 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 America and the donee shall promptly remit the same to the
Defense Civil Preparedness Agency. When the fair market value or
rental value of the property at the ~ime of such disposal or improper
use is greater than the proceeds derived from such action, the donee
shall, at the option of the Defense Civil Preparedness Agency, also
be liable for and promptly remit the difference between such proceeds
and such value, as determined by the Defense Civil Preparedness Agency.
The remedies provided in this paragraph (E) of this section are in
addition to administrative compliance measures, and all civil remedies
and criminal penalties provided by law.
NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF SAID
CITY THAT:
ROBERT F. BEYER JAMES HENDRICKSON
Of Emer Services Assiltant Director Of Emergency Services
ROBERT SHOOK DANIEl
Director Of Public Works Works
are hereby designated as the authorized representatives of said City to
sign for and accept surplus Federal property, regardless of acquisition
cost, in accordance with the conditions imposed by the above agencies; and
BE IT FURTHER RESOLVED 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 Office of
Emergency Services;
BE IT FINALLY RESOLVED that the Clerk of this Council is hereby
authorized and directed to send two (2) certified copies of this
resolction to the California Office of Emergency Services, for filing
with said Office and with the State Department of Education.
PASSED AND ADOPTED this 2nd day of February , 19Y~,
by the City Council of the City of Saratoga, State of California, by
the following vote:
AYES: Councilmen Bridges, Brigham, Corr, Kraus & Matteoni
NOES: None
ABSENT: None
OF THE CITY OF GA
CLERK ,~E CITY