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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hereto as Exhibit "B"), and BE ~ FURTHER RESOLVED that the Resolution on this subject dated February 2, 1977 is hereby rescinded.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