Resolution 1975-47
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RESOLUTION NO. 75-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RE: COMBINATION
OF SURPLUS PROPERTY OVER AND UNDER $2500.
W:~EREAS, 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 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 acqui-
sition of such property; and
WHEREAS, the City of Gilroy desires to establish its eligibi-
lity for such property;
IT IS, THEREFORE, certified that:
I. It is an emergency services 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 emergency services 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 out-
side of the State, or for sale.
111_ 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, REGARDLESS
OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICES PURPOSES:
A. Property acquired by the donee shall be on an "as is"
"where is" basis, without warranty of any k..i..nd.
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:
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RESOLUTION NO. 75-47
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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 eme.cgeiicy
service mission assigned to the donee in accordance with the emergency
operational plans of the State and, where applicable, local government
(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 dOflated having a single item
acquisition cost to the Federal Government of $2500. or more shall be
four (4) 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 (2) 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 (1) 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 ap-
propriate conditional transfer documents in accordance with regulations
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 dis-
posed 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 Prepared-
ness 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 oection are breached, all right, title, and interest in the
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property involved shall, at the option of the Defense Civil Prepared-
ness Agency, revert to the United States of America. In addition,
where there has been an unauthorized disposal 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 time of such disposal or improper
use is greater than the proceeds derived from such action, the donee
~hall, 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 of Gilroy that:
FRED O. WOOD, CITY ADMINISTRATOR
CECIL A. REINSCH, PURCHASING AGENT
ORIA THRASHER, BUYER
are hereby designated as the authorized representatives' of said City
of Gilroy 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 R~SOLVED that this resolution of authorization shall
remain in full force and effect until superseded or rescinded by reso-
lution of this Council transmitted in duplicate to the California Office
of Emergency Services; and be it
FURTHER RESOLVED that the Clerk of this Council is hereby
authorized and directed to send two (2) certified copies of this reso-
lution to the California Office of Emergency Services, for filing with
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said Office and with the State Department of Education.
PASSED AND ADOPTED this 3rd day of November, 1975, by the
City Council of the City of Gilroy, State of California, by the fol-
lowing vote:
AYES: COUNCIL ~ffiMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE,
STOUT and GOODRICH.
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Xff~C/~~~~
~ Mayor
ATTEST:
(:Jz.,tda"H'n,<_/}~ '
City Cler
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I, SUSAt4ME E. STEINMETZ, City Clerk of the City of Gilroy~ do
hereby certify that the attached Resolution No. 75-47
is an original
resolutiont duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counc:i I held on the 3rd
day of NnvPIllhpr
, 19 L'i-, at which meeting a quormt was present.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the
offici..al seal of the City of Gilroy, this 6th day of November
, 19 .J.!L.
0~~& c1~
,dty Clerk of the City of Gilroy