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Home My Public Portal AboutResolution 75-1488RESOLUTION NO. 75 -1488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY CONCERNING THE.ACQUISITION OF A COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500. WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493.), the Federal Government has authorized the donation of surplus Federal property for c ivi 1 . 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 Temple City desires to establish its e l.i g.i.b i..l i ty .for . such property; IT IS, THEREFORE, certified that: 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 document 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 THE DONEE HEREBY AGREES T0• THE FOLLOWING TERMS- AND••.CONDITTI.ONS: I. • TERMS AND-CONDITIONS APPLICABLE T0. ALL PROPERTY, REGARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES: A. Property acquired by the donee shall be on an "as is "where is" basis, without waranty 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, I I. 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 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 wr4ting,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: Resolution No. 75 -1488 Page 2. 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- fa i r market value of .$25..0:0 .or .more, bu•t , 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 to all of this section; ,but the provisions are those .specified in the appropriate conditional transfer documents in accordance with regulations of the Department of Health, , Education and Welfare. C.. .:During the period of restriction, the . p.roper_.ty shall ....._ not be. sold, :.traded, leased, loaned, bailed, . e.ncum.be.r...ed, or otherwise disposed of without the specific prior wr-i- .tten:na.p.praval...o.f t.le.. 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 ..C.i.v i.l....,Pre.par.e.d.ness. Agency, through the Office of Emergency Services and shall, as directed. by the Defense Civil Preparedness- Age.nc..y., r.et..r.ansf.e.r 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 Pre- _.pa re.d ne s s 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 sha l l ,...at the option: of _ the - Defense Civil Preparedness Agency, revert to the United States of America. in addition, where . -. there has been :an..ana..0 thor i zed disposal ,o.r- :- improper ., use,: the donee, at the option of the Defense C i v i l .Preparedness .Agency, _ shall .be..... liable to. the United States of Amer.Lca' for_. a. 1. a. .dama -ges...- _.Wh.e..r_e....:. 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 .1 iable to the. United Sta:tes. 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 ...promp_t:l_y._rem.it the same to the Defense Civil Preparedness A gency. -. When the fair market value or rental value of the. proper ty at the .time of such disposal or improper use is 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 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: Karl L. Koski, City Manager shall be and is hereby authorized as the representative 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 FURTHER RESOLVED that this resolution'of authorization shall supersede Resolution No. 67 -730, passed and adopted April 18, 1967 by the City Council of the City of Temple City, State of California, and it shall remain in full force and effect until 1 Resolution No. 75 -1488 Page 3, superseded or rescinded by resolution 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 resolution to the California Office of Emergency Services, for filing with said Office and with the State Department of Education, PASSED AND ADOPTED THIS 7th day of October, 1975, by the City Council of the City of Temple City, State of California, by the following vote: AYES: Councilmen - Dennis, Greenberg ,Merritt,Tyrell,Gilbertson NOES: Councilmen -None ABSENT: Councilmen -None ATTEST: CLhiref Deputy City Clerk Mayor I, Norma W. Case, Chief Deputy City Clerk of the City of Temple City, California, do hereby certify that 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 of the said Council, 11-11/P2,64_, YO• Chie Deputy City Clerk