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Home My WebLink AboutCC RES 76-059RESOLUTION NO. 76-59 A[iE30LU'I'ION OF THS CITY OOUNCIL OF THE CITY OF PALIt DfiSBAT. C ILIFORNIA, APPAOVING COItBINATION OF SURPLU3 PROPBAZT OVSit AND UNDEA :2,500 IN OONNECTION IIITH TEiTs DISASTSR Ptt iPARBDi S33 PADGRAII. itEREA3 by Public Law 655, 84tb Congress ( Oth Stat. 493). the Federal Government hu authorized the donstion oi surplus Federal property ior civil detense purposes; snd HEREA3, certain conditions are imposed by tbe Deiense Civil Pre- paredneas Agency Region 3even, t6e Depart nent of Heaith Education and Melfare, the California Ofiice of Emergency 3ervices and the State Bducatioaal Agency ior Surplua Propertq, in connection with the acquiaitioa of auch property; and HEREA3, the Citq of Palm Desert California, desires to establish its eligibility for such property; IT IS , THEI2EFORE. RESOLVED that: I. It is AA emergencq services organization designf.ted pur- suant to Stste law. within t6e meaning oi the Federal Property aad Admiaistrative 3ervices Act of 1949, as amended, and the regulations oi the Department of Health Education and Relfare. II. Property requested by this docwnent is usable and necessary in the State for emergencq service purposes, including research for apy such purpose; as required for its own use to fill an existing need; aad is not being acquired for aay ot6er use or purpose, for use outside of the State or for sale. III. Funds are available to pay the costs of care aad handling incident to donatioa including packiag, preparation for shipping, loading, and transporting such property. The City Council of t6e City of Palm Desert hereby agrees to the following terms and conditions: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, REGARD- LESS OF ACQUISITION COST, DONATED FOR E1 ERGENCY SERVICE PURPOSES: A. Property acquired by the City shall be on an "as is" "Ilhere is" basis without warranty of aay kind. B. There vill also be applicable such ot6er te s aad conditions as are contained in the regulations of the Office of Civil Defense. Ofiice of the Secretary of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITIONAL TERI[S AND CONDITIONS APPLICABLE TO PROPERTY HAVING A SINGLE ITEY ACQUISITION COST OF $2 500 OR 110RE DONATED FOR EHERGENCY 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 ac6ieve state of operatioaal readiness as required by the emergeacq service mission assigned to the City in accordance with the emer- gency operational plans of the State and, vhere applicable, local governmeat (phich 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 Mriting by the Regional Dir- # ector of the Defease Civil Preparedness Agency, on a case basis, the period of restriction ior all items of property donated having a single item acquisitoa cost to t6e Federal Goverament of a2,500 or more sbsll be four years from the date of donation. The specific Y ' ; [ k _ _.� __�1 � q3 4 � � s � �� # , � � ;� i3 � ; � � .� � ' y � ! � � �, � i exceptions are as ' tlows: 1. Mucor Vehiclee, Federal Supply C1�►a_�ficatioe (FSC) Group �3 - tor which a tw�o-year period oi reatriction shall apply. Z. Itema oi property donsted having a unit iair mar- ket value of =�b.00 or more, but lese than =Z.S00 government acquis- ition cost, tor whic� a one-qear period of State restriction sdali apply. 3. Terms aod conditions applicable to aircrait and to vesaels measuring SO ieet or more in leagth are specific eaceptions to sll oi tdis section; but the provisiona are those specified in tde appropriate conditioaal transier docwnents in accordance witd regulations of the Department of Sealth. Education and 1leliare. C. During the period of restriction, t6e propertq shall not be sold. traded, leased, loaaed, bailed, encwnbered. or ot6er- wise disposed of without the specific prior written approval of t6e Regioaal Director oL the Defense Civil Preparedness Agencq or the Director oi the Ofiice oi Emergency 3ervices. D. If, duriag the period of restriction, propertq is no longer suitable, usable, or further aeeded for t6e purpose for Mhich acquired, the Cfty shall promptly notify the Defense Civil Prepared- ness Agcncy, through the Office of Emergencq 3ervices and shall� as directed by the Defense Civil Preparedness Ageacy, retransfer t6e property to such department or agency of the United States o! America or such other donee as may be designated by the Defense Civil Preparedness Ageacy. E. In the event any of the terms and conditioas set forth in this section are breached, all right, title. and interest in the property involved shall� at the option of the Defense Civil Prepared- �ess 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 t6e United States of America for all damages. Ilhere the property is not returaed to possession and owdership of the United States of America or where property has beea improperly used� the donee shall be liable Lo the Uafted States of America and all proceeds shall be deemed to have been received and 6eld in trust for the United States of America ann the donee shall promptly remit the same to the Defense Civil Preparedness Agency. llhen the fair market value or reatal 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 t6e Defense Civil Preparedness Ageacy, also be liable for and promptly remit t6e difference between suc6 proceeds and such value� as determined by t6e 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 pro��ided by law. NO11. THEREFORE� IT I3 RESOLVED bq the City Couacil of the City of Palm Desert, California, t6at: Harve L. Hurlburt, Cit itana er (signature) shall be aad is hereby authorized as the representative of said City to sign for and accept surplus Federal property, regardless of Qcquieition cost, in accordance with the conditions imposed bq the above agencies; and IT I3 FURTHEEt RESOLVED that this resolution of authorization shall remain in tull iorce and eflect until superseded or rescinded bq resolution oi thie Council traasmitted ia duplicate to t6e California Oliice oi Emergency 3ervices; aad �. � � ;; � ;; ;' � -2- ._ _ , ,,._..�� PA888D, APPta0V8D � ADOPTBD this 29�h_ day of � �� 1976. ' by the Citr Counci. of t6e City oi—��—Gesert, C� _ �rn a. bq � � t6e iollowin� vote: � � ATBS: McPAenon. Mu111ns, Ne+vbrander. Seidler i Brush � � 1'/OB3: Non! � � � AB3fiMf : None �., � � n� ? � � �,, � � � � �.� � , : ;� <� � r � °� ,`� ',a �`� A1'fE3T : L. , C ty er City oi Palm Deaert, California f � i � �