City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00732 7/25/2023 Consent Item 9.
Surplus Property Donation to the City of West Sacramento Fire Department File ID: 2023-00732
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the donation of a surplus (2006 Williams Fire Foam Trailer, Unit 10561) to the City of West Sacramento Fire Department; and 2) authorizing the City Manager or the City Manager’s designee to execute any necessary documentation to complete the property transfers, including a hold harmless agreement.
Contact: Bobbie Small, Program Specialist, (916) 808-6711, [email protected]; Alison Kerstetter, Fleet Manager, (916) 808-1163, [email protected]; Department of Public Works
Presenter: None
Attachments:
1 - Description/Analysis
2 - Hold Harmless Agreement
3 - Resolution
Additional Description/Analysis
Issue Detail: The Department of Public Works (DPW), Fleet Management Division, has received a donation request from the City of West Sacramento Fire Department for a surplus trailer to be used in fighting fires. The City of Sacramento uses different fire engines to utilize form for fires and no longer uses this type of trailer.
Policy Considerations: City Code Chapter 3.80.030 (F) provides that surplus personal property may be donated to any other public agency or charitable organization exempt under section 501(c)(3) of the Internal Revenue Code by resolution of the City Council. In this
File ID: 2023-00732 7/25/2023 Consent Item 9.
instance, the recipient meets this criterion, making the organization eligible to receive donated surplus items.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The recommendations in this report involve the donation of a vehicle and is not considered to be a project in accordance with Section 15378(b)(2) of the California Environmental Quality Act guidelines.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: Unit 10561, a 2006 Williams Fire Foam Trailer (VIN- JMP780010406) is no longer in service due to being past its useful life and the City of Sacramento is using other types of fire engines that utilize form. This trailer is surplus to the City’s needs
Financial Considerations: The salvage value of this vehicle, in its current condition, is approximately $500 if the City were to sell the vehicle.
Local Business Enterprise (LBE): Not applicable.
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CONTRACT ROUTING SHEET Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract. General Information (Required) Original Contract # (supplements only): Supplement/Addendum #: Assessor’s Parcel Number(s): Contract Effective Date: 07/25/2023_ Contract Expiration Date (if applicable): $ Amount (Not to Exceed):$ 0.00Adjusted $ Amount (+/-): Other Party:City of West Sacramento Project Title:Surplus Property Donation to City of West Sacramento Project #: Bid/RFQ/RFP #: City Council Approval: YESif YES, Council File ID#: 2023-00732 Contract Processing Contacts Department: Public Works Project Manager: Bobbie Small Contract Coordinator: Bobbie Small Email: [email protected] Department Review and Routing Accounting: Supervisor: Division Manager: Other: (Signature) (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) Recording Requested Other Party Signature Required ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ CC Rev. 12.19.2018
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inspect will not constitute grounds for any claim against the City.3.Hold Harmless.The City of West Sacramento shall fully defend, indemnify, and holdharmless the City from any and all claims, lawsuits, demands, causes of action, liability,loss, damage and/or injury, of any kind whatsoever (including without limitation, allclaims for monetary loss, property damage, equitable relief, personal injury and/orwrongful death) relating to the Surplus Property and/or the City’s conveyance of thesame whether brought by an individual or other entity, or imposed by a court of law orby administrative action of any federal, state, or local government body or agency,arising out of, in any way whatsoever, any acts, omissions, negligence, or willfulmisconduct on the part of the City, its officers, personnel, employees, agents,contractors, invitees, or volunteers, or arising out of, in any way whatsoever, thedonation, acquisition, use, or condition of the Surplus Property. This indemnificationapplies to and includes, without limitation, the payment of all penalties, fines,judgements, awards, decrees, attorneys’ fees, and related cost or expenses, and anyreimbursement to the City for all legal fees, expenses, and cost incurred by it.4.Insurance. The City of West Sacramento:a. General Liability Insurance providing coverage at least as broad as ISO CGL Form00 01 on an occurrence basis for bodily injury, including death, of one or morepersons, property damage, and personal injury, arising out of activitiesperformed by or on behalf of the Downtown Partnership, with limits of not lessthan $1,000,000 per occurrence.b. Automobile Liability Insurance providing coverage at least as broad as ISO FormCA 00 01 for bodily injury, including death, of one or more persons, propertydamage, and personal injury, with limits of not less than $1,000,000 peroccurrence. The policy shall provide coverage for owned, non-owned, and/orhired autos, as appropriate.c. Certificates of insurance and required endorsements evidencing the insurancerequired. The City, its officials, employees and volunteers shall be covered bypolicy terms or endorsement as additional insureds under the DowntownParternship’s general liability and automobile coverage.5.Authority to Enter Agreement.Each Party warrants that the individuals who havesigned this Agreement have actual legal power, right, and authority to make thisAgreement and bind each respective Party.6.Supplementation, Modification and Amendment.No supplement, modification, oramendment of this Agreement shall be binding unless executed in writing and signed byboth Parties.
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7.Waiver.No waiver of any default shall constitute a waiver of any other default orbreach, whether of the same or other covenant or condition. No waiver, benefit,privilege, or service voluntarily given or performed by a Party shall give the other Partyany contractual right by custom, estoppel, or otherwise.8.Attorney’s Fees and Costs.If any legal action or other proceeding is brought inconnection with this Agreement, the successful or prevailing Party, if any, shall beentitled to recover reasonable attorney’s fees and other related costs, in addition to anyother relief to which that Party is entitled. In the event of a dispute, the court or trier offact who presides over such legal action or proceeding is empowered to determinewhich Party, if any, is the prevailing party in accordance with this provision.9.Entire Agreement.This Agreement contains the entire agreement between the Partiesrelated to the matters specified herein and supersedes any prior oral or writtenagreements between the Parties related to such matters.10.Enforceability, Severability, and Reformation.If any provision of this Agreement shallbe held to be invalid or unenforceable for any reason, the remaining provisions shallcontinue to be valid and enforceable. If a court finds that any provision of thisAgreement is invalid or unenforceable, but that by limiting such provision it wouldbecome valid and enforceable, then such provision shall be deemed to be written,constructed as so limited. The intent of the Parties is to provide as broad anindemnification as possible under California law, in the event that any aspect of thisAgreement is deemed unenforceable, the court is empowered to modify this Agreementto give the broadest possible interpretation permitted under California law.11.Applicable Law.This Agreement shall be governed exclusively by the laws of California,without regard to conflict of law provisions.12.Exclusive Venue and Jurisdiction.Any lawsuit or legal proceeding arising out of orrelating to this Agreement in any way whatsoever shall be exclusively brought andlitigated in the federal or state courts of California in Sacramento County. Each Partyexpressly waives the right to challenge this jurisdiction and/or venue as improper oninconvenient. Each Party consents to the dismissal of any lawsuit that they bring in anyother jurisdiction or venue.Executed as of the day and year first above stated.
CITY OF SACRAMENTOA Municipal CorporationBy: ___________________________________________Print name: Ryan Moore________________________Title: Director, Department of Public Works__________For: Howard Chan, City ManagerATTEST:______________________________________________City ClerkAPPROVED AS TO FORM:______________________________________________City AttorneyThe City of West Sacramento______________________________________________Signature of Authorized Person Aaron LaurelCity Manager _____________________________________________Print Name and TitleForm Approved by City Attorney 7-29-2020
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______________________________________________Additional Signature of Authorized Person______________________________________________Print Name and Title
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
June 13, 2023
Approval to Donate One 2006 Williams Fire Foam Trailer from the City of Sacramento to the City of West Sacramento Fire Department
BACKGROUND
A. The City of West Sacramento Fire Department needs a Foam Trailer, and the City of Sacramento has one that is no longer being used.
B. The Department of Public Works, Fleet Management Division, has requested approval to donate surplus Unit 10561, no longer in service, to the City of West Sacramento Fire Department.
C. City Code Chapter 3.80.030 (F) provides that surplus personal property may be donated to any other public agency or charitable organization exempt under section 501(c)(3) of the Internal Revenue Code by resolution of the City Council.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The donation of the surplus Williams Fire Foam Trailer, Unit 10561, is approved.
Section 2. The City Manager or the City Manager’s designee is hereby authorized to enter into a hold harmless agreement, in substantially the same form as attached hereto, between the City of Sacramento and the City of West Sacramento Fire Department and any other documentation required to compete the donation.