City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01532 9/24/2024 Consent Item 6.
Surplus Property Donation to Downtown Partnership
File ID: 2024-01532
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the donation of one surplus compact truck to the Downtown Partnership; 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: 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), through its Fleet Management Division, has received a formal donation request from the Downtown Partnership. The request is for one (1) compact truck, which the Partnership intends to use to aid in clean-up and removal of trash and debris of the downtown area. This specific vehicle has been identified as surplus by the City of Sacramento and has surpassed its useful operational life and is no longer in service. Donating this vehicle to the Downtown Partnership would not only help to repurpose city resources, but also support the ongoing efforts to maintain and improve the cleanliness and overall environment of the downtown district.
Policy Considerations: City Code Chapter 3.80.030 (7) 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 instance, the recipient meets this
File ID: 2024-01532 9/24/2024 Consent Item 6.
criterion, making the organization eligible to receive donated surplus item.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): No environmental review is necessary because the recommendations in this report involve the donation of vehicles 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: The following unit is no longer in service and is surplus to the City’s needs: Unit 10534 - 2006 Ford Ranger (Vin# 1FTYR10DX6PA65312).
Financial Considerations: In its current condition, the salvage value of the truck is approximately $750 if the City would sell the unit at public auction. Authorizing and executing the hold harmless agreement would protect the City from any further financial liability associated with the donated truck.
Local Business Enterprise (LBE): Not applicable
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 #: ___________________ Assessors Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
______
Department Review and Routing
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY DO NOT WRITEBELOW THIS LINE------------------ 09/27/2024
$ 0.00
Downtown Partnership
Surplus Property Donation to Downtown Partnership
2024-01532
Alison Kerstetter
Song Moua [email protected]
YES
Public Works
Form Approved by City Attorney 7-29-2020 Page 1
Hold Harmless Agreement
This HOLD HARMLESS AGREEMENT(this “Agreement”) is made at Sacramento, California, as of 09/24/2024 (“Effective Date”), by and between the CITY OF SACRAMENTO, a municipal corporation (“CITY”), and the
Downtown Partnership
980 9th Street, Suite 200, Sacramento, CA 95814
WHEREAS, the Downtown Partnership desires to acquire from CITY, and CITY desires to donate to Downtown Partnership, the Surplus Property described below; and WHEREAS, the Downtown Partnership desires to hold harmless and indemnify CITY from any claims and/or litigation arising out of CITY’S actions in connection with its donation, and the Downtown Partnership’s acceptance of the Surplus Property, described as one (1) compact truck, identified as:
2006 Ford Ranger, VIN 1FTYR10DX6PA65312
NOW THEREFORE, in consideration of the mutual covenants and conditions herein, CITY and the Downtown Partnership hereby agree as follows:
TERMS
1. Acceptance of Responsibilities. The Downtown Partnership shall be responsible for, all taxes, levies, assessments, and the like arising out of, or in any way connected with, the transfer, dismantling, loading, transportation, removal, possession, ownership, or use of the Surplus Property conveyed hereunder. The Surplus Property conveyed hereunder shall be removed from the South Area Corporation Yard (5730 24th Street, Sacramento, CA 95822) within 30 days of approval by the Sacramento City Council. In the event the Surplus Property is not so removed, CITY shall have the unconditional right to sell, donate or otherwise dispose of the Surplus Property at its convenience, by any method it chooses, and without prior notice to the Downtown Partnership.
2. Exclusion of Warranties. CITY CONVEYS, AND THE DOWNTOWN PARTNERSHIP ACCEPTS, THE SURPLUS PROPERTY “AS-IS.” THE CITY MAKES NO GUARANTEE,
WARRANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE CONDITION,
QUANTITY, KIND, CHARACTER, QUALITY, WEIGHT, SIZE, OR DESCRIPTION, OR ITS
MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, OR OTHER CHARACTERISTIC OF THE SURPLUS PROPERTY. The Downtown Partnership agrees that it was given full opportunity to inspect and examine the Surplus Property. The Downtown Partnership failure to inspect will not constitute grounds for any claim against the City.
Form Approved by City Attorney 7-29-2020 Page 2
3. Hold Harmless and Indemnity.The Downtown Partnership shall fully defend, indemnify, and hold harmless CITY from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation, all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death) relating to the Surplus Property and/or CITY’S conveyance of the same, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of CITY, its officers, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorneys’ fees, and related cost or expenses, and any reimbursement to CITY for all legal fees, expenses, and cost incurred by it.
4. Insurance. The Downtown Partnership shall provide:
a. General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Downtown Partnership, with limits of not less than $1,000,000 per occurrence.
b. Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy shall provide coverage for owned, non-owned, and/or hired autos, as appropriate.
c. Certificates of insurance and required endorsements evidencing the insurance required. The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds under the Downtown Partnership’s general liability and automobile coverage.
5. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have actual legal power, right, and authority to make this Agreement and bind each respective Party.
6. Supplementation, Modification and Amendment. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
7. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, 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 Party Form Approved by City Attorney 7-29-2020 Page 3
any contractual right by custom, estoppel, or otherwise.
8. Attorney’s Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event of a dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
9. Entire Agreement.This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written agreements between the Parties related to such matters.
10. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become 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 an indemnification as possible under California law, in the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to 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 or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal or state courts of California in Sacramento County. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper on inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
Executed as of the day and year first above stated.
Form Approved by City Attorney 7-29-2020 Page 4
CITY OF SACRAMENTO
A Municipal Corporation
By: ___________________________________________
Print name: Ryan Moore________________________
Title: Assistant City Manager__________
For: Howard Chan, City Manager
ATTEST:
______________________________________________
City Clerk
APPROVED AS TO FORM:
______________________________________________
City Attorney
DOWNTOWN PARTNERSHIP
______________________________________________
Signature of Authorized Person
______________________________________________
Print Name and Title
______________________________________________
Additional Signature of Authorized Person
______________________________________________
Print Name and Title
RESOLUTION NO. 2024-XXXX
Adopted by the Sacramento City Council
September 24, 2024
Approval to Donate One Compact Truck to the
Downtown Partnership
BACKGROUND
A. The Downtown Partnership has requested that one compact truck is donated for aiding in the clean-up of the downtown area.
B. The Department of Public Works, Fleet Management Division, has requested approval to donate surplus units 10534, no longer in service, to the Downtown Partnership.
C. City Code Chapter 3.80.030 (F) provides that surplus personal property may be donated to any charitable organization by resolution of the City Council.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The donations of the surplus police motorcycles listed below are approved.
Section 2. The City Manager or the City Manager’s designee is hereby authorized to enter into a hold harmless agreement between the City of Sacramento and the Downtown Partnership along with any other documentation required to complete the donation.
City Unit Year Make Model Vin
10534 2006 FORD RANGER IFTYR10DX6PA65312