City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01236 6/24/2025
Surplus Property Donation to Sacramento Area Fire Chaplaincy File ID: 2025-01236
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the donation of one surplus Sport Utility Vehicle (SUV) to Sacramento Area Fire Chaplaincy; and 2) authorizing the Interim City Manager or designee to execute any necessary documentation to complete the property transfers, including a hold harmless agreement.
Contact: Stacey Chatman, 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
Description/Analysis
Issue Detail: The Department of Public Works (DPW), through its Fleet Management Division, has received a formal donation request from Sacramento Area Fire Chaplaincy. The request is for one (1) SUV, which Sacramento Area Fire Chaplaincy intends to use in meeting the needs of first responder crisis intervention. This specific vehicle has been identified as surplus by the City of Sacramento, has surpassed its useful operational life and is no longer part of the city of Sacramento’s active fleet.
Donating this vehicle to Sacramento Area Fire Chaplaincy would not only help to repurpose city resources but also support their ongoing efforts in meeting their mission of being a first responder to the first responders and providing resources to those that suffer traumatic events, building a stronger and healthier community.
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: 2025-01236 6/24/2025
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 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: The following unit is no longer in service and is surplus to the City’s needs: Unit 11314 - 2010 Ford Expedition (Vin# 1FMJU1G56AEB62537).
Financial Considerations: Authorizing and executing the hold harmless agreement will protect the City from any further financial liability associated with the donated truck, and there will be no associated costs to the City upon approval of this Resolution.
Local Business Enterprise (LBE): Not applicable.
Form Approved by City Attorney 7-29-2020 Page 1
Hold Harmless Agreement
This HOLD HARMLESS AGREEMENT
06/24/2025
the
Sacramento Area Fire Chaplaincy
PO BOX 19835
Sacramento, CA 95819
WHEREAS, Sacramento Area Fire Chaplaincy desires to acquire from CITY, and CITY desires to donate to Sacrament Area Fire Chaplaincy, the Surplus Property described below; and WHEREAS, Sacramento Area Fire Chaplaincy desires to hold harmless and indemnify CITY from any claims and/or litigation arising out of actions in connection with its donation, and Sacramento Area Fire Chaplaincys acceptance of the Surplus Property, described as one (1) Firetruck, identified as:
2010 Ford Expedtition, VIN 1FMJU1G56AEB62537
NOW THEREFORE, in consideration of the mutual covenants and conditions herein, CITY and Sacramento Area Fire Chaplaincy hereby agree as follows:
TERMS
1. Acceptance of Responsibilities. Sacramento Area Fire Chaplaincy 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 Sacramento Area Fire Chaplaincy.
2. Exclusion of Warranties. CITY CONVEYS, AND SACRAMENTO AREA FIRE CHAPLAINCY ACCEPTS, THE -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. Sacramento Area Fire Chaplaincy agrees that it was given full opportunity to inspect and examine the Surplus Property. Sacramento Area Fire Chaplaincy 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. Sacramento Area Fire Chaplaincy 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 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, related cost or expenses, and any reimbursement to CITY for all legal fees, expenses, and cost incurred by it.
4. Insurance. Sacramento Area Fire Chaplaincy 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 Sacramento Area Fire Chaplaincy, 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 Sacramento Area Fire Chaplaincy 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 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 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.
CITY OF SACRAMENTO
A Municipal Corporation
Form Approved by City Attorney 7-29-2020 Page 4
By: ___________________________________________
Print name: Ryan Moore
Title: Assistant City Manager
For: Leyne Milstein, Interim City Manager
ATTEST:
______________________________________________
City Clerk
APPROVED AS TO FORM:
______________________________________________
City Attorney
SACRAMENTO AREA FIRE CHAPLAINCY
______________________________________________
Signature of Authorized Person
Robert Kiehne, SAFC Board President
Print Name and Title
______________________________________________
Additional Signature of Authorized Person
______________________________________________
Print Name and Title
RESOLUTION NO. 2025-XXXX
Adopted by the Sacramento City Council
June 24, 2025
Approval to Donate One Sport Utility Vehicle to the
Sacramento Area Fire Chaplaincy
BACKGROUND
A. Sacramento Area Fire Chaplaincy has requested that one sport utility vehicle is donated for the use in active response to crisis intervention for first responders.
B. The Department of Public Works, Fleet Management Division, has requested approval to donate surplus unit 11314, no longer in service, to Sacramento Area Fire Chaplaincy.
C. City Code Chapter 3.80.030 (7) 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 donation of the surplus sport utility vehicle to the Sacramento Area Fire Chapliancy listed below is approved.
Section 2. The Interim City Manager or designee is hereby authorized to enter into a hold harmless agreement between the City of Sacramento and Sacramento Area Fire Chaplaincy along with any other documentation required to complete the donation.
City Unit Year Make Model Vin
11314 2010 FORD EXPEDTIION 1FMJU1G56AEB62537