City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01669 10/7/2025
Surplus Property Donation to the Sacramento City Unified School District File ID: 2025-01669
Location: District 5
Recommendation: Adopt a Resolution: 1) authorizing the donation of a 4th R classroom portable located at Hollywood Park Elementary School to Sacramento City Unified School District (SCUSD); 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: Katie Houser, Recreation Manager, (916) 808-6046, [email protected], Youth, Parks, and Community Enrichment Department
Presenter: None
Attachments:
1-Description/Analysis
2-Hold Harmless Agreement
3-Resolution
Description/Analysis
Issue Detail: The Department of Youth, Parks, and Community Enrichment (YPCE) is requesting Council approval to donate the 4th R classroom portable located on the Hollywood Park Elementary school campus to Sacramento City Unified School District. 4th R is a licensed childcare program operating at 17 locations citywide. Operations of the 4th R center has moved to Leonardo da Vinci Elementary School located directly next door to Hollywood Park so the portable is no longer needed at its current location. The portable has reached the end of its useful life and requires approximately $25,000 for demolition. Additionally, YPCE received a quote to move the portable for approximately $250,000. The portable is not needed at the new location as SCUSD has renovated classroom space at Leonardo da Vinci for 4th R use and service to both Hollywood Park and Leonardo da Vinci students and families. The school district intends to refurbish the portable and utilize it for school business at Hollywood Park.
Policy Considerations: City Code Chapter 3.80.030 (A) (7) provides that surplus personal property may be donated to any other public agency exempt under section 501(c)(3) of the Internal Revenue
File ID: 2025-01669 10/7/2025
Code by resolution of the City Council.
Economic Impacts: None.
Environmental Considerations: No environmental review is necessary because the recommendations in this report involve the donation of a portable and is not considered to be a project in accordance with Section 15378(b)(2) of the California Environmental Quality Act guidelines.
Sustainability: None.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: 4th R was previously located on the Hollywood Park campus but over time, the program came to serve more students from Leonardo da Vinci. Both the City and SCUSD agreed it was best to relocate 4th R to Leonardo da Vinci. The 4th R city owned classroom portable on the campus is past its useful life and would be very costly to either demolish or to relocate to the Leonardo da Vinci campus. The district had a scheduled construction project on both campuses and is able to renovate a classroom for 4th R’s use in exchange for the classroom portable to remain on the Hollywood Park campus for school use.
Financial Considerations: Demolishing the classroom portable would cost the city approximately $25,000. Alternatively, moving the portable from the Hollywood Park campus to the neighboring Leonardo da Vinci campus would cost the city approximately $250,000. Donating the portable to the district in exchange for classroom space at no cost saves the city between approximately $25,000 and $250,000. Authorizing and executing the hold harmless agreement will protect the City from any further financial liability associated with the donated portable, and there will be no associated costs to the City upon council approval.
Local Business Enterprise (LBE): Not applicable.
Form Approved by City Attorney 10-9-17 Page 1
Hold Harmless Agreement This HOLD HARMLESS AGREEMENT(this “Agreement”) is made at Sacramento, California, as of _October 7, 2025____________ (“Effective Date”), by and between the CITY OF SACRAMENTO, a municipal corporation (“CITY”), andSacramento Unified School District 425 1st Avenue, Sacramento, CA 95818 WHEREAS,Sacramento Unified School District (hereinafter “District”) desires to hold harmless the City from any claims and/or litigation arising out of the City’s actions in connection with itsdonation of one portable, identified as:One portable, as depicted in Exhibit A, located on Hollywood Park Elementary School (“Surplus Property”) NOW THEREFORE, in consideration of the mutual covenants and conditions herein, the City and the District hereby agree as follows: TERMS 1. Property. The DISTRICT 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, or use of the Surplus Property conveyed hereunder. 2.Exclusion of Warranties. THE CITY CONVEYS, AND THE DISTRICT ACCEPTS, THIS 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 DISTRICT agrees that it was given full opportunity to inspect and examine the Surplus Property. The DISTRICT’S failure to inspect will not constitute grounds for any claim against the City. 3. Hold Harmless.The DISTRICT shall fully defend, indemnify, and hold harmless 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, all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), 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 the City, its officers, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, Form Approved by City Attorney 10-9-17 Page 2
without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorneys’ fees, and related cost or expenses, and any reimbursement to the City for all legal fees, expenses, and cost incurred by it.4.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. 5. Supplementation, Modification and Amendment.No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 6. 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 Party any contractual right by custom, estoppel, or otherwise. 7. 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. 8. 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. 9. 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. 10. Applicable Law. This Agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions.
Form Approved by City Attorney 10-9-17 Page 3
11.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 SACRAMENTOA Municipal CorporationBy: ___________________________________________Print name: Ryan Moore________________________Title: Assistant City ManagerFor: Leyne Millstein, City ManagerATTEST:______________________________________________City Clerk
Form Approved by City Attorney 10-9-17 Page 4
APPROVED AS TO FORM:______________________________________________City AttorneySacramento Unified School District ______________________________________________Signature of Authorized Person______________________________________________ Print Name and Title ______________________________________________ Additional Signature of Authorized Person______________________________________________ Print Name and Title Form Approved by City Attorney 10-9-17 Page 5
EXHIBIT ACITY’S PORTABLE LOCATED ON HOLLYWOOD PARK ELEMENTARTY City’s portable is depicted below in the red circle.
RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
Approval to Donate One Classroom Portable to the
Sacramento Unified School District
BACKGROUND
A. The Department of Youth, Parks, & Community Enrichment (YPCE) has requested approval to donate one classroom portable, no longer in use for 4th R childcare services at Hollywood Park Elementary School, to Sacramento City Unified School District.
B. City Code Chapter 3.80.030 (7) provides that surplus personal property may be donated to any other public agency 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 classroom portable to Sacramento City Unified School District at Hollywood Park Elementary School is approved.
Section 2. The Interim City Manager or the City Manager’s designee is hereby authorized to enter into a hold harmless agreement between the City of Sacramento and Sacramento City Unified School District along with any other documentation required to complete the donation.