City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01637 10/14/2025
Surplus Property Donation to Los Rios Community College District File ID: 2025-01637
Location: Citywide
Recommendation: Adopt a Resolution: 1) authorizing the donation of surplus laboratory instrumentation to the Los Rios Community College District (LRCCD) on behalf of Sacramento City College (SCC); 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: Mark Severeid, Water Quality Superintendent, (916) 808-8667, [email protected]; David Herrmann, Water Division Manager, (916) 808-5652, [email protected]; Sherill Huun, Interim Director of Utilities, (916) 808-1455, [email protected]; Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Hold Harmless Agreement
3-Resolution
Description/Analysis
Issue Detail: The DOU Water Quality Laboratory recently purchased a new ion chromatography instrumentation to replace older instruments which have exceeded their life expectancy, are no longer supported by the manufacturer, and are surplus to the City’s needs. Rather than sell the old instruments at auction where, due to their age, they would be expected to have minimal sales value, we are seeking authorization to donate these surplus instruments, a Thermo-Fisher ICS-2100 and an AS-DV Autosampler, to Sacramento City College (SCC), a community college within the Los Rios Community College District (LRCCD). By donating to an educational program, the donated instrumentation can be utilized to support water analysis research through independent student projects, provide hands-on learning, and provide students with practical experience and exposure to industry techniques and instrumentation.
Policy Considerations: City Code, Chapter 3.80.030 (F), provides that surplus personal property
File ID: 2025-01637 10/14/2025
may be donated to any other public agency organization exempt under section 501(c)(3) of the Internal Revenue Code by resolution of the City Council. The recipient LRCCD meets this criterion, making the organization eligible for donated surplus items.
Economic Impacts: None.
Environmental Considerations: The donation of surplus laboratory instrumentation is not a project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2 and 4).
The activity described in this report is a continuing administrative or maintenance activity; and government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The DOU Water Quality Laboratory seeks authorization to donate to SCC surplus laboratory instrumentation which has been replaced after exceeding its life expectancy. Although the instrumentation is “aged out”, it is still functional and capable of providing value to SCC’s Chemical Technology Program, which prepares students for careers in analytical and environmental testing laboratories. DOU Water Quality Laboratory staff have determined that the surplus instrumentation, a Thermo-Fisher ICS-2100 and an AS-DV Autosampler, are now surplus to the City's needs and, if not donated, will be offered for sale at public auction where they would be expected to have minimal sales value due their age. Therefore, this report recommends donating the surplus instrumentation and associated parts to SCC.
Financial Considerations: In their current condition, the potential resale value of the Thermo-Fisher ICS-2100 is $3,000 and the AS-DV Autosampler is $2,000 if the City were to sell them at a public auction. Authorizing and executing the hold harmless agreement would protect the City from any further financial liability associated with the donated instrumentation.
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 #: ___________________ Assessor’s 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)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------
Form Approved by City Attorney 02/15/2024 Page 1
Hold Harmless Agreement
This HOLD HARMLESS AGREEMENT (this “Agreement”) is made at Sacramento, California, as of October 14, 2025 (“Effective Date”), by and between the CITY OF SACRAMENTO, a municipal corporation (“CITY”), and
Sacramento City College, a Los Rios Community College District Campus 3835 Freeport Blvd.
Sacramento, CA 95822
WHEREAS, Los Rios Community College District desires to acquire from CITY, and CITY desires to donate to Los Rios Community College District, the Surplus Property described below; and WHEREAS, Los Rios Community College District 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 Los Rios Community College District’s acceptance of the Surplus Property, described as a Thermo-Fisher ICS-2100, a AS-DV Autosampler and associated parts.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein, CITY and the Los Rios Community College District hereby agree as follows:
TERMS
1. Acceptance of Responsibilities. The Los Rios Community College 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, ownership or use of the Surplus Property conveyed hereunder. The Surplus Property conveyed hereunder shall be removed from the Department of Utilities Water Quality Laboratory (7501 College Town Drive, Sacramento, CA 95826) 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 Los Rios Community College District.
2. Exclusion of Warranties. CITY CONVEYS, AND THE LOS RIOS COMMUNITY COLLEGE DISTRICT 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. Los Rios Community College District agrees that it was given full opportunity to inspect and examine the Surplus Property.
Los Rios Community College District failure to inspect will not constitute grounds for any Form Approved by City Attorney 02/15/2024 Page 2
claim against the City.
3. Hold Harmless and Indemnity. Los Rios Community College District 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. Los Rios Community College District 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 Los Rios Community College District, 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 Los Rios Community College District’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.
Form Approved by City Attorney 02/15/2024 Page 3
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 any contractual right by custom, estoppel, or otherwise.
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.
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 SACRAMENTO
A Municipal Corporation
By: ___________________________________________
Print name: Ryan Moore
Title: Assistant City Manager
For: Leyne Milstein, Interim City Manager
ATTEST:
______________________________________________
City Clerk
APPROVED AS TO FORM:
______________________________________________
City Attorney
Los Rios Community College District
______________________________________________
Signature of Authorized Person
______________________________________________
Print Name and Title
______________________________________________
Additional Signature of Authorized Person
______________________________________________
Print Name and Title
Form Approved by City Attorney 02/15/2024
RESOLUTION NO. 2025-XXXX
Adopted by the Sacramento City Council
October 14, 2025
Approval to Donate Surplus Laboratory
Instrumentation to the Los Rios
Community College District
BACKGROUND
A. The Department of Utilities Water Quality Laboratory has recently taken delivery of laboratory instrumentation to replace older instruments which have exceeded their life expectancy, are no longer supported by the manufacturer, and are surplus to the City’s needs.
B. The Department of Utilities, Water Quality Laboratory, has requested approval to donate these surplus instruments, a Thermo-Fisher ICS-2100 and an AS-DV Autosampler, to Sacramento City College (SCC), a community college within the Los Rios Community College District (LRCCD), a 501(c)(3) exempt organization under the Internal Revenue Code.
C. City Code Chapter 3.80.030 (7) provides that surplus personal property may be donated to any 501(c)(3) exempt 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 laboratory instrumentation listed below is approved.
Make
Model
ID Number
Thermo-Fisher ICS-2100 09100192
Thermo-Fisher AS-DV Autosampler 11113712
Section 2. The City Manager or designee is hereby authorized to enter into a hold harmless agreement between the City of Sacramento and the Los Rios Community College District along with any other documentation required to complete the donation.