HomeMy WebLinkAboutAgenda Report - December 18, 2013 C-08AGENDA ITEM C 4%
4% CITY OF LODI
,. COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Accept a 1994 Ford
Econoline E350 Diesel Van
MEETING DATE: December 18, 2013
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing the Lodi Police Department to accept a
1994 Ford Econoline, E350 Diesel, Van.
BACKGROUND INFORMATION: The Lodi Police Department Explosive Ordinance Disposal Team
acquired a surplus 1984 Chevrolet pick-up frame with a Dodge pick-
up utility box on the back from the U.S. Air Force in 1994. The Chevrolet has many deficiencies and is
irreparable.
The Lodi Police Department and the Manteca Police Department are part of the Metropolitan SWAT
team. The City of Manteca Police Department recently purchased a newer vehicle for SWAT and is
willing to re -allocate their surplus vehicle to the City of Lodi Police Department. Manteca Police
Department's surplus vehicle is newer and meets the needs of the Explosive Ordinance Team. Several
Lodi Police Department personnel were able to inspect the vehicle and found it to be in working order;
needing only minor retrofitting (Police logos, radio, siren, and lights).
The re -allocation of this vehicle will provide the Explosive Ordinance Disposal team a more readily relied
upon vehicle when needed.
FISCAL IMPACT: This will not incur any General Fund cost.
FUNDING AVAILABLE: N/A
MH/CJ/po
Prepared by: Sgt. Shad Canestrino
cc: City Attorney
APPROVED:
Mark Helms
Chief of Police
Bartlam, City Manager
G
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AGENDA ITEM
SUPPLEMENTAL INFORMATION
4% CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Accept a 1994 Ford
Econoline E350 Diesel Van and Authorize the City Manager to Execute a
Transfer of Surplus Property and Hold Harmless Agreement
MEETING DATE: December 18, 2013
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing the Lodi Police Department to accept a
1994 Ford Econoline, E350 Diesel, Van and authorize the City
Manager to execute a transfer of surplus property and hold
harmless agreement.
BACKGROUND INFORMATION: The Lodi Police Department Explosive Ordinance Disposal Team
acquired a surplus 1984 Chevrolet pick-up frame with a Dodge pick-
up utility box on the back from the U.S. Air Force in 1994. The Chevrolet has many deficiencies and is
irreparable.
The Lodi Police Department and the Manteca Police Department are part of the Metropolitan SWAT
team. The City of Manteca Police Department recently purchased a newer vehicle for SWAT and is
willing to re -allocate their surplus vehicle to the City of Lodi Police Department. Manteca Police
Department's surplus vehicle is newer and meets the needs of the Explosive Ordinance Team. Several
Lodi Police Department personnel were able to inspect the vehicle and found it to be in working order;
needing only minor retrofitting (Police logos, radio, siren, and lights). The re -allocation of this vehicle will
provide the Explosive Ordinance Disposal team a more readily relied upon vehicle when needed.
The City of Lodi wishes to acquire the vehicle is "as is" condition and will assume all risks
associated with the acauisition.
FISCAL IMPACT: This will not incur any General Fund cost.
FUNDING AVAILABLE: N/A
MH/CJ/po
cc: City Attorney
APPROVED:
Mark Helms
Chief of Police
, City Manager
CITY OF LODI
TRANSFER OF SURPLUS PROPERTY BY THE CITY OF MANTECA
AND HOLD HARMLESS AGREEMENT
This Agreement, is made and entered into this day of December, 2013, by and
between the City of Lodi, a municipal corporation ("LODI") and the City of Manteca, a municipal
corporation ("MANTECA") (CITY and MANTECA are collectively referred to as the "PARTIES").
RECITALS
This Agreement is made with regard to the following recitals:
A. MANTECA desires to divest itself of both ownership and vicarious or direct
liability associated with the possession and use of a certain vehicle currently owned by
MANTECA and used by its Police Department as a bomb truck; the truck is specifically
described as a 1994 Ford Econoline, E350 Diesel, License No. 1259800, Vehicle Identification
No. 1 FDKE30M3RHB63993 ("BOMB TRUCK").
B. The BOMB TRUCK has been designated by MANTECA as a surplus vehicle for
purposes of disposition.
C. PARTIES acknowledge that LODI has had an opportunity to inspect the BOMB
TRUCK.
D. LODI wishes to assume ownership and take possession of the BOMB TRUCK in
its current "as is" condition, without any warranties or representations by MANTECA as to its
mechanical functionality.
E. In consideration for the transfer of title to the BOMB TRUCK by MANTECA to
LODI, LODI makes assurances as set forth below.
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follows:
NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as
MANTECA agrees to relinquish all of its right, title and ownership interest in the
BOMB TRUCK to LODI and to cooperate in the execution of any and all documents necessary
to effectuate the transfer of title.
2. LODI agrees to assume ownership of the BOMB TRUCK, and to assume any and
all risks, including, but not limited to, risk of injury or death to third persons, and to hold
MANTECA, its elected and appointed officials, its police department, and its employees and/or
agents or volunteers harmless from any and all liability, claims, administrative proceedings or
other responsibility whatsoever arising from any injuries or damages that may occur on or after
the date ownership of the BOMB TRUCK is transferred to LODI pursuant to this Agreement.
That date is hereby fixed by agreement by and among the PARTIES hereto as being December
19, 2013, hereinafter the "DATE OF TRANSFER OF OWNERSHIP".
3. LODI further agrees to assume all liability for risks and dangers relating to its
ownership and use of the BOMB TRUCK on and after the DATE OF TRANSFER OF
OWNERSHIP, and to indemnify and hold MANTECA, its elected and appointed officials, its
police department, and its employees and/or agents or volunteers harmless in the event that any
legal or administrative action, whether by claim, demand or otherwise, is made by any person or
entity as a consequence of or arising out of any event, act or disturbance involving the BOMB
TRUCK on or after the DATE OF TRANSFER OF OWNERSHIP. The aforementioned hold
harmless provisions shall extend to any direct or vicarious liability arising from any and all losses,
liabilities, charges (including reasonable attorney fees and court costs), and any other expenses
whatsoever which may arise in any manner after the DATE OF TRANSFER OF OWNERSHIP.
4. This Agreement shall be governed by the laws of the State of California and
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venue for any action brought hereunder shall be with the San Joaquin County Superior Court.
5. In the event of any dispute between the PARTIES arises under or regarding this
Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable
attorney's fees from the party who does not prevail as determined by the court having jurisdiction
over thereof.
6. The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
10. This Agreement represents the entire and integrated agreement between LODI
and MANTECA and supersedes all prior negotiations, representations, or agreement, either oral
or written.
11. This Agreement may be amended only by written instrument signed by LODI and
MANTECA.
10. The undersigned hereby represent and warrant that they are authorized by the
parties they purport to represent to execute this Agreement.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed in
San Joaquin County, California.
DATED:
CITY OF LODI, a municipal corporation
KONRADT BARTLAM, City Manager
ATTEST:
RANDI JOHL-OLSON, City Clerk
Signatures continue on the next page
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"MANTECA"
CITY OF MANTECA, a municipal corporation
By
Name:
Title:
ATTEST:
JOANNE TILTON, City Clerk
Approved as to form:
D. STEPHEN SCHWABAUER
City Attorney, City of Lodi
By
Janice D. Magdich, Deputy City Attorney
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RESOLUTION NO. 2013-214
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE LODI POLICE DEPARTMENT TO ACCEPT A 1994 FORD
ECONOLINE E350 DIESEL VAN, AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
TRANSFER OF SURPLUS PROPERTY AND HOLD
HARMLESS AGREEMENT
WHEREAS, the Lodi Police Department Explosive Ordinance Disposal Team
acquired a surplus 1984 Chevrolet pick-up frame with a Dodge pick-up utility box on the
back from the U.S. Air Force in 1994; and
WHEREAS, the Lodi Police Department and the Manteca Police Department are
part of the Metropolitan SWAT team; and
WHEREAS, the City of Manteca Police Department would like to re -allocate its
surplus SWAT van to the City of Lodi Police Department; and
WHEREAS, the surplus vehicle from the City of Manteca is newer and meets the
needs of the Explosive Ordinance Team; and
WHEREAS, several Lodi Police Department personnel were able to inspect the
vehicle and found it to be in working order; needing only minor retrofitting (Police logos,
radio, siren, and lights); and
WHEREAS, the City of Lodi wishes to acquire the vehicle in "as is" condition; and
WHEREAS, the acceptance of this vehicle will give the Explosive Ordinance
Disposal team'a vehicle that can be more readily relied upon when needed.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Lodi Police Department to accept a surplus 1994 Ford Econoline E350 Diesel
Van from the City of Manteca in "as is" condition, to be utilized by the Lodi Police
Department Explosive Ordinance Disposal Team; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
a Transfer of Surplus Property and Hold Harmless Agreement on behalf of the City.
Date: December 18, 2013
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I hereby certify that Resolution No. 2013-214 was passed and adopted by the Lodi
City Council in a regular meeting held December 18, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS —
2013-214
ON