Loading...
HomeMy WebLinkAboutAgenda Report - June 15, 2016 C-16CITY OF LODI COUNCIL, COMMUNICATION TM AGENDA ITEM �4 I AGENDA TITLE: Adopt Resolution Approving Donation of Retired Rescue Ropes and Rescue Litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program and Authorizing City Manager to Execute Hold Harmless Agreement MEETING DATE: June 15, 2016 PREPARED BY: Fire Chief RECOMMENDED ACTION: Adopt Resolution approving donation of retired rescue ropes and rescue litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program and authorizing the City Manager to execute a hold harmless agreement. BACKGROUND INFORMATION: The Fire Department has surplus rescue ropes and a rescue litter that no longer offer appropriate protection for live Toad activity. The items have passed their life expectancy and have been replaced under the department replacement plan. They may be utilized for training purposes and have been permanently marked for training use only. The Fire Department requests that the four rescue ropes and one rescue litter be donated to the Lodi Unified School District Regional Occupation Fire Science Technology Program. The City Attorney's Office has drafted a hold harmless agreement in favor of the City to be executed by LUSD in consideration for the donation (Attachment A). FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable ooney Fire Chief APPROVED: Stephen Schwabauer, City Ma ger Attachment A CITY OF LODI TRANSFER OF SURPLUS PROPERTY HOLD HARMLESS AGREEMENT This Agreement, is made and entered into in the City of Lodi, State of California, this 15th day of June, 2016, by and between the City of Lodi, a municipal corporation ("CITY") and the Lodi Unified School District Regional Occupation Fire Science Technology Program ("LUSD") (CITY and LUSD are collectively referred to as the "PARTIES"). RECITALS This Agreement is made with regard to the following recitals: A. LUSD wishes to assume ownership and take possession of certain surplus equipment held by CITY, specifically described as 4 rescue ropes and 1 rescue litter. B. PARTIES acknowledge that the RESCUE ROPES and RESCUE LITTER may only be used for non -firefighting activities and have been permanently marked for training use only. C. CITY wishes to divest itself of both ownership and vicarious or direct liability associated with the use of the RESCUE ROPES and RESCUE LITTER. D. LUSD wishes to use the RESCUE ROPES and RESCUE LITTER in its fire science training program. LUSD acknowledges that the RESCUE ROPES and RESCUE LITTER are no longer appropriate for use in live load activity. E. CITY benefits from LUSD's fire science training program and has 15 graduates of the program currently employed in City's Fire Department. NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as follows: 1. CITY agrees to relinquish all of its right, title and ownership interest in the RESCUE ROPES and RESCUE LITTER and transfer the RESCUE ROPES and RESCUE LITTER to LUSD. 2. LUSD does agree to assume ownership of the RESCUE ROPES and RESCUE LITTER, and to assume any and all risks, including, but not limited to, risk of injury or death to third persons, and to hold CITY, 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 RESCUE ROPES and RESCUE LITTER is transferred pursuant to this Agreement. That date is hereby fixed by agreement by and among the PARTIES hereto as being July 1, 2016, hereinafter the "DATE OF TRANSFER OF OWNERSHIP". 3. LUSD further agrees to assume all liability for risks and dangers relating to its ownership of the RESCUE ROPES and RESCUE LITTER on and after the DATE OF TRANSFER OF OWNERSHIP, and to indemnify and hold CITY, 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 RESCUE ROPES and RESCUE LITTER 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. LUSD agrees to retain ownership of RESCUE ROPES and RESCUE LITTER for at least twelve (12) months following the DATE OF TRANSFER OF OWNERSHIP prior to any sale or transfer of ownership and control of the RESCUE ROPES and RESCUE LITTER or destruction thereof by LUSD. 5. This Agreement shall be governed by the laws of the State of California and venue for any action brought hereunder shall be with the San Joaquin County Superior Court. 6. 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. 7. 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. 9. This Agreement represents the entire and integrated agreement between CITY and LUSD and supersedes all prior negotiations, representations, or agreement, either oral or written. This Agreement may be amended only by written instrument signed by CITY and LUSD. 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 Lodi, San Joaquin County, California, on the date first stated above. "LUSD" LODI UNIFIED SCHOOL DISTRICT REGIONAL OCCUPATION FIRE SCIENCE TECHNOLOGY PROGRAM By Name: 1 ` ►'rt T1 to Title: 0 Signatures continue on the next page "CITY" CITY OF LODI, a municipal corporation By D. STEPHEN SCHWABAUER, City Manager ATTEST: JENNIFER M. FERRAIOLO, City Clerk By JENNIFER M. FERRAIOLO, City Clerk Approved as to form: JANICE D. MAGDICH City Attorney By Janice D. Magdich, City Attorney RESOLUTION NO. 2016-103 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE DONATION OF RETIRED RESCUE ROPES AND RESCUE LITTER TO THE LODI UNIFIED SCHOOL DISTRICT REGIONAL OCCUPATION FIRE SCIENCE TECHNOLOGY PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE HOLD HARMLESS AGREEMENT WHEREAS, the Fire Department has surplus rescue ropes and a rescue litter that no longer offer appropriate protection for live load activity; and WHEREAS, the items have passed their life expectancy and have been replaced under the department replacement plan; and WHEREAS, the surplus rescue ropes and rescue litter may be utilized for training purposes and have been permanently marked for training use only; and WHEREAS, Lodi Unified School District will execute a Hold Harmless Agreement in favor of the City of Lodi in consideration for the donation of the rescue ropes and rescue litter. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the donation of four (4) rescue ropes and one (1) rescue litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program; and BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute a Hold Harmless Agreement with Lodi Unified School District for the donation on behalf of the City of Lodi. Dated: June 15, 2016 I hereby certify that Resolution No. 2016-103 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 6NNIFER . FERRAIOLO City Clerk 2016-103