The URL can be used to link to this page

Home My WebLink AboutAgenda Report - October 4, 2017 C-08TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C -s AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Donate a 2002 Mighty Mover SPCN Trailer, Subject to the Recipient's Execution of a Hold Harmless Agreement, and Authorize the City Manager to Execute a Memorandum for Disposition of Vehicle MEETING DATE: October 4, 2017 PREPARED BY: Chief of Police RECOMMENDED ACTION Adopt resolution authorizing the Lodi Police Department to donate a 2002 Mighty Mover SPCN trailer, subject to the recipient's execution of a Hold Harmless Agreement, and authorize the City Manager to execute a Memorandum for Disposition of Vehicle. BACKGROUND INFORMATION: The Lodi Police Department Traffic Division acquired a Mighty Mover SPCN trailer in 2002 through an Office of Traffic Safety (OTS) grant. The 2002 OTS grant paid for the trailer including fabrication to make the trailer operational as the department's Driving Under the Influence (DUI) operations checkpoint trailer. The Lodi Police Department included the request for a new and larger trailer in the 2016/17 OTS grant, and was awarded the funds for the purchase. The new trailer was received by the department on September 11, 2017. The City of Ripon Police Department has voiced interested in the department's 2002 Mighty Mover trailer. OTS was contacted regarding the request to donate the trailer to Ripon PD, and the benefaction is approved. The re -allocation of this trailer will provide the Ripon Police Department a DUI trailer for their operations and it will free up much needed space in the Lodi Police Department's parking lot to house the new trailer. The Lodi Police Department recommends that the City Council approve the donation of the 2002 Mighty Mover SPCN trailer to Ripon PD, subject to Ripon's execution of a Transfer of Surplus Property and Hold Harmless Agreement, and further authorize the City Manager to execute a Memorandum for Disposition of Vehicle. FISCAL IMPACT: None. FUNDING AVAILABLE: Not applicable. cc: Randy Laney, Fleet Services Supervisor Tod Patterson Chief of Police APPROVED: uer City Manager "4-A MEMORANDUM FOR DISPOSITION OF VEHICLE )b /a'j, 1 {�� Fleet Superintendent City Engineer/Deputy Public Works Director Deputy City Manager/Internal Services Director City Manager Lt. Steve Nelson Fleet Coordinator 10/4/2017 Request for Approval to Dispose of Surplus Vehicle No. From: Date: Subject: Approval is requested to complete disposition of the following vehicle: Year 2002 Make Mighty Mover Model 31095-22 Body Type Trailer Division Traffic Current Assignment Dept, Police City Vehicle No. 05-0066 Lic. No. 1056997 V1N 4AGEU22251C033933 Current Odometer or Hour Meter Reading Miles/Hours (circle one) Replacement Guidelines for this Vehicle Service Years 15 Mileage/Hours Additional Information Estimated value (check one) ❑ No value or Junk ❑ 41,000 ❑ $1,000-$3,000 Z Other: $Donation Planned method of disposition (check one) ❑ Intra -City Transfer to Department, Fleet ❑ Sealed Bid ❑ Off-site Auction ❑ Trade-in (Wrecked vehicles estimated to have only junk value shall be removed from City property by the most economical means.) Fund to be credited: Fleet Coordinator Approved: Date: Fleet Superintendent Approved: Date: Deputy City Manager/Internal Services Director Approved: Date: City Manager Attachments for signature: ❑ Title ❑ Bill of Sale ❑ Power of Attorney ❑ Release of Liability ❑ Odometer Disclosure Statement ❑ (Other) CC : City Council City Clerk Supervising Budget Analyst, Susan Bjork Risk Manager Public Works Fleet Services Sen Adm. Clerk Michelle Niemantsverdriet \\pd-fs-v-01\PublIc$Wdmin Docs\Council Communlcations\Council Communicalions\FY 17.18\100420171MemoDispMIghly Mover Traller.doc9/21/2017 TRANSFER OF SURPLUS PROPERTY BY THE CITY OF LODI AND HOLD HARMLESS AGREEMENT This Agreement, is made and entered into this day of October, 2017, by and between the City of Lodi, a municipal corporation ("LODI") and the City of Ripon, a municipal corporation ("RIPON") (CITY and RIPON are collectively referred to as the "PARTIES"). RECITALS This Agreement is made with regard to the following recitals: A. LODI 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 LODI and used by its Police Department; the vehicle is specifically described as a 2002 Mighty Mover SPCN Trailer (Model 31095-22), License No. 1056997, Vehicle Identification No. 4AGEU22251C033933 ("TRAILER"). B. The Trailer has been designated by LODI as a surplus vehicle for purposes of disposition. C. PARTIES acknowledge that RIPON has had an opportunity to inspect the TRAILER. D. RIPON wishes to assume ownership and take possession of the TRAILER in its current "as is" condition, without any warranties or representations by LODI as to its mechanical functionality. E. In consideration for the transfer of title to the TRAILER by LODI to RIPON, RIPON makes assurances as set forth below. NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as follows: 1. LODI agrees to relinquish all of its right, title and ownership interest in the TRAILER to RIPON and to cooperate in the execution of any and all documents necessary to effectuate the transfer of title. 2. RIPON agrees to assume ownership of the TRAILER, and to assume any and all risks, including, but not limited to, risk of injury or death to third persons, and to hold LODI, 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 9/25/17 -1- J:\CA\CITY\CONTRACTS\POLICE\AGR-POLICE AGR-TRAILER-RIPONPD.DOC agreement by and among the PARTIES hereto as being , 2017, hereinafter the "DATE OF TRANSFER OF OWNERSHIP". 3. RIPON further agrees to assume all liability for risks and dangers relating to its ownership and use of the TRAILER on and after the DATE OF TRANSFER OF OWNERSHIP, and to indemnify and hold LODI, 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 TRAILER 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 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. 7. This Agreement represents the entire and integrated agreement between LODI and RIPON and supersedes all prior negotiations, representations, or agreement, either oral or written concerning the subject of this Agreement. 8. This Agreement may be amended only by written instrument signed by LODI and RIPON. 9. The undersigned hereby represent and warrant that they are authorized by the parties they purport to represent to execute this Agreement. (Signatures continue on the next page) 9/25/17 -2- J:\CA\CITY\CONTRACTS\POLICE\AGR-POLICE AGR-TRAILER-RIPONPD.DOC IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed in San Joaquin County, California. "LODI" DATED: CITY OF LODI, a municipal corporation ATTEST: JENNIFER M. FERRAIOLO City Clerk, City of Lodi By STEPHEN SCHWABAUER City Manager "RIPON" DATED: CITY OF RIPON, a municipal corporation ATTEST: LISA ROOS City Clerk, City of Ripon Approved as to form By: JANICE D. MAGDICH City Attorney, City of Lodi 9/25/17 By: Name: Title: -3- J:\CA\CITY\CONTRACTS\POLICE\AGR-POLICE AGR-TRAILER-RIPONPD.DOC RESOLUTION NO. 2017-191 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE DONATION OF THE 2002 MIGHTY MOVER SPCN TRAILER TO RIPON POLICE DEPARTMENT, SUBJECT TO THE EXECUTION OF A HOLD HARMLESS AGREEMENT, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM FOR DISPOSITION OF VEHICLE WHEREAS, the Lodi Police Department Traffic Division acquired a Mighty Mover SPCN trailer in 2002 through an Office of Traffic Safety (OTS) grant; and WHEREAS, the Lodi Police Department included the request for a new and larger trailer in the 2016/17 OTS grant and was awarded the funds for the purchase; and WHEREAS, the City of Ripon Police Department has voiced interest in the department's 2002 Mighty Mover trailer, which will free up much-needed parking space; and WHEREAS, OTS was contacted regarding the request to donate the trailer to Ripon Police Department, and the benefaction is approved. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the donation of the 2002 Mighty Mover SPCN trailer to Ripon Police Department, subject to the execution of a Transfer of Surplus Property and Hold Harmless Agreement by the City of Ripon, and further authorizes the City Manager to execute a Memorandum for Disposition of Vehicle. Dated: October 4, 2017 hereby certify that Resolution No. 2017-191 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 4, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2017-191 NIFER FERRAIOLO ity Clerk