Resolution No. 83361
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RESOLUTION NO. 8336
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE DONATION OF SURPLUS PROPERTY
FROM THE VERNON FIRE DEPARTMENT TO THE RIO HONDO
FIRE TECHNOLOGY DEPARTMENT
WHEREAS, on January 22, 2003, the City Council of the City of
Vernon adopted Resolution No. 8132 declaring property from the Fire
Department more particularly described on the attached Exhibit "A,"
which is attached hereto and made a part hereof, as surplus to the
needs of the City of Vernon and authorizing the sale of said property;
hand
WHEREAS, the Public Safety Division, Rio Hondo Fire
Technology Program, which is part of Rio Hondo College, is in need of
vehicles to use in its fire training program; and
WHEREAS, on December 8, 2003, the Finance Committee
considered the recommendation of Bruce V. Malkenhorst, the Director of
Finance, dated December 2, 2003, that the 1973 Mack Model and 1992 Ford
E-250 vehicles, which were declared as surplus items, be donated to the
Rio Hondo College Fire Technology Program; and
WHEREAS, the City Council of the City of Vernon has
determined that the donation of said surplus property to the Rio Hondo
College Fire Technology Program will serve a public purpose by (i)
promoting the general municipal welfare; (ii) providing public
beneficial effect; and (iii) being in the best interests of the
constituents of the City of Vernon.
WHEREAS, in order to effectuate the transfer of ownership of
the surplus property, the Rio Hondo College must agree in writing to
the following terms and conditions:
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1.
The donated surplus property shall be on an "as is"
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"where is" basis, without warranty of any kind.
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2.
That the vehicles will be used by the Rio Hondo Fire
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Technology Program and will not be sold by the Rio Hondo
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College for at least one year from the date of the
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transfer of ownership.
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3.
The vehicles will have to be re -registered with the State
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of California Department of Motor Vehicles.
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4.
That the Rio Hondo College Fire Technology Program
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accepts the donation with the understanding that it will
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have to pay for the costs of care and handling incident
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to the donation of the vehicles, including but not
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limited to the transporting of such property, the re-
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registration of the vehicles, and the payment of any
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taxes and fees associated with the transfer of ownership
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of the vehicles from the City to the Rio Hondo College,
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as well as the on -going maintenance of the vehicles.
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5.
Effective upon the complete execution of an agreement
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containing the terms and conditions under which the
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donation will occur, the Rio Hondo College, and their
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employees, agents, representatives, officers, directors,
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successors, assigns and attorneys, release and forever
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discharge the City and their agents, employees, council
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members, officers, directors, representatives,
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successors, assigns, and attorneys of and from any and
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all claims, cross -claims, counter -claims, complaints,
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demands, actions, causes of action, liens, judgment,
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duties, rights, expenses, costs, debts, obligations,
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promises, damages, agreements, contracts, rights of
contribution, indemnification and liabilities, of
whatever nature and extent, whether at law or in equity,
whether under statutory or common law, whether under
state or federal law or regulations, whether known or
unknown, whether suspected or unsuspected, whether
existing or arising or may hereafter arise out of or
related to the vehicles that are the subject of this
donation.
6. The Rio Hondo College hereto acknowledges that it is
familiar with Section 1542 of the California Civil Code,
which provides as follows:
A general release does not extend to
claims which the creditor does not know
or suspect to exist in his favor at the
time of executing the release, which if
known by him must have materially
affected his settlement with the debtor.
If, and to the extent that Section 1542 or similar law
of statute may otherwise apply to this release, the
Rio Hondo College does hereby waive and relinquish all
rights and benefits that it has or may have under
Section 1542 of the California Civil Code or under the
law of any other state or jurisdiction to the same or
similar effect as to the matters released hereunder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds and determines that the property described in the attached
Exhibit "A" is surplus to the needs of the City of Vernon.
SECTION 3: The City Council of the City of Vernon hereby
finds and determines that the donation of the property described in
the attached Exhibit "A" to the Rio Hondo College, for use by its Fire
Technology Program, to support the fire training program is a public
purpose.
SECTION 4: The Purchasing Agent is hereby authorized to
donate said surplus property to the Rio Hondo College, Fire Technology
Program, subject to the preparation and execution of an agreement.
SECTION 5: The City Council hereby authorizes the City
Attorney to prepare an agreement between the City and the Rio Hondo
College, Fire Technology Program for the transfer of ownership of the
surplus property under the terms and conditions set forth herein.
SECTION 6: The City Council hereby authorizes the Mayor
and/or City Administrator to execute an Agreement with Rio Hondo
College for the donation for the surplus property, as well as any
other documents that shall be required to complete the transfer of the
property.
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of December, 2003.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
G
EONIS C. MAL URG, Aayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8336, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
December 17, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
rAA .)ZJ 061 7UZ4
(;ll'Y Ur
Vh"UIN J LEHR tgjuuL
CITY OF
VERNON.
CALIFORNIA
REPORT OF SURPLUS PROPERTY
TO: Purchasing Department
The -- FI AE Department has on hand the following described articles for which it has
no present or anticipated use.
QUANTITY
UNIT
DESCRIPTION
LOCATION
CONDITION
C
E-aa.
1-01 fAAC, MOML cF `79S F 15-
SmAT1044-3
PooQ
V(N#-CF`795 F 1003
T D 4P t 003 E
STATtoN # 3
d
E-21i
1 117 3 MALt` rl00F.)_� C-F `79S F- ►s
POOR
v I NS C-F7 9 S- F 10:L?
L► L# ( 3 t 1'i le /M0*- I o_;0 E-
U
u-3
19 8,9 F=o9,o VAN
:S A-DoN
V(N -#- 1FT3S36 L0!� EH86�971
L«-4- 4 4 a 9 8 TD:0, (A'71 u
�-3
d
I192 FG P, 17 E-DSO
STA.-na N41-- 3
rAlik
V1N#- 1FDss_-5Lt l8NHga5t0a
L tC_ k 2'-1'0'-t a/ T o-* 510 P_ R
HOW AND WHEN TO USE THIS FORM
Above certified c rect:
If item listed is equipment, show, in the "Description" column kind,
manufacturer, model and serial numbers. Under "Condition" indicate if,
"scrap". "poor", "fair" or "good".
Make separate entries for ferrous and non-ferrous scrap items; if non -fern-
ous, indicate type (bronze, brass, copper, etc.) and derivation Ivalve parts
hose couplings, bare or insulated wire, etc.)
tkpt. Head or Auth. Rep.
Data
Send one copy to purchasing department when items are available for
disposal , or at the close of each fiscal year.
Do not report items that are to be traded in on purchases of replacements.
i
SUPPORTING
DOCUMENTS
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AGREEMENT REGARDING THE DONATION
OF CERTAIN SURPLUS PROPERTY
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this 1-4 dayof
�r0a
y'2004, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, California 90058-0805
AND RIO HONDO COLLEGE (hereinafter
referred to as "Rio Hondo")
3600 Workman Mill Road
Whittier, California 90601
RECITALS
WHEREAS, on January 22, 2003, the City Council of the City of
Vernon adopted Resolution No. 8132 declaring property from the Fire
Department more particularly described on the attached Exhibit "A,"
which is attached hereto and made a part hereof, as surplus to the
needs of the City of Vernon; and
WHEREAS, the Rio Hondo Public Safety Division, Fire
Technology Program, which is part of the Rio Hondo College, is in need
of vehicles to use in its fire training program; and
WHEREAS, on December 17, 2003, the City Council of the City
of Vernon adopted Resolution No. 8336,in which it determined that the
donation of said surplus property to the Rio Hondo College Fire
Technology Program will serve a public purpose by (i) promoting the
jeneral municipal welfare; (ii) providing public beneficial effect;
i
1 and (iii) being in the best interests of the constituents of the City
2 of Vernon.
3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
4 FORTH HEREIN:
5 1. The donated surplus property shall be on an "as is"
6 "where is" basis, without warranty of any kind.
7 2. That the vehicles will be used by the Rio Hondo Fire
8 Technology Program and will not be sold by the Rio Hondo College for at
9 least one year from the date of the transfer of ownership.
10 3. The vehicles will have to be re -registered with the
11 State of California Department of Motor Vehicles.
12 4. That the Rio Hondo College Fire Technology Program
13 accepts the donation with the understanding that it will have to pay
14 for the costs of care and handling incident to the donation of the
15 vehicles, including but not limited to the transporting of such
16 property, the re -registration of the vehicles, and the payment of any
17 taxes and fees associated with the transfer of ownership of the
18 vehicles from the City to the Rio Hondo College, as well as the on-
19 going maintenance of the vehicles.
20 5. Effective upon the complete execution of an agreement
21 containing the terms and conditions under which the donation will
22 occur, the Rio Hondo College, and their employees, agents,
23 representatives, officers, directors, successors, assigns and
24 attorneys, release and forever discharge the City and their agents,
25 employees, council members, officers, directors, representatives,
26 successors, assigns, and attorneys of and from any and all claims,
27 cross -claims, counter -claims, complaints, demands, actions, causes of
28 action, liens, judgment, duties, rights, expenses, costs, debts,
1
1 obligations, promises, damages, agreements, contracts, rights of
2 contribution, indemnification and liabilities, of whatever nature and
3 extent, whether at law or in equity, whether under statutory or common
4 law, whether under state or federal law or regulations, whether known
5 or unknown, whether suspected or unsuspected, whether existing or
6 arising or may hereafter arise out of or related to the vehicles that
7 are the subject of this donation.
8 6. The Rio Hondo College hereto acknowledges that it is
9 familiar with Section 1542 of the California Civil Code, which provides
10 as follows:
11 A general release does not extend to
12 claims which the creditor does not know or
suspect to exist in his favor at the time
13 of executing the release, which if known
by him must have materially affected his
14 settlement with the debtor.
15 If, and to the extent that Section 1542 or similar law of statute may
16 otherwise apply to this release, the Rio Hondo College does hereby
17 waive and relinquish all rights and benefits that it has or may have
18 under Section 1542 of the California Civil Code or under the law of any
19 other state or jurisdiction to the same or similar effect as to the
20 matters released hereunder.
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IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by and through their authorized officers on the date,
month and year first written above.
CITY OF VERNON
B y 6� arc L.
L ONIS C. MALBU �,M�ayor�
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO F .
ERIC T. FRESCH, C1 Attorney
By:
Title:
By:
Title:
RIO ONDO COLLE
s
Officer
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CITY of VERNON. CALIFORNIA
REPORT OF SURPLUS PROPERTY
The FI AE Department has on hand the following described articles for which it hays
no present or anticipated use:
UNIT DESCRIPTION
LOCATION I CONDITION
OO E-1y W7 3 MALL r)o0El-• CF'?`tS F- is STATtoN 3 Poort
viH4- c-F"29S = ioz'7
UCH 623 4si(,, /-1 0*- t 0:0 E
R 3 t99�, FORD E--;tso
vlN� ��psS3y.i"iBNHgaStoa
LtC.# a4--1-04a /M Did 5 tom F,
S`rnTio IV � 3
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