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HomeMy WebLinkAbout08-496DECEMBER 23, 2008 08 -496 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT FOR DONATION OF 1993 FORD WHEELED COACH AMBULANCE TO OSHKOSH RED CROSS INITIATED BY: FIRE DEPARTMENT WHEREAS, the City of Oshkosh Fire Department has replaced ambulances within its fleet and has identified a 1993 Ford Wheeled Coach ambulance which has passed its useful life as an emergency vehicle; and WHEREAS, The Oshkosh Red Cross has identified a need for a vehicle to respond to structure fires and other incidents for emergency responder support and relief efforts. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to dispose of the 1993 Ford Wheeled Coach Ambulance to the Oshkosh Red Cross pursuant to the attached Agreement and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh MEMORANDUM Of MOV H TO: Honorable Mayor and Members of the Common Council FROM: Tim Franz, Fire Chief Don La Fontaine, Purchasing Agent DATE: December 16, 2008 RE: Donation of Used Ambulance to Oshkosh Red Cross BACKGROUND Over the years, the Red Cross, with whom we work closely, has stated that if we ever had a used ambulance that was no longer viable for our use, they would be interested in obtaining it. The Red Cross would use this vehicle to respond to structure fires and other major incidents for emergency responder support, as well as tending to the needs of the folks affected by the incident. With the replacement of our ambulances this year, we have one unit left to dispose of, which is a 1993 and has more than passed its useful life as an emergency vehicle. It would still be useful for the less frequent use intended by the Red Cross. ANALYSIS The Purchasing Division is charged with disposal of surplus property and historically, used emergency vehicles do not garner significant trade -in or sale value. We believe that a greater value will be realized by the community from donating this vehicle to the Red Cross as opposed to the nominal funds generated by its sale. FISCAL IMPACT There was no specific revenue budgeted for the sale of this vehicle and therefore, there is no direct impact on the budget. The transfer agreement states that the vehicle shall be returned to the city when the Red Cross no longer has a use for it. Therefore, the city will eventually realize some revenue when the vehicle is discarded. This also assures that the vehicle will be kept for use in the city and not simply sold for the generation of funds. RECOMMENDATION We recommend that the City Council approve the donation of the 1993 surplus ambulance to the Red Cross for use in the public /private partnership of emergency and disaster response. Respectfully Sub itted, Timothy Franz Fire Chief Approved: Mark A. Rohloff City Manager +.« AGREEMENT FOR TRANSFER OFAMBULANCE, RELEASE AND HOLD HARMLESS This Release and Hold Harmless agreement is between the CITY OF OSHKOSH Fire Department, with its principal offices located at 101 Court Street, P.O. Box 1130, Oshkosh, WI 54903 -1130 (CITY) and the Oshkosh Red Cross, a charitable, federally tax - exempt organization, with its offices located at (Red Cross). WHEREAS, the City has available certain surplus equipment; and WHEREAS, such equipment has been used and maintained properly, any records of supply and maintenance available for Red Cross's inspection; and WHEREAS, Red Cross wishes to assume ownership of such equipment for use within the City of Oshkosh and surrounding Oshkosh area for emergency responder support and relief efforts; NOW, THEREFORE, the parties agree as follows: 1. The City shall donate to Red Cross, and Red Cross shall accept from the City: 1993 Ford Wheeled Coach Ambulance All equipment has been removed from the vehicle. 2. Red Cross shall immediately title the vehicle in its name and assumes full responsibility for transportation, storage and delivery of the item from the City's possession to its ultimate location, and the City shall have no obligation in this regard. 3. The City offers this item, and Red Cross agrees to accept this item "as is, where is and with all defects." The City makes no express or implied warranties or guarantees as to the condition, operability or intended purpose /use of this item. Red Cross has received all information, in its sole discretion, that it deems necessary and has been fully satisfied in this regard. Upon delivery to Red Cross, the City shall have no further obligation to Red Cross concerning this item. 4. Red Cross agrees to indemnify and hold the City (including its Directors, officers, employees, agents, shareholders, insurers, successors and assigns) harmless from and against any and all claims, demands, penalties, fines, causes of action, liabilities, settlements, damages, costs and expenses, including without limitation, attorneys' and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the acts or omissions of any employee, agent or designee of Red Cross in relation to the use of this item by Red Cross, including, but not limited to liability for: A. Any personal injury or bodily injury (including wrongful death) or property damage (real or personal); B. Any lawsuit brought or threatened, settlement reached, or local, state or federal government or agency order, including, but not limited to claims costs, liabilities, or expenses, arising under federal state or local law; C. Any violation of laws, orders, regulations, requirements, or demands of any governmental authorities; and D. Any breach or violation of any contractual provision of whatever kind with any third party. 5. In consideration of the donation of this item for its use, Red Cross agrees that if the item is no longer used within the City of Oshkosh and surrounding area that the item will be offered to the City of Oshkosh prior to any other disposal of the item by any other means. 6. The parties by their representative signatures believe, covenant and warrant that they have authority to sign this agreement on behalf of their respective agencies. Dated this day of , 200_. CITY OF OSHKOSH Mark A. Rohloff, City Manager Dated this day of , 200_. OSHKOSH RED CROSS , Executive Director Pamela R. Ubrig, City Clerk APPROVED AS TO FORM: Lynn A. Lorenson, City Attorney