Resolution 13677CITY OF ALAMEDA RESOLUTION NO. 13 6 7 7
AUTHORIZING THE DONATION OF OUT OF SERVICE
ALAMEDA FIRE ENGINES TO CHABOT AND COLUMBIA JUNIOR COLLEGES
FOR EDUCATIONAL PURPOSES
WHEREAS, the City of Alameda has two old fire engines which it no longer
needs or uses, a 1968 Mack and a 1972 Seagrave, and
WHEREAS, the
o fire engines could be used for training purposes; and
WHEREAS, the City of Alameda obtains some of its fire recruits from both
Chabot College and Columbia College, both of which have fire training, programs; and
WHEREAS, both Chabot College and Colombia College are open to enrollment
for citizens of Alameda; and
WHEREAS, the City Council of the City of Alameda would like to increase the
educational opportunities for its citizens at the various community colleges in Northern
California' as well as insure that the fire-training programs from which the City recruits
have well - trained recruits.
NOW, THEREFORE, BE IT
Alameda that:
SOLVED by the City Council of the City of
Section 1. The City Council authorizes the donation of two old fire engines, one
each to Chabot College and Columbia College, pursuant to the Acceptance of Donation
attached as Exhibit A and B.
Section 2. Based on the recitals above, the City Council finds that the donation
of the fire engines will provide a public benefit to the citizens of Alameda by providing
educational opportunities that will be available to citizens of Alameda and by insuring
that there will be well - trained firefighters to serve the City of Alameda.
ACCEPTANCE OF DONATION
On this day of November, 2003, the Chabot College ( "College "), a community
college within the Chabot -Las Positas Community College District, hereby accepts the
donation of one (1) fire engine more specifically described in Exhibit "A" attached hereto
and incorporated herein by reference, from the City of Alameda ( "City ").
In accepting this donation, College hereby acknowledges that it is taking the fire engine
in an "AS -IS" condition and that Alameda disclaims any implied warranty of condition,
merchantability or fitness for any particular purpose. The fire engine described in Exhibit
"A" is transferred without warranty of any kind and Seller makes no warranty as to its
usability generally or as to its fitness for any particular purpose.
College hereby agrees to hold harmless, defend, and indemnify City (which includes the
City of Alameda, its City Council, their Boards and Commissions, officers and
employees) from any and all liability, claims, demands, damages, expenses, and causes
of action whatsoever arising out of or related to any loss, damage, or injury, including
death, that may be sustained by any person or property (including College or any of
College's employees or students), whether caused by the negligence of the City or
otherwise, arising out of or connected with fire engine, including but not limited to the
sale, delivery, removal, relocation, possession, use or misuse of the fire engine.
College, for and on behalf of itself, and its officers, employees, agents, students and
volunteers, does fully and forever remise, release and discharge City, its officers,
employees and agents of and from any injury and harm, including death or damage to
any property, however caused, relating to College's use of the fire engine, whether
caused by the negligence of the City or otherwise.
In signing this Acceptance of Donation, College hereby represents that the person
signing this Acceptance has the authority to make the acknowledgments and bind the
College to the hold harmless, defense and indemnification provision above.
IN WITNESS WHEREOF, the parties have caused this Acceptance of Donation to be
executed on the day and year first written above.
CHABOT COLLEGE
By:
Title: Vice Chancellor, Business Services
EXHIBIT A
Page 1 of 2
ACCEPTANCE OF DONATION
Exhibit "A"
One 1972 Seagrave Fire Engine
VIN #20108104
Page 2 of 2
ACCEPTANCE OF DONATION
On this 9th day of August, 2003, the Columbia College ("College"), a
community college within the Yosemite Community College District, hereby accepts the
donation of one (1) fire engine more specifically described in Exhibit "A" attached hereto
and incorporated herein by reference, from the City of Alameda ("City"), subject to the
conditions set forth herein.
In accepting this donation, College hereby acknowledges that it is taking the fire
engine in an "AS-IS" condition and that Alameda disclaims any implied warranty of
condition, merchantability or fitness for any particular purpose. The fire engine described
in Exhibit A is transferred without warranty of any kind and Seller makes no warranty as
to its usability generally or as to its fitness for any particular purpose.
College hereby agrees to hold harmless, defend, and indemnify City (which includes
the City of Alameda, its City Council, their Boards and Commissions, officers and
employees) from any and all liability, claims, demands, damages, expenses, and causes
of action whatsoever arising out of or related to any loss, damage, or injury, including
death, that may be sustained by any person or property (including College or any of
College's employees or students) whether caused by the negligence of the City or
otherwise, arising out of or connected with the fire engine, including but not limited to the
sale, delivery, removal, relocation, possession, use or misuse of the fire engine.
College for and on behalf of itself, and its officers, employees, agents, students and
volunteers, does fully and forever remise, release and discharge City, its officers,
employees and agents of and from any injury and harm, including death or damage to any
property, however caused, relating to College's use of the fire engine, whether caused by
the negligence of the City or otherwise.
In signing this Acceptance of Donation, College hereby represents that the person
signing this Acceptance it has the authority to make the acknowledgments and bind the
College to the hold harmless, defense and indemnification provision above.
IN WITNESS WHEREOF, the parties have caused this Acceptance of Donation to
be executed on the day and year first written above.
COLUMBIA COLLEGE
By.
Teresa M. Scott
For Fiscal Services
EXHIBIT B
ACCEPTANCE OF DONATION
Exhibit "A"
One 1968 CF Mack Fire Engine
VIN # CF719F210000
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th
day of January, 2004, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Kerr, and Matarrese - 4.
NOES: None.
ABSENT: Mayor Johnson —1
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
21st day of January, 2004.
Lara Weisiger, City C
City of Alameda