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Home My WebLink AboutAGMT - Los Alamitos Unified School District (Donation Big Belly Compactor)http: / /www.agendaon Iine.net/Secare /Meeting /Reports /AgendaIteinRe... Regular Board of Education Meeting June 20, 2017 4:00 PM Los Alamitos Unified School District District Office Board Room 10293 Bloomfield Street Los Alamitos, CA 90720 Agenda Item: APPROVAL OF CONTRACT WITH THE CITY OF SEAL BEACH FOR THE DONATION OF A SOLAR TRASH COMPACTOR (`BIGBELLY ") TO BE PLACED AT MCGAUGH ELEMENTARY SCHOOL Rationale: Who: City of Seal Beach What: Donation of a solar trash compactor Where: McGaugh Elementary School When: June 21, 2017 through the useful life of the Bigbelly Why: The City of Seal Beach would like to donate a Bigbelly trash compactor to promote recycling and reduce solid waste. Cost: No cost to the District. Quick Summary / Abstract: Approval of contract with the City of Seal Beach for the donation of a solar trash compactor ('Bigbelly') to be placed at McGaugh Elementary School. Recommended Motion: Approval of contract with the City of Seal Beach for the donation of a solar trash compactor (Bigbelly ") to be placed at McGaugh Elementary School. Iofl 6/13/17. I:44 PM LOS ALAMITOS UNIFIED SCHOOL DISTRICT June 20, 2017 APPROVAL OF CONTRACT WITH THE CITY OF SEAL BEACH FOR THE DONATION OF A SOLAR TRASH COMPACTOR (`BIGBELLY ") TO BE PLACED AT MCGAUGH ELEMENTARY SCHOOL Approval of contract with the City of Seal Beach for the donation of a solar trash compactor ( "Bigbelly ") to be placed at McGaugh Elementary School. Who: City of Seal Beach What: Donation of a solar trash compactor Where: McGaugh Elementary School When: June 21, 2017 through the useful life of the Bigbelly Why: The City of Seal Beach would like to donate a Bigbelly trash compactor to promote recycling and reduce solid waste. Cost: No cost to the District. RECOMMENDED BOARD ACTION: Approval of contract with the City of Seal Beach for the donation of a solar trash compactor (`Bigbelly ") to be placed at McGaugh Elementary School. AN AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT (LAUSD) FOR THE DONATION OF A SOLAR TRASH COMPACTOR ( "BIGBELLY ") TO BE PLACED AT MCGAUGH ELEMENTARY SCHOOL IN THE CITY OF SEAL BEACH This donation agreement ( "Agreement ") is entered into this:91 day of L& AZ , 2017, by and between the City of Seal Beach, a California charter city ( "City ") and the Los Alamitos Unified School District (LAUSD). RECITALS A. McGaugh Elementary School is located in Seal Beach and is a five -time honoree as a California Distinguished School for their high levels of academic achievement, rigorous curriculum, and commitment to providing students with a world - class education that is enriched by the Arts and technology. B. To promote recycling and reduce solid waste at local landfills, the City desires to donate the BigBelly, to LAUSD, free of charge. In accordance with this Agreement, the BigBelly will be placed in McGaugh Elementary School in the City of Seal Beach. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties to this Agreement hereby mutually agree as follows: Section 1. Assignment. City hereby donates, transfers and assigns to LAUSD, free of charge, all rights, title, and interest in the BigBelly. Section 2. Acceptance. LAUSD hereby accepts the donation of the BigBelly upon its delivery to LAUSD, pursuant to Government Code Section 37354. Section 3. City's Responsibilities. LAUSD gratefully accepts the donation of the BigBelly and agrees to the following responsibilities regarding the BigBelly: A. City shall install the BigBelly in McGaugh Elementary School, where the BigBelly shall remain for the reasonable life of the BigBelly, except for any necessary off -site repairs and maintenance or as otherwise stated herein. B. City may provide maintenance and care for the Big Belly when necessary and if funds are available. C. LAUSD shall not sell the BigBelly to any person or entity. Section 4. Ownership Rights. City acknowledges LAUSD's exclusive rights in the BigBelly and that LAUSD is and shall remain the owner of the BigBelly upon the delivery of the BigBelly to McGaugh Elementary School. LAUSD agrees that City retains no right, title, or interest in or to the BigBelly upon delivery of the BigBelly to McGaugh Elementary School. City waives all claim of and to ownership of any rights in the BigBelly and agrees that City shall not at any time dispute or contest LAUSD's ownership of the BigBelly, LAUSD's exclusive right and title to the BigBelly, and LAUSD's right to use the BigBelly, nor shall City assist others in doing so. Section 5. Removal or Relocation of BigBelly. If LAUSD determines that the BigBelly no longer functions safely, LAUSD may remove the BigBelly without consulting City. In the event LAUSD determines that it needs to relocate the BigBelly to another location, LAUSD shall consult in good faith with City regarding the alternative location. Section 6. Representation and Warranty. City represents and warrants to LAUSD that, to the best of City's knowledge, City is the lawful owner of the BigBelly and that City is not aware of any claim or controversy as to City's right, title, and interest to the BigBelly and that City has the legal authority to transfer title of the BigBelly to LAUSD. City further represents and warrants that the BigBelly is free of material defect. Section 7. Cooperation. City shall cooperate fully and in good faith with LAUSD for the purpose of securing, preserving, and protecting LAUSD's rights in and to the BigBelly. City shall cooperate with LAUSD, by providing to LAUSD any information or knowledge City may have regarding the BigBelly, if LAUSD ever needs to defend any and all claims relating to the ownership of the BigBelly. Section 8. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to the BigBelly, and supersedes all previous negotiations and agreements, oral or written, regarding the BigBelly. There are no other representations, warranties, promises, covenants or understandings other than those contained in this Agreement. Section 9. Modifications. This Agreement may be amended or terminated only by a written instrument signed by both of the parties to this Agreement. Section 10. Third Parties. LAUSD shall not be obligated or liable under this Agreement to any third parties under this Agreement. Section 11. Notices. Any notice required by this Agreement shall be made in writing and deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or such other addresses as the parties may, from time to time, designate in writing: If to City: City of Seal Beach 211 81h Street Seal Beach, California 90740 Attention: Jill Ingram, City Manager If to LAUSD: Los Alamitos Unified School District 10293 Bloomfield Street Los Alamitos, CA 90720 Attn: Patricia L. Meyer, Deputy Superintendent Section 12. No Agency or Joint Venture. The parties understand and agree that this Agreement does not make them an agent or legal representative of each other for any purpose, and that no partnership or joint venture is intended to be created by this Agreement. No party is granted, by this Agreement or otherwise, any right or authority to assume or create any obligation or responsibility on behalf of or in the name of the other party to this Agreement, or to bind the other party hereto in any manner whatsoever. Section 13. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California. Section 14. Authority. Each party hereto represents and warrants that its execution, delivery and performance of this Agreement has been duly and validly authorized, and that this Agreement is binding upon and enforceable against such party in accordance with the terms of this Agreement. Section 15. Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. [Signatures begin next page] IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused this Agreement to be signed in its name by a duly authorized officer or representative thereof. CITY OF SEAL BEACH 4 J LL INGRAM a City Attorney LAUSD Patricia MeyUr Deputy Superintendent I, 7/6/2017 Law section Q,�, eez & l �YIiZC( df �� LEGISLATIVE INFORMATION Home Bill Information I California Law I Publications I Other Resources I My Subscriptions I My Favorites Code: (Select Code • section: Search << Previous Next >> cross- reference chaotered bills PDF I Add To—MY—Favorites Highlight GOVERNMENT CODE - GOV TITLE 4. GOVERNMENT OF CITIES [34000 .45345] ( Title 4 added by Slats. 1949, Ch. 79.) DIVISION 3. OFFICERS [36501 - 418051 ( Division 3 added by Slats. 1949, Ch. 79.) PART 2. LEGISLATIVE BODY [36801 - 40592] ( Part 2 added by Stats. 1949, Ch. 79. ) CHAPTER 5. City Property 137350 - 37685] ( Chapter 5 added by Slats. 1949, Ch. 79. ) ARTICLE 1. General [37350 - 373641 ( Article 1 added by Stats. 1949, Ch. 79. ) 37354. The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose. It may hold and dispose of the property and the income and increase from the property for such uses as are prescribed in the terms of the gift, bequest, or devise. I (Added by Stats. 1949, Ch. 79.) https : / /Ieginfo.logislature.ca.gov/ faces / codes_ display5ection .xhtml7sectionNum = 37354 &IawCode =GOV 1/t