HomeMy WebLinkAboutC-10053-1 - Radio Pocket Donation AgreementRADIO POCKET DONATION AGREEMENT
This DONATION AGREEMENT ("Agreement") is made this 1st day of August,
2025, by and between the Newport Beach Fire Department Foundation ("Foundation")
and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"). It is agreed by and between the parties as follows:
1. Foundation agrees to donate at no cost or expense to City, and City agrees to accept,
the following described property ("Property")
Seventy Two (72) Lion Self Contained Breathing Apparatus (SCBA) Radio
Pockets, valued at approximately Thirteen Thousand Five Hundred Two
Dollars and 16/100 Dollars ($13,502.16), and
Associated Labor Costs to remove old SCBA pocket and install new pocket on
existing City issued turnout jackets, valued at approximately Three Thousand
Five Hundred Twenty Eight Dollars ($3,528.00), as reflected on the invoice
attached hereto as Exhibit "A" and incorporated herein by this reference.
2. The donated Property will be used only by City staff in the Fire Department. The SCBA
Radio Pockets are intended to properly house a second handheld radio unit now
required as part of a regional change in radio operating procedures.
3. Foundation shall deliver the Property to City at a mutually agreed location beginning
August 15, 2025, or at a time and date mutually agreed between the parties, at
Foundation's sole cost and expense. Upon acceptance of the Property by City, all
rights, title and interest in the Property shall transfer to the City.
4. Said Property is donated in "new, unused" condition and the Foundation disclaims any
warranty of merchantability or working order or condition of the Property except that
they shall be donated in their present condition. Foundation has not made any other
representations or warranties, implied or express, relating to the condition of the
Property.
5. The parties agree that the Foundation will be released of all liability resulting from the
use, maintenance, storage or possession of the Property effective upon the date of
delivery by Foundation and acceptance by City.
6. Foundation warrants that it has the right to convey good title to the Property free of
any encumbrance, lien, or claim of any third person or entity.
7. City makes no representations regarding whether Foundation may claim a tax
deduction in connection with the donation. Foundation is advised to consult with a
qualified tax professional in connection therewith.
8. The parties agree to execute and deliver such further documents and instruments and
take and do any and all further acts as may be required for carrying out the intent and
purpose of this Agreement.
SCBA Radio Pocket Donation Agreement Page 1
9. This Agreement shall be binding and inure to the benefit of the parties, their
successors, assigns and personal representatives. This Agreement represents the full
and complete understanding of every kind or nature whatsoever between the parties
hereto, and all preliminary negotiations and agreements of whatsoever kind or nature
are merged herein. No verbal agreement or implied covenant shall be held to vary
the provisions herein. In the event there are any conflicts or inconsistencies between
this Agreement and any attachments hereto, the terms of this Agreement shall govern.
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect. The laws of the State of California
shall govern this Agreement and all matters relating to it and any action brought
relating to this Agreement shall be adjudicated in a court of competent jurisdiction in
the County of Orange, State of California. In the event of any dispute or legal action
arising under this Agreement, the prevailing party shall not be entitled to attorneys'
fees. This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one (1) and the
same instrument.
[SIGNATURES ON NEXT PAGE]
SCBA Radio Pocket Donation Agreement Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:�� �S
By:il
Aa on C. Harp 05
City Attorney
ATTEST:
Date: IZ13Z 2Dv2C
I f
By:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation and
charter city
Date: /Z--?ZZ�2f
By:
Grace K. Le g
City Manager
DONOR: Newport Beach Fire Department
Chief Executive Officer
Date:
By: Signed in Counterpart
Marc Ackerman
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Invoice
SCBA Radio Pocket Donation Agreement Page 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '6
By: t 11 s Itz
Aa on C. Harp �aS
City Attorney
ATTEST:
Date:
Molly Perry
Interim City Clerk
Attachments
CITY OF NEWPORT BEACH,
A California municipal corporation and
charter city
Date:
By:
Grace K. Leung
City Manager
DONOR: Newport Beach Fire Department
Foundation
Date:__
By:
Brian Bowis
Chief Executive Officer
Date:
Marc Ackerman
Secretary
[END OF SIGNATURES]
Exhibit A — Invoice
Page 3
EXHIBIT A
INVOICE
SCBA Radio Pocket Donation Agreement Page A-1
ESTIMATE
California PPE Recon Inc
6120 Wildemess Ave
Riverside, CA 92504
Bill to
Newport Beach FD
100 Civic Center Drive
BAY 2 B
Newport Beach, ca 92660
United States
Estimate details
Estimate no.: 1486
Estimate date: 05/14/2025
0 Product or service
1. Gear Alterations
2. Labor
� I PP
mike@califomia-ppe.com 6
+1 (951) 398-8115 SMALL BUSINESS(MICRO) CERTIFICATION ID; 2031842
Description
Lion SCBA Pocket with Radio
-OCFA Spec. PSGQ30427-A
Labor Cost to remove old SCBA pocket
and put new OCFA spec pocket on
Accepted date Accepted by
Ship to
Newport Beach FD
100 Civic Center Drive
BAY 2 B
Newport Beach, ca 92660
United States
Qty Rate Amount
72 $187.53 $13,502.16
72 $49.00 $3,528.00
Total $17,030.16