HomeMy WebLinkAbout2009-261
1
RESOLUTION NO. 2009- 261
2
3 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
4 THE PUBLIC SAFETY ACADEMY FOR THE DONATION OF TWO (2) SURPLUS FIRE
APPARATUS.
5
6 WHEREAS, pursuant to Section 40(a) of the Charter of the City of San Bernardino, the
7 Mayor and Common Council are vested with the power to dispose of the personal property of the City
8 "for the common benefit"; and
9 WHEREAS, although through adoption of San Bernardino Municipal Code Section
10 3.03.100(A), the Mayor and Common Council have placed limitations on the actions of the purchasing
11 agent and the City Manager or his designee with respect to disposal of the personal property of the
12 City, it was not the intent of the Mayor and Common Council that by so doing they would thereby
13 impose a limitation on the authority of the Mayor and Common Council to take action pursuant to the
14 power vested in them by Charter S 40(a) to dispose of the City's personal property "for the common
15 benefit"; and
16 WHEREAS, the Public Safety Academy has requested a donation of one fire engine and
17 one fire truck; and
18 WHEREAS, it is the finding of the Mayor and Common Council that the Public Safety
19 Academy is an accredited, innovative school operated in the City of San Bernardino for the benefit of
20 the youth of the City of San Bernardino; that the academy is operated on the belief that every child
21 deserves a superior education; that the mission of the Public Safety Academy is to develop the cadet
22 toward a career in public safety through a process of rigorous academics, realistic hands-on training,
23 attitude development, fitness and strict discipline; and
24 WHEREAS, it is the finding of the Mayor and Common Council that Fire Truck # I a 1982
25 American La France Aerial Truck, VIN # 1AFJDI18IC1A27620, and Medic Engine #7, a 1993
26 Seagrave Pumper, VIN # IF9EW28TXPCST2082, (together the "Surplus Property") are surplus
27 personal property of the City of San Bernardino with a combined estimated value of $20,500; and
28 WHEREAS, it is the finding of the Mayor and Common Council that the disposal of the
2009-261
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 PUBLIC SAFETY ACADEMY FOR THE DONATION OF TWO (2) SURPLUS FIRE
APPARATUS.
3
4 Surplus Property to the Public Safety Academy under such terms and conditions as are hereinafter set
5 forth shall constitute the disposal of the Surplus Property for the common benefit; and,
6 WHEREAS, the Public Safety Academy has agreed that it will use the apparatus only for
7 training its students and will not sell, donate or otherwise dispose of the apparatus; and,
8 WHEREAS, the Public Safety Academy has further agreed to house the apparatus in a
9 safe place, provide proper maintenance on a regular schedule, maintain public liability insurance on
10 the apparatus with minimum limits of $1 ,000,000 per occurrence, and operate the apparatus in full
11 compliance with the law.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1. The facts set forth in the recitals to this Resolution are accurate and
15 complete in all respects and are hereby incorporated herein.
l6 SECTION 2. That the Mayor and Common Council do hereby donate to the Public
17 Safety Academy in San Bernardino, California, on the terms set forth above, the following surplus
18 fire apparatus:
Fire Truck #1 a 1982 American La France Aerial Truck, VIN #
19 IAFJD1181CIA27620, and Medic Engine #7, a 1993 Seagrave Pumper, VIN #
20 IF9EW28TXPCST2082, subject to the terms set forth in the Agreement between the City of San
21 Bernardino and the Public Safety Academy, a copy of which is attached hereto and incorporated herein
22 as Exhibit "A."
23 SECTION 3. The City Manager of the City of San Bernardino is hereby authorized to
24 execute on behalf of the City an Agreement between the City of San Bernardino and the Public Safety
25 Academy, a copy of which is attached hereto and incorporated herein as Exhibit "A."
26 III
27 1/1
28 11/
2009-261
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY TO DONATE TWO (2) FIRE APPARATUS
2 FROM SURPLUS TO THE PUBLIC SAFETY ACADEMY.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a re,>ular meeting thereof, held on the -Lday
6 of July
, 2009, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES
8 ESTRADA ----.JL
9 BAXTER X
10 BRINKER X
11 SHORETT X
12 KELLEY X
13 JOHNSON X
14 MC CAMMACK X
l5
16
NAYS
ABSTAIN ABSENT
17
(]~h.~
Rac'lrel Clark, City Clerk
~
The foregoing Resolution is hereby approved this 1) day of
l111y
,2009.
18
19
20
~J.M~ayor
City of San Bernardino
21
22
Approved as to form:
23
JAMES F. PENMAN,
City Attorney
24
25
26
27
28
2009-261
EXHIBII' "A"
AGREEMENT
BETWEEN CITY OF SAN BERNARDINO
and
PUBLIC SAFETY ACADEMY
The City of San Bernardino ("City") hereby donates and the Public Safety Academy
("PSA"), a charter school in the City of San Bernardino, accepts, Fire Truck #1 a 1982 American
La France Aerial Truck, VIN # lAF1D1181CIA27620, and Medic Engine #7, a 1993 Seagrave
Pumper, VIN # IF9EW28TXPCST2082 ("the Apparatus"), on the following terms and
conditions:
I. The Apparatus shall be used only for the training ofPSA's students.
2. The Apparatus shall be used exclusively by PSA, and shall not be sold, donated or
otherwise transferred to any other group or agency.
3. PSA shall house the Apparatus in a safe and secure place.
4. PSA shall provide maintenance of the Apparatus on a regular schedule, as
instructed by the City's Fire Department.
5. PSA shall register the transfer of ownership of the Apparatus with the California
Department of Motor Vehicles ("DMV") within five (5) days of receiving the Apparatus. PSA
shall not permit anyone to operate the Apparatus prior to registering it with the DMV.
6. PSA shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the minimum amount of $1 ,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to delivery of the Apparatus under this Agreement. CITY shall be
set forth as an additional named insured in each policy of insurance provided hereunder. The
Certificate of Insurance furnished to the CITY shall require the insurer to notifY CITY at least 30
days prior to any change in or termination of the policy.
7. PSA agrees to and shall indemnifY and hold the City, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or omission ofPSA, its employees, agents, or
subcontractors, relating to or in any way connected with the Apparatus transferred under this
Agreement. As part ofthe foregoing indemnity, PSA agrees to protect and defend at its own
expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. PSA hereby waives any and all rights to any types of express or implied indemnity
against the City, its elected officials, employees, agents or representatives, with respect to third
Page I of2
EXHIBIT. -"A"
2009-261
party claims against the PSA relating to or in any way connected with the Apparatus transferred
under this Agreement.
8. PSA shall operate, or permit the operation of, the Apparatus only in full
compliance with the law.
9. All notices as may be given by either party to the other shall be made in writing
and shall be deemed effective when deposited in the United States mail, certified with postage
prepaid and addressed as herein provided.
NOTICE TO SBPD:
NOTICE TO PSA:
City of San Bernardino Police Department
Attn: ChiefofPolice
710 North "D" Street
San Bernardino, CA 92401
Public Safety Academy
Attn: Chief
1494 E. Townsend Drive
San Bernardino, CA 92408
10. The City makes no warranties regarding the condition of the Apparatus or its
fitness for any particular use, and PSA accepts the Apparatus "as is."
AGREED TO THIS DAY OF
, 2009.
FOR THE CITY OF
SA ERNARDINO
FOR THE PUBLIC SAFETY ACADEMY
~~~~
Michael E. Dickinson, CEO
Approved as to Form:
JAMES F. PENMAN, City Attorney
Page 2 of2
.'
EXHIBIT "A"
AGREEMENT
BETWEEN CITY OF SAN BERNARDINO
and
PUBLIC SAFETY ACADEMY
The City of San Bernardino ("City") hereby donates and the Public Safety Academy
("PSA"), a charter school in the City of San Bernardino, accepts, Fire Truck # I a 1982 American
La France Aerial Truck, VIN # 1AFJDI18ICIA27620, and Medic Engine #7, a 1993 Seagrave
Pumper, VIN # IF9EW28TXPCST2082 ("the Apparatus"), on the following terms and
conditions:
1. The Apparatus shall be used only for the training ofPSA's students.
2. The Apparatus shall be used exclusively by PSA, and shall not be sold, donated or
otherwise transferred to any other group or agency.
3. PSA shall house the Apparatus in a safe and secure place.
4. PSA shall provide maintenance of the Apparatus on a regular schedule, as
instructed by the City's Fire Department.
5. PSA shall register the transfer of ownership ofthe Apparatus with the California
Department of Motor Vehicles ("DMV") within five (5) days of receiving the Apparatus. PSA
shall not permit anyone to operate the Apparatus prior to registering it with the DMV.
6. PSA shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the minimum amount of $1 ,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to delivery ofthe Apparatus under this Agreement. CITY shall be
set forth as an additional named insured in each policy of insurance provided hereunder. The
Certificate of Insurance furnished to the CITY shall require the insurer to notifY CITY at least 30
days prior to any change in or termination of the policy.
7. PSA agrees to and shall indemnifY and hold the City, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or omission of PSA, its employees, agents, or
subcontractors, relating to or in any way connected with the Apparatus transferred under this
Agreement. As part of the foregoing indemnity, PSA agrees to protect and defend at its own
expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. PSA hereby waives any and all rights to any types of express or implied indemnity
against the City, its elected officials, employees, agents or representatives, with respect to third
Page I of2
EXHIBIT "A"
party claims against the PSA relating to or in any way connected with the Apparatus transferred
under this Agreement.
8. PSA shall operate, or permit the operation of, the Apparatus only in full
compliance with the law.
9. All notices as may be given by either party to the other shall be made in writing
and shall be deemed effective when deposited in the United States mail, certified with postage
prepaid and addressed as herein provided.
NOTICE TO SBPD:
NOTICE TO PSA:
City of San Bernardino Police Department
Attn: Chief of Police
710 North "D" Street
San Bernardino, CA 92401
Public Safety Academy
Attn: Chief
1494 E. Townsend Drive
San Bernardino, CA 92408
10. The City makes no warranties regarding the condition of the Apparatus or its
fitness for any particular use, and PSA accepts the Apparatus "as is."
AGREED TO THIS DAY OF
, 2009.
FOR THE CITY OF
SAN BERNARDINO
FOR THE PUBLIC SAFETY ACADEMY
Charles McNeely, City Manager
Michael E. Dickinson, CEO
Approved as to Form:
JAMES F. PENMAN, City Attorney
By:
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