HomeMy WebLinkAbout54-Fire Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the execution of an
agreement with the Public Safety Academy for the
donation of two (2) surplus fire apparatus.
Dept: Fire
Date:
June 24, 2009
MC/C Meeting Date:
July 6,2009
Synopsis of Previous Council Action:
RECOMMENDATION:
Adopt resolution.
JJ1wLJ -1. ~
Signature d
Contact Person: Michael J. Conrad, Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement
Ward: City Wide
FUNDING REQUIREMENTS:
Amount:
None
Finance:
Council Notes: /)
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Agenda Item No, 54
1-fl-oet
STAFF REPORT
SUBJECT
Resolution authorizing the execution of an agreement with the Public Safety Academy for the
donation of two (2) surplus fire apparatus.
BACKGROUND
The Fire Department received a request from the Michael E. Dickinson regarding the possible
donation of fire apparatus to the Public Safety Academy (attachment A). They are requesting a
donation of a fire engine and a fire truck to expand their educational opportunities for their
cadets.
Fire has two (2) fire apparatus that are scheduled for surplus. Through normal and continual use,
fire apparatus need to be replaced once their usefulness has been expended. Generally, apparatus
in this condition are auctioned and the proceeds placed into the City General Fund. The City has
the opportunity to donate these retired fire apparatus to the Public Safety Academy. The
following are the apparatus to be donated:
City Unit Number Year
Make
Vin#
Value
Fire Truck # 1
1982
American La France lAFJDll8IClA27620
Aerial Truck
$ 8,000
Medic Engine #7
1993
Seagrave Pumper
lF9EW28TXPCST2082
$12,500
These pieces of apparatus are valued at approximately $20,500. With transfer of titles for the fire
apparatus, the City of San Bernardino would remove themselves from liability. Insurance,
registration, and maintenance would be the responsibility of the Public Safety Academy.
FINANCIAL IMPACT
No financial impact. The possible revenue from auction of the fire apparatus would be
approximately $20,500 for both fire apparatus. The City upon donation of these vehicles will not
realize this revenue. Since this revenue was not anticipated in the budget, there will not be any
budget shortfall that would result from this donation.
RECOMMENDA nON
Adopt resolution.
1
/lttachment "/I"
Public Sifefy .Academy
1/irtus - 'F!tfeliias - Integnias
"Cape I}}iem "
Accredited by the Western Association of Schools and Colleges
1494 E. Art Townsend Drive
San Bernardino. CA 92408
Michael E. Dickinson - Chief Jeffery L. Breiten - Deputy Chief
CEO - Commanding Officer COO - Executive Officer
Michael Conrad - Fire Chief SBFD,
The Public Safety Academy (Academy) is an accredited, innovative school-operated and funded on the
belief that every child deserves a superior education. The mission of the Public Safety Academy is to
develop the cadet toward a career in public safety through a process of rigorous academics, realistic hands
on training, attitude development, fitness and strict discipline. We provide a quality education to the
children in San Bernardino and serve as a model for improving the educational standards for charter and
traditional public schools alike.
The Academy cares very deeply about the youth in San Bernardino and considers access to effective
public education as the foundation of responsible citizenship in ajust society. The Academy firmly
believes that:
o Every child has the potential to succeed in school and in life.
o Providing a public education alternative built on autonomy and accountability is especially
important in an educational climate with rising dropout rates
o Learning environments should foster curiosity, creativity and self-discipline while building skills
that transfer seamlessly to the world beyond graduation
While public education is a public responsibility, private support enables the Academy to achieve
superior academic results for all its students. As a charter school, we can operate without the many
regulations that constrict traditional public school districts, providing us the potential to be dramatically
more effective than typical public schools.
It with this fact we respectfully request a donation of one fire engine and one fire truck. The addition of
this equipment will greatly expand the educational opportunities our academy can offer our career-
minded cadets.
Wwhen we receive this apparatus we fully understand that it is our responsibility to:
o House the Apparatus in a safe place.
o Provide proper insurance for the Apparatus.
o Provide maintenance for the Apparatus on a regular schedule.
. Operate in full compliance to the law.
We look forward to continuing to provide a unique and life changing education for the youth of San
Bernardino with our strong and productive partnership with you
;:'IE~:':Z;?-< > .
.
tPlt6tic sqftty .JlcadCmy
1/irttlJ' - 'FldClittlJ" - Intedt7ttlJ"
"Cope {]}iem JI
Accredited by the Western Association of Schools and Colleges
1494 E. Art Townsend Drive
San Bernardinn. CA 92408
Michael E. Dickinson. Chief Jeffery L. Breiten - Deputy Chief
Commanding orncer Executive Officer
'....,,,...,,,.'.......,"''',.,,"'..~,.-..,.; ,~....,....", '.,i.;",.,'."'......_...,...;"-;~.~."'.<~<,'''".:,.,,''.,.(.,.......,.'.''"..-..,..".'''.~.,i..'~l.''..''..~'i'~''~'\''...'''"''',..,'....":'~ ,~.,,'_'h',>, .".,.-"w."...~!.,-..."...,
Chief Conrad,
I want to thank you for considering the donation of the fire equipment. With the addition of these
valuable training items we will be able to expose students from the City of San Bernardino to
training opportunities that they would not otherwise have.
This equipment will be used for training in our everyday classes, math, science, public safety,
EMS and of course fire science. This equipment will not be sold or donated at anytime to any
other group our agency.
Again I want to thank you for ensuring the continued success of our academy and the youth and
future stakeholder of our communities.
Michael E. Dickinson
CEO - Academy Chief
,~..... RECEIVED .
.
.... ~. I 6' 2009
I San Bernardino City Fire
1
RESOLUTION NO. 2009-
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If "
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U
2
3 RESOLUTION OF THE MAYOR AND 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 3.03.1 OO(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 Ciry 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 hand&-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 #1 a 1982
25 American La France Aerial Truck, VIN # IAFJDI18ICIA27620, 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 $20,500; and
28 WHEREAS, it is the finding of the Mayor and Common Council that the disposal of the
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
2 PUBLIC SAFETY ACADEMY FOR THE DONATION OF TWO (2) SURPLUS FIRE
APPARATUS.
3
4 Surplus Property to the Public Safety Academy under such terms and conditions as are hereinafter set
5 forth shall constitute the disposal of the Surplus Property for the common benefit; and,
6 WHEREAS, the Public Safety Academy has agreed that it will use the apparatus only for
7 training its students and will not sell, donate or otherwise dispose of the apparatus; and,
8 WHEREAS, the Public Safety Academy has further agreed to house the apparatus in a
9 safe place, provide proper maintenance on a regular schedule, maintain public liability insurance on
10 the apparatus with minimum limits of$I,OOO,OOO 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.
16 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 IAFJD1l8IC1A27620, and Medic Engine #7, a 1993 Seagrave Pumper, VIN #
20 1F9EW28TXPCST2082, 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 III
28 III
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S~'"
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
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
6 of
, 2009, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 BAXTER
10 BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
17
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this _ day of
,2009.
19
20
21
PATRICK J. MORRIS, Mayor
City of San Bernardino
22
Approved as to form:
23
JAMES F. PENMAN,
City Attorney
24
25
26
27
28
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 # IAFJDI18ICIA27620, 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 ofreceiving 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 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 1 of2
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
Page 2 of2
7/6/09"1 Item No. 54
Item History
Backup distributed on 6/15/09, Item No. 22
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the City of San Bernardino
to donate two (2) fire apparatus from surplus to
the Public Safety Academy.
Dept: Fire
Date:
June 2, 2009
MC/C Meeting Date:
June 15,2009
Synopsis of Previous Council Action:
RECOMMENDATION:
Adopt resolution.
~.~
Signature ~
Contact Person: Michael J. Conrad, Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report and Resolution
Ward: Citv Wide
FUNDING REQUIREMENTS:
Amount:
None
Finance:
Council Notes:
?YL. v'io", sly u II S- /Oq 1.# ~:2-
Agenda Item No._ f> 'I
7 /0( oq
STAFF REPORT
SUBJECT
Resolution authorizing the City of San Bernardino to donate two (2) fire apparatus from surplus
to the Public Safety Academy.
BACKGROUND
The Fire Department received a request from the Michael E. Dickinson regarding the possible
donation of fire apparatus to the Public Safety Academy (attachment A). They are requesting a
donation of a fire engine and a fire truck to expand their educational opportunities for their
cadets.
Fire has two (2) fire apparatus that are scheduled for surplus. Through normal and continual use,
fire apparatus need to be replaced once their usefulness has been expended. Generally, apparatus
in this condition are auctioned and the proceeds placed into the City General Fund. The City has
the opportunity to donate these retired fire apparatus to the Public Safety Academy. The
following are the apparatus to be donated:
City Unit Number Year
Make
Vin#
Value
Fire Truck #1
1982
American La France IAFJDI181C1A27620
Aerial Truck
$ 8,000
Medic Engine #7
1993
Seagrave Pumper
1 F9EW28TXPCST2082
$12,500
These pieces of apparatus are valued at approximately $20,500. With transfer of titles for the fire
apparatus, the City of San Bernardino would remove themselves from liability. Insurance,
registration, and maintenance would be the responsibility of the Public Safety Academy.
FINANCIAL IMPACT
No financial impact. The possible revenue from auction of the fire apparatus would be
approximately $20,500 for both fire apparatus. The City upon donation of these vehicles will not
realize this revenue. Since this revenue was not anticipated in the budget, there will not be any
budget shortfall that would result from this donation.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY TO DONATE TWO (2) FIRE
APPARATUS FROM SURPLUS TO THE PUBLIC SAFETY ACADEMY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, two (2) fire apparatus (VIN #IAFJD1l81CIA27620 and
VIN #IF9EW28TXPCST2082) have been deemed as surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor authorizes the City to donate the surplus fire
apparatus listed herein by the Mayor and Common Council to the Public Safety Academy
in San Bernardino, California.
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RESOLUTION OF THE MAYOR A1"'lD COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY TO DONATE TWO (2) FIRE
APPARATUS FROM SURPLUS TO THE PUBLIC SAFETY ACADEMY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
held on the
day of
, 2009, by the following vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
meeting thereof,
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN, City Attorney
By:
2
IIttachment "II"
Public sifety .Jlcademy
'f/t'rtus - 'FidClitas - Integntas
"Cape (/)iem"
Accredited by the Western Association of Schools and Colleges
1494 E. Art Townsend Drive
San Bernardino. CA 92408
Michael E. Dickinson - Chief Jeffery L. Breiten - Deputy Chief
CEO _ Commanding Officer COO - Executive Officer
,-, ,~, ,_""",~",,"~".~"i',~"''''i'.'',':O;'''~~',~ .',,,,,'- '".,~"'".,.' , ,;
Michael Conrad - Fire Chief SBFD,
The Public Safety Academy (Academy) is an accredited, innovative school-operated and funded on the
belief that every child deserves a superior education. The mission of the Public Safety Academy is to
develop the cadet toward a career in public safety through a process of rigorous academics, realistic hands
on training, attitude development, fitness and strict discipline. We provide a quality education to the
children in San Bernardino and serve as a model for improving the educational standards for charter and
traditional public schools alike.
The Academy cares very deeply about the youth in San Bernardino and considers access to effective
public education as the foundation of responsible citizenship in a just society. The Academy firmly
believes that:
. Every child has the potential to succeed in school and in life.
. Providing a public education alternative built on autonomy and accountability is especially
important in an educational climate with rising dropout rates
. Learning environments should foster curiosity, creativity and self-discipline while building skills
that transfer seamlessly to the world beyond graduation
While public education is a public responsibility, private support enables the Academy to achieve
superior academic results for all its students. As a charter school, we can operate without the many
regulations that constrict traditional public school districts, providing us the potential to be dramatically
more effective than typical public schools.
It with this fact we respectfully request a donation of one fire engine and one fire truck. The addition of
this equipment will greatly expand the educational opportunities our academy can offer our career-
minded cadets.
IfIwhen we receive this apparatus we fully understand that it is our responsibility to:
. House the Apparatus in a safe place.
. Provide proper insurance for the Apparatus.
. Provide maintenance for the Apparatus on a regular schedule.
. Operate in full compliance to the law.
We look forward to continuing to provide a unique and life changing education for the youth of San
Bernardino with our strong and productive partnership with you
-- ~
........... - ~
-'
on, CEO