HomeMy WebLinkAboutSan Bernardino, County of; 2006-07-14;AGREEMENT FOR EXCHANGE OF SURPLUS FIRE ENGINE
FOR DRIVER SAFETY TRAINING CLASSES
This Agreement is entered this '7 day of \J2du . 2006 ("Effective Date"), by and
between the City of Carlsbad, located at 1200 Carlsbad Village Drive, in Carlsbad, California
92008 ("the City"), and the County of San Bernardino, located at 385 N. Arrowhead Ave, in San
Bernardino, California 92415 ("the County")
RECITALS
WHEREAS, the City owns a 1986 Grumman /Duplex Pumper Fire Engine with a Vehicle
Identification Number of 1D91D31F3G1008624, which is valued at approximately $9,600, and is
surplus to the needs of the City ("Surplus Fire Engine");
WHEREAS, Chapter 3.29 of the City's Municipal Code authorizes the City's Purchasing
Officer to dispose of surplus items by exchange or trade;
WHEREAS, the County's Sheriff's Department, through its Emergency Vehicle
Operations Center (EVOC), offers driver training courses tailored to the needs of public safety
personnel, including firefighting personnel;
WHEREAS, the City utilizes the EVOC as a resource for training its sworn firefighting
personnel on safe and effective driving techniques.
WHEREAS, the County's Sheriff's Department needs a fire engine to enhance its
training course for firefighting personnel; and
WHEREAS, the parties desires to exchange the Surplus Fire Engine for its equivalent
value in training courses;
NOW, THEREFORE, in consideration of these recitals and for other good and valuable
consideration, the parties agree as follows:
1. City transfers to County all rights, title and ownership in the Surplus Fire Engine.
2. County is responsible for transporting the Surplus Fire Engine from the City's
facility at 2480 Impala Drive, Carlsbad CA to the County's facilities at its own expense. If the
County has not removed the Surplus Fire Engine from the City's facility within sixty (60) days
after the Effective Date of this contract, County will pay the City storage fees at the daily rate of
ten dollars ($10.00) until the Surplus Fire Engine is removed.
3. County is responsible for preparing and submitting any documentation required
by the California Department of Motor Vehicles or other government agency to effectuate the
transfer and City will cooperate with County in this endeavor. Any fees or expenses associated
with the transfer will be borne solely by the County.
4. County will provide basic "Fire Update" training to forty-eight (48) of the City's
firefighting personnel over a three (3) year period.
Page 1 of 3
5. City will redeem the courses within three (3) years from the Effective Date above,
in increments of four (4) personnel at a time. If fewer than forty-eight (48) personnel are trained
at the end of the three (3) year period, through no fault of the Emergency Vehicle Operations
Center (E.V.O.C.), all of the remaining training slots will be forfeited. After completion of each
course, County will provide each City course participant with a certificate documenting the type
of training and the number of training hours.
6. The City has provided County with an information sheet disclosing the known
condition of the Surplus Fire Engine and the County has been given an opportunity to inspect
the Surplus Fire Engine prior to entering into this Agreement.
7. THE SURPLUS FIRE ENGINE IS BEING SOLD "AS IS" WITH ALL FAULTS,
LATENT AND PATENT. THE CITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS
TO THE NATURE, QUALITY OR CONDITION OF THE SURPLUS FIRE ENGINE, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
8. Title to the Surplus Fire Engine vests in the County and risk of loss or damage to
the Surplus Fire Engine passes to the County upon the Effective Date above.
9. The County agrees to indemnify, defend, and hold the City harmless from and
against any and all claims, liabilities, demands, suits, judgments,- damages, fines, penalties, and
any associated costs and expenses, including attorney's fees and costs, which may be asserted
against City because County's transportation, ownership, storage, use, disposal or other activity
relating to the Surplus Fire Engine.
10. This Agreement sets forth the entire understanding of the parties and supersedes
all prior agreements and understandings relating to the subject matter of it. The right to require
additional terms and conditions as applicable.
11. This Agreement is to be construed and interpreted according to the laws of the
State of California and any action or proceeding arising out of this Agreement shall be brought
in a state or federal court in San Diego County, California.
[Remainder of page intentionally left blank]
Page 2 of 3
12. The individuals executing this Agreement and the instruments referenced in it on
behalf of the City and the County each represent and warrant that they have the legal power,
right and actual authority to bind their respective agencies to the terms and conditions of this
Agreement.
ACCEPTED AND AGREED:
COUNTY OF SAN BERNARDINO:
Name: Bill Postmus
Title: Chairman. Board of Supervisors
Date. AUG 0 1 Z006
SIGNED AN
THIS DOC,
TO THE
DENA
Clerk (Mine
of the flou
By.
CITY:
City Manager
ATTEST:
APPROVED AS TO
Ronald FLBall, City Attorney
Deputy City Attorney
Page 3 of 3
Rev 07/97
FROM:
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
August 1, 2006
GARY PENROD, Sheriff-Coroner
Sheriff's Department
SUBJECT: CONTRACT WITH THE CITY OF CARLSBAD FOR THE DONATION OF FIRE
ENGINE IN EXCHANGE FOR BASIC FIRE UPDATE TRAINING
RECOMMENDATION: Approve Agreement No. 06-813 with the City of Carlsbad for the
Sheriff's Department to provide Basic Fire Update training in exchange for the donation of a 1986
Grumman/Duplex Pumper Fire Engine (VIN 1D91D31F3G1008624), valued at approximately
$9,600, for the contract term of August 1, 2006 through July 31, 2009.
BACKGROUND INFORMATION: The Sheriffs Department, through Emergency Vehicle
Operations Center (EVOC) at the Frank Bland Regional Training Center, provides Basic Fire
Update training to various fire-fighting agencies throughout Southern California. The class
includes driver training for those engineers new to driving the fire engine. Sheriff's EVOC
currently maintains one working fire engine to accommodate those agencies in attendance of the
driver training so they are not required to bring their own engine for training purposes.
The City of Carlsbad is donating to EVOC a 1986 Grumman/Duplex Pumper Fire Engine, which is
surplus to the needs of the City and valued at approximately $9,600. In exchange, the County
will provide forty-eight (48) students with Basic Fire Update training over a three-year period,
generally provided at a cost of $200 per class per student when several students from one
agency are in attendance. The acquisition of the donated fire engine will enable EVOC to
continue to provide a fire engine to all participants of this type of training.
REVIEW BY OTHERS: This item has been reviewed and approved as to form by County
Counsel (Kevin L. Morris, Deputy County Counsel, 387-5441) on July 11, 2006; and has been
reviewed by County Administrative Office (Laurie Rozko, Administrative Analyst, 387-5408) on
July 19, 2006.
FINANCIAL IMPACT: There is no local cost impact related to this item. The agreement provides
for in-kind services to the County valued at $9,600. The additional cost of fire engine
maintenance will be absorbed within the Sheriff's contract training fund (SCB-SHR) budget.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Dennis J. Casey, Captain, 387-3637
MIN08-01 r CartsbadFireEngineOS
CC: Sheriff - Casey w/agree
Contractor c/o Sheriff w/agree
ACR - Mejico w/agree
IDS w/agree
Risk Management
Sheriff - Penrod
County Counsel - Norris
CAO - Rozko
File w/Agreement No. 06-813
mb
Record of Action of the Board of Supervisors
AGREEMENT NO. 06-813
APPROVj
MOTION
CALENDAR)
ORS
DINO
AYE AYE
4 5
ITEM 050
FOR COUNTY USE ONLY COPY
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR City of Carl
X New Vendor Code
Change
Cancel
County Department
SHERIFF
County Department Contract Representative
DENNIS J. CASEY
SC SHR A
Dept. Orgn.
SHR SHR
Telephone
(909) 387-0640
Contract Number
Contractor's License No.
Total Contract Amount
$9,600
Contract Type
I I Revenue I I Encumbered fxl Unencumbered I I Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start
08-0 1-0(
Fund
SCB
Fund
Fund
Dept.
SHR
Dept.
Dept.
Organization Ap
EVC
Organization Ap
Organization Ap
i
Project Name
sbad
Date Contract End Date
3 07-31-09
pr. Obj/Rev Source
9565
pr. Obj/Rev Source
pr. Obj/Rev Source
t
Original Amount Amendment Amount
$9,600
GRC/PROJ/JOB No. Amount
950 $9,600
GRC/PROJ/JOB No. Amount
GRC/PROJ/JOB No. Amount
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
Federal ID No. or Social Security No.
Contractor's Representative John DeRego, Buyer, Finance Department
Address 1635 Faraday Avenue, Carlsbad, CA 92008-7314 Phone (760) 602-2430
Nature of Contract: (Briefly describe the general terms of the contract)
,-' % \|
The Sheriff's Department EVOC Training Center provides Basic FireJUpdate^ciasses to various firefighting
agencies throughout Southern California. The City of Carlsbad is. donpinga t986 Grumman/Duplex Pumper
Fire Engine with a Vehicle Identification Number of 1D91D31F3Q1008624, which is surplus to the needs of the
City and valued at approximately $9,600. In exchange, fhe-County will provide Basic Fire Update classes to
forty-eight (48) of the City's Firefighting personnel oven ajftree-year period, generally provided at a cost of $200
per class per student, when several students from" one agency are in attendance.
i , "''*••»'The acquisition of the donated fjre engine will enable EVOG to continue' to- provide a fire engine to all
participants of this type of training (EVOC already has, one working fire engine) and other fire agencies will not
be required to bring their own\etigmes for training^purposes. -^ >X"- -'V •, *v" ^ - l f\(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)\
Approved as to LegalEorm (sign in blue ink)
Bounty Counsel, oy Kevin L. Norris, Deputy
Date "7-//-
Reviewed as to Contract Compliance
Date
Presei
Auditor/Controller-Recorder Use Only
D Contract Database D FAS
Input Date Keyed By