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HomeMy WebLinkAboutGOLDENWEST COLLEGE - 2003-10-20 (2)� C � Fj� �� —.v C.�—►',^•'--ram' MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PD-03-021 Council/Agency Meeting Held:/0,a4i Deferred/Continued to: 'K,Approved ❑ Conditionally Approved ❑ Denied City rk's ' nature Council Meeting Date: October 20, 20037Department 1D Number: PD-03-021- o z w —y CITY OF HUNTINGTON BEACH a REQUEST FOR ACTION coa� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: RAY SILVER, City Administrator Pfl-:�9, PREPARED BY: KENNETH W. SMALL, Chief of Police SUBJECT: Approve the Donation of Two (2) Fully Depreciated Police Vehicles to Goldenwest College -Police Academy Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Huntington Beach Police Department is requesting approval to donate two fully depreciated police vehicles to the Goldenwest College -Police Academy Program. The vehicles have exceeded their useful life with the Police Department. The Police Academy from Goldenwest is in need of used police vehicles for use in the training of recruits. The Huntington Beach Police Department has recruited sworn officers from the Goldenwest Police Academy and will continue to do so, as the program has an excellent reputation for training future police officers. Funding Source: Not Applicable. Recommended Action: 1.) Approve the donation of two (2) fully depreciated police vehicles to the Goldenwest College -Police Academy Program for training purposes. 2.) Authorize the City Administrtor to execute the Donation Agreement between the City of Huntington Beach and Goldenwest College C_ :� RCA -Donation of 2 police cars to Goldenwest.doc 10/6/2003 10:11 AM 0 REQUEST FOR ACTION • MEETING DATE: October 20, 2003 DEPARTMENT ID NUMBER: PD-03-021 Alternative Action(s): Do not approve the donation of two (2) fully depreciated police vehicles to the Goldenwest College -Police Academy Program for training purposes and direct staff accordingly. Analysis: The Huntington Beach.Police Department has had a long-standing relationship with the Goldenwest College -Police Academy Program. In the past we have hired graduates from the program and will continue to do so in the future. Also we have sent our recruits to this institution for police training. The Police Academy's training is very thorough and professional and starts new police officers with excellent basic skills. The cost to the Police Department to send a recruit through the Police Academy is approximately $850 for the 26-week program. This cost includes all training equipment, off - site training location cost, books, fuel, range fees and other costs. The Police Academy is partially funded through the students/agencies that send recruits through the program and the State of California -Department of Education. The actual cost to send a recruit through the Police Academy is approximately $3,500. With the State's budget crisis, Goldenwest College has had reductions to its budget. The reductions affected the personnel who work at the academy and the equipment costs. Due to this reduction, the Police Academy will not be able to purchase capital items and equipment replacement is extremely limited. In order to assist the Police Academy, the Police Department is requesting approval to donate two (2) depreciated police vehicles to the academy for use in their driver's training module. These vehicles do not have any functional value for our patrol officers. These vehicles are suitable for training purposes, which are in controlled environments. If the vehicles were auctioned, the approximately value of each vehicle is $1,250. The training value that these vehicles will have for our police recruits, as well as other recruits, far outweighs their monetary value. The Goldenwest Police Academy has signed a donation agreement with the City in order to release all liability on the part of the City. The agreement is attached. Environmental Status: None Attachment(s): Sergeant l RCA -Donation of 2 police cars to Goldenwest.doc -A-e 10/6/2003 10:12 AM a 1. ATTACHMENT# 1 • i DONATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GOLDENWEST COLLEGE THIS DONATION' AGREEMENT (the "Agreement") is made and entered into this ZOL41ay of C2, J fkL , , 2003, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY," and GOLDENWEST COLLEGE, ADMINISTRATION OF JUSTICE PROGRAM, hereinafter referred to as "Community College." WHEREAS, City owns Equipment that no longer has a useful service life and no other department within the City has any use for the Equipment. WHEREAS, Community College is a California community college providing public system higher education and opportunities for academic and career education in the Huntington Beach area of Orange County. WHEREAS, Section 3.02.210(e) of the Huntington Beach Municipal Code states: "Upon approval in advance in writing of the City Administrator, surplus personal property may be donated to governmental, public or quasi -public agencies, charitable or nonprofit organizations." WHEREAS, the City desires to donate the Equipment to Community College pursuant to Huntington Beach :Municipal Code Section 3.02.210(e) so that Community College may use the Equipment in its Police Academy. WHEREAS, the Community College and the City desire to enter into this Agreement to memorialize their respective rights, duties and obligations with respect to the Equipment. WHEREAS, it is the intention of the parties to this Agreement that all state and federal gift, excise, and/or income taxes incurred by reason of this gift, if any, be paid by Community College and that City be absolved from all liability therefor. The assumption of liability for such taxes by Community College is expressly made a condition for this gift and if such liability is not assumed, the Equipment shall not be transferred to Community College. 03agree/donation — go] den+wesd9122103 0 • WHEREAS, the Equipment is donated to, and accepted by, Community College in an "as is" condition and Community College hereby understands and agrees that City makes no warranty as to the condition of the Equipment or its fitness for any particular use. In addition, all implied warranties that would otherwise apply to the transfer of the Equipment is expressly excluded by the City's disclaimer that the Equipment is being transferred to Community College in an"as is" condition. NOW, THEREFORE, in consideration of the following covenants, conditions and agreements, the parties hereto agree as follows: 1. City hereby gives, donates, assigns, and transfers to Community College all its rights, title, and interest in the Equipment. 2. Community College hereby accepts and consents to the gift by City of the Equipment and hereby agrees to use Equipment in furtherance of its obligation under California law to initiate and carry on activities and programs necessary to provide higher education to public students in the Huntington Beach area of Orange County. 3. Community College fully understands and agrees that the Equipment is transferred by City to Community College in an "as is" condition and that any and all implied warranties that may otherwise apply, or arise by operation of law, to the transfer of the Equipment from City to Community College are hereby excluded from this Agreement. Community College further understands that the City makes no warranty as to the condition of the Equipment or its fitness or adaptability for a particular use. 4. Community College assumes all liability for any state or federal gift, excise and/or income taxes, if any, incurred by reason of the donation of the Equipment from City to Community College. 03agree/donation — go1demsesu'9i22.f03 2 • 5. Community College agrees to indemnify, defend, and hold harmless City and its officers, employees, agents and volunteers from any and all suits, claims, actions. losses, damages and/or liability arising out of the performance of this Agreement, the use of the Equipment by Community College, or from any cause whatsoever which may arise because of the negligence, intentional acts, misconduct, or other fault of Community College, including any acts, errors or omissions of any officers, employees, instructors, students or agents of Community College, and for any costs and expenses incurred by City on account of any claims therefore except where such indemnification is prohibited by law. 6. The Community College shall not encumber, assign, or otherwise transfer this Agreement, or any right or interest in this Agreement, or any right, title or interest in the Equipment, without the prior written consent of the City. 7. Within ten (10) days of the execution of this Agreement by the last of the parties to it, City shall deliver physical possession of the Equipment to Community College and release ownership of the Equipment by delivering to Community College all required paperwork within ninety (90) days of the transfer of the Equipment. Within five (5) days of releasing ownership of the Equipment to Community College, City shall submit any necessary paperwork to the appropriate governing agency, if required. 8. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties and shall remain in effect unless one party notifies the other party in , vriting of its termination, addressed as follows: TO CITY: Chief of Police City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO COMMUNITY COLLEGE: Golden West College Administration of Justice Program 15744 Goldenwest Huntington Beach, CA 92649 03agree/donation — goldenw'est/9/22:03 CJ 9. This agreement represents the entire and integrated Agreement between City and Community College and supersedes all prior negotiations. representations. or agreements. either ti-ritten or oral. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. GOLDENWEST COLLEGE. a California community college By:&�Wr print name 17i ree /4Ss0C. NO" t;tie APPROVED AS TO FORM: CT ty Attorney 3 apt•='� 3 CITY OF HU TINGTON BEACH, a municipal corporation of the State of California itv Administrator (HRMC § 3.02 210(e) INITIATED AND APPROVED: Chief ofPolice G3aerr� dory€gin — Lotd:n«est9:" 03 4 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department SUBJECT: Approve the Donation of Two (2) Fully Depreciated Police Vehicles to Goldenwest College -Police Academy COUNCIL MEETING DATE: October 20, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable ContracVAgreement (w/exhibits if applicable) (Signed in full b the Cif Afforne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney Not Applicable Financial Impact Statement Unbudget, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 4<- Assistant City Administrator Initial City Administrator Initial 2d City Clerk F EXPLANATION FOR RETURN OF ITEM: