REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
October 8, 2019
FROM
DON TRAPP, Interim Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SUBJECT
Title v
Agreement with the Housing Authority of the County of San Bernardino for Use of Property as a Training Site
End
RECOMMENDATION(S)
Recommendation
Acting as the Governing Body of the San Bernardino County Fire Protection District (SBCFPD):
1. Approve Agreement For Entry Upon Property and Release For Use Of Property As A Training Site with the Housing Authority of the County of San Bernardino (Housing Authority) allowing SBCFPD to perform training exercises at the Waterman Gardens Public Housing site in San Bernardino, which is scheduled for demolition, at no cost for a term of October 8, 2019 through October 7, 2020.
2. Authorize the Interim Fire Chief/Fire Warden to provide notices to the Housing Authority and agree to the dates, specific types and addresses of the training exercises.
(Presenter: Don Trapp, Interim Fire Chief/Fire Warden 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
There is no financial impact from this agreement. Therefore, approval of this item will not result in the use of Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
The recommended action will approve an agreement with the Housing Authority for SBCFPD to perform training exercises at the Waterman Gardens Public Housing site (Public Housing Site) in San Bernardino. The Housing Authority is redeveloping its Public Housing Site located near Waterman Avenue and Baseline Street in the City of San Bernardino. The specific site recommended for the training exercises consists of 30 vacant units. SBCFPD has scheduled training at the Public Housing Site on October 14, 15, 22 and 23. On those dates, SBCFPD will perform various public safety training activities. The units are scheduled to be demolished beginning December 2019.
SBCFPD training activities may include:
• Non-Destructive Training: This training involves manipulative scenario-based drills both in the single and multi-company environment. Crews will practice various fire suppression skills that do not involve the breaching of walls, doors or roofs. Crews may drag/pull fire suppression hose lines inside of and around the various buildings, put ladders up against the buildings, climb atop the buildings and simulate vertical ventilation (smoke removal), as well as charge the buildings with inert non-toxic smoke. In doing training of this type, the anticipated impacts (damage) would be cosmetic in nature. There will be no live fire or demolition in this portion of the training.
• Destructive Training: This training includes the above-described non-destructive training and also the cutting, forcing, opening and demolition of walls, doors, ceilings and roofs. The fire personnel will secure the exterior portions of the buildings to the extent possible that were subject to the forces applied when opening of doors, walls and windows. There will be no live fire in this portion of the training.
Prior to training, a notice will be provided to residents at the neighboring community of Olive Meadow and the Preschool Services Department, which operates a Head Start facility within the Public Housing Site, informing them of the upcoming training. SBCFPD will coordinate any planned training with the Housing Authority. The Housing Authority has the authority to deny training activities and terminate this agreement.
In accordance with the terms of the Agreement For Entry Upon Property and Release For Use Of Property As A Training Site (Agreement), SBCFPD agrees to:
• Accept the premises in an “as is” condition, without any representations or warranties by the Housing Authority.
• Waive and release the Housing Authority, and their authorized agents, officers, volunteers and employees against any and all claims or actions, whether originating by subrogation or otherwise, for property damage and/or personal injury and/or death occurring in, on, and about any part of the property, and for any costs or expenses incurred by the Housing Authority and/or SBCFPD and/or claims and/or actions arising therefrom.
• Waive and relinquish all rights and benefits afforded to SBCFPD by Civil Code section 1542, including similar laws regarding general releases.
• Waive and release the Housing Authority from any claims, actions, loss, damages, liabilities, or injuries however arising, identified in section 6 of the Agreement.
• Provide at its sole cost sufficient administration and security personnel to secure the property during each training exercise.
• Be responsible for any damage to the property caused by any act or omission on the part of its employees, trainees, agents or affiliates (defined as any other individuals or entities participating in SBCFPD’s training program).
• Indemnify the Housing Authority as provided in sections 11 and 12 of the Agreement.
The contract will be for the period of one year. This is to allow for the possibility of other training opportunities at the vacated Watermen Garden facilities.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Deputy County Counsel, 387-5455) on September 23, 2019; Real Estate Services Department (Brandon Ocasio, Real Property Agent III, 387-5252 and Jennifer Goodell, Real Property Agent III, 387-5252) on September 24, 2019; Finance (Tom Forster, Administrative Analyst, 387-4635) on September 23, 2019; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on September 23, 2019.