HomeMy WebLinkAboutContracts & Agreements_10-1972AGREEMENT
THIS AGRM4EM entered into by and beteeen the Cities of COLTON,
LOMA LINDA, REDLANDS, RIALTO, and SAN BERNARDINO, all municipal corporations
organized and existing under and by virtue of the laws of the State of
California.
THIS ACTT entered into shall also include the fire districts
of BLCOMINGTON, FONTANA, and MUSCOY.
W I T N E S S E T H:
WHEREAS, the parties hereto are geographically located in close
proximity to each other in the County of San Bernardino; and
WHEREAS, it is to the mutual advantage and benefit of the parties
hereto that each of the other parties agree to render supplemental fire
protection in the event of a fire, disturbance or other local emergency of
a magnitude that has developed or appears to develop beyond the control of
a single party and, therefore, requires the forces of one or all of the
other parties hereto;
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. The parties hereto are all signatories to that certain agree-
ment entitles "California Disaster and Civil Defense Master Mutual Aid
Agreement" and it is the intention and purpose of the parties in entering
into this contract to enter into an agreement covering situations not
contemplated by the Master Mutual Aid Agreement and it is mutually understood
and agreed that in the circumstances where the Master Mutual Aid Agreement is
applicable, the Master Mutual Aid Agreement shall apply and control and this
agreement shall be of no force and effect.
2. In the event of any fire, disturbance or other local emergency
which cannot be met with the facilities of one of the contracting parties, the
other contracting parties agree, upon request, to furnish aid in coping with
such disaster or local emergency to the agency requesting such aid upon
either an actual or standby basis. The extent of aid to be furnished under
this agreement shall be determined solely by the governmental agency or
department thereof furnishing such aid, and it is understood that the aid
so furnished may be recalled at the sole discretion of the furnishing agency.
3. Details as to methods of requesting mutual aid and the names of
persons authorized to send and receive such requests, together with lists of
equipment and personnel which will be subject to call, will be covered by
correspondence between the governmental agencies and the departments thereof
from time to time.
4. Personnel who are furnished will work as far as possible under
their own supervisors, and equipment furnished will ordinarily be operated by
personnel of the agency furnishing the equipment. General directions relative
to the work will be given by the appropriate officers or persons of the agency
receiving such aid.
5. No party to this agreement shall be required to pay any compen-
sation to any other party to this agreement for services rendered hereunder,
the mutual advantages and protection afforded by this agreement being considered
adequate compensation to all the parties.
5. It is mutually understood and agreed that this agreement does
not relieve any of the parties hereto from the necessity and obligation of
providing adequate fire protection within their awn areas, and each panty hereto
agrees that it shall use reasonable diligence in keeping the fire fighting
equipment in its possession up to the minimum peacetime standards and require-
ments established by the Insurance Service Office for cities and fire districts
of comparable size.
ova
7. It is further mutually understood and agreed that provisions
of this agreement will be invoked only when, in the opinion of the head of
the department of the party requesting aid, it is deemed necessary to request
outside assistance because all of the normal facilities at their command
have been exhausted and outside assistance is needed to control and suppress
a fire, disturbance or other local emergency; or when in the opinion of the
department head requesting the aid, one of the other contracting parties can
respond more expeditiously.
8. This agreement shall not be construed as or deemed to be an
agreement for the benefit of any third party or parties, and no third party
or parties shall have any right of action hereunder for any cause whatsoever.
Any services performed or expenditures made in connection with furnishing
mutual aid under this agreement by any party hereto shall be deemd conclu-
sively to be for the direct protection and benefit of the inhabitants and
property of such party.
9. Any party to this agreement may withdraw at any time, upon
thirty days' written notice to each of the other parties, and thereafter, such
withdrawing party shall no longer be a party to this agreement, but this
agreement shall continue to exist arming the remaining parties.
10. This agreement shall become effective as between the contract-
ing agencies signatory thereto upon their approval and signature of this
agreement and upon the furnishing of an executed copy thereof to each of the
other contracting agencies and shall continue to be effective except as
provided in Section 9 hereof as between the parties signatory thereto regard-
less of the fact that other parties have not executed this agreement.
IN WTNESS WHEREOF, the parties hereto have executed this agreement
on the dates hereafter set forth:
-3-
Executed by the City of COLTON, a municipal corporation,
this day of 1972.
Mayor
ATTEST:
City Cluck
Executed by the City of San ]Bernardino, a municipal corpora -Lion,
day this of 1972.
Mayor
ATTEST:
City Clerk
Executed by the City, of REMANDS, a municipal corporation,
this 167�/ day of 1972.
ayor
AST:
i�w
M-ecuted by the City of RIALTO, a municipal corporation,
this 4 day of CFFy fn�
1972.
_�- -��.
Wfyor
A 'ST: P4
WE
4T
CS4
Executed by the City of LCMA LINDA, a municipal corporation,
r�
this '`^ day ofi',� 1972
t • .:;�,
1-1 dy O 1'
ATTEST;
Jv�.
City Clerk
Executed by BLOOMINGTON Fire District, this
June , 1972.
ATE T
c �
Clerk of Board
12 th day of
e �
Chain 11 w Board of Superviso�� "
Acting in its capacity as the
Governing Board of BLOOI4INGTON
FIRE PROTECTION DISTRICT
Executed by FONTANA Fire District, this 12th clay of
June , 1972.
BoardChaff nlan - Board of Superviso
ATTE
Acting in its capacity as the
: Governing Board of FONTAN'A FIRE
PROTECTION DISTRICT
i C1erl; of 13dard
Executed by MUSCOY Fire District, this 12th day of
June , 1972.
-Board of Supervisorsw
Ac-i- in its capacity as the
ATTEST,: GovernIng Board of MUSCOY FIRE
PROTECTION DISTRICT
2aimty Clerk of �arci
PPRJm p�S TO w
DATE
STANFORD D, HEM ICi,.` COUNT Y COUNSEL
U�•tY, C�,Lti Oihdif�
1 RESOLUTION NO 3219
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF COLTON AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE CITIES OF LOMA LINDA,
4 REDLANDS, RIALTO AND SAN BERNARDINO AND THE
FIRE DISTRICTS OF BLOOMINGTON, FONTANA AND
5 MUSCOY FOR MUTUAL AID IN PROVIDING SUPPLE-
MENTAL FIRE PROTECTION SERVICES.
6
7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON
8 That the Mayor of the City of Colton be and he is hereby
9 authorized to sign, for and on behalf of the City of Colton that certain
10 Agreement by and between the cities of Loma Linda, Redlands, Rialto and San
11
Bernardino and the Fire Districts of Bloomington, Fontana and Muscoy for
12
mutual aid in the providing of supplemental fire protection services .
13
PASSED, ADOPTED and APPROVED this 4th day of April, 1972
14
15
16
WILFRED E . KANEY
17 G Mayor
ATTEST.
18
19
ELIZABETH DAVIS
20 City Clerk
21 I HEREBY CERTIFY that the foregoing resolution was passed by
22 the City Council of the City of Colton at a regular meeting held on the 4th day
23 of April, 1972, by the following vote, to-wit
24
AYES. Councilmen Coltrin, Huntoon, Kaney, Rehrer
25
NOES• Councilmen. None
26
27 ABSENT Councilman Beltran
28
29 ./, ,•_( /
/1 ELIZABETH DAVIS
30 _ / City Clerk
31
1 -
2 A PrSoLL"IO:I OF 'I'+,`" !FA` OR AID CY OT+ (DC? 7II 07 TIT CITY OF
''AN EER:,A:: O AUTT'OFIZI•,r Ts.' r;\z,CUTIO:I OP AN AGR>rETerE4tT i I79
3 CITIES OF COLIC'', D 71-T)5 fl D RIALTO A D TTT.F FIRE
DISTR.ICTSOF 3LOO:IN 1TO.d, FONTALTA AND t'UrCOY FOR I!L`U L AID IN
4 THE PROVIDING OF SUPP?,Ftls`iiTAL FIRE PROTECTION SERVICES.
5 3E IT Rr OLVED '3Y Tt;E TIAYOR AND CCtIE!ON COUNCIL 0? TJU CITY
OF SAN BERNgJ DINO AS FOLLO3iS
6
SECTION 1. The t'ayor of the City of San Bernardino is
7
hereby authorized and directed to execute on behalf of said City
8
an Agreement ent with the cities of Colton, Loma Linda, Redlands and
9
Rialto and the Fire Districts of Bloomington, Fontana and I:uscoy
10
for mutual aid in the providing of supplemental fire protection
11
services, 4 copy of which xs attached hereto, marked Exhibit "k"
12
and incorporated herein by reference as fully as though set forth
13
at length.
14
I HEREBY CERTIFY that the foregoing resolution was duly
15
16 adopted by the Mayor and Common Council of the City of San I.er-
17 na dino at a �� I�{ u(.�,-4� _ meeting thereof, held on
18 the clay of , 1972, by the following vote,
19 to wit:
20
AYES: Councilmen C.t/��c.r6,s-
21
22 NAYS: >L4
23
ABSENT. L- -�c .1 e a ,✓ � �,�Gc�,ti-G-�
24 • LUC!LLE GO7 v NTH
25 City Clerk
By* Rosalie Corona, Deuuty
26 The foregoing resolution is he•rely approved this .� L f day
27 of , 1972.
28 W o'C.O#ECG
29 Mayor of the City of San BernerAino
30 Approved as to fora
31
/s/ lIal7h V. Prince
32 ---
City e1.Ltorney
(F)
June 1972
`r 6
gV
mwurES OF THE BOARD OF SUPERVISORS
OF SAN BERNAR'DINO C:.OU1,41TY, CALIFORNIA
Ivan Hopkins, Special Districts Coordinator, presents to the Board .for approve
a mutual aid agreement entered into by and between Cities of Colton, Loma
Linda, Redlands, Rialto, and San Bernardino and the fire districts of Bloominc
ton, Fontana, and Muscoy and which is approved as to form by County Counsel.
Whereupon, acting on the recommendation of the Administrative Office, and
acting as governing body of the Tire Protection Districts of Bloomington,
Fontana, and Muscoy, on motion by Supervisor Betterley duly seconded by Super-
visor Beckord and carried, the Board of Supervisors hereby approves the Mutual
Aid agreement between. Bloomington, Fontana, and Muscoy Fire Protection Dis-
tricts and the Cities of Colton, San Bernardino, Redlands, Rialto and Loma
Linda., and further authorizes the Chairman to sign, indicating this Board's
approval of the terms and conditions therein contained
PASSED AHD ADOPTED BY the Board of Supervisors of the Countyof
San Bernardino, State of California, by the following voted
AYES: SUPERVISORS: Betterley, Beckord, Ayala
NOES: SUPERVISORS: None
ABSENT.': SUPERVISORS: Mikesell, Smith
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ss.
h LEONA RAPOPORT, Clod, of the Boa& of Mmmvkars of Sari DemaAma County, COMM, hemby ct:ttKy the
foregoing to be a full, true my colwct Copy of ::._ rctcorcf of the riction t.fken try saki Board of Swpo� visors, by vote: of
the mer+tn•rsrtt, b;7-.arne appears iri ttre Officia; i�hntjt(�, of stlirl E Ord of its meeting of
i7wtCfi: UL1Jlf: 1J,! 2
t. FONA RKUPORT
Cities; Adm Ofc; File Dist; Clerk of Said Board,
copy in each Piro Dist, file