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HomeMy WebLinkAboutContracts & Agreements_12-1983_CCv0001.pdf CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT This AGREEMENT is made as of the day of 198 by and between County Service Area # 38, (hereinafter referred to as COUNTY); the City of San Bernardino, a municipal corporation (hereinafter referred to as SAN BERNARDINO); the City of Rialto, a municipal corporation (hereinafter referred to as RIALTO); the City of Colton, a municipal corporation (hereinafter referred to as COLTON); the City of Loma Linda, a municipal corporation (hereinafter referred to as LONA. LINDA); the City of Redlands, a municipal corporation (hereinafter referred to as REDLANDS); and the Central Valley Fire Protection District, a San Bernardino County Special District (hereinafter referred to as CENTRAL VALLEY). W I T N E S S E T H WHEREAS, it is the intent of the parties hereto that certain equipment and personnel resources belonging to the individual entities be shared between them; and WHEREAS, it would not be economical for any individual city, fire district, department or service area to purchase and maintain the various pieces of equip- ment now individually owned; and WHEREAS, it would not be economical for any individual city, fire district, department or service area to hire, train and maintain personnel with specialized skills to operate the equipment; and WHEREAS, it is the intent of the parties hereto to use these resources to accomplish needed and necessary tasks and projects which are not emergency in nature. CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT NOW, TREREFORE, it is agreed as follows: 1. The term of this agreement shall be for a period of one (1) year commenc- ing January 1, 1983 and ending December 31, 1983; thereafter this agreement shall continue from year to year until terminated by the parties hereto as hereinafter provided. 2. Each of the parties will make available to the others, equipment desig- nated by the respective Fire Chiefs. Such equipment availability is subject to the approval of the lending agency, and may be denied without recourse to the re- questing agency. 3. Certain specialized equipment which requires specific operator skills, when loaned to another agency may be provided with operating personnel. Such per- sonnel will be provided at the option of the lending agency. 4. Normal operating costs of loaned equipment such as fuel, oil, routine lubrication, and minor maintenance (fuel and oil filters, air cleaners, etc.) shall be borne by the requesting agency. 5. Repairs for mechanical wear or damage that are as the result of negli- gence, gross misuse, or willful destruction by the borrowing agency, its employees or agents, will be borne by the borrowing party. 6. Employees furnished by a lending agency pursuant to this AGREEMENT shall be considered to be acting for the employer in pursuit of their lawful duties, and any wages, salaries, compensation claims or other costs relating to their employ- ment will be borne by the lending party. 7. Any party to this AGREEMENT may terminate its participation upon giving thirty (30) days advance written notice to all other parties, and thereafter, such -2- COI&JU AtGREEMENT MjTUAL ASSISTANCE AGREEMENT T terminated party shall no longer be a party to this AGREEMENT, but this AGREEMENT shall continue to exist among the remaining parties. 8,. Each party_hereby agrees to defend, indemnify, and hold the other party, its elected: officials, officers, agents and employees harmless from any liability for damage or claims for personal injury, including death, as well as from claims for property damage which may arise from the indemnifying party's performance and operations under this AGREEMENT. Pone of the parties sal be held responsible o liable to the other party for any loss, damage, detention, or delay caused by accidents, strikes, lockouts,.outs, fire, flood, act of civil. or military authority or by insurrection or riot or by any other cause which is beyond its control. 9. Nothing contained in this AGREEMENT shall be construed to make any party hereto or any of its officers, agents, or employees, the officer, agent or employ- ee of any ether party. 10. All notices herein required shall be in writing and delivered in person or sent by first class -mail, post prepaid, addressed as follows: City of San Bernardino County Service Area # 38 300N. `"D" Street 3800 Sierra Wary San Bernardino, CA 92401 San Bernardino, CA 92405 City of Loma Linda City of Rialto 11125 Anderson Street 150 S. palm Avenue Loma Linda, CA 92334 Rialto, CA 92376 City of Colton City of Redlands 654 X. La Ca.dena Drive 30 Cajon Street Colton, CA 92324 Redlands, CA 92373 Central Valley fire Protection District P.O. Box 1040 16980 Arron Boulevard Fontana, CA 92335 1N WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date first hereinabove written. -3- CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT Executed by: CITY OF COLTON City of Colton, a municipal corporation, this 19th day of January , 198 _ BY: R ATTEST: /3 a. CITY CLERK, COLTON Executed by: CITY OF LOMA LINDA City of Loma Linda, a municipal corporation, this 14thday of December , 198 Z BY: a4-z -, /c/f(-�' _ MAYOR ATTEST: CITY CLERK, LOMA LINDA Executed by: CITY OF REDLANDS City of Redlands, a municipal corporation, this 7th tray of April 1983 MA R / ATTEST:] CITY`t,VERK, REDLA� Executed by: CITY OF SAN BERNARDINO City of San Bernardino, a municipal corporation, this day of MAYOR ATTEST: CITY C ERK, SAN BERNARDINO -4- CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT Executed by: CITY OF RIALTO City of Rialto, a municipal corporation ze this da of 1953 BY: st y �,Fe�r��ar3 MAYOR AT T: F "ET CURK, -RIALTO CENTRAL VALLEY FIRE C COUNTY SERVICE $ DISTRICT Y r, BY: ROBERT L. HA1VHXK, Vi.ceChairman, Board of ROBERT La HkilMCK., Vice Chairman, Supervisors, acting in its capacity as Board of Supervisors, acting the governing authority of the Central in its capacity as the govern- Valley Fire Protection District ing authority of the County Service Area 33 APPROVED AS TO FORM: ATTEST: County Counsel. Clerk of the Board of Supervisors County of San Bernardino "Originaf signed BY: By Edward D_u' BY: - TITLE: Deputy DATE: ' DATE: UG 2 1983 —5— FOR COUNTY USE ONLY County Department Contract Number County Service Area 38 i73— County Department Contract Representative Contractor's License Number: COUNTY OF SAN BERNARDINO Michael Scherman Ph. Ext. 277 ►'� CONTRACT TRANSMITTAL Budget Unit No. Tu 3-tib est No, lend��. yob No. Amount of Contract f contract has more than one payment or receipt, Project Name. C{ NFRE complete the following: Payments Estimate: Approximate Amount Each: Contractor; E) Furth Gate Federal IC No. or Social Security No. Contractor's Representative:- Tim Shay_„ Eastern Division i nn C'h i of Address; -- -3800 Sierra Ways, San Fac-rnardi nn, CA 92405 Phone; 982-1226 Nature of Contract: (Briefly describe the general terms of the contract.) A mutual assistance agreement for specialized equipment for County Service Area 38 and Central Valley Fire District with the cities of San Bernardino, Rialto, Colton,: Loma Linda and Redlands (CONFIRE Group) . (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) :oroeet'.gg o„,., Reviewed as to,Affirmative Actio!5 Reviewed for Processing yE _ d Y .;aunty Counw Agency Administrator/CAA _fate Date Cate MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AUGUST 22 , 1983 FROM: DON C. BANGHART, COUNTY FIRE WARDEN SLJBJECT: APPROVE MUTUAL ASSISTANCE AGREEMENT FOR - SPECIALIZED EQUIPMENT FOR CO LINTY SERVICE AREA 38 AND CETNRAL VALLEY FIRE DISTRICT WITH THE CITIES OF SAN BERNARDINO, RIALTO, COLTON, LOMA LINDA AND REDLANDS-CONFIRE (SONSOLIDATED FIRE AGENCY RECOMMENDATION: OF THE EAST SAN BERNARDINO VALLEY) Approve mutual assistance agreement for specialized equipment for County Service Area 38 and Central Valley Fire District with the cities of San Bernardino, Rialto, Colton, Loma Linda and Redlands. BACKGROUND INFORMATION: The purpose of the agreement is to share certain specialized equipment between departments to accomplish needed and necessary tasks and projects of a non-emergency nature. It is not economical for any one department to purchase and maintain all the various pieces of specialized equipment now individually owned. Likewise it would not be practical for each department to hire, train and maintain -personnel with specialized skills to operate the equipment. Thus, a sharing of existing equipment would be beneficial to all departments concerned. FINANCIAL DATA: Operational and maintenance cost will be borne by requesting agency. cc: Fire Warden w/agreement Action of the Board of Supervisors City of Colton w/agreement AGREE11ENT O. 83-623 City of Lc xm Linda w/agree. APPROWEDBOARD OF SUPERVISORS City of Redlands wa e=enmCOUNTY OF SAN BERNARDINO Ci o S�anBdnow� lt agreement City of Rialto w/agree-nent MOTION _X X Vacant Second Motion ALL c/o FIRE WARDEN Auditor w/agreen ent 1 2 3 4 5 Office of Public Safety MART A SEKERAK, CLERK OF THE OARD File Wagreement BY 'L 14-9507-000 DATED: Rev. 10/81 ITEM- 68 VEHICLE AND EQUIPMENT MAINTENANCE AGREEMENT THIS AGREEMENT is made on the date shown below between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred as "San Bernardino", the CITY OF RIALTO, municipal corporation, hereinafter referred to as "Rialto" , the CITY OF COLTON, a municipal corporation, hereinafter referred to as "Colton", the CITY OF LONA LINDA, a municipal corporation, hereinafter referred to as "Loma Linda", the CENTRAL VALLEY FIRE PROTECTION DISTRICT, a San Bernardino County Special District, hereinafter referred to as "Central Valley", and the CITY OF REDLANDS, a municipal corporation, hereinafter referred to as "Redlands". WHEREAS, it is to the mutual advantage of San Bernardino, Rialto, Colton, Loma Linda, Central Valley, and Redlands, to make available to each other vehicles and equipment for fire fighting purposes from time to time as needed for the efficient operation of their respective fire departments; and WHEREAS, it would not be economical for every city or fire district to purchase and maintain every type of fire vehicle or equipment; and WHEREAS, it is vital to the protection of life and property from fire that certain equipment be available for emergency use from time to time by the parties to this agreement; and WHEREAS, parties to this agreement wish to provide for their perspective rights and duties with regard to the use of vehicles and equipment owned by one of the parties by the other parties from time to time. NOW, THEREFORE, the parties agree as follows: 1. This agreement shall commence on the date shown below and shall continue until terminated. Any party may terminate the agreement as to that party by giving written notice of termination to theotherparties whereupon the agreement shall be terminated as to the party giving the notice. Such termination shall not relieve any party of liability incurred at the time of such termination. Vehicles and equipment owned by a party may be made available to another party for an emergency use. When one party uses vehicles or equipment of another party, the using party shall return of the same after use without damage, normal wear and tear excepted. In the event a vehicle or piece of equipment is damaged, the user shall be liable to the owner for such damage. Regular or routine maintenance of vehicles and equipment shall be done by the owner thereof at the owner's expense and without reimbursement from anyother party. A party using vehicles or equipment of another shall take the same as he finds it without warranty by its owner as to its condition. The owner thereof shall not be liable to the user or his officers, employees or agents for injuries or damages arising out of the condition of vehicles or equipment. The using party shall hold the owner harmless from all claims arising out of the use of the vehicles or equipment, including, without limitation, claims by the user's own officers, employees and agents, as well as other parties. Nothing in this agreement requires that any party hereto loan any vehicle or equipment to anyother party hereto. In the event that one party is using vehicles or equipment of another party, the owner shall have the exclusive right to determine that the vehicles or .equipment are needed elsewhere and based thereone shall have the right to retake the vehicles or equipment as circumstances may require. The owner shall not be required to furnish its employees for the operation of its vehicles or equipment by others, however, should a party furnish its personnel to another, then, in that event, it shall not entitled to reimbursement for damages to the equipment or vehicles while the same are being operating or controled by the employees of the owning party. Similarly, the borrowing party shall not be liable for injuries to the employees of the owning party. This agreement shall not be assigned by any of the parties hereto. Nothing contained here shall be deemed to make any party hereto or any of its officers, agents or employees of any other party. All notices herein required shall be in writing and delivered in person or sent by first class mail , post prepaid, addressed as follows: City of San Bernardino City of Colton City of Rialto 300 No. "D" Street 650 No. LaCadena Dr. 150 So. Palm, Ave. San Bernardino, CA 92401 Colton, CA 92324 Rialto, CA 92376 City of Redlands City of Loma Linda 30 Cajon Street 1132 Anderson Street Redlands, CA 92373 Loma Linda, CA 92354 Central Valley Fire Protection District 16980 Arrow Blvd Fontana, CA 9233� DATE CITY OF REDLANDS CITY OF SAN BERNARDINO f D F By: CITY OF RIALTO CITY OF COLTON By: By: CENTRAL VALLEY FIRE PROTECTION CITY OF LOA LINDA DISTRICT Dy: By: