HomeMy WebLinkAboutContracts & Agreements_18-1979_CCv0001.pdf Cor.n,V Department CON TRA int' t-,
Special Districts
C,ow)ty D, ar, ,,r C, ,r':t t ft_r r.•,=z7
COUNTY of SAIL` BERNARDINO s a � > Temirintes
.,, Angela Carman h E,,
Siadpt No, sIF)- ?fir r *i o. ri.nS ' _ (.;gib'`wO_ ( tv;rountof ontract
CONTRACT TRANSMITTAL i � � #
Check One: Exoe. +rt_,re i_ R t ., _re If comrac:t has more that,one p::'lment or receiPt
S.S.A. = cornp!Ute the fo3lo'-ving.
Federal N it bi*r of payments:
Ea plcyer ! = estimated amOu 3t of each: S
Cont actor:City of Sar_ Bernardino, City of Rialto, City of Colton, & City of Redlani
Conti-a, L:or`s Representative:
A1of s:
Phone:
Neat€ rContract: (Briefly describe the general terms of the contract)
Agreement for joint use of air truck by Fire Departments in above
named cities and the Central Valley Fire Protection District.
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A G R E E M E N T
2 (Air Truck Joint Use by Fire Departments)
3 THIS AGREEMENT is made and entered into this 20th day of
4 March 1 1979 , by and between the CITY OF SAN BERNARDINO ,
5 a municipal corpora-Lion, hereinafter referred to as "San
6 lBernardino" , the CITY OF RIALTO, a municipal corporation , herein-
7 ! after referred to as "Rialto" , the CITY OF COLTON, a municipal
8 corporation, hereinafter referred to as "Colton" , the CENTRAL
9 ; VALLEY FIRE PROTECTION DISTRICT, a San Bernardino County Special
it
1() IjDistrict, hereinafter referred to as "Central Valley" , and
11 ; the CITY OF REDLANDS , a municipal corporation , hereinafter
12 � referred to as "Redlands" .
13 W I T N E S S E T H .-
14 I WHEREAS , it is to the mutual advantage of San Bernardino ,
,5 Rialto,
Colton, Central Valley and Redlands to jointly purchase
16 ;: and maintain certain specialized equipment provided for herein ff
17 '! needed for efficient operation of their respective fire department ,
t8 ; and
19 EE WHEREAS , it would not be economical for any individual
20 l3city or fire district to purchase and maintain said certain
2J ! specialized fire equipment; and
22 WHEREAS , it is vital to the protection of life and property
23 : from fire that certain specialized equipment be available for
24 ! emergency use twenty-four (24) hours a day ,
25 NOW, THEREFORE, in consideration of the mutual covenants,
26 1promises, conditions and agreements herein contained, the parties
27 ! hereto agree as follows :
28
EXHIBIT "A"
1 1. The term of this agreement shall be for a period of
2 lone (1) year commencing July 1 , 1979 , and ending June 30, 1980;
3 thereafter, this agreement shall continue from year-to-year until
4 terminated by the parties hereto as hereinafter provided .
5 2. San Bernardino, Rialto, Colton , Central Valley,
6 land Redlands shall purchase and maintain a "high pressure air
7 ! compressor" at an estimated capital cost of $20,000; said equipmen :
8 Ito be used by the fire departments of the entities entering
9 knto this agreement. The estimated cost of the air compressor
10 ! does not include any charge for maintenance of the equipment.
11 3. San Bernardino, Rialto, Colton , Central Valley and
12 Redlands shall mount this high pressure air compressor on a
13 1suitable vehicle (truck cab-chassis) owned by San Bernard-Lo14 ! along with related equipment such as , but not limited to , spare
15 ; air bottles , electrical generator, electric lights and tools .
16 4 . The original cost of the high pressure air compressor ,
Ci I
17 !' the vehicle upon which it is to be mounted , and installation costs '
1shall be prorated in the following manner :
City of San Bernardino - To Provide Vehicle
20 All Others
- Equal Shares of $5 ,000 each,
or each agency' s pro-rata share
21
if the actual purchase price is
under $20, 000 . 00 .
22
23 All purchases shall be initiated by San Bernardino ' s
24 JPurchasing Department , according to prescribed policy, who will
25 ithen bill other participants acc.co_-dirig to the above schedule .
26 The participants shall promptly pay the amount for which
27 ! they are billed upon receipt of the billing. In the event the
28 !original costs of the high pressure air compressor exceeds the
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I sum of $20,000, then any such excess cost shall be prorated
2 equally amongst all of the parties to this agreement, excluding
3 San Bernardino.
4 5. A fund in the amount of $1 ,000 shall be established for
5 the purpose of paying the maintenance of the high pressure air
6 compressor, vehicle and the other specialized equipment for
7 the fiscal year commencing July 1, 1979 , and ending June 30,
8 11980. Said fund of $1, 000 shall be in addition to the purchase
9 ; and installation cost and shall be prorated according to the
10 ! number of fire calls in the following manner -
11 FIRES (2 YRS . )
% OF TOTAL
12 ' San Bernardino 4 , 647 46
13 ' Rialto 1 ,132 11
; Colton 705
7
15 Central Valley
2 ,565 25
16 ' Redlands 1 , 124 11
17 TOTAL 10 ,173 100
18 It is understood and agreed by the parties hereto that the
19 ! proration computed hereinabove is based upon fire calls for the
20 icalendar years 1977 and 1978 . For purposes of subsequent year
21 1; operations under this agreement, the base two year calendar year
22 : period for purposes of the proration computation shall be com-
23 ' puted by dropping the first calendar year and adding the next
24 ' succeeding calendar year to the base period (e .g. , for the
25 1fiscal year 1980-1981 , the base period for the computation for
26 the proration would be calendar years 1978-1979 ) . San Bernardino
27 ! shall compute the maintenance charges hereunder and bill the
28 ; other parties for their shares of such costs . The parties
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1 so billed shall promptly pay the charges upon receipt of the
2 billing therefor .
3 6 . The amount of maintenance costs for each succeeding
4 year will be prorated in the above manner no later than February
5 lst of each calendar year for the following fiscal year by a
6 committee of the Chiefs of the participating fire departments .
7 7 . In the event of major repairs or unforeseen costs with
8 Irespect to the maintenance and operation of the vehicle or equip-
9 Iment, which exceeds the budgeted maintenance costs for the year ,
10 ! each of the parties will bear its prorated percentage of the
11 ! amount of the deficit.
12 I 8 . The maintenance and repair of the vehicle and high
13 ! pressure air compressor will be performed by the San Bernardino
14 ! Fire Department who shall keep an accounting of the costs of such
15 �ilmaintenance and repair and apportion the costs to each of the
16 1;, participants for their prorated share .
17 9 . The vehicle and high pressure air compressor will be
18 ; housed in San Bernardino when not in use and will be operated
19 ! by personnel assigned to the San Bernardino City Fire Department
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20 ! or by such others as may be designated by a committee composed of
21 �Ithe Chiefs of the participating fire departments .
22 The party or parties providing the personnel for the
23 !; Operation of the equipment shall not be entitled to contributions
24 1from the other parties for such personnel costs .
25 10. The vehicle and high pressure air compressor will be
26 lavailable to all parties hereto on a daily basis for routine fill-
27 ling of air bottles and cascade systems and shall be subject to a
28 !24-hour per day call for emergencies . In the event, two or more
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1 demands by different parties hereto are made for the equipment on
2 or about the same time , then the basis for determining the party
3 first receiving the equipment shall be the basis that the first
4 ; demand is the first served.
Any party to this agreement may terminate its
6 participation upon giving thirty (30) days advance written notice
7 ! to all other parties . All outstanding debts arising out of this
8 jAgreement on or prior to the date of -termination shall be paid
1
9 within thirty (30) days after notification by the terminating
10 ! party. All vehicles and equipment purchased under this agreement
11 : will become the property of the remaining participants . In
' the event of termination of this agreement by the parties hereto,
12
13
-terminating party shall be entitled' the last remaining non
14 Ito the ownership and possession of the equipment and the other
15 ; parties hereto agree to execute and deliver all necessary releases '
16- : or documents of title necessary to place the ownership of the
17 = vehicle and equipment in the last remaining non-terminating i
liparty.
19 12 . Legal title to the truck and to all installed equip-
20 1, ment shall be held in the name of San Bernardino during the term I
21 lof the Agreement.
22 13 . In the event one or more of the parties hereto termin- I
23 late this agreement as provided aforesaid , then the remaining
24 ! parties shall execute a new agreement embodying and setting
25 Iforth the same terms and conditions as this agreement but omit-
26 ; ting the terminating party/parties .
27 14 . This agreement shall not be assigned by any of the
28 1parties hereto.
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1 15. Each party hereby agrees to hold the other party, its
2 elected officials , officers, agents and employees harmless from
3 any liability for damage or claims for personal injury, including
4 death, as well as from claims for property damage which may arise
5 from the indemnifying party ' s performance and operations under
6 this Agreement.
7 None of the parties shall be held responsible or liable to
8 the other party for any loss , damage , detention, or delay caused
9 1by accidents , strikes , lockouts , fire, flood, act of civil or
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10 ! military authority or by insurrection or riot or by any other
11 ! cause which is beyond its control .
12 16 . Nothing contained in this Agreement shall be construed
13 ! to make any party hereto or any of its officers, agents , or
1 t 1
14 ' employees the officer, agent or employee of any other party.
15 17 . All notices herein required shall be in writing and
16 ' delivered in person or sent by first class mail , postage pre-
17 ipaid, addressed as follows :
18 City of San Bernardino City of Colton
300 North "D" Street 650 North La Cadena Drive
19 San Bernardino, CA 92418 Colton, CA 92324
20 City of Rialto City of Redlands
150 South Palm Avenue
30 Cajon Street
21 Rialto, CA 92376 Redlands , CA 92373
22 j Central Valley Fire Protection District
16980 Arrow Boulevard
23 Fontana, CA 92335
24 IN WITNESS WHEREOF, the parties hereto have executed this
25 lAgreement on the date first hereinabove written.
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I CITY OF SAN BERNARDINO CITY OF>REDLANDS
2 i
B B
ay .�
4 ATTEST: ATTEST :
5
7 APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
8
i til �
PL
9City Attorney
I#
10 i
11 , CITY OF RIALTO CITY OF COLTON
s � �
12
By: By :
13 j
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14 ATTES'#: ATTEST
'
16
C t
17 jAPPROVED AS TO LEGAL FORM: APPROVED AS TOGAL FORM:
t �
19 u t
20 ICENTRAL VALLEY FIRE PROTECTION DISTRICT
21
By
22 Chairman
j B d of Superv' ors
23
' AA PROVED AS TO GAL FORM: ATTEST :
24
ALAN K. MARKS, County Counsel
25 iCounty of San Bernardino
"Cwginal signed
Edward
4
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MINUTE'S OF THE DOAUD OF SUPERVISORS
OF SAS DERNARDINO COUNTY, CALIFORNIA
NIA
KE: LL ACREE. 1,79-160- CITIES OF S.-B. ,RIALT0 COLTON, REDLA DS` W/CENTRAL VLY.
APPROVED
A to as overring body cif Centrad. Valley Fire Protection District, n-
ot on, Of Supervisor To zs :nd seconded by Supervisor 1 a ockp- and
carried, the Board of Supervisors approves Agreement ?o_ 79-160, be-
tween the County, on behalf of the District, and the cities of San Iyer-
nazi ding, Rialto, Colton and Redlands for joint purchase and use of
high pressure air compressor first year cast and maintenance to the
Dist ict will be approximately $5,250.
PASSED AND ADOPTED by the Board of Supervisors of the County of San.
Bernardino, State of California, by the following vote:
AYES: SUPERVISORS : Ha.nsberger, Townsend, Hammock, Layfield
IE'S : SUPERVISORS: None
ABSENT: SUPERVISORS: McElwain (np)
I FIRST AMENDMENT TO AGREE-ViENT
2 (Joint Use of Air Truck)
3 THIS FIRST AlvIENDMENT TO AGREEMENT is made and entered into
4 this -I day of 1979, by and between the
5 FCITY OF SAN BERNARDINO, a municipal corporation, hereinafter
6 Ireferred to as "San Bernardino" , the CITY OF RIALTO, a municipal
7 ' corporation, hereinafter referred to as "Rialto" , the CITY OF
8 COLTON, a municipal corporation, hereinafter referred to as
9 "Colton", the CENTRAL VALLEY FIRE PROTECTION DISTRICT, a San
10 IlBernardino County Special District, hereinafter referred to as
I
ti 1 "Central Valley" , the CITY OF REDLANDS, a municipal corporation,
1
12 1hereinafter referred to as "Redlands" , and the CITY OF LOMA LINDA,
13 a municipal corporation, hereinafter referred to as "Loma Linda" .
14 W I T N E- S S E T H :
15 IfTHEREAS , San Bernardino , Rialto, Colton, Central Valley
16 land Redlands entered into an agreement on March 20, 1979 , relating
17 Ito the -Qu-chase and maintenance of a high pressure air compressor
and the joint use of the compressor and the vehicle on which it
10 is mounted; and
20 'ridEREAS , Loma Linda desires to participate in the agree-
21 ment and the other parties wish to have Loma Linda become a
22 party to the agreement on an equitable basis,
23 NOW, THEREFORE, in consideration of the mutual covenants,
24 promises, conditions and agreements herein contained, the parties
25 [ hereto agree as follows :
26 1. Loma Linda shall be a party to the agreement upon its
27 execution of the Agreement and this First Amendment to Agreement.
28 Il Loma Linda agrees to be bound by and perform all terms and con-
S,
If
ditions of the Agreement and First Amendment to Agreement,
2commencing July 1 , 1979 . E
rit
3 2. Loma Linda shall contribute to the purchase of the high!
4 pressure air compressor on the same basis as provided. for "All
5 Others" in paragraph 2 of the Agreement. i
6 ; 3. The total number of fire calls in Loma Linda for
7 calendar years 1977 and 1978 is 170 . The percentages of mainten-
ance
g costs for the parties for the year commencing July 1 , 1979,
9 set forth in paragraph 5 of the Agreement, shall be adjusted
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10 ( administratively by San Bernardino to include Loma Linda.
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11 Apportionment of maintenance costs for future years shall, include
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12 ! Loma Linda, and shall be accomplished in accordance with the �
13 Agreement.
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14 4 . All notices to Loma Linda pursuant to paragraph 17 of
15 ! the Agreement shall be addressed as follows :
16 City of Loma Linda
4 11132 Anderson i
17 Loma Linda, CA
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18 5 . Except as amended, all terms and conditions of the
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19Agreement remain in full force and effect.
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20 IN WITNESS WHEREOF, the parties hereto have executed. this
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21 IFirst Amendment to Agreement on the date first hereinabove
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22 written.
23 CI'T`Y OF SAN BERNARDIN CITY OF RtDLA&DS
24 t s ,
By _ N
25
ATTEST: ATTEST:
26
27 .
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1APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FOR:
3 j
4 CITY OF RIALTO CITY OF COLTON
By: ` By.
6
ATTES ATTEST
7
8
9 APPROVED AS TO LEGAL FORM: APPROVER AS O LEGAL FORM
m
10 r
12 CENTRAL VALL IRE PROTECTION CITY OF LOMA LINDA
DISTRICT
13 .__
BY:
By' t
14 JAYO
ATTE ATTEST.f
16
jl CITY CLERK
17 I APPROVED AS TO LEGAL FOW-1: APPROVED AS TO LEGAL FORM:
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18
ALAN K. MARKS, County Counsel By
19 County o-J San Bernardino
20 By ard Duddy,
By Dei nbv se
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