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HomeMy WebLinkAboutContracts & Agreements_232-06 MOU_CCv0001.pdf MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS LINDA AND THE CITY OF LOMA This Memorandum of Understanding is made this 17thday of October, 2006 by and between the City of Redlands, a municipal corporation and general law city ("Redlands") municipal corporation ed charter city ("Loma Linda"). and the City of Loma Linda, a rn rred to herein as a "Party" and, Redlands and Loma Linda are sometimes individually re tog I ether, as the "Parties." Recjtals Whereas, both Redlands and Loma Linda awith nsta d oiut thegaprovide fire suppression and administrative services , ndide of,their respective corporate limits; and Whereas, both Redlands and Loma Linda have established a Fire Depmmunitiesartment to; provide fire suppression and other public safety services to their respective co and Whereas, the position of the Fire Chief for Loma Linda is presently vacant and Loma Linda desires to retain professional Fire Administrative Services and oversight for Loma Linda's Fire Department until the position of Fire Chief is filled-, and Whereas, Redlands represents that it has the professional skill and expertise to provide Fire Administrative Services and oversight of Loma Linda's Fire Department on an interim basis; and Whereas, Redlands and Loma Linda acknowledge that it oebeiotheirrespective communities to undertake a cooperative progrofesionam fothe provision of Fire Administrative Services using each of the entities' facilities and pl expertise; Now, therefore, in consideration of the mutual promises contained here, the City of Redlands and the City of Loma Linda agree as follows: 6gfe�mentt I _Section 1. The designated staff of Redlands and Loma Linda nds shal cooLoma operate in the negotiation and preparation of an agreement whereby Redlaand Linda propose to agree to the following: A. Redlands shall provide Fire Administrative Services to Loma Linda, on an as Fire Administrative Services shall needed basis, and as requested by Loma Linda. Such Fire Chief and Redlands' Battalion Chief's include, but not be limited to, Redlands s Fire Department operations. f Lorna Linda administration and oversight o DJM\Agree\MOU City of Loma Linda ISO 01 B. Redlands shall provide the Fire Administrative Services. for a period of approximately ninety (90) days, subject to mutually agreed upon extensions C. Redlands shall be compensated by Loma Linda for the provision of the Fire Administrative Services in an amount estimatedat approximately Nine Thousand Dollars to Ten Thousand Dollars per month for such services. D. Loma Linda, at its sole cost, shall provide all necessary support staff and supplies to facilitate Redlands' provision of the Fire Administrative Services. E. Loma Linda, through its City Manager, shall retain all supervisory control over the members of Loma Linda's Fire Department during Redlands' provision of the Fire Administrative Services. F. Loma Linda shall be obligated to defend, indemnify and hold harmless Redlands and Redlands' elected officials, officers and employees (the "Indemnified Persons") from and against any and all claims, losses, damages, causes of action and liability arising from or resulting in connection with Redlands' provision of the Fire Administrative Services; except for claims, losses, damages, causes of action and liability arising from or resulting in connection with the Indemnified Persons' sole gross negligence or willful misconduct. G. Such other matters as the Parties may agree to effectively and economically carry out the provision of the Fire Administrative Services. Section 2. The representatives of Redlands and Loma Linda who have executed this Agreement represent that they are an official or officer of their respective agencies, and are vested with the authority to execute this Agreement on behalf of their agencies. Executed this 17th day of October, 2006, in Redlands, California. CITY OF LOMA LINDA CITY OF REDLANDS Mayor r Mayo or ATTEST ATTEST By: 41:21 ity Clerk City Clerk DJM\Agree\MOU City of Loma Linda AGREEMENT FOR THE PROVISION OF FIRE ADMINISTRATIVE SERVICES This Agreement for the provision of Fire Administrative Services(the"Agreement")is made this , day of October, 2006 ("Effective Date") by and between the City of Redlands, a municipal corporation and general law city("Redlands") and the City of Loma Linda, a municipal corporation and charter city("Lama Linda"). Redlands and Lama Linda are sometimes individually referred to herein as a "Party" and, together, as the "Parties." Recitals Whereas, both Redlands and Loma Linda are vested with the legal authority to provide fire suppression and administrative services within, and outside of,their respective corporate limits; and Whereas, both Redlands and Loma Linda have established a Fire Department to provide fire suppression and other public safety services to their respective communities; and Whereas,the position of the Fire Chief for Loma Linda is presently vacant and Loma Linda desires to retain professional Fire Administrative Services and oversight for Loma Linda's Fire Department until the position of Fire Chief is filled; and Whereas, Redlands represents that it has the professional skill and expertise to provide Fire Administrative Services and oversight of Lorna Linda's Fire Department on an interim basis; and Whereas, Redlands and Loma Linda acknowledge that it would be beneficial for their respective communities to undertake a cooperative program for the provision of Fire Administrative Services using each of the entities' facilities and professional expertise; Now, therefore, in consideration of the mutual promises contained here, the City of Redlands and the City of Loma Linda agree as fellows: Agreement Section 1. Fire Administrative Services. Redlands shall provide Fire Administrative Services to Loma Linda; on an as needed basis. Such Fire Administrative Services shall include, but not be limited to, Redlands' Fire Chief and certain designated Redlands' Battalion Chiefs'administration and oversight of Loma Linda's Fire Department operations. Section 2. Teri Redlands shall provide the Fire Administrative Services for a period of ninety (90) days from and after the Effective Date of this Agreement, subject to mutually agreed upon extensions, unless earlier terminated as provided for herein. Section 3. Com2e I nsatign. Redlands shall be compensated by Loma Linda for the DJM\Agree\Lorna Linde Fire Admin provision of the Fire Administrative Services in the amount of Nine Thousand Dollars to Ten Thousand Five Hundred Dollars per month [based upon a thirty (30) day month] for such services. Compensation for Fire Administrative Services provided for any partial month during the term of the Agreement shall be pro-rated on a daily basis. Loma Linda shall pay Redlands for the provision of the Fire Administrative Services within twenty(20)days of the date of Redlands' written invoice to Loma Linda requesting payment for such services. Section 4. Support Staff, Loma Linda, at its sole cost, shall provide all necessary support staff and supplies to facilitate Redlands' provision of the Fire Administrative Services. Section 5. Supervisory Control. Loma Linda, through its City Manager, shall retain all supervisory control over the members of Loma Linda's Fire Department during Redlands' provision of the Fire Administrative Services. Section 6. Termination. This Agreement may be terminated by either Party upon five (5) business days prior written notice to the other Party before the date specified for such termination. Section 7. Notices. All notices shall be given in writing by personal delivery or by mail. Notices sent by mail shall be addressed as follows: Redlands Loma Linda Chief Jim Drabinski Dennis R. Halloway City of Redlands City Manager Fire Department City of Loma Linda PO Box 3005 25541 Barton Road Redlands, CA 92373 Loma Linda, CA 92354 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 7. Section 8. Lndemnit . Loma Linda shall defend, indemnify and hold harmless y Redlands and Redlands' elected officials, officers and employees (the "Indemnified Persons") from and against any and all claims, losses, damages, causes of action and liability arising from or resulting in connection with Redlands' provision of the Fire Administrative Services; except for claims, losses, damages, causes of action and liability arising from or resulting in connection with the Indemnified Persons' sole gross negligence or willful misconduct. Section 9. Governing Law.This Agreement shall be governed by and in accordance with the laws of the Sate of California. DJM\Agree4Lorna Linda Fire Admin Section 10. Entire Agreement/Amendment. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved and signed by the authorized representatives of Redlands and Loma Linda. Section 11. Attorneys' Fees. In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by the Parties. Section 12. Authorization. The representatives of Redlands and Loma Linda who have executed this Agreement represent that they are an official or officer of their respective agencies, and are vested with the authority to execute this Agreement on behalf of their agencies. Executed this qday of October, 2006, in Redlands, California. CITY OF LOMA LINDA CITY OF REDLANDS Mayor /7mayor ATTEST ATTEST By: By: City Clerk ity Clerk DJM\Agree\Loma Linda Fire Admin