HomeMy WebLinkAboutContracts & Agreements_232-2006_CCv0002.pdf MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDLANDS
AND THE CITY OF LOMA LINDA
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")
and the City of Loma Linda, a municipal corporation and charter city ("Loma Linda").
Redlands and Loma 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 Loma 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 follows:
Agreement
Section 1. The designated staff of Redlands and Loma Linda shall cooperate in
the negotiation and preparation of an agreement whereby Redlands and Loma Linda
propose to agree to the following:
A. Redlands shall provide Fire Administrative Services to Loma Linda, on an as
needed basis, and as requested by Loma Linda. Such Fire Administrative Services shall
include, but not be limited to, Redlands' Fire Chief and Redlands' Battalion Chiefs
administration and oversight of Loma Linda's Fire Department operations.
DJM\Agree\MOU City of Loma Linda
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 estimated at 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 /7—Mayor
ATTEST ATTEST
By:
City Clerk tity 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 qday 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("Loma Linda"). Redlands and Loma 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 Loma 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 follows:
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. IM 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. Compensation. Redlands shall be compensated by Loma Linda for the
DJM\Agree\Lorna Linda 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. Indemnity. Loma Linda shall 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.
Section 9. Governing Law.This Agreement shall be governed by and in accordance
with the laws of the Sate of California.
WMAgreekLoma 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