HomeMy WebLinkAbout2002-386
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RESOLUTION NO. 2002-386
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING TERMINATION OF THE CITY'S PARTICIPATION IN
A CONTRACT WITH THE CITIES OF COLTON, LOMA LINDA, REDLANDS, RIALTO,
AND THE COUNTY FIRE DEPARTMENT AND TO TRANSFER FULL
RESPONSIBILITY AND OWNERSHIP OF THE AIR TRUCK TO REMAINING
PARTICIPANTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. On March 6, 1972 the city established an agreement with cities of Colton,
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Lorna Linda, Redlands, Rialto and the Fire Districts of Bloomington, Fontana, and Muscoy for
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mutual aid in providing of supplemental fire protection services;
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SECTION 2. On August 19, 1980 the Mayor and Common Council authorized the
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execution of a first amendment to agreement with the cities of Colton, Lorna Linda, Redlands,
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Rialto, and the Central Valley Fire Protection District substituting Central Valley Fire Protection
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District as a party in place of the fire districts of Bloomington, Fontana, and Muscoy;
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SECTION 3. On February 7, 1979 the Mayor and Common Council adopted Resolution
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No. 79-54 authorizing an agreement providing for the joint use of an air truck (now referred to as
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Breathing Support 221) by the fire departments. The agreement (attached and incorporated herein
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as Exhibit "A") established that all parties were responsible for the air truck and written notice is
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required of an agency terminating its participation in this agreement;
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SECTION 4. The San Bernardino City Fire Department recently purchased a new breathing
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support apparatus and requests authorization to withdraw from ownership of BS-221;
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SECTION 5. Based on the above, the Mayor and Common Council hereby terminate the
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City's participation in the February 7, 1979 agreement effective after thirty (30) days written notice
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is provided by the Fire Chief.
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2002-386
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING TERMINATION OF THE CITY'S PARTICIPATION IN
A CONTRACT WITH THE CITIES OF COLTON, LOMA LINDA, REDLANDS, RIALTO,
AND THE COUNTY FIRE DEPARTMENT AND TO TRANSFER FULL
RESPONSIBILITY AND OWNERSHIP OF THE AIR TRUCK TO REMAINING
PARTICIPANTS.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the
16th day of December
, 2002, by the following vote, to wit:
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Council Members AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
McGINNIS x
DERRY x
SUAREZ x
ANDERSON x
Me CAMMACK x
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(~uJ' );; ~~
- Rae Clark, City Clerk
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The foregoing resolution is hereby approved this J~n. day of December, 2002.
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Z--L.C.::'f ___
Valles, Mayor
f San Bernardino
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Approved as to form
and legal content:
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James F. Penman,
City Attorney
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By:k f.f~
o
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Exhibit "A';
RT"~O'T""'r'.' "" 7" - <...- y.
~.~.;.., )._-'_..I~'-,_.. ~'_."T _L..~ _..__
2 RESOLU'rrON OF THE CITY OF Sl\:J :SER~'JA~_DINO AlyrHORIZING THE
EXECUTION OF AN AGREEMENT l'il'T" THE CI'TY ('F RIALTO, THE CITY OF
3 COLTON, THE CENTRAL VALLEY FIRE P?OTECTIO:, DISTRICT, AND THE CITY
OF REDLANDS PROVIDING FOR ':HE ,Ton,,;, USE OF 1,N AIR TRUCK BY THE
4 FIRE DEPARTMENTS.
5 BE IT RESOLVED BY THE ~1AYOR ,'.:10 Cm-l,'10N COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLO\'lS:
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SECTION 1. The Mayor of the City of San Bernardino is
8 authorized and directed to execute on behalf of said City an
9 agreement with the City of Rialto, the City of Colton, the Central
10 Valley Fire Protection District and the City of Redlands ?ro-
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11 viding for the joint use of an air truck by the Fire Departments
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of said cities or district, a copy of which is attached hereto,
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marked Exhibit "A" and incorporated herein by reference as fully
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as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a"'7L- a14.//-1:J?"r:. ~w&u meeting thereof, held
on the ;fd- day of ~~~ ' 1979, by the
following vote, to wit:
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AYES:
Councilmen c;!~-L iV.-L/1. ~j~
~~ . ,'7;2' ' -
~.
:.-7ft2--", . A/ { /
/lntd
~ ." ,1' .~
v;7~U~~bu~ .::.,
2]
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NAYS:
-~'i~
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ABSENT:
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25
o<.4h-?c'd/ ~;;;A
~ City Clerk
f'7i day
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of
II The foregoing resolution is hereby
J.Jl\~__, 1979.
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~';73 ~
~'f
1
A G R E E MEN T
--- ----
2
(Air Truck - Joint Use by Fire Departments)
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THIS AGREEMENT is made and entered into this
March
20th
day of
4
, 1979, by and between the CITY OF SAN BERNARDINO
5 a municipal corporation, hereinafter referred to as "San
6 Bernardino", 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
10 District, hereinafter referred to as "Central Valley", and
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the CITY OF REDLANDS, a municipal corporation, hereinafter
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: referred to as "Redlands".
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,
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WIT N E SSE T H:
14 WHEREAS, it is to the mutual advantage of San Bernardino,
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15 iRialto, Colton, Central Valley and Redlands to jointly purchase
16 and maintain certain specialized equipment provided for herein
17 needed for efficient operation of their respective fire department
18 and
19 WHEREAS, it would not be economical for any individual
20 city or fire district to purchase and maintain said certain
21 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 lemergency use twenty-four (24) hours a day,
25 NOW, THEREFORE, in consideration of the mutual covenants,
26 promises, conditions and agreements herein contained, the parties
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hereto agree as follows:
I
,
. . . .
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EXHIBIT "A"
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1. The term of this agreement shall be for a period of
2 one (I) 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.
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2. San Bernardino, Rialto, Colton, Central Valley,
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and Redlands shall purchase and maintain a "high pressure air
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compressor" at an estimated capital cost of $20,000; said equipmen
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to be used by the fire departments of the entities entering
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The estimated cost of the air compressor
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I into this agreement.
i does not include any charge for maintenance of the equipment.
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'Red lands shall mount this high pressure air compressor on a
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,
, suitable vehicle (truck cab-chassis) owned by San Bernardino;
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3.
San Bernardino, Rialto, Colton, Central Valley and
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along with related equipment such as, but not limited to, spare
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,air bottles, electrical generator, electric lights and tools.
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4. The original cost of the high pressure air compressor,
ithe vehicle upon which it is to be mounted, and installation costs
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I: shall be prorated in the following manner:
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City of San Bernardino
To Provide Vehicle
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- Equal Shares of $5,000 each,
or each agency's pro-rata share
if the actual purchase price is
under $20,000.00.
All Others
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All purchases shall be initiated by San Bernardino's
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!Purchasing Department, according to prescribed policy, who will
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!then bill other participants according to the above schedule.
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they are billed upon receipt of the billing.
,
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'original costs of the high pressure air compressor exceeds the
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The participants shall promptly pay thc .:lmount for which
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In the event the
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1 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.
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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 1980. 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:
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FIRES (2 YRS.)
% OF TOTAL
I San Bernardino
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I . 1
I RJ.a to
I Col ton
I Central Valley
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i Redlands
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,
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4,647
46
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1,132
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13
705
7
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2,565
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1,124
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TOTAL
10,173
100
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18 It is understood and agreed by the parties hereto that the
19 jproration computed hereinabove is based upon fire calls for the
20 calendar years 1977 and 1978. For purposes of subsequent year
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(operations under this agreement, the base two year calendar year
period for purposes of the proration computation shall be com-
:puted by dropping the first calendar year and adding the next
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24 ; succeeding calendar year to the base period
(e.g., for the
25 fiscal year 1980-1981, the base period for the computation for
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I: the proration
. shall comoute
I other par:ies
for their shares of such costs. The parties
would be calendar years 1978-1979). San Bernardino
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the maintenance charges hereunder and bill the
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1 so billed shall promptly pay the charges upon receipt of the
2 billing therefor.
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6. The amount of maintenance costs for each succeeding
4 year will be prorated in the above manner no later than February
51st of each calendar year for the following fiscal year by a
6 committee of the Chiefs of the participating fire departments.
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7. In the event of major repairs or unforeseen costs with
8 respect to the maintenance and operation of the vehicle or equip-
9 ment, 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.
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8. The maintenance and repair of the vehicle and high
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"pressure air compressor will be performed by the San Bernardino
Fire Department who shall keep an accounting of the costs of such
!maintenance and repair and apportion the costs to each of the
I .. f h' d h
ipart~c~pants or t e~r prorate s are.
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,
I 9. The vehicle and high pressure air compressor will be
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jhoused in San Bernardino when not in use and will be operated
!by personnel assigned to the San Bernardino City Fire Department
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lor by such others as may be designated by a committee composed of
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Ithe Chiefs of the participating fire departments.
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i The party or parties providing the personnel for the
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2]
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23 !operation of the equipment shall not be entitled to contributions
24 from the other parties for such personnel costs.
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10. The vehicle and high pressure air compressor will be
26 available to all parties hereto on a daily basis for routine fill-
27 ing of air bottles and cascade systems and shall be subject to a
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24-hour per day call for emergencies.
In the event two or morc
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1 demands by different parties hereto arc 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.
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11. 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 Agreement on or prior to the date of termination shall be paid
9 within thirty (30) days after notification by the terminating
10 party. All vehicles and equipment purchased under this agreement
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iwill become the property of the remaining participants. In
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I the event of termination of this agreement by the parties hereto,
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,
I the last remaining non-terminating party shall be entitled
I to the ownership and possession of the equipment and the other
!parties hereto agree to execute and deliver all necessary releases
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or documents of title necessary to place the ownership of the
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vehicle and equipment in the last remaining non-terminating
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'party.
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12. Legal title to the truck and to all installed equip-
20 ment shall be held in the name of San Bernardino during the term
21 of the Agreement.
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13.
In the event one or more of the parties hereto termin-
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ate this agreement as provided aforesaid, then the remaining
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I,parties shall execute a new agreement embodying and setting
I forth the same terms and conditions as this agreement but omit-
~ting the terminating party/parties.
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14. This agreement shall not be assigncd by any of the
28 parties hereto.
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15. Each party hereby agrees to hold the other party, its
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elected officials, officers, agents and employees harmless from
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any liability for damage or claims for personal injury, including
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death, as well as from claims for property damage which may arise
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from the indemnifying party's performance and operations under
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this Agreement.
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None of the parties shall be held responsible or liable to
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the other party for any loss, damage, detention, or delay caused
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by accidents, strikes, lockouts, fire, flood, act of civil or
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military authority or by insurrection or riot or by any other
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cause which is beyond its control.
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I 16. Nothing contained in this Agreement shall be construed
, to make any party hereto or any of its officers, agents, or
I employees the officer, agent or employee of any other party.
I 17.
!
,
'delivered in person or sent by first class mail, postage pre-
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All notices herein required shall be in writing and
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paid, addressed as follows:
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
City of Colton
650 North La Cadena Drive
Colton, CA 92324
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City of Rialto
150 South Palm Avenue
Rialto, CA 92376
City of Redlands
30 Cajon Street
Redlands, CA 92373
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Central Valley Fire Protection District
16980 Arrow Boulevard
Fontana, CA 92335
23
!:
24 IN WITNESS ImEREOF, the parties hereto have executed this
25 Agreement on the date first hereinabove written.
26 / / / / /
27 / / / / /
28 1/ / / / /
/ / / / /
/ / / / /
/ / / / /
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CITY 'JF S.AN BEP~
B~"-' ~
.. 11 _ 0\
ATTEST:
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I: ,'-.' /
.' ../_...:...._''''......'.~.~~.'''... - "r'i .~
,,:::::' '. -.,,: :'J',.c'l'-'z....
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APPROVED AS TO LEGAL FORM:
~~,~
C:i< Y Attorney
CITY OF RIALTO
By:
r"':/'/7/ 7 .
r:;;o l.., ///~.
ATTESjf :
/!
.,_,.... i...,
...... /f"
,
,
,/ it
;l/~
1./ ;/jj I;'
/"- " /~/."Ij~-;'L
/
APPROVED AS TO LECAL FOfu'1:
I
,
I
J-j/ /-
t.. (.. f
CITY OF REDLJI.NDS
'.
Bv:
,
,
-'
ATTEST:
(?fftTf c2. ~~ I/~
JI,PPROVED .AS TO LEt'AL FORM:
~bA t1d~
CITY OF COLTON
~~u.~~~~J!
ATTEST:
/~~I~"tl. ~
APPROVED AS TO LEGAL FORM:
~.?~~
.....
CENTRAL VALLEY FIRE PROTECTION DISTRICT
21
22 By:
R ,
23 Board of Superv'
24
25
26
APPRs%D AS TO LEGAL FORH:
A~ K. Hl\RKS, County Counsel
County of San Bernardino
27 By:
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ATTEST:
)(.. B~ -f'e
' ~~t
CONTRACT TRANSMITTAL
-~ ~-- ~-[ cC7~,~r/I:,'D R
C'JUnty (l'~fl;lrtn1'""(
Special Districts
County Depart:lll"]: ClJ"'trJ , Reple<,<:nt~ll'_"
R'~n'!.';~lll:e i.J Tr:rm
Angela Carman Ph E ~ '. [)'li~
Sud~J~t Urllt No. --I SII) OiJWct r\la. -]''''''/J''JJ''''CJ'' I Ar~lount of Co
0 [J ~---
Check One: r:)<,p"'n,li,~,re Rel,"~I1'.I'O! If co:\tracl h-!; IllCHe Ih"ln one p;ly~enl or re
S.S.A co:nplete the follo/Jing.
0,. Federal Nu'n:)~r of pdym.}nb'
Employ~r 10 = Estlmclled a'~lOunt of each S
Inates
r-j~f'-"\
\;:-""'""~I
~~
\~;!' COUNTY OF SAN BERNAFWINO
\'-,:,:-'/
ntrLlr:t
cel~:,
Contrilctor:City of San Bernardino, City of Rialto, City of Colton, & City of Redland
Contractor's Representative:
Address: Phone:
Nature of Contract: (Briefly describe the gr;!neral terms of the cO:ltract)
Agreement for joint use of air truck by Fire Departments in above
named cities and the Central Valley Fire Protection District.
(/1!:.} '/1 -ii'.; [ransrn;tu! tu al! C{)'J;ract:> nor pO.',tI:wF'd un rIle "S":I/1'-/ !.'o Cont",I::;" ,':n:"
~---------~
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~'::()'.J;1t'. Ci,i';,.~l
r-:l~'.I"\ 'ed <.IS I;, ll'odq"l l!\:':!~H:I:',,(:;
:1,.;1..7,7;;
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-----------~----------'~
C>'-i!~l)' ..'\L!f'I!':I':lr.'~I'_'C: nffi,~,'
1-';"," : '~:
n:?-; ~.. ,
l'll~:UTES OF I'm; l\Oi\IW OF SUl'j;RVISO,ZS
OF SAN BERNi\RDUW COU"TY, C!\LIFORiHi\
RE, AGIIEE. f'79-160' ClTIESOF S.B.,RIALTO COLTO:-: REDLANDS H/cr.11TRAL VLY.
FHz!C.; Tl~PURc~&"USEm~11TGfmiliSS1filliAilfCoTiP--Rr:SS61Z:1\PI'ROV,;j)
^ctip~.. o.s governing body of Central Valley Fire Protection District, on
motir.lll of Supervisor TO\~Tnscnd. seconded ~y Supervisor Hammock. nnd
carried, the Board of Supervisors approv~s Agreement No. 79-160, be-
ti.-lccn the County, on behalf of the District, and the cities of San Bcr-
n.::::::clino, Rialto. Colton and Rcdlands for joint purchase and use of a
hi.gh pressure air compressor; first year cost and maintenance to the
District "ill be approximately $5,250.
PASSED AIm ADOPTED by thc Board of Supervisors of thc County of San
Bernardino. State of California, by the following vote:
AYES:
NOES:
ABSENT,
SUPERVISORS:
SUPERVISORS:
SUPERVISORS:
Hansberger. To~msend. Hammock. Mayfield
None
McElwain (np)
Sf IdE 0:: C^UI'Oil~:I^
( 39 )
CQ:J,':TY 0:' :.;r,N E:R:>.:r\f\':l:NO ss..... .... _r .. aliloIlIL;l. hcr~~; c('rlify t!\C
l. 1\~':rG.;::'l: lriStl'\:\.O;))~ Cler;';' of \h:' [~o"rd of S:J;)::rvl~..JfS o. S-:,n f\~rrl,J...u.:.o COL.n.). C .', "" r
.' , . lo 'cJ Ro~'d of SU'l"rvl':.(!rS. >,;y '\;0.,0
tf"'.D-:>inJ to lo::! ;:, full. 1rl'~ i'I~d correct C'JOJ"/ of 111" rccoll.l 01 the i1Cll(';) t;:l'.,'n "/ sn. ......-
1;\';: r""F.'~2rs p:c"'~n:. t.S t~,,~ s;:.:n~ <'I;>;l:",r5 in the Oflic;iill r.~ill~'t(:S of said CO;lrcl o~ it~; ."e'::hllJ of
.J'lARr.H 1'LJ.9.29 ----
np i~ml;'.r:t: l)lSn:\Rv0~:
Clerk of s,lid [l,l"rtl.
[".,d 3 / 2 679"""
cc: Spec. Dists w/agree;
Contractor w/agree~
Auditor u/agree.
File wi orig. agrce:
.y.~'!?-.f?~~,~~;;_.__._.
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