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HomeMy WebLinkAbout1983-139 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 83-139 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MUTUAL ASSISTANCE AGREEMENT AMONG COUNTY SERVICE AREA # 38, THE CITY OF SAN BERNARDINO, THE CITY OF RIALTO, THE CITY OF COLTON, THE CITY OF LOMA LINDA, THE CITY OF REDLANDS, AND THE CENTRAL VALLEY FIRE PROTECTION DISTRICT RELATING TO THE SHARING OF CERTAIN FIRE EQUIPMENT AND PERSONNEL RESOURCES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City A Mutual Assistance Agreement among County Service Area # 38, the City of San Bernardino, the City of Rialto, the City of Colton, the City of Lorna Linda, the City of Redlands, and the Central Valley Fire Protection District relating to the sharing of certain fire equipment and personnel resources, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adjourned regular meeting thereof, held on the 23rd day of Hay , 1983, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Hobbs, strickler NAYS: None ABSENT: None dfzi?//ll/J/ ~Ab / City Clerk 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 of The foregoing resolution is 11ay , 1983. Approved as to form: Ci&n~~ CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT This AGREEMENT is made as of the day of , 198_ by and between County Service Area II 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 LOMA 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). WIT N E SSE 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. -1- fXHloli ~ CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT NOW, THEREFORE, 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 Uecember 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- sonne 1 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. S. 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- .' CON FIRE AGREEHENT MUTUAL ASSISTANCE AGREEMENT terminated party shall no longer be a party to this AGREEMENT, but this AGREEHENT. 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. None of the parties shall be held responsible or liable to the other party for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, 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 AGREEHENT shall be construed to make any party hereto or any of its officers, agents, or employees, the officer, agent or employ- ee of any other 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 300 N. "D" Street San Bernardino, CA 92401 County Service Area U 38 3800 Sierra Way San Bernardino, CA 92405 City of Loma Linda 11128 Anderson Street Loma Linda, CA 92354 City of Colton 650 N. La Cadena Drive Colton, CA 92324 City of Rialto 150 S. Palm Avenue Rialto, CA 92376 City of Redlands 30 Cajon Street Redlands, CA 92373 Central Valley Fire Protection District P.O. Box 1040 16980 Arrow Boulevard Fontana, CA 92335 IN WITNeSS WHEREOF, the parties have executed this AGREEMENT as of the date first hereinabove written. -3- .~---. ~I , 1983... BY;;:;?k"" L-1<:~//;,-" J, / , 'MAYOR /-7' ~/ '( Ii ~ L _/ .' "' I " CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT Executed by: City of Colton, a municipal corporation, this .:JStiJ day of ~ , 1983. ATTEST: 7"t tL) a, R ,.g.. ) CITY CLERK, COLTON Executed by: City of Loma Linda, a municipal corpora- tio,,-, tpis 14th day of December ,1982. '~S- /J1. ~ / gTY'CL~./7 ,,' Executed by: City of Red1ands, a municipal corpora- tion, this 7th April day of ATTEST: /...~"~"(_I j" ',(. (' CITY jCLERK, /2 ' , ,l../4~' .<' j i.. ) l,.~;bLANDS Executed by: City of San Bernardino, a municipal cor- poration, this 0<6/* day of ~./ , 1983. ~ ATTEST: SHAUtu\ CLARK CITY CLERK, SAN BERNARDINO -4- CITY OF COLTON ~,,~ 1'1 R' CITY OF LOMA LINDA BY: ~/JK-L-- MAYOR CITY OF REDLANDS CITY OF SAN BERNARDINO BY: W. R. HOLCOMB MAYOR - CONFIRE AGREEMENT MUTUAL ASSISTANCE AGREEMENT Executed by: City of Rialto, a municipal corporation this 1st day of Fehrll"ry , 1983. ~" fin 1M.)1~ II. a-Jn~/ CI CL~RK, RIALTO I CENTRAL VALLEY FIRE PROTECTION DISTRICT BY: ROBERT L. HAMMOCK, Chairman, Board of Supervisors, acting in its capacity as the governing authority of the Central Valley Fire Protection District APPROVED AS TO FORM: County Counsel County of San Bernardino BY: DATE: -5- CITY OF RIALTO ~ 1/'':; '~.' ,'/ ~ / '. / / "....---- /,. '.' ,... v::.,/- BY : .-1(/. ,.1.4 ,e (.;<.:vC MAYOR COUNTY SERVICE AREA 38 BY: ROBERT L. HAMMOCK, Chair- man, Board of Supervisors, acting in its capacity as the governing authority of the County Service Area 38 ATTEST: Clerk of the Board of Supervisors BY: TITLE: DATE: