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HomeMy WebLinkAbout1979-054 . ~. . . . I 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 ~I.' RESOLUTION NO. 79-5'Y RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF RIALTO, THE CITY OF COLTON, THE CENTRAL VALLEY FIRE PROTECTION DISTRICT, AND THE CITY OF REDLANDS PROVIDING FOR THE JOINT USE OF AN AIR TRUCK BY THE FIRE DEPARTMENTS. 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 authorized and directed to execute on behalf of said City an agreement with the City of Rialto, the City of Colton, the Central Valley Fire Protection District and the City of Redlands pro- viding for the joint use of an air truck by the Fire Departments of said cities or district, 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 on the 7?i . a: o:+Z;JJ_J , 1979, by the meeting thereof, held following vote, to wit: Councilmen &f.a...k, L. fVJL ~~.-. ~ ~;iUA~ . . ~d"--~ 4- AYES: NAYS: ABSENT: 4 The foregoing resolution is of J~"'4Llf- ' 1979. ~#?4/~ ./ City Clerk in day hereby ~w~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 ATTEST: 5 6 -~//a a~L: / 7 8 lI.PPROVED AS TO LEGAL FORM: ~~ . ci Y At orney 9 CITY OF RIALTO By: gCI/~ APPRO~D ~--;}nAL FORM~ .dP.I ~ /) . (.. (~Y-~277?(.Z)'/ CITY OF~bS.. /' Gt~ // v//" _ _ .- .-----=.:::-. By:/" .- - ..------ C/ -- ATTEST: (?t;rd'f ~. 'h1~~/~ APPROVED AS TO LEGAL FORM: ~~~~ CITY OF COLTON - --;'~Ib~4t< ATTEST: ~ ~4V' tl. 'JfiZ,:uc/ APPROVED AS TO LEGAL FORM: ~.~L~ '- CENTRAL V~~Y FIRE PROTECTION DISTRICT ,- ! By: ) ar AP~o;n{D AS TO LEGAL FORM: A~K. MARKS, County Counsel County of San Bernardino By: "Original signed By Edward Duddy OeD. County r.nrrncaol'tj ATTEST: /to $;f1':-: 20 21 22 23 24 25 26 27 " 0'. "" ',' f , ~"'j, U I. 1 ~Q~EEM!~! (Air Truck - Joint Use by Fire Departments) 2 3 THIS AGREEMENT is made and entered into this 20th day of 4 March , 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 11 the CITY OF REDLANDS, a municipal corporation, hereinafter 12 referred to as "Redlands". 13 WIT N E SSE T H: ---------- 14 WHEREAS, it is to the mutual advantage of San Bernardino, 15 Rialto, 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 city or fire district to purchase and maintain said certain [specialized fire equipment/and WHEREAS, it is vital to the protection of life and property from fire that certain specialized equipment be available for emergency use twenty-four (24) hours a day, NOW, THEREFORE, in consideration of the mutual covenants, promises, conditions and agreements herein contained, the parties hereto agree as follows: 28 ,..... . . . . . EXHIBIT "A" I, 1 1. The term of this agreement shall be for a period of 2 one (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 and Redlands shall purchase and maintain a "high pressure air 7 compressor" at an estimated capital cost of $20,000; said equipmen 8 to be used by the fire departments of the entities entering 9 into 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 suitable vehicle (truck cab-chassis) owned by San Bernardino; 14 along with related equipment such as, but not limited to, spare IS air bottles, electrical generator, electric lights and tools. 16 4. The original cost of the high pressure air compressor, 17 the vehicle upon which it is to be mounted, and installation costs 18 1 ,shall I I I I 1 1 i I ! be prorated in the following manner: 19 City of San Bernardino - To Provide Vehicle 20 All Others - Equal Shares of $5,000 each, or each agency's pro-rata share if the actual purchase price is under $20,000.00. 21 22 23 All purchases shall be initiated by San Bernardino's 24 Purchasing Department, according to prescribed policy, who will 25 then bill other participants according 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 -2- 25 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. 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 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: 11 FIRES (2 YRS.) % OF TOTAL 12 San Bernardino 46 11 4,647 13 Rialto 1,132 14 Colton 7 705 15 Central Valley Redlands 25 11 2,565 1,124 10,173 16 17 TOTAL 100 18 I It is understood and agreed by the parties hereto that the I proration computed hereinabove is based upon fire calls for the I calendar years 1977 and 1978. For purposes of subsequent year 19 20 21 operations under this agreement, the base two year calendar year 22 IPeriod for purposes of the proration computation shall be com- iputed by dropping the first calendar year and adding the next I !succeeding calendar year to the base period (e.g., for the I fiscal year 1980-1981, the base period for the computation for I the proration would be calendar years 1978-1979). San Bernardino I shall compute the maintenance charges hereunder and bill the I :other parties for their shares of such costs. The parties 23 24 26 27 28 -3- 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 51st 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 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. 12 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 maintenance and repair and apportion the costs to each of the 16 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 20 or by such others as may be designated by a committee composed of 21 the Chiefs of the participating fire departments. 22 The party or parties providing the personnel for the 23 loperation of the equipment shall not be entitled to contributions I 24 from the other parties for such personnel costs. 25 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 28 24-hour per day call for emergencies. In the event two or more -4- 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. 5 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 11 will become the property of the remaining participants. In 12 the event of termination of this agreement by the parties hereto, 13 the last remaining non-terminating party shall be entitled 14 to 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 18 I party. I 12. ment shall Legal title to the truck and to all installed equip- 19 20 be held in the name of San Bernardino during the term 21 of the Agreement. 22 13. In the event one or more of the parties hereto termin- 23 late ~hiS agreement as ipart1es shall execute provided aforesaid, then the remaining 24 a new agreement embodying and setting 25 forth the same terms and conditions as this agreement but omit- 26 Iting the terminating party/parties. 27 14. This agreement shall not be assigned by any of. the 28 -parties hereto. -5- I) 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 S 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 by accidents, strikes, lockouts, fire, flood, act of civil or 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 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 paid, addressed as follows: 18 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 City of Colton 650 North La Cadena Drive Colton, CA 92324 19 20 City of Rialto 150 South Palm Avenue Rialto, CA 92376 City of Redlands 30 Cajon Street Redlands, CA 92373 21 22 Central Valley Fire Protection District 16980 Arrow Boulevard Fontana, CA 92335 23 24 IN WITNESS WHEREOF, the parties hereto have executed this 25 Agreement on the date first hereinabove written. 26 IIIII IIIII IIIII I I I I I I I I I I IIIII 27 28 -6- .-". '.~ '~ .... / COUNTY OF SAN BERNAROINO ~ CONTRACT TRANSMITTAL County Department C07:ACT NUMB"R Special Districts if -I ~ 0 County Department-Contract Representative [J Renewable o Terminates Angela Carman Ph. Ext. . D~te: Bud!Jl:!t Unit No. I Sub-Object No. I Fund No. I Joh No. I Amount o! Co~tract Check One: o Expenditure o Revenue If contract has more than one payment or receipt, S.$A- complete the following. or Federal Number of payments: Employer 10 ;= Estimated amount of each: S Contractor:Ci ty of San Bernardino, City of Rial to, City of Colton, & City of Redland Contractor's Representative: Address: Phone: Nature of Contract: (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. (Attach this transmittal to all contracts not prepared Of} the "Stanr/ard Contract" forn/.) :PP'O'.efi'lSt~1 f':Jm ~ J6!1,Co'Jntv Counsel llZ-i2.?'): 10"1 :l,.A7,7j Reviewed as to budqetexpcnditure ~ County Administrdtive Office P,iye 1 01. ~'::).L'C~;. 1.'), .:")j') - ,. MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA -RE: AGREE. #79-160; CITIES OF S.B.',RIALTO, COLTON, REDLANDS '''' CENTRAL VLY. FlRE; JT. PURCH. & USE m' HIGH PRESSURE AIR COMPRESSOR: APPROVEi) Actinz as governing body of Central Valley Fire Protection District, on-' motion of Supervis.or Townsend, seconded by Supervisor Hammock, and . carried, the Board of Supervisors approves Agreement No. 79-160, be- tween the County, on behalf of the District, and the cities of San Ber- na::dino, Rialto, Colton and RedIands for joint purchase and use of a high pressure air compressor; first year cost and maintenance to the District will be approximately $5,250. PASSED AND ADOPTED by the Board of Supervisors of the County of San Bernardino, State of California, by the follo,~ing vote: -[ AYES: NOES: ABSENT: SUPERVISORS: SUPERVISORS: SUPERVISORS: Hansberger, Townsend, Hammock, Mayfield None 11cElwain (np) l