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HomeMy WebLinkAbout10973 I RESOLUTION NO. f; . 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE 3 CITIES OF COLTON, LOMA LINDA, REDLANDS AND RIALTO AND THE FIRE DISTRICTSOF BLOOMINGTON, FONTANA AND MUSCOY FOR MUTUAL AID IN 4 THE PROVIDING OF SUPPLEMENTAL FIRE PROTECTION SERVICES. 5I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with the cities of Colton, Loma Linda, Redlands and 9 Rialto and the Fire Districts of Bloomington, Fontana and Muscoy 10 for mutual aid in the providing of supplemental fire protection 11 services , a copy of which is attached hereto, marked Exhibit "A" 12 and incorporated herein by reference as fully as though set forth 13 at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San Ber- 16 nardino at a r2 ( meeting thereof , held on 17 the day of2i l.. 1972 , by the following vote, 18 to wit: 19 `� ,r 4 AYES : Councilmen L.Ci'Z-Lt 71, 21 NAYS 22 -- ABSENT: � 23 24 , t y k 25 By: > e)hut.Y The foregoing resolution is hereby approved this .day 26 of /1972. 27 f� 28 Mayor of" t e ity of San Bernardino 29 30 Approved as to form: 31f j 32 City At orney G (P) I A G R E E M E N T THIS AGPIU-=t entered into by and bet-ween the Cities of COLTON, LOMA LINDA, PEDL1,0S, RIALTO, and SAN BEPTIPRDINO, all municipal corporations organized and existing under and by virtue of the laws of the State of California. THIS AGRREW T entered into shall also include the fire districts of BLOOi,ZTNGTON, FONTANA, and MNSCOY. W I T N E S S E T H WHEPTAS, the parties hereto are geographically located in close proximity to each other in the County of San Bernardino; and VTTGREAS, it is to the mutual advantage and benefit of the parties hereto that each of the other parties agree to render_ supplemental fire protection in the event of a fire, disturbance or other local emergency of a magnitude that has developed or appears to develop beyond the control of a single party and, therefore, requires the forces of one or all of the other parties hereto; NOW, TT;FREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. The parties hereto are all signatories to that certain agree- mnt entitles "California Disaster_ and Civil_ Defense Master Mutual Aid Agreement" and it is the intention and purpose of the parties in entering into this contract to enter into an agreerrrent covering situations not contemplated by the Master Mutual Aid Agreement and it is mutually, understood and agreed that in the circumstances where the Master Mutual Aid Agreement is applicable, the Master Mutual Aid Agreement shall apply and control and this agreement shall be of no force and effect. 2. In the event of any fire, disturbance or other local emergency which cannot be met with the facilities of one of the contracting parties, the other ccntradting parties agree, upon request, to furnish aid in coping with such disaster or local emergency to the agency requesting such aid upon either an actual or standby basis. The extent of aid to be furnished under this agreement shall be determined solely by the governmental agency or department thereof_ furnishing such aid, and it is understood that the aid so furnished may be recalled at the sole discretion of the furnishing agency. 3. Details as to methods of requesting mutual aid and the names of persons authorized to send and receive such requests, together with lists of equipment and personnel which will be subject to call, will be covered by correspondence between the governmental agencies and the department.-, thereof_ from time to time. 4. Personnel who are furnished will work as far as possible under their own supervisors, and equipment furnished. will ordinarily be operated by personnel of the agency furnishing the equipment. General directions relative to the work will be given by the appropriate officers or persons of the agency receiving such aid. 5. No party to this agreement shall be required to pay any compen- sation to any other party to this agreement for services rendered hereunder, the mutual advantages and protection afforded by this agreement being considered . adequate compensation to all the parties. 6. It is mutually understood and. agreed that this agreement does not relieve any of the parties hereto from the necessity and obligation of providing adequate fire protection within their am areas, and each party hereto agrees that it shall use reasonable diligence in keeping the fire fighting equipment in its possession up to the minimum peacetime standards and require- ments established by the Insurance Service Office for cities and fire districts of comparable size. -2- CD 7. It is further mutually understood and agreed that provisions of this agreement will be -invoked only when, in the opinion of the head of the department of the party requesting aid, it is deemed necessary to request outside assistance because all of the normal facilities at their command have been exhausted and outside assistance is needed to control and suppress a fire, disturbance or other local emergency; or when in the opinion of the department head requesting the aid, one of the other contracting parties can respond more expeditiously. 8. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or-parties shall have any right of action hereunder for any cause whatsoever_. Any services performed or expenditures made in connection with furnishing mutual aid under this agreement by any party hereto shall be deemed conclu- sively to be for the direct protection and benefit of the inhabitants and property of such party. 9. Any party to this agreement may withdraw at any tip, upon thirty days' written notice to each of the other_ parties, and thereafter, such withdrawing party shall no longer be a party to this agreement, but this agreement shall continue to exist among the remaining parties. 10. This agreement shall become effective as between the contract- ing agencies signatory thereto upon their approval and signature of this agreement and upon the furnishing of an executed copy thereof to each of the other contracting agencies and shall continue to be effective except as provided in Section 9 hereof as between the parties signatory thereto regard- less of the fact that other parties have not executed this agreement. IN VaR ESS V=,RF.OF, the parties hereto have executed this agreement on the dates hereafter set forth: -3- Executed by the City of COLTON. , a municipal corporation, this day of /�,y f (' 1972. Mayor ATTEST: City, 'clerk i Executed by the City of San Bernardino , a municipal corporation, this ., �, . = day of , , i 1972. Mayor ATTEST: f City Clerk Executed by the City of R'DLAMS, a municipal corporation, this day of 7- . 1972. ayor ATTEST: eel city I�t Executed by the City of RIALTO, a municipal corporation, 4. this day of _ 1972. r Mayor ATTTST: A Executed by the City of LOMA LINDA, a municipal corporation, this day of _ 1972 iayor ATTEST: City Clerk Executed by BLOOMINGTON Fire District, this 12th day of June , 1972. rgpax r Chaill l z - Board of Su. e - • p rv1S0Y"� Acting in its capacity as the ATTT. Governing Board of BLOOMINGTON L J FIRE PROTECTION DISTRICT Clerk of Board Executed by FONTANA Fire District, this 12th day of June , 1972. o- Cria %Tian - L'oard of Supervisors ActAg in its capacity as the A ��'T�)' Governing Board of FONTANA FIRE 4_--� PROTECTION DISTRICT 7Jt1 N Clerk of B�bar�j Executed by MUSCLY Fire District, this 12th day of June 1972. 'ai�`Qiai - Board of Supervisor�s'a Actin��in its capacity as the 1 A Governing Board Of MUSCOY FIRE • PROTECTION DISTRICT RMX14 Clerk of pbard qd: APPROVED AS 7Q FORM DATE WT NFQRI D D. HERLICK, COUNTY COUNSEL S. N'BERNARDINO C Ui C FORNIA ............. ....... .....----•-----•---• DEPUTY d ,June 12, 1972 - � 1 a MINUTES OF THE BOARD OF SUPERVISORS OF SAN -BERNARDINO COUNTY, CALIFORNIA Ivan Hopkins, Special Districts Coordinator, presents to the Board for appro,� a mutual aid agreement entered into by and between Cities of Colton, •Loma Linda, Redlands, Rialto, and San Bernardino and the fire districts of Bloomir ton, Fontana, and Muscoy and which is approved as to form by County Counsel. Whereupon, acting on the recommendation of the Administrative Office, and acting as governing body of the Fire Protection Districts of Bloomington, Fontana, and Muscoy, on motion by Supervisor Betterley duly seconded by Super visor Beckord and carried, the Board of Supervisors hereby approves the MutuE Aid agreement between Bloomington, Fontana, and Muscoy Fire Protection Dis- tricts and the Cities of Colton, San Bernardino, Redlands, Rialto and Loma Linda, and further authorizes the Chairman to sign, indicating this Board's approval of the terms and conditions therein contained. PASSED AND ADOPTED BY the Board of Supervisors of the Countyof San Bernardino, State of California, by the following vote: AYES: SUPERVISORS: Betterley, Beckord, Ayala NOES: X PERVI SORS: None ABSENT: SUPERVISORS: Mikesell, Smith STATE OF CALIFORNIA ,' `.. "S`. COUNTY OF SAN BERNARDINO�` C.� ss. 1. LEONA RAPOPORT. Clerk oi.the Board of SUpervisors'c.f(s' 'rAernardino County. California. hereby certify the foregoing to be a full. true anti vrrrE.ct copy'of the record of thO,, ido taken by said Board of Supervisors. by vote of the m hers pr t, amp appears in the Official [Minutes of laid Board of its meeting of Tune g ; Dated: June 13, 1�7 2 4 r,. ,' LEONA RAPOPORT Cities; Adm Ofc; Fire Dis};, i `I Clerk of said Board. copy in each Fire Dist.%f5,e ?•{ t� �_ 14-835-103 Rev. 1/72 (,) Deputy