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HomeMy WebLinkAboutReso - CC - 115-1998RESOLUTION 115-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING FIRE APPARATUS SHARING AGREEMENT WITH SOUTH COUNTY FIRE AUTHORITY AND THE CITY OF DALY CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the South County Fire Authority owns an aerial ladder truck that it has placed in reserve status; and WHEREAS, South County is willing to share the ladder truck with the Cities of Burlingame and Daly City; and WHEREAS, Burlingame's contribution to the sharing agreement would be to provide semi- annual service of the ladder truck; and WHEREAS, the proposed agreement will be a cost effective means of delivering training and service to the communities involved, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf 2. The City Clerk is directed to witness the of the City. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 2nd day of NOVEMBER ,1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE FIRE APPARATUS SHARING AGREEMENT This Agreement is made and entered into as of the day of , 1998 by and between South County Fire Authority hereinafter called "SOUTH COUNTY", the City of Burlingame through the Burlingame Fire Department and the City of Daly City through the Daly City Fire Department hereinafter called "DEPARTMENTS". RECITALS This Agreement is entered into with reference to the following facts and circumstances: 1. SOUTH COUNTY currently owns an aerial ladder truck which it has placed in reserve status. DEPARTMENTS have indicated a need for such a vehicle and expressed an interest in a fire apparatus sharing agreement so as to allow for use of the reserve aerial ladder truck by both DEPARTMENTS when it is not in service for SOUTH COUNTY. B. SOUTH COUNTY is interested in such a fire apparatus sharing provision so as to generate additional revenue for SOUTH COUNTY while allowing it to retain sole ownership of and first priority for usage of the reserve aerial ladder truck. C. SOUTH COUNTY and DEPARTMENTS elect to enter into a fire apparatus sharing agreement upon the terms and conditions as hereinafter set forth. Equipment. Reserve aerial ladder truck (Truck Co. 113), GSO 1238, (VIN 1K9AF6482NN058487). The aerial ladder truck is a 1991 KME 110' aerial ladder truck. The aerial ladder truck is 43' in length and 67,600 GVW. The aerial ladder truck is fully compartmentalized, with an enclosed cab capable of seating six fire fighters. It has a pre -plumbed waterway capable of a 1,000 GPM flow. The aerial ladder truck also has a 6 KW ONAN built-in diesel generator. The reserve aerial ladder truck carries a minimum compliment of 165' of ground ladders, pike poles, trash hooks, fittings required for ladder pipe usage, Hurst rescue tool spreaders, power unit and reel, axes and related hand tools, portable fire extinguishers (water, dry powder and Cot) one smoke ejector, and four Sigtronic Headsets for intercom use. 2. Usage. (A) In January of each year, the Training Battalion Chiefs of each agency shall develop a maintenance schedule for their front line aerial trucks that will minimize scheduling conflicts for use of the reserve aerial ladder truck during the year. (B) Each agency may utilize the reserve aerial ladder truck as a front-line vehicle. (C) SOUTH COUNTY shall have the right to request return of the reserve aerial ladder truck if it has been in use by DEPARTMENTS for a consecutive seven-day time period or SOUTH COUNTY has experienced a breakdown in its front-line aerial ladder truck necessitating use of the reserve aerial ladder truck. SOUTH COUNTY shall notify the appropriate agency of its need for usage and the reserve aerial ladder truck shall be returned within 24 hours. Storage. When not being used by DEPARTMENTS, the reserve aerial ladder truck shall be stored at SOUTH COUNTY Fire Station No. 14 unless DEPARTMENTS and SOUTH COUNTY agree to other storage arrangements. 4. Inspections. SOUTH COUNTY shall have the right to inspect the reserve aerial ladder truck at any time when stored or housed at DEPARTMENTS. Training. SOUTH COUNTY shall be responsible to train DEPARTMENTS in regard to operating and maintaining the reserve aerial ladder truck. Training shall include, but is not limited to, operational driving and aerial ladder truck use, and maintenance procedures. DEPARTMENTS shall provide at least one supervisor who will be responsible to train fire apparatus driver/operators from within their agency. 6. Payment. (A) Daly City (1) The City of Daly City shall pay to SOUTH COUNTY $4,500 annually for usage of the reserve aerial ladder truck. The date for this payment shall be unless the City of Daly City and SOUTH COUNTY agree to other payment arrangements. (B) Burlingame (1) The City of Burlingame shall provide for semi-annual service of the reserve aerial ladder truck including, but not limited to, brake service, oil and lubrication service, water, air and fuel filters, and tune-up. Repairs or service provided within a year shall not exceed a value of $4,500. (C) DEPARTMENTS and SOUTH COUNTY (1) Each agency shall pay one-third the cost of annual aerial ladder testing for the reserve aerial ladder truck in an amount not to exceed $750.00 each. The date for this payment shall be unless DEPARTMENTS and SOUTH COUNTY agree to other payment arrangements. 7. Term of Agreement. The Agreement shall commence upon execution and shall continue for five years or until terminated by thirty (30) days written notice by any party; which ever date occurs first. Termination by one of DEPARTMENTS shall not preclude the other DEPARTMENTS from entering into negotiation with SOUTH COUNTY to continue the Agreement. Authorization and Termination. This Agreement becomes effective when endorsed by all parties in the space provided below. 9. Relationship of Parties. It is understood that no employment relationship is created between the agencies or their employees pursuant to this Agreement. 10. Non -Assignment. This Agreement is not assignable either in whole or in part. 11. Amendments. This Agreement may be amended or modified only by written agreement signed by all three parties. 12. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable expenses of litigation of the successful party. 14. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. No party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached, no party shall be deemed the prevailing party for purposes of the settlement, and each party shall bear its own legal costs. 15. Entire Agreement. This document comprises the entire Agreement. 16. Indemnity. Pursuant to Government Code Section 895.4: the City of Daly City shall defend, indemnify, and hold SOUTH COUNTY and its officer and employees harmless from any and all claims and liabilities related to or as a result of the City of Daly City's usage of the reserve aerial ladder truck; the City of Burlingame shall defend, indemnify, and hold SOUTH COUNTY and its officers and employees harmless from any and all claims and liabilities related to or as a result of the City of Burlingame's usage of the reserve aerial ladder truck. The City of Daly City shall monetarily compensate SOUTH COUNTY for any and all damage to the reserve aerial ladder truck related to or as a result of the City of Daly City's usage of the reserve aerial ladder truck. The City of Burlingame shall monetarily compensate SOUTH COUNTY for any and all damage to the reserve aerial ladder truck related to or as a result of the City of Burlingame's usage of the reserve aerial ladder truck. If the reserve aerial ladder truck is involved in an accident or suffers a breakdown during use by one of the DEPARTMENTS, the DEPARTMENT using the reserve aerial ladder truck shall notify SOUTH COUNTY immediately. No repairs, other than those of an emergency nature — such as repairs that would allow the reserve aerial ladder truck to continue to operate at the scene of an emergency incident, or that would allow it to be moved to a repair site - shall be made to the reserve aerial ladder truck without the permission of SOUTH COUNTY. For purposes of this paragraph, notification of SOUTH COUNTY shall be orally to the on -duty SOUTH COUNTY Battalion Chief No. 4. 17. Insurance. Each of the DEPARTMENTS shall take out and maintain during the life of this Agreement such bodily injury liability and property damage liability insurance as shall protect each of the DEPARTMENTS while using the reserve aerial ladder truck covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from its own usage. The amounts of such insurance shall be at least one million dollars ($1,000,000.00) combined single limit bodily injury and property damage for each occurrence. All or part of this insurance requirement may be satisfied by self insurance that is disclosed to and approved by SOUTH COUNTY. DEPARTMENTS shall not commence usage of the reserve aerial ladder truck under this Agreement until the requirements of this paragraph have been met. DEPARTMENTS shall furnish SOUTH COUNTY with certificates of insurance evidencing the required coverage, if any, SOUTH COUNTY shall be named as additional insured in the liability policy, if any, with regard to the usage of the reserve aerial ladder truck by DEPARTMENTS under this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days notice must be given, in writing, to SOUTH COUNTY of any pending reduction in the limits of liability or of any cancellation or other reduction in the policy. Any insurance shall be with insurance carriers that are licensed to do business in and in good standing in California and have a BEST rating of A-10 or better. 18. Notice. All notices required by this Agreement, except as noted, above, shall be given to SOUTH COUNTY and DEPARTMENTS in writing, by first class mail, postage prepaid, addressed as follows: SOUTH COUNTY: South County Fire Authority 600 Elm Street San Carlos, CA 94070 Att: Fire Chief DEPARTMENTS: Burlingame Fire Department 1399 Rollins Rd. Burlingame, CA 94010 Att: Fire Chief Daly City Fire Department 10 Wembley Dr. Daly City, CA 94015 Att: Fire Chief IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. Dated: SOUTH COUNTY FIRE AUTHORITY Chairperson, South County Fire Commission Dated: APPROVED AS TO FORM Legal Counsel, South County Fire Authority Dated: CITY OF BURLINGAME City Manager c:\wpdocs3\scflequipsh. agt Sharing Agreement Signature Page Continued APPROVED AS TO FORM City of Burlingame Legal Counsel CITY OF DALY CITY City Manager City of Daly City Legal Counsel c:\wpdm3\scflcquipsh.agt