HomeMy WebLinkAboutResolutions 86-051 N.C.S. 03/17/1986Resolution No. s6-51 N.~.s.
of the City ofi Petaluma, California
AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO AND
SIGN AN AGREEMENT WITH THE PENNGROVE FIRE DISTRICT
RELATED TO THE FIRE DEPARTMENT TRAINING TOWER
WHEREAS; both the City and the Penngrove Fire District wish to
standardize operations for a sounder mutual aid response; and,
WHEREAS, both parties require a safe, convenient location to train
personnel; and,
WHEREAS, both parties require a training tower in order to carry out
specialized training in evolutions which are regularly required on the fire
ground; and,
WHEREAS, it is deemed beneficial by both parties to cooperate in the
construction of a fire Training Tower to be located at the Petaluma Fire
Station Nb. 2 on North McDowell Boulevard, Petaluma, California; and,
WHEREAS, the construction cost of said Training Tower will be the
sum of $89,500.00;
NOW, THEREFORE, BE IT RESOLVED that the Mayor or City Manager
is hereby authorized to enter into and sign and agreement between the City
of Petaluma and the Penngrove Fire District which is attached hereto as
Exhibit A .
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the. Approved as to
Council of the City of Petaluma at a (Regular) ~i~~~$~i~l) meeting
on the ......a..7..tb..-..... day of ........_.M.a~.X71 ................................... 19..~.~., by the
following vote: •- --........-•---•----•-----•
y Attorney
AYES: CAVANAGH,DAVIS,WOOLSEY, TENCER, VICE-MAYOR BALSHAW,
MAYOR MATTEI
NOES..: ,~
~~
ABSENT:
o e s ~~
ATTEST: -•-- ........... .. .-.... ..-... ... ... .. ..-..-. ........ ...----•--. ......; .-..-.......Y..- -,....-.•...---•-••-----••--•---...........-.......
Clerk Mayor''
Council Fiple~..+ .................•-°-°---..-...
CA 10-55 Res. No. .. p.C,1.-~1......... N.C.S.
f~
V " ~EXH~IBIT A
PETAI;UMA/P~ENNGROUE AGREEMENT
THIS AGREEMENT, made and.ent.ered'~into•,ths day
of ; 198,6, •'ly"•and,between t+he Ctg of Peta
luma, a
municipal corporation., hereinaf't'er referred to as "Clay", and.Penngrove Fire
~. ., ., ~,
Dstrct,~'a public agency,.;, hereinafter called. "Dist<rct";
WHEREAS,- both the~Cty and_~tfie District wish to standardize operations
_., .. :.
for a sounder mutual aid response,; and.,
WHEREAS, both parties require a. safe, convenient location to train
peraonnel,; and,
.~ ~ - .. .
WHEREAS, both parties require a training tower in-order to carry-out
specialized training in evolutions which are regularly required on the fire
ground; and,
WHEREAS,, it is deemed beneficial .by bo;th'partes o'cooperate in the
• construction of a Fire: Training. 'Tower to. be •..located '.at °the PetalumaFire
Stat-ion No. 2 on North .McD'owell Boulevard',. Petaluma.;. California; and,
WHEREAS; the construction co t of said Tranng•Tower-wll be 'the sum
of $89,500.00;
1. Upon executgn of this agreement.,~Distrct shall forthwith pay to '
the City $10,:000.00 to be used toward the constr-uction costs of the new Training.
Tower.
.. ..:..
2. `In consideration for said"payment, District shall have the right to
use said Tower for•the training of District personnel a minimum of thirty-nine
(39) hours per month when the Tower`is not in use'by.;the City or any other
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authorized agency.. The. City shall notify t`he District four weeks in advance
when the City has authorized any~~ofher agency to-use the Tower. If this.pro-
cedure is followed° t°he `Tower and facilities will- not. be available to the
District at that time.
.. .: ....
3. City shall be responsible for.' "the~~~main enance, repair and
.operation of the Tower.,. :However;. should~Dstrict' elect o receive eleven
(:I1%) percent of fees generated b.y rental of the Tower-~.to other agencies, then
D`-istrct~~shall participate~by~tYieaame percentage n the maintenance,
operation and rsepar of~ • they Tower .
4. The costs of r"epars for any damages. to~t~he Tower or related
.. .~: _.
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facilities owned by City', caused by the use~of •the •Tower and such facilities
by Dstr-ct, its 'agents 'and/'or employees shall be paid for by the District.
The actual- repairs-shall be performed-~or caused~to be performed by; the City
in order to`mantan the. r-equir~ed standards~~of the Tower.
5. A fee schedule for use by other agencies shall' be developed by the
City. Should District .elect to receve~f~.ees pursuant to paragraph 3 above,
District shall approve'~the tfee~ scheduleSuch fees shall not be .charged to any
other agency when that ,.agency'`'s training ~j!oint`1y'wth~ City personnel.
6. Scheduling of use of he.Tofaer shall •b,e handled.by the Fire Chief or
his designee. It is unders;tood~••fhat.whle District pis holding a training session,
its personnel will make every~~effort`~to avoid disturbing the activities of the
on-duty crew at Fire Stat`on~ No.'~2.
7. The District shall~ind;emnify, defend,~and hold harmless the City of
.~ . ,...
Petaluma; the City Council, and its employees or agents against all claims,
demands: and liability d`auiage for'` injury or death connected with the Tower
.,
operations. However, this indemnity°~'wilZ~not extend to any loss, damage or
expense arising out ~ o~f tYie sole negligence or willful misconduct ~ of the City
ors the City's employees:
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w e,
'` $. The District shall provide evidence through. _a cer.t,ifcate of
insurance, showing the following cover-`age's 'are in~~effect c _
(a) Wor-kern''. Gompensat ion
- Gompr,ehensve Genera'1
(b) Lability~Insurance
(in the minimum. amount of $1,,000, Q00'. 00')
. _ :,•
The District shall name the `City; its officers', agents and' employees as
additional Insured•n relation to activities or operat ons of the District
resulting from the use of -the Tower'. Such insurance shall be primary and
.. ... .. .. ., m., ,. :. .:. ,.. .
not. contributing with any risuranee or self' insurance maintained by the City.
9. In the event legalyacton is~neces'sary:.to enforce any provision of
this Agreement, the prevailing .party shall be entit'led' to •reasonable attorneys
fees and•legal~costs. _ .
.. ,
This agreement, and~~ eae~h'~'of the`~terms and conditoris_.heYeof., shall inure
to "the benefit of`, and~.be~b,nding.upon, 't he 'heirs,,' successors, executors, and:
assigns of the:partes:'hereto.
Time is of the es`senc~e of this agreement.
ATTEST:
Approved.:
CITY OF '` ~ALUMA, a
munci a ` c r~poration
J
Ma}~ r •or Cty Manager .
Penngrove Fire. District
• By: .
•~ Name 'and Title
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