1 AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND LINDA FIRE
PROTECTION DISTRICT
FOR FIRE MECHANIC SERVICES
This Agreement for Mechanic Services ("Agreement") is made and entered into between the City of Marysville, a municipal corporation in the State of California (the "City") and the Linda Fire Protection District, a special district of the State of California (the "District"). The City and District are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, The District desires to engage the City to perform the services described herein, and District desires to utilize such services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the District and the City agree as follows:
1. TERM
1.1. The term of this Agreement shall commence on XXXX, 2023, unless agreed to by the Parties for an earlier date (the “Effective Date") and shall continue in full force and effect until terminated in accordance with Section 7.
2. GENERAL SCOPE OF SERVICES
2.1. The City shall provide mechanic/repair services as described in Exhibit A attached hereto and incorporated by this reference herein, for the District. The City will provide records of such repairs.
2.2. Services shall be provided in a manner reasonably satisfactory to the District and in a professional manner in conformance with the standards or quality normally observed by a Fire Mechanic.
2.3. All Services provided for in this Agreement and Exhibit A (Scope of Services) shall be performed by the City.
2.4.The City shall keep timekeeping and estimate repair time prior to a particular request for service.
3. COMPENSATION
The District shall pay the City $125.00 per hour for services provided, which is due and payable by 2 the 20th of the following month the Services are rendered. Parts, fluids or any other goods will be charged to the District plus 5%.
4. FACILITIES AND EQUIPMENT
The City shall furnish the repair facility location, quantity, and time of furnishing those facilities shall be at the sole discretion of the City. The City shall choose to repair the vehicle at a City facility or alternate location at the City’s discretion.
5. RELATIONSHIP OF PARTIES
At all times during the term of this Agreement, the City shall remain an employee of the City. The District will pay the City directly per invoice.
6. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, or overnight courier service during the District's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Jim Schaad, City Manager
City of Marysville
526 C Street
Marysville, California 95901
Email: [email protected]
Tel: 530.749.3901
Fax: 530.749.3992
District:
Kyle Heggstrom, Fire Chief
Linda Fire Protection District
1286 Scales Ave, Marysville, CA 95901
Email: [email protected]
Tel: 530.743.1553
Fax: 530.741.4172
The Parties hereby agree to notify each other in writing of any change in the contact person(s), mailing addresses, email addresses, and/or facsimile numbers. 3 7. TERMINATION
The City shall have the right to terminate this Agreement for any reason with ninety (90) calendar days written notice to the District, with or without cause. The District shall have the right to terminate this Agreement for any reason with ninety (90) calendar days written notice to the City. In the event of such termination, the City shall invoice, and the District shall pay outstanding fee for services completed. The District Shall submit payment by the 20th of the following month the outstanding fee for services completed. All City data, documents, objects, materials, or other tangible things shall be returned to the City within ten (10) business days of the termination or expiration of this Agreement.
8. INDEMNIFICATION
8.1. The District shall indemnify, defend, and hold harmless the City, it’s elected and appointed officials, officers, employees, agents, contractors, and attorneys from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and the costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense to the proportional extent directly or proximately resulting from District's negligent actions or day-to-day operations, or negligent activities undertaken pursuant to this Agreement, except to the extent arising from, or caused by, the negligence or willful misconduct of the City, it’s elected and appointed officials, officers, employees, agents, or contractors.
9. GENERAL PROVISIONS
9.1. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
9.2. The waiver by the City or the District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or of any subsequent breach of the same, or any other term, covenant, or condition herein contained.
No term, covenant, or condition of this Agreement shall be deemed to have been waived by the City or the District unless in writing.
9.3. Each right, power and remedy provided for herein, or now, or hereafter existing at law, in equity, by statute, or otherwise, shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein, or now, or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
4 9.4. If any action at law, or suit in equity, is brought to enforce or interpret the provisions of this Agreement or arising out of or relating to the Services provided by the District under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled. The venue for any litigation shall be in the Superior Court of Yuba County, California or in the United States District Court for the Eastern District of California.
9.5. If any term or provision of this Agreement, or the application thereof, to any person or circumstance, shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid, and be enforced, to the fullest extent permitted by law.
9.6. This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.
9.7. This instrument contains the entire Agreement between the City and the District with respect to the transactions contemplated herein. No other prior oral or written agreement(s) are binding upon the Parties. Amendments hereto, or deviations here from, shall be effective and binding only if made in writing and executed by the City and the District.
9.8. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
9.9. Each person executing this Agreement hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred. 5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
"CITY" "DISTRICT"
City of Marysville Linda Fire Protection District
___________________________ ____________________________ Jim Schaad, City Manager Kyle Heggstrom, Fire Chief
Attest: Attest:
____________________________ _____________________________________ Nicole Moe, City Clerk Bobby Shinn, Chairman of the Board Chair Linda Fire Protection District
Attestation date: ______________ 1286 Scales Way, Marysville, CA 95901 Approved as to form: Approved as to form:
___________________________ ____________________________ Brant Bordsen, City Attorney William D. Ross, District Counsel 6 EXHIBIT A
DESCRIPTION OF SERVICES
EXAMPLES OF WORK
Examples of Work are not intended to be an exhaustive list of all responsibilities, duties and skills. • Processes and tracks repair orders with outside vendors. • Monitors communications to respond to off-site requests for assistance; makes road calls and emergency repairs in the field as needed.
• Maintains communication with members of the Fire Department to ensure apparatus and equipment is properly cared for and maintained.
• Conducts inspections, diagnoses, repairs, and performs routine and preventative maintenance on all fire vehicles and equipment; uses a variety of computer and electronic equipment; conducts research or analyzes data to diagnose fire apparatus problems. • Performs journey-level repair work up to and including major overhauls and repairs of fire apparatus including engines, drive trains, chassis, fire pumps, and hydraulics to ensure they will perform under emergency conditions.
• Inspects fire apparatus to meet acceptable state requirements. • Installs or replaces filters, belts, or other objects to repair equipment. • Uses common hand tools and operates standard office equipment. • Prepares and maintains a preventative maintenance schedule for fire apparatus vehicles. • Enters and retrieves maintenance and repair records on a personal computer. • Performs road tests on vehicles in order to assure proper operating levels. • Performs mathematical calculations and statistical computations for annual service pump testing. • Requisitions or orders replacement parts as necessary. • Develops and reviews specifications for the purchase of new equipment; evaluates all bids from vendors for vehicle and equipment purchases; develops and reviews specifications for outsourcing of maintenance and repair.
• Maintains attendance and punctuality that is observant of scheduled hours on a regular basis.