HomeMy WebLinkAboutFig Garden Fire Protection District Rider No 1RIDER NO.1
TO
FIG GARDEN — CITY OF FRESNO FIRE PROTECTION SERVICES AGREEMENT
This Rider No. 1 is entered concurrently with and modifies the Agreement effective January 1,
2006 entered between the CITY OF FRESNO, a California municipal corporation (City), and
FIG GARDEN FIRE PROTECTION DISTRICT, a political subdivision of the State of
California ("District").
WHEREAS, the District, following consultation with its insurance authority has requested
certain administrative and technical modifications to the Agreement and the parties desire to
modify the Agreement in certain regards and do so by this Rider No. 1.
NOW, THEREFORE, BE IT AGREED THAT the Agreement is hereby modified and
supplemented as follows:
1. District's obligation to maintain the Fig Garden Fire Station is limited to (i) the structural
condition of the buildings at the Fig Garden Fire Station, and (ii) exterior and interior
maintenance of the buildings, including repair of air-conditioning, heating units and roof of the
Station, only at times after City has expended a total of $25,000 annually on such maintenance,
not including cost for grounds maintenance. District shall have no other/further obligation in this
regard.
2. Section 11 of the Agreement is stricken in its entirety and replaced with the following:
"11. INDEMNIFICATION. District shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage) incurred by the City, District or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses),
arising directly or indirectly from the negligent or intentional acts or omissions of District
or any of its officers, officials, employees, agents or volunteers, solely in the performance
of this Agreement.
City shall indemnify, hold harmless and defend District and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but
not limited to personal injury, death at any time and property damage) incurred by City,
District or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising directly or indirectly
from the negligent or intentional acts or omissions of City or any of its officers, officials,
employees, agents or volunteers, solely in the performance of this Agreement.
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In the event it can be proven that there is concurrent negligence on the part of District or
any of its officers, officials, employees, agents or volunteers, and City or any of its
officers, officials, employees, agents or volunteers, the liability for any and all such
claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures,
costs and damages shall be apportioned under the State of California's rule of
comparative negligence as presently established or as may be modified hereafter.
In addition to the foregoing, the City shall indemnify and hold District, its Directors,
officers, employees and volunteers harmless from and against all claims for wages, or
benefits, by City personnel assigned to provide services to or within District hereunder.
City employees shall not be considered as employees of District under any circumstances
or any purpose. City employees shall at all times remain under the direction and control
of the Chief of the Fresno Fire Department. The parties are acting in an independent
capacity under this Agreement.
It is understood and agreed that the above indemnity owed by the District shall not apply
to any and all loss, liability, fines, penalties, forfeitures, cost and damage whether in
contract, tort or strict liability (including but not limited to personal injury, death at any
time and property damage) incurred by the City while City or any of its officers, officials,
employees, agents or volunteers are not performing under this Agreement.
The City and District agree to maintain, at their sole cost, Liability insurance to include
General Liability, Automotive Liability, Public Officials Liability and Professional
Liability for any and all personal injury, death and property damage claims, demands and
actions in law or equity arising out of operations the City or District, their respective
officers, agents, representatives, volunteers or employees in connection with the City's
and District's obligations contained in this Agreement. The policies shall provide
coverage for bodily injury and property damage in an amount not less than $5,000,000
combined single limit, or $5,000,000 per occurrence with a $5,000,000 Annual
Aggregate, or self-insurance programs to fund their respective insurance requirements
contained in this section.
Evidence of Insurance, Certificates of Insurance or other similar documentation shall not
be required of either party under this Agreement.
This section shall survive termination or expiration of this Agreement."
In all other regards, the Agreement shall be of full force from and after the effective date thereof.
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IN WITNESS WHEREOF, THE PARTIES' AUTHORIZED AGENTS HAVE EXECUTED
THIS RIDER NO.1
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APPROVED AS TO FORM:
Hilda Cantu Montoy
City Attorney
By:
Deputy
ATTEST:
REBECCA E. KLISCH
City Cler
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