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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. V4 •3 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. 2 IN WITNESS WHEREOF, THE PARTIES' AUTHORIZED AGENTS HAVE EXECUTED THIS RIDER NO.1 FIG 0 Title ..7'v •` I �I ', , Title: Ctl;kA APPROVED AS TO FORM: Hilda Cantu Montoy City Attorney By: Deputy ATTEST: REBECCA E. KLISCH City Cler By ict✓ 3 0l0 epu y