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AMENDMENT NO. 4 TO SERVICE AGREEMENT FOR FIRE PROTECTION
AND EMERGENCY SERVICES
FRESNO, a charter city and mun¡cipal corporation hereinafter referred to as "CITY," and the
NORTH CENTRAL FIRE PROTECTION DISTRICT, a Califomia fire protection district,
organ¡zed and operated pursuant to the Fire Protection District Law of 1987, Health and Safety
Code, Sections 13800, et seq., hereinafter refened to as "DISTRICT," the promises and
agreements of each being in consideration of the promises and agreements of the other.
RECITALS
WHEREAS, CITY and DISTRICT entered into a Services Agreement for Fire Protection
and Emergency Services, dated December 20, 2006 as amended Decembe¡ 19, 20O7, June 1,
2008, and August 19, 2008 (collectively refened to as the "Agreement"); and
WHEREAS, CITY and DISTRICT, following consultation with DISTRICT'S insurance
provider jointly desire to modify the Agreement in certain regards, upon the terms and
conditions herein.
WHEREAS, CITY and DISTRICT desire to modify the mutual indemnity provision found
in the Agreement at Paragraphs 7.4 and 7.8 with regard to Automobile Liability.
NOW THEREFORE, in consideration of the above recitals, which recitals are contractual
in nature, the mutual promises herein contained, and for other good and valuable consideration
hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows:
1. Paragraph 7.4. of the Agreement shall be replaced with the following:
The CITY shall indemniff, hold harmless and defend DISTRICT and each of its
officerc, 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
DISTRICT, CITY or any other person, and from any and all claims, demands and actions in
law or in equity (including attomey's fees and litigation expenses), arising or alleged to arise
directly or indirectly from the negligent or intentional ac'ts or omissions of CITY or any of its
officers, officials, employees, agents or volunteers in the performance of this Agreement;
except that, with respect to automobile liability claims, the CITYS obligation to indemnify,
defend or hold harmless the DISTRICT, its ofücers, officials, employees, agents and
volunteers from any loss, liabilityr, 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 DISTRICT, CITY or any other person, shall be limited
to those claims arising from, or alleged to arise directly or indirectly from, the gross
negligence or intentional acts or omissions of CITY or any of its ofücers, officials,
employees, agents or volunteers involving automobiles owned by the DISTRICT. With
respect to such automobile liability coverage, the DISTRICT agrees to maintain its own
liability policy as the primary insurance for DISTRICT vehicles, and the CITY, other than the
indemnification obligation contained ¡n this paragraph, shall have no obligation to maintain a
separate liability policy for DISTRICT vehicles.
1377878v1/ 14650.0001 NCFPD-COF Amendment No. 4 Page 1 of 3
2. Paragraph 7.8. of the Agreement shall be replaced with the following:
The 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 CITY,
DISTRICT or any other person, and from any and all claims, demands and actions in law or
in equity (including attorney's fees and litigation expenses), arising or alleged to arise
directly or indirectly from the negligent or intentional acts or omissions of DISTRICT or any
of its officers, officials, employees, agents or volunteers in the performance of this
Agreement; except that, with respect to automobile liability, the DISTRICI-S obligation to
indemniff, defend or hold harmless the CITY, its officers, officials, employees, agents and
volunteers from any 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) incuned by the CITY, DISTRICT or any other person, shall be limited
to those claims arising from, or alleged to arise directly or indirectly from, the gross
negligence or intentional acts or omissions of DISTRICT or any of its officers, officials,
employees, agents or volunteers involving automobiles owned by the CITY. With respect to
such automobile liability coverage, the CITY agrees to maintain its own liability policy as
primary insurance for CITY vehicles, and the DISTRICT, other than the indemnification
obligation contained in this paragraph, shall have no obligation to maintain a separate
liability policy for CITY vehicles.
3. ln all other regards, the Agreement shall be and remain in full force and effect.
lN WITNESS WHEREOF, the parties have executed this Amendment No. 4 to
Agreement at Fresno, California, the day and year first above written.
1377878v1/ 14650.0001 NCFPD-COF Amendment No. 4 Page 2 of 3
CITY OF FRESNO,
a municipal corporation
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
NORTH CENTRAL FIRE PROTECTION
DISTRICT, a Califomia fire protection district
By:
Name: Ken Abrahanian
Title: Board Chaír
Board Secretary
APPROVED AS TO FORM:
Baker
By:
Protection District
ATTEST:
WONNE SPENCE
City Clerk
I Belluonini
Deputy City Attomey
1377878v1/ 1¡t65o.ooof NCFPD-COF Amendment No. 4 Page 3 of 3