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HomeMy WebLinkAboutHopland Fire District 2019-07-01c OU No. 1120 - Oct 8 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND HOPLAND FIRE PROTECTION DISTRICT This Memorandum of Understanding ("MOU") is entered in Mendocino County on —3-,s ( , 2019 ("Effective Date") between the City of Ukiah ("City"), a general law municipal corporation and Hopland Fire Protection District ("District"), a California fire protection district formed pursuant to Health and Safety Code Sections 13800 et seq., (collectively the "Parties" and individually "Party"), all of which are organized and existing under and by virtue of the Constitution and the laws of the State of California. RECITALS: 1. On June 19, 2019, the City Council approved transferring title and physical possession to the District of a1995 Pierce Dash Pumper ("Pumper Truck"), which was surplus to the needs of both the City and the Ukiah Valley Fire Protection District. 2. The City Council approved said transfer of title and possession on condition that the City and District enter an agreement that the District use the Pumper Truck in responding to mutual aid or other calls for service within the boundaries of the Ukiah Valley Fire Protection District ("UVFD") and the City, when its use is part of an appropriate response to a call for such mutual aid. 3. The City Council found that such an agreement would provide adequate consideration for the transfer given the market value of the Pumper Truck, when combined with the saving to the City and the UVFD of its ongoing maintenance. NOW, THEREFORE, the Parties agree as follows: 1. The City hereby transfers, and the District accepts, full title to and physical possession of the Pumper Truck in its AS IS condition and assumes full legal responsibility for its ownership and use. The City makes no representation or warranty, express or implied, as to the Pumper Truck's condition or its suitability for use and the District acknowledges that no such representations or warranties have been made and waives and releases the City from any and all liability for the condition or use of the Pumper Truck. 2. The City shall execute and deliver all evidence of title and other documents required by law to perfect said transfer of title and legal responsibility to District and District shall execute any documents required by law to accept such title and responsibility. 3. The District agrees to use and maintain the Pumper Truck to the same standard that applies to its other apparatus. 1 4. As long as the District maintains the Pumper Truck as part of its fleet of vehicles, it agrees to use it in responding to mutual aid or other calls for service within the UVFD or the City, when the District determines, in the sole exercise of its discretion, that its use is an appropriate response to any such call for service. WHEREFORE, the Parties have entered this Agreement on the Effective Date. CITY OF UKIAH By: Sag/ angia, dmo, City Manager HOPLAND FIRE PROTECTION DISTRICT By: 2 g idi /-, 'cam C/1,