HomeMy WebLinkAboutC-9660-1 - Central Net Operations AuthorityCENTRAL NET OPERATIONS AUTHORITY
A Joint Powers Authority for Fire Training
Fountain Valley • Huntington Beach
18301 Gothard Street • Huntington Beach, CA 92648 • (714) 536-5213
HOLD HARMLESS AGREEMENT
SUBJECT: Hold Harmless Agreement between Central Net Operations Authority, or its
Member Cities, i.e. the Cities of Fountain Valley and Huntington Beach,
(hereinafter, Central Net) address above, and (Agency) City of Newport Beach
1. AGREEMENT
A. WHEREAS, City of Newport Beach (Agency) desires to use Central
Net's property located at 18301 Gothard Street, Huntington Beach, CA 92648 for
the purpose of Central Net rental services for crews to commence on (date)
July 8, 2024 , or as soon as practicable after the execution of this agreement
and terminate on July 13, 2024 , unless terminated earlier in accordance with
provisions of this Agreement. City of Newport Beach agrees to pay, and
Central Net agrees to accept a total payment for its services, the rates and
charges identified in Exhibit "A". The total sum to be expended underthis Agreement
shall not exceed (see Exhibit "A"); and
B. WHEREAS, in exchange for making the property available to (Agency)
City of Newport Beach for such purposes, (Agency)
City of Newport Beach desires to hold harmless Central Net from any claims
and/or litigation arising out of (Agency) City of Newport Beach use of the
property.
C. NOW THEREFORE, in consideration of the mutual covenants and conditions
contained herein, Central Net and (Agency) City of Newport Beach hereby
agree as follows:
2. TERMS
A. HOLD HARMLESS. (Agency) City of Newport Beach shall fullydefend,
indemnify and hold harmless Central Net, its officers, directors, employees,
contractors and volunteers from any and all claims, lawsuits, demands, causes of
action, liability, loss, damage and/or injury of any kind whatsoever (including without
limitation all claims for monetary loss, property damage, equitable relief, personal
injury and/or wrongful death), whether brought by an individual or other entity, or
imposed by a court of law or by administrative action of any federal, state, or local
government body or agency, arising out of, in any way whatsoever, any acts,
omissions, negligence or willful misconduct on the part of the above named
organization, its officers, cadets, personnel, employees, contractors, invitees, or
volunteers.
Hold Harmless Agreement
Page 2
B. AUTHORITY TO ENTER AGREEMENT. Each Party warrants that the individuals
who have signed this agreement have the actual legal power, right and authority
to make this agreement and bind each respective party.
C. AMENDMENT/MODIFICATION. No supplement, modification or amendment to
this agreement shall be binding unless executed in writing and signed by both
Parties.
D. APPLICABLE LAW. This agreement shall be governed exclusively by the laws
of the State of California.
APPROVED AS yTO F RM:
CITY ATT�Y'S FICE
g;IT IC ' A�qbn C. Harp, City Attorney
to Ut.)ay 'br,
On behalf of (Agency) City of Newport Beach by authority of:
Signature: Title: F/%Lt'
Print Name: r j3vyCCsS Date: 97 /o z /2 o�y
On behalf of Central Net by authority of:
Signature: Title: Fire Chief
Print Name: Scott Haberle Date:
Attest
r
4y
Leilani I. Brown, MC, City Clerk
Date: 7•
EXHBIT "A"
(Agency) City of Newport Beach will pay the
City of Huntington Beach on behalf of Central Net Operations Authority ("CNET").
The rental services at CNET will be on (Date) July 8, 2024 - July 13, 2024
Based on the Central Net Operations Authority User Fee Schedule Effective Date April 2,
2024:
• F-174: $150/hour x 8 hours x 6 days = $7,200/2 = $3,600.00
• F-270: $2,775/day x 6 days = $16,650/2 = $8,325.00
The cost of materials (pallets) will be included in the invoice based on the amount
of pallets used at the end of the burn training. The final invoice will be sent to the
(Agency) by Tuesday, July 16, 2024
Total = $11,925.00 plus cost of material