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CONTRACT 7497 OtherAgreement No. 7497 FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LOAN AGREEMENT This Agreement is entered into on January 1, 2026 ("Effective Date") by and between the City of Manhattan Beach and the City of El Segundo (referred to herein individually as a "Party" and collectively as the "Parties"), each of which is a California municipal corporation. RECITALS A. Each of the Parties provides fire suppression services to its residents and maintains an inventory of equipment for the purposes of doing so. B. From time to time, an agency may have essential apparatus and equipment which requires repair or maintenance and thus have equipment temporarily unavailable for deployment. C. Other Parties ("Lending Party") may have equipment which is redundant or otherwise unnecessary for immediate deployment in their own jurisdiction, which could, at the sole discretion of such a Party's fire chief, be made available for loan to a Party in need ("Borrowing Party"). D. The purpose of this Agreement is to facilitate such a loan arrangement between Parties hereto. AGREEMENT 1. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Agreement: "Borrower" means a Party using or possessing apparatus and/or equipment from a Lender. "Lender" means a Party lending apparatus and/or equipment to a Borrower. 2. Loan of E u,i rnent. With the consent of the Lender's fire chief, any Party may lend to the other Party essential apparatus and equipment pursuant to the terms and conditions of this Agreement and such other terms and conditions, not inconsistent with this Agreement, as the Lender's fire chief deems appropriate. In the event that the Lender experiences emergency conditions necessitating return of loaned apparatus and/or equipment, both Parties will work to return the apparatus/equipment within twenty-four hours of receiving notice. Both Parties will complete an inventory form and confirm the condition of vehicle and/or equipment on loan. A form "Attachment A", shall be completed by Borrower and Lender at the beginning and end of the loan period. Page 1 of 7 Agreement No. 7497 3. Orientation/Training. If the apparatus and/or equipment are the same as that used and possessed by the Borrower, the Lender will provide an orientation of unique characteristics to a trainer from the Borrower to enable safe operation of the loaned apparatus or equipment. If the Borrower does not use the same type of apparatus or equipment, the Borrower will supply a trainer to be trained in the safe use of the equipment by the Lender's representative. In any case the Borrower's trainer is responsible and must ensure that Borrower's personnel are trained in the proper and safe operation of the loaned apparatus or equipment. 4. Care and Condition of Apparatus/Equipment. The Borrower must ensure at its expense that the apparatus/equipment is routinely maintained in compliance with the recommendations of the manufacturer and returned to the Lender in the same or better condition that it was received in, 5. Term of Agreement. This Agreement will commence on the Effective Date. The initial term of this Agreement is five (5) years. The term will automatically renew on an annual basis at the end of the initial term unless terminated by mutual agreement of the Parties sixty (60) days before the anniversary date. 6. Termination. Any Party may terminate this Agreement at any time with twenty- four (24) hours of written notice to the other Party. If the Agreement is terminated, all equipment on loan must be returned within twenty-four hours of such notification. 7. Indemnification. a. Each Party releases the other Party to this Agreement from all liability to itself, its officials, officers, employees, agents, and volunteers, for any claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement. Each Party bears sole responsibility for any loss with the following exception: any Borrower agrees to indemnify and hold the Lender harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Borrower's use or possession of the apparatus or equipment. Should the Lender be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of Borrower's use or possession of Lender's apparatus or equipment, Borrower will defend Lender (at Lender's request and with counsel satisfactory to Lender) and will indemnify Lender for any judgment rendered against it or any sums paid out in settlement or otherwise. b. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. c. The requirements as to the types and limits of insurance coverage to be maintained by the Parties are not intended to, and will not, in any manner Page 2 of 7 Agreement No. 7497 limit or qualify the liabilities and obligations otherwise assumed by the Parties pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 8. Insurance. Any Borrower must have general liability insurance with an insurance company authorized to do business in California with policy limits of not less than $1,000,000 per occurrence, and $2,000,000 aggregate. The Lender must be named as additional insured on said policy and be entitled to at least thirty days advance written notice of the cancellation of said policy. The Borrower must provide written proof of insurance before delivery of any equipment to be borrowed. With the consent of the Lender, the Borrower may substitute self-insurance for the policy requirements of this section. 9. Modification. This Agreement constitutes the entire agreement between the Parties and supersedes any other agreements, oral or written. No promises, other than those included in this Agreement, shall be valid. This Agreement may be modified only by a written agreement executed by all the Parties. 10.Assignment. The Parties understand that their status as public entities are primary inducements for each to enter into this Agreement. For this reason, the Parties agree that they will not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or transfer any portion of this Agreement will be void. 11. Notices. All notices required by this Agreement must be in writing and given to the Parties at the following addresses: City of Manhattan Beach Fire Department 1400 Highland Avenue Manhattan Beach, CA 90266 City of El Segundo Fire Department 314 Main Street El Segundo, CA 90245 12. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Superior Court. 13.Interpretation. This Agreement shall be interpreted as though prepared by all Parties. 14. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. Page 3 of 7 Agreement No. 7497 15. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that representations by any Party not embodied herein, and any other agreements, statements, or promises concerning the subject matter of this Agreement, not contained in this Agreement, are not valid and binding. Any modification of this Agreement will be effective only if it is in writing and signed by the Parties. Any issue with respect to the interpretation or construction of this Agreement is to be resolved without resorting to the presumption that ambiguities should be construed against the drafter. 16. Facsimile or electronic signatures. The Parties agree that agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission or electronic signature. Such facsimile signature or electronic signature will be treated in all respects as having the same effect as an original signature. 17. 'Counterparts. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. Page 4 of 7 Docusign Envelope ID: 93782F09-DDE4-4CD5-9659-B3FF2153EF23 Agreement No. 7497 IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day and year first shown above. City of Manhattan Beach, a California municipal corporation •----Signed bye "v�om, BY: Name: Talyn Mirzakhanian Title: City Manager Date: 12/30/2025 ATTEST: DocuSigned by B ea fia.w txrx) Cif Y __... Name: Liza Tamura Title: City Clerk Date: 12/30/2025 APPROVED AS TO FORM: DocuSigned by: By: k......�. Name: Quinn M. Barrow Title: City Attorney Date: 12/30/2025 APPROVED AS TO CONTENT. - Signed by: BY......_�u Name: Jesse Alexander Title: Fire Chief Date: 12/17/2025 City of El Segundo, a California municipal corporation By: Name: Darrell George Title: City Manager Date: ATTEST: i>v Nan e. Susan Truax Title: City Clerk Date: i yl j1 I7s- APPROVED AS TO FORM: Name: Mark D. ley Title: City Attorney Date: I -.)— I I — 2 "` APPROVED AS TO CONTENT: f Title: Ae ->`-ih1 n �r C Date: , 2 _ 1,7 , 2 Page 5 of 7 Agreement No. 7497 Attachment A Vehicle Checklist City Vehicle Number: Vehicle Make and Model: Operator Name: Department: Beginning Odometer: Ending Odometer: Date Out: Date In: _..,. _ ............ ............. Out Initial In Initial Fuel Levu _ ..._ _ �.... Vehicle Exterior ................ _. .......................- ............. _ ... Light Reflectors ........ Tires/Wheels Seats Conditions Instrum ent Cluster _ ... Radio Equipment MDC Operable ....._ Wipers _----- .. ................ . _,,,..�. ...,.....�.. ............ Hor Page 6 of 7 Agreement No. 7497 ............. _,,,,_ ..... ....... _ ...._ Brakes ..� ............._ .............. ............ .... Transmission ... ... A/C -Heater Other ............. Special Equipment Descri tion Condition p ... . ....... ................ m ...... Out ... Condition in Comments: If you suspect a mechanical problem: Stop Vehicle Immediately (Do NOT Drive) Park in a safe location and contact the on -duty Chief Officer of the borrowing party to coordinate with the lending on -duty Chief Officer for towing instructions. After hours, contact Van Lingen Towing at (310) 370-4533 Operator Name: Operator Signature: Lender Name: Lender's Signature: Borrowing Dept (circle one): MBFD or ESFD Date: Lending Dept (circle one): MBFD or ESFD Date: Page 7 of 7