HomeMy WebLinkAboutNorth Net Training - 2022-08-16 SERVICE AGREEMENT BETWEEN
CITY OF HUNTINGTON BEACH AND NORTH NET TRAINING
AUTHORITY TO TRANSPORT EQUIPMENT
THIS AGREEMENT(the "Agreement")is made as of August,2022,by and between the City
of Huntington Beach("City")and North Net Training Authority("North Net").
RECITALS
A. North Net is a joint powers authority whose members consist of the cities of Anaheim and
Orange and was created to provide a joint training facility for the cities' fire departments.
B. North Net has been using the driver training simulator("Equipment")that both North Net
and the City of Anaheim have determined to be surplus to their needs.
C. The City has determined that the Equipment can be used for training its own fire
department.
D. North Net and the City have determined that it would be in the best interests of their
departments to donate the Equipment simulator to the City for its use pursuant to the terms of this
Agreement.
AGREEMENT
1. AS IS CONDITION.
City agrees to accept the donation of the Equipment in its"as is"condition. North Net makes
no representations, either express or implied, that the Equipment is suitable for any particular
purpose or condition. City shall be responsible for transporting the Equipment and inspecting,
maintaining,and repairing the Equipment.
2. INDEMNITY.
City shall indemnify, defend, and hold harmless North Net, the cities of Anaheim and
Orange and their respective officers,officials,employees and volunteers("Indemnitees")from and
against all liability,loss,damage,expense,cost(including without limitation reasonable attorneys'
fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in
connection with any and all claims arising out of City's loading,transport or use of the Equipment
either by the City or a third-party on and after the date the City takes possession of the Equipment
at North Net's training facility located at 2400 East Orangewood Avenue, Anaheim, CA.
Possession shall be deemed to be with City upon City initiating the loading of the Equipment.
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City shall not be liable to Indemnitees for claims which are caused by the sole active
negligence or willful misconduct of the Indemnitees. City shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the foregoing
provisions are intended to be as broad and inclusive as is permitted by the law of the State of
California and will survive termination of this Agreement. Except for the Indemnitees, this
Agreement shall not be construed to extend to any third-party indemnification rights of any kind,
unless s ecifical pro 'ded herein.
BY
AL ZE
CIT A
TRA Y CCL
IT ADM ISTRATOR
NORTH NE INING AUTHORITY
APP OVED AS TO FORM
BY�
MICHAEL E.GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
Receive and File
City Clerk 30
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