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HomeMy WebLinkAbout2003-130 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. .."", RESOLUTION NO. 2003-130 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO RENEW THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO COUNTY UNINCORPORATED AREAS WITHIN THE CITY OF SAN BERNARDINO'S SPHERE OF INFLUENCE FROM JULY 1, 2003 THROUGH JUNE 30, 2004. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That San Bernardino County Fire Department (County Fire) and the San Bernardino City Fire Oepartment wish to extend their agreement for fire protection and paramedic services to County unincorporated areas for one year; SECTION 2. The Mayor or her designee is hereby authorized and directed to execute a one year extension to said agreement, a copy of which is attached as Attachment A; SECTION 3. Said extension will be for fire protection and paramedic services for the period of July 1, 2003 through June 30, 2004. Said services will be provided in the eight (8) San Bernardino County unincorporated areas, most commonly referred to as "county islands", located within the City of San Bernardino's sphere of influence; SECTION 4. Said one year extension cost shall be two hundred fifty thousand dollars and no cents ($250,000). SECTION 5. The authorization to execute the above referenced one year extension is rescinded if it is not executed within one hundred and twenty (120) days of the passage of this resolution. 1111 1111 1111 1111 1111 1111 1111 1 , , 2003-130 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO RENEW THE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO COUNTY UNINCORPORATED AREAS WITHIN THE CITY OF SAN BERNARDINO'S SPHERE OF INFLUENCE FROM JULY 1,2003 THROUGH JUNE 30, 2004. 2 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on 7 the 16th 8 day of June AYES X X X X X X X , 2003 by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT 9 10 11 ESTRADA LONGVILLE 12 McGINNIS 13 DERRY 14 SUAREZ 15 ANOERSON 16 McCAMMACK 17 ct~. lJ,~ Rac I G. Clark, City Clerk 18 19 20 The foregoing resolution is hereby approved this I'\-"-l-- d.ay'of June _ ,2003. /;J::r~~ ~ -;;-S L '--/.C ~ usan ongvllle, Mayor Pro Tern City of San Bernardino 21 22 23 24 Approved as to form and legal content: 25 James F. Penman 26 City Attorney 27 By: L 7-.t~ o 2 28 Attachment "An. REPORT IRECOMMENDAnON TO THE BOARD OF SUPERVISORS . OF SAN BERNARDINO COUNTY, CAUFORNtA AND RECORD OF ACTION Agreement 01-738 FROM: JULY 10, 2001 PETER R. HILLS, FI/'8 ChiefJFlre Warden SlII1 Bernardino County Consolidated Fire Dl8trict SUBJECT: AGREEMENT BETWEEN COUNTY SERVICE AREA 38, IMPROVEMENT ZONE L, AND THE CITY OF SAN BERNARDINO . FOR . FIRE PROTECTION, EMERGENCY MEDICAL SERVICES IlND AUTOMATIC AID RECOMMENDATION: ActIng as the governing body of County Serilc8 Area 38 (ConsoIidallld FIre), II1l\lR)Vement Zone l, (HlghI8nd Paramedic) approve AgI'll8ll1lll1t No. 01-738 with the City of San BernardIno whereby the CIty provides finl, 1'8lICU8, 8IId 8ITl8Illency mecjlcal services to County Service Area 38 Zone l, In theal'88ll depIcIIld in the agreement. from July 1, 2001 through June 30, 2003, In. the amount of $250,000 per year. BACKGROUND INFORMATION: An exIatIng agreement with the City of San Bernardino to provide 1118 pRltecllon. emergency medical and 8UtomIItlcald .ervtcee to ... withil CSA 38, Zone L, wBI upIre June 30, 2001. Thill agreement provides finl end plll'8medlc'l8Mce8 for the counly ",nd. within .the .el8 of inlluence of the City of San Bem8ldlno th8t are currently under the juriIdlcIIonof CSA 38. Zone L The Agreement will provide finl. reecue, and advanced liflIeupport (ALSlPeramedlc) raPolll8 to these .... by the City, The City of San Bemerdino has five (5) lire statIone In the direct vicinity of the county 1IlIndlI, I/ld can adequalBly II8IV8 these areas. ThlI action will continue the lII'I'BI1g8I1lent frtxn July 1. 2001 thtoutIh June 30. 2003. wIh exlenIIons of addlllonal one-year perfods authorized upon mutuel coneent of the ~. The lIgt88ITI8lIt provIdee that either party ITI8Y terminate the arrangement with 60. days wrllteh. notice. The amount of the aglftment hu been negotlated with the City 8IId Is eubject to I;leing pnxated It the CIty annexes portlona of the dlslrlct during the Ienn of the agreement. REVIEW BY OTHERS: Thll agenda item and contract have been I8Ylewed Counly Counsel (D8nIeI B. Haueter) on May 24, 2001. this item has e110 been I8viewed by the Counly Administrative otIIce (Norm Kanold, Depuly AdmInislr8llve otIIcer), andcoordln8ted with the third Supervisorial DlstricI. FINANCIAL IMPACT: Counly Service Area 38, Zonel, .halI pay the City of SanBematdIno $250,000 per year for each year of the agreement. for finl, ntICUe, and medical aid ....pon... Funda have been ldenIIIIed In the FY 200112002 County ServIce Area 38, Zone L budget for the lIrIt year of the contract. Funds wi also be Included In the dl8lrlct's FY 2002103 budget. SUPERVISORIAL DISTRICT(S): Thln:I PRESENTER: PETER R. HILLS Record of ActIon of the Board of Supervl80rs AGREEMENT.01-738 "ll 'DATED: Ju cc: SBCCfD..HiUsw/S aglUllllIIII for siplllUre Conlrlclor c/o SBCCFD Auditor SaD )'" District EDIPSG-Goss File w/copy of aareement .. ~. ITFU M" AGREEMENT BElWEEN CSA 38, ZONE L. AND THE CITY OF SAN BERNARDINO FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES AND AUTOMATIC AID San Bernardino County Consolidated Fire District ( -=L.- 2, 4J\s Peter. R. Hills, Fire Chief/Fire Warden 157 W, 5th Sf. 2nd Fir, San Bernardino, CA 92415-0451 Signature Page J ~!r~ 05 Da e L LsJ="!:. Date Exhibit "A" , ' 2001-193 't E New Vendor Code Dept. Contract Number M Change SC SPD A 01-738 X Cancel 106 DISTRICT Dept. Orgn. Contractor's Ucense No. San aemardino County Consolidated Fire District County Service Area 38and Countv Service Area 70 DISTRICT Contract Representative Ph. Ex!. Amount of Contract $250,000 FlY Fund Dept. Organization Appr. ObVRev Source Activity GRC/PROJ/JOa Number SGP 290 A78 88,000 2400 SHV 290 A7B , 162..000 2400 . Commodity Code Estimated Payment Total by Fiscal Ve.r FY Amount lID FY Amount I/O Project Name - - FIRE PROTECTION 20021SGP $ 88.000 2003lSGP $ 88,000 SERVICES AGREEMENT 20021SHV $ 162,000 2003lSHV $162,000 - - - - FOR COUNTY USE ONL Y DISTRICT FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between CSA 38 and CSA 70, hereinafler called the District, and Name CITY OF SAN BERNARDINO ATN: JUDITH VAllES, MAYOR Address P. O. BOX 1318 SAN BERNARDINO. CA 92402 hereinafter called CITY Phone (909) 384-5286 Federal 10 No. or Social Security No. IS HEREBY AGREED AS FOLLOWS: (Ule JfNIU 1H!1ow atul addil{OIIol btmd sheets. SIt/arlit sema to H nnderrd. amOWlllO be /HIM. mOMer of paymtfnt. time/oT IHr!iJnMlfCf! Dr camp/dion. dfterml1Ullion of satisfactory performance JJltd Cf1Jl.Jefor termination. oIMr lernu and conditiolU, and atttu:h pllllU. specificaliOllS. lI1Id addemJa, if tI1Iy.) FIRE PROTECTION SERVICES AGREEMENT BETWEEN COUNTY SERVICE AREA 38, COUNTY SERVICE AREA 38, ZONE l, COUNTY SERVICE AREA 70 AND CITY OF SAN BERNARDINO This AGREEMENT is made and entered into by and between COUNTY SERVICE AREA 70 AND COUNTY SERVICE AREA 38, (hereinafter referred to as 'CSA 38'), County Service Area 38. Zone l (hereinafter referred to as CSA 38. Zone L '), and the CITY OF SAN BERNARDINO (hereinafter referred to as 'CITY"). WITNESSETH: WHEREAS. it is the intent of the parties hereto that the fire services in a portion of CSA 38. depicted as on attached map. be furnished to CSA 38 by CITY subject to the terms and conditions contained herein; and. FP Servo CSA 381CSA 38 UCity of San aemardino Pagelof4 2001-193 WHEREAS, it is the intent of the parties hereto that the advanced life support (ALSIParamedic) selVices in a portion of CSA 38 Zone L, depicted on attached map, be furnished to CSA 38 Zone L by City subject to the terms and conditions contained herein; and, WHEREAS, it is the intent of the parties hereto that CITY provide fire protection and ALS/Paramedic selVices to (as noted above) and that CSA 38 and CSA 38, Zone L pay CITY for these selVices. NOW, THEREFORE, it is agreed as follows: 1. CITY will furnish fire protection selVices, including advanced life support (ALS). 2. CITY will furnish fire cause and origin determination including investigations which it furnishes within its own boundaries. 3. CSA 38 will continue to provide fire protection planning and engineering selVices and agrees to provide CITY with copies of commercial and industrial project conditions upon final approval of the projects by the County, 4. COUNTY will make available for CITY's use, the training facility located at the Richard Sewell Training Center (2824 East "E" Street, Bldg. 302, San Bernardino). CITY will have available a minimum of 100 hours of use with no charge for use of the facility. 5. CITY shall submit quarterly during the term of this contract to CSA 38 a report of all fire and ALS/Paramedic selVices provided during the term of this contract. 6. Term - This Agreement shall become effective July 1, 2001 and continue in effect through June 30, 2003. Thereafter, the parties may agree to extend the Agreement for additional one- year periods on the same terms and conditions, 7. Termination- Either party may terminate this Agreement by giving not less than sixty (60) days written notice to the other party of said intent to terminate. 8. CSA 38 and CSA 38, Zone L shall pay the sum of $250,000,00 per year during the term of this Agreement. Such payment by CSA 38 and CSA 38, Zone L to CITY will be made semi-annually in arrears on or before June 30 and December 31 of each year. Should CITY annex all or any portion or otherwise become legally obligated to provide fire protection selVices to any or all at any time during the effective period of the Agreement, CITY and CSA 38 and CSA 38, Zone L, agree to pro-rate the actual reimbursement to CITY for those selVices covered by this Agreement. 9. Indemnification - CSA 38 and CSA 38, Zone L and the County agree to indemnify and hold harmless the CITY. its officers, agents, employees or volunteers from any and all claims, actions or losses. damages, and/or liability resulting from CSA 38's and CSA 38, Zone L's, or the County's negligent acts or omissions which arise from CSA 38's and CSA 38, Zone L's, or the County's performance of its obligations under this agreement. The CITY agrees to indemnify and hold harmless CSA 38 and CSA 38 Zone L, and the County and their officers, employees, agents and volunteers from any and all claims, actions, losses or damages and/or liability arising out of the CITY's obligations under this agreement. In the event CSA 38 and CSA 38, Zone L. and the County andlor CITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the agreement, CSA 38 and CSA 38, Zone L, and the County and/or CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if CSA 38 and CSA 38, Zone L, and the County or CITY attempts to seek recovery from the other for Workers Compensation benefits paid to an employee, CSA 38 and CSA 38, Zone L, and the County and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. FP Servo CSA 38/CSA 38 UCity of San Bernardino Page 2 of 4 2001-193 .' 10, Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the CITY shall secure and maintain throughout the contract the following types of insurance or self-insurance with limits as shown. Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved Self -Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State and California, including Employer's Liability with $250,000 limits covering all persons providing services on behalf of the CITY and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance or Self-Insurance_- This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000), Additional Named Insured - All policies or self-insurance, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder, Waiver of Subrogation Rights - CITY shall require the carriers or self-insurance of the above required coverage's to waive all rights of subrogation against CSA 38 and CSA 38, Zone L, and the County, their officers, employees. agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County, Proof of Coverage - CITY shall immediately furnish certificates of insurance or self-insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and CITY shall maintain such insurance from the time CITY commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the CITY shall furnish certified copies of the policies and all endorsements. Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt. 11, Notices- All notices hereunder shall be in writing and served personally or deposited in the United States Mail, first class, addressed as follows: CITY: San Bernardino City Fire Department 200 E Third Street San Bernardino, CA 92410 FP Serv. CSA 38/CSA 38 UCily of San Bernardino Page 3 of 4 DISTRICT: San Bernardino County Consolidated Fire District Fire Chief/County Fire Warden 157 W. 5th Street, 2"" floor San Bernardino, CA 92415-0450 12. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided, /1/ COUNTY CITY A . ~ ~~,A~.{? ~~~ Frea Agui8r. Chairman, Board of Supervisors Acting in its capacity as governing body of CSA 38. Zone L By ~ City of San Bernardino-' (Print or type name of corporal"?n, cm:npany: con~ctor, etc.) '. / ' ''(..' r.~ '" -" .-- -- v' . - (Authorized signaW,.,..' sign in blue ink) Dated: 'JUL 1 0 2001 Name Judith Valles (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS '~~ENDElIYERED TO THE CHAIRMAN OFTflEcBOARD; '.' " '... _ ;;,., . r- '.'..~ -'~,. ',' '- ., .,' . "-, ~.' C:" ,,'. ~ofthe" lIrd Qf Supervisors / ", (\ ;:P!.iheYllIJI1 '~fSa'~ Be rdino. , '. '. '", ' ;'; 'n; 1 .' -.1<.. Title Mayor Dated: c: c---.('S" 3tf7/ Address: Office of the City Clerk P. O. Box 1318 San Bernardino, CA 92402 Approved as to Legal Fonn ~ ~ ~'~;;d~1 #ccld...t.<-. County C nsel Dale to /,"J.C leI ( I Reviewed by'thtra, ct. Com, pUa nee /'-'. /7 ~ /. 1'-" / --._ - 1_ . vr ,~~:l..--' --'/ v Date (. .. ..2(.. 'I...; I Re~or Processing ~ V_\:..- 'J. \l:\t Agency Administrator/CAO Date b~QI APPROVED AS TO FORM AND LEGAL CONTENT. FP Servo CSA 381CSA 38 LlCity 01 San Bernardino Page 4 014 d,___",__1ab0Iylot...... : .. .c; 11 i -0 Q lD .. ~ .._----~.'-~--;~-: .~. ~ Q Q o ~ it ~ fE ~ .... .-". II liE c:: :~c'" :: .~ [110 I I I"U'''T ",.ror x+ I ... .. ... 1 4hA It ffl . .