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HomeMy WebLinkAbout2003-232 , . I 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. 2003-232 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN MANUEL BAND OF MISSION INDIANS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. On December 6, 1999 the Mayor and Common Council adopted Resolution NO. 1999-314 authorizing the city to enter into an emergency service agreement with San Manuel Band of Mission Indians for fire protection services, and emergency medical advanced life support, for the term of July 1, 1999 through June 30, 2006; SECTION 2. San Manuel Band of Mission Indians is establishing their own fire department effective June 1,2003; SECTION 3. That the City of San Bernardino and San Manuel Band of Mission Indians request authorization to revise December 6, 1999 agreement; SECTION 4. The Mayor or her designee is hereby authorized and directed to execute said agreement, a copy of which is attached as Attachment A; SECTION 5. Said Agreement will include new language that adds responsibility for San Bernardino City Fire Department to provide dispatch services, maintenancelrepair of apparatus, and maintenance/repair of self-contained breathing apparatus; SECTION 6. The authorization to execute the above referenced Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution, /1// /111 //II ///1 ///1 ///1 1 2003-232 I j' 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN MANUEL BAND OF MISSION INDIANS. 2 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Cornmon Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 7 18th day of August ,2003, by the following vote, to wit: 8 9 ABSTAIN ABSENT NAYS AYES Council Members: 10 ESTRADA x 11 LONGVILLE x 12 McGINNIS x 13 DERRY x 14 SUAREZ x 15 ANDERSON x 16 McCAMMACK x 17 /~ ' . J i" (/ (b , f \~ t. A....c. L <Y, \......-( ..1'- lIe!.. Rac 1 G, Clark, Clly Clerk 18 19 20 The foregoing resolution is hereby approved this 1'7 day of August ,2003. {/;J'/'C' Neil Derry, Mayor Pro Tem City of San Bernardino 21 22 23 Approved as to form and legal content: 24 25 26 James F. Penman City Attorney 27 B(}- J .f~ 2 28 r 2003-232 AMENDMENT NUMBER ONE TO THE EMERGENCY SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN MANUEL BAND OF MISSION INDIANS WHEREAS, the San Manuel Band of Mission Indians (hereinafter "Tribe") and the City of San Bernardino (hereinafter "City") entered into an Emergency Services Agreement effective July 1, 1999 (copy attached and incorporated herein as Exhibit 1); and, WHEREAS, Tribe is establishing its own fire department, and there is a need to amend the Emergency Services Agreement and include additional responsibilities for both parties of this agreement; and, WHEREAS, each party desires to maintain a balance of service delivery between the Tribe and City; and, WHEREAS, the City will have a reduction in emergency incident response demand within the Tribe's jurisdiction; and, WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS, it is in the best interests of the members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service; and, WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair, and emergency medical services on a day to day basis; and, WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW, THEREFORE, in consideration of these mutual covenants, the parties agree to undertake automatic aid under the terms, provisions, and conditions hereinafter provided and agree to amend the Emergency Services Agreement as follows: SECTION 1. Section 1 of the Emergency Services Agreement is hereby amended to read as follows: HFicjlSanManEmer.Agrmt4.} 1'.TTACHMENT "A" 1 2003-232 "SECTION 1. City will furnish fife protection services, including 911 response, emergency medical advanced life support ("Emergency Services") to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: a. The City agrees to provide a designated fire or rescue fesponse, as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jUfisdiction. b. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe, to those areas within City's jurisdiction. c, The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. d. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within the Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS) fesources. e. Upon receipt of a call for service in Tfibe's jurisdiction, or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource, the City's communications center will dispatch Tribe's personnel using an established communication link, and provide them with the specific information of the call. f. Upon receipt of a call for service by Tribe, which is within their jurisdictional area, Tfibe, as the jurisdictional department, will respond with the nearest and appropriate designated fire or EMS unit to that call for service, The Tribe will then notify the city fire communications center, who will, in turn, dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system. g. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station, to the time when the responding unit goes en-route. This time interval will be tracked through the City's computef aided dispatch system (CAD). Hflcj [SanManEmer.Agnnt4.] 2 . , 2003-232 h, The City and Tribe intend that this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, afeas to be assisted, methods of dispatching and communications, training programs and procedures, methods of requesting aid, and persons authorized to send and feceive such requests, together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. j. In those instances where the Tribe is dispatched to, and/or arrives first, to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation, However, it is assumed that City reSOUfces will arrive shortly aftef the arrival of Tribe. Thereafter, the fesponsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point, Tfibe resources will be under the direction of the officer-in-chafge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate, k. In those instances where the City is dispatched to, and/or arrives first, to an incident Occuffing within the Tribe's jurisdiction, City fesources will take the necessary action dictated by the situation. However, it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon theif arrival at the scene. At that point, City resources wiil be under the direction of the officer-In-charge from the Tribe. It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. I. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe, This includes routine maintenance of air bottles, regulators, harnesses, hoses, and masks, including all parts contained therein. The City will also provide CalOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufactufer's specifications. HEicj [SanManEmer.Agrmt4.] 3 '. 2003-232 m, Tfibe will be responsible for purchasing all breathing apparatus equipment to be used by their agency, and all parts for routine maintenance and repair, including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. n. Tribe agrees to purchase and use only those breathing apparatus types that afe approved by the City. This includes all masks, harnesses, fegulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. o. City agrees to include and to provide routine maintenance to Tribe fire apparatus. City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. p. City agrees to provide Tribe fire apparatus with emergency repair service (same as City provided to City apparatus) City to beaf labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. q. City agrees to monitor and order parts and automotive fluids as needed, City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. r. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus, s, City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. t. City Equipment Maintenance Supervisor will submit to Westates work to be done on apparatus. City Fire will provide warranty work as authorized by Westates, Approval will be given by Westates prior to beginning work, u. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the city's apparatus shop will be referred to an outside vendor. Tribe will bear all costs incurred by such service. v. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures, arrange for tow service for Tribe Fire apparatus. City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service, HEfcj [SanManEmer.Agrmt4.] 4 w. Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures, Both parties agree to exchange information related to maintenance of apparatusl equipment. x, City agrees to repair small engines including but not limited to extrication equipment, chainsaws, generators, and shall not exceed the capability of the City. City shall bear labor-related costs, Tribe shall bear the costs of related items purchased, y, The City agrees to provide emergency aerial truck response to the Tribe business facility located on the southleast corner of Highland Ave, and Boulder Ave, in the City of Highland California. The provision of this service will be subject to the availability of the City's aerial apparatus. z, The parties agree that this Agreement shall not affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. All other terms and conditions in the Emergency Services Agreement remain unchanged and in effect. San Manuel Band of Mission Indians City of San Bernardino /;cJ eron Marquez Tribal Chairman Approved as to form and legal content: es F, Penman Ity Attorney HElcj [SanManEmer.Agrmt4.] 5 1999-314 EXHIBIT '1 EMERGENCY SERVICES AGREEMENT 'Ibis Agreement is made and entered into in San Bernardino, California, by and between the San Manuel Band of Mission Indians, a federally recognized Indian tribe having an address at 26524 Indian Service Road, HigWand, California, ("Tribe") and the City of San Bernardino, having an address at 300 North "D" Street, San Bernardino, California ("City"), effective as of July I, 1999. RECITALS WHEREAS, Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction ("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS, it is the intent of the parties that emergency services (as defined herein) be furnished by City to Tribe with respect to Tribal lands, on the terms and conditions contained herein; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. City will furnish fue protection services, including 911 response, emergency medical advanced life support ("Emergency Services") to Tribe during the term of this Agreement on a 24-hour a day, as needed basis. 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands, and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. HE/dcm[ agrmt3 ,sanmanuel] I 1999-314 EXHIBIT 1 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of seven years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term, and no later than the last day of the sixth month of the fmal year of the term. Notwithstanding such term an,d cancellation provisions, the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. 6. In consideration for the promises and services set forth in this Agreement for the first seven year term, Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition, Tribe agrees to purchase for City ancillary equipment associated with said apparatus as approved by City with a dollar amount not to exceed $69,500. Tribe shall complete the purchasing process no later than 60 days from initiation of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. 7. Title and ownership of apparatus and equipment shall be given to City by Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior to the end of the first seven year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the first seven year term, To the extent permitted by current law, Tribe and City (through its Fire Chief and as approved by the Mayor) agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Md..'1uel Band of Mission Indians". 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement, provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement, the party so at fault shall indemnify the other to the extent of its comparative fault. HE/dcm[ agrmt3 .sanmanuell 2 1999-314 EXHIBIT '1 9. Without in any way affecting the indemnity provisions herein and in addition thereto, City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A) Workers Compensation, including employers' liability with $250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B) Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services, having combined single limits for bodily injury and property damages of not less than one million dollars; and C) Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. 10. All policies of insurance or self-insurance shall name Tribe as an additional insured. II. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents, representatives and members. 12. All policies above are to be primary and non-contributory with any other insurance or self-insurance programs carried or administered by Tribe. 13. Upon execution of this Agreement, City shall furnish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements, which certificates shall provide that such insurance shall not be terminated or expire except with thirty days written notice to Tribe, and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified, as reasonable need shall require. Any disputes with respect to such"modifications shall be resolved in accordance with Section 15 below, 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis, If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue, a party may initiate judicial proceedings in accordance with Paragraph 19 herein. HE/dcm[ agnnt3 ,sanmanuel] 3 EXHIBIT 1 1999-314 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any p<<<rformance taking place on Tribal Lands. 17. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail, return receipt requested, or by overnight mail delivery for which a signature is requireq and shall be addressed as follows: A. San Manuel Tribal Administration P.O. Box 266 Patton, CA 92369 Attn: Tribal Chairperson B. Mayor City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents. City and its employees and agents shall have no authority to act on behalf of Tribe, nor to operate, manage, or otherwise be involved in the gaming or other activities at Gaming Establishment. 19. Subject to the provisions of this Section 19, Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non-performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non- performance, and Tribe shall have sixty (60) calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, a claim may be filed in accordance with the provisions set forth below. HE/dcm[agrmtJ,sanmanuel] 4 ,- 1999-314 EXHIBIT .1 E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2) years after the claim accrues or one (1) year after the claim is discovered, but in no event later than two (2) years from the date the claim is first submitted to the Tribe, or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2) years following the expiration, termination, or cancellation of this Agreement (whichever is later), except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19, which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe CODSents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdictio)1 thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California, County of San Bernardino. Without in any way limiting the generality of the foregoing, Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court, to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe, except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent, or any occupancy or other rights or entitlements therein or related thereto, shall be subject to attachment, execution, lien, judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available HE/dcm[agrmt3,sanmanuel] 5 1999-314 EXHIBIT -1 to satisfY any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction, all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses ofthe City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph, 20. Tribe shall submit this Agreement to the Secretary of the Interior and the Bureau of Indian Affairs (BIA) within 30 days after the parties' execution of the Agreement. Upon receipt of such written approvals of the Secretary of the Interior and the BrA, Tribe shall provide City with copies of same. Tribe shall not withdraw said submittal to the Secretary of the Interior and/or the BIA without prior written 10 day notice to City. If such submittal is withdrawn or is disapproved, City shall retain said fire apparatus and ancillary equipment and shall have the option to either reimburse Tribe for same pursuant to the provisions of Paragraph 7 herein or to complete performance of its fire protection services to Tribe for the remainder of the first seven year term. 21. In the event that any provision of this Agreement is held to be void or unenforceable, except for the waiver of sovereign immunity set forth in Paragraph 19, the remaining provisions shall remain in full force and effect. San Manuel Band of ~ssion Indians City of San Bernardino ~. (j \ .1 . ItJ XL ({. ( CL ~-- ?arr- . , . Approved as to form and legal content: Deron Marquez Tribal Chairman HE/dcm[ agrmt3 ,sanmanuel] 6 1999-314 EXHIBIT 1 Exhibit A . . Type of Apparatus Unit Cost Total Three (3) Pierce $281,880.00 $ 845,640.00 Dash 2000 Pumpers One (1) Pierce Saber $345,724.00 $ 345,724.00 Hazardous Materials Apparatus Sub-Total $1,191,364.00 . Less Manufacturer's - $ 39,412.00 Prepayment Discount If Desired. Total After Potential $1,151,952.00 Discounts.