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HomeMy WebLinkAbout2001-193 . ,1.1 , . 1 RESOLUTION NO. 2001-193 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO 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 1,2001 THROUGH JUNE 30, 2003. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 4 5 6 7 SECTION 1. That San Bernardino County Fire Department (County Fire) and the San 8 9 Bernardino City Fire Department (SBCFD) wish to renew their contract; and SECTION 2. The Mayor or her designee is hereby authorized and directed to execute said 10 contract, a copy of which is attached as EXHffiIT A; and 11 SECTION 3. Said contract will be for fire protection and paramedic services for the period of 12 July 1, 2001 through June 30,2003. Said services will be provided in the eleven (11) San Bernardino 13 County unincorporated areas, most commonly referred to as "county islands", located within the City 14 of San Bernardino's sphere of influence; and 15 SECTION 4. Said contract amount shall be for five hundred thousand dollars and no cents 16 ($500,000). 17 SECTION 5. The authorization to execute the above referenced contract is rescinded if it is 18 not executed within one hundred and twenty (120) days of the passage of this resolution. 19 IIII 20 IIII 21 IIII 22 23 IIII ///1 24 25 IIII 11// IIII IIII 1 26 27 28 2001-193 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO 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, 2001 THROUGH JUNE 30, 2003. 2 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of June ,2001 by the following vote, to wit: COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MC CAMMACK x 9 10 11 12 13 14 15 16 ~~,j ~ Rac Clark, City Clerk 17 18 19 2-{,,-r' ~.. day of The foregoing resolution is hereby approved this 20 200 L June 21 \,~ "l~ Judith Valles, Mayor City of Sr Bernardino I (j 22 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN 26 City Attorney 27 2 28 .' 2001-193 ORIGINAL ~ E New Vendor Code Dept. lJr:~~~f M Change SC SPD A X Cancel 106 DISTRICT Dept. Orgn. Contractor's License No. San Bemardino County Consolidated Fire District County Service Area 38and County Service Area 70 DISTRICT Contract Representative Ph. Ext. Amount of Contract $250,000 FN Fund Dept. Organization Appr. ObVRev Source Activity GRC/PROJ/JOB Number SGP 290 A78 88,000 2400 SHV 290 A78 , 162. ,000 2400 , Commodity Code Estimated Payment Total by Fiscal Year FY Amount lID FY Amount liD Project Name - - FIRE PROTECTION 2002lSGP $ 88,000 2003/SGP $ 88,000 SERVICES AGREEMENT 2002lSHV $ 162,000 2003/SHV $162,000 - - - - FOR COUNTY USE ONLY DISTRICT FAS STANDARD CONTRACT THIS CONTRACT Is entered into in the State of California by and between CSA 38 and CSA 70, hereinafter 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: (Use space below and additional bond sheets. Setforth service to be rendered, amount to be paid. manner of payment, time/or peiformance or completion. determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans. specifications, and addenda, if QJ1.y.) 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 intenl 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 38/CSA 38 UCity of San Bemardino Page 1 of4 , . 2001-193 . WHEREAS. it is the intent of the parties hereto that the advanced life support (ALS/Paramedic) services 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 services to (as noted above) and that CSA 38 and CSA 38, Zone L pay CITY for these services. NOW. THEREFORE, it is agreed as follows: 1. CITY will furnish fire protection services, 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 conlinue to provide fire protection planning and engineering services 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 services provided during the term of this contract. 6. Term - This Agreemenl 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 services 10 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 services 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 10 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 and/or 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 LJCity 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 10 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 commencemenl 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 ilem reasonably related to the County's risk. Any such reduclion 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 Servo CSA 38/CSA 38 UCity of San Bernardino Page 3 of 4 . 2001-193 . ~ DISTRICT: San Bernardino County Consolidated Fire District Fire Chief/County Fire Warden 157 W. 5th Slreet, 2nd 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. III COUNTY CITY d~ . ~ Fred Aguiar ,Chairman, Board of Supervisors, Acting in its capacity as governing body of CSA City of San Bernardino (Print or type name of cotpo~n,.company, contractor, etc.) (I - ' , , '? 38, Zone L (Authorized sign , , ! i I i ,I I j j Judith \i'qllq's (Print or type nl~j of person signing contract) By ~ Dated: 'JUL 1 0 2001 Name SIGNED AND CER DOCUMENT CHAIRMAN Title Mayor Dated: , Address: Office of the City Clerk P. O. Box 1318 San Bernardino, CA 92402 ~ Date Date r;, -:1(,-0/ R~or Processing ~ ~ .t_ ~. ~\I Agency Administrator/CAD Date t..lB.lt:::l\ Approved as to Legal Form ~ o! ~ -#zdt~Ib"~ County Co nsel ~/;J..G/O/ I I Reviewed APPROVED AS TO FORM AND LEGAL CONTENT. Jarnes F. Penman. City Attorney FP Servo CSA 38/CSA 38 UCity 01 San Bemardino Page 4 014 2001-193 _lIbcllyOlands nnT rrr-r .- - z+ .Ii s " o " 4{1 lih ,hl 4 .