HomeMy WebLinkAbout2000-108
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RESOLUTION 2000-108
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN
BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE PROTECTION
AND PARAMEDIC SERVICE IN THE COUNTY UNINCORPORATED
AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO'S SPHERE
OF INFLUENCE
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 Department (SBCFD) wish to enter into a binding
contract; and
SECTION 2. The Mayor or her designee is hereby authorized an(i directed to
execute said contract, a copy of which is attached as EXIDBIT A; and
SECTION 3. Said contract will be for fire protection and paramedic services
for the period of July I, 1999 through June 30, 2001. Said services will be provided
in the eleven (11) San Bernardino County unincorporated areas, most commonly
referred to as "County islands", located within the City of San Bernardino's sphere of
influence; and
SECTION 4. Said contract amount shall be for Five-Hundred Thousand
Dollars and no cents ($ 500,000.00);
SECTION 5. The authorization to execute the above referenced is rescinded
if it is not executed within sixty (60) days of the passage of this resolution.
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2000-108
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN
BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE PROTECTION
AND PARAMEDIC SERVICE IN THE COUNTY UNINCORPORATED
AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO'S SPHERE
OF INFLUENCE
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bemardino at a
Join~ Regular
meeting thereof, held on the 15th day of
May
, 2000, by the following vote, to wit:
COUNClLMEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
x
MC GINNIS
SCHNETZ x
SUAREZ X
X
ANDERSON
MC CAMMACK X
The foregoing resolution is hereby approved this / ~4ay of May
2000.
~~~~
Esther Estrada
Mayor Pro Tem
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
~rkJ:2c~~
City Clerk
By: L 7,P~
(/ .
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN ~ERNARDINO COUNTY, CALIFORNIA .
AND RECORD OF ACTION
Agree. 00-373
JUNE 6, 2000
FROM:
PETER R. HilLS, Fire Chief/Fire Warden
San Bernardino County Consolidated Fire District
SUBJECT:
AGREEMENT BETWEEN COUNTY SERVICE AREA 38 AND COUNTY
SERVICE AREA 38 L, AND THE CITY OF SAN BERNARDINO FOR FIRE
PROTECTION, EMERGENCY MEDICAL SERVICES AND AUTOMATIC AID
RECOMMENDATION: Acting as the governing body of County Service Area 38, and County
Service Area 38, Zone L, approve Agreement No. 00-373 with the City of San Bernardino
whereby the City provides fire, rescue, and emergency medical services to County Service Area
38 and County Service Area 38, Zone L, in the areas depicted in the agreement, from July 1,
1999 through June 30, 2001, in the amount of $250,000 per year.
BACKGROUND INFORMATION: An existing agreement with the City of San Bernardino for
providing fire protection, emergency medical and automatic aid services to areas within CSA 38
and CSA 38 Zone L, was approved by the Board for a period of six (6) months, from December
1998 through June 30,1999, The agreement has continued, month-to-month on a holdover basis
since that time, per terms of the agreement. This new agreement provides fire and paramedic
services for the county islands within the sphere of influence of the City of San Bernardino that
are currently served by County Service Area 38 and CSA 38, Zone L. The Agreement will provide
fire, rescue, and advanced life support (ALS/Paramedic) response to these areas. The City of
San Bernardino has five (5) fire stations in the direct vicinity of the county islands, and can
adequately serve these areas. This action will continue the arrangement from July 1, 1999
through June 30, 2001, with extensions of additional one-year periods authorized upon mutual
consent of the parties.
REVIEW BY OTHERS: This agenda item and contract have been reviewed and approved as to
legal form by County Counsel (L. Thomas Krahelski) on April 21, 2000 and Risk Management
and coordinated with the Third Supervisorial District.
FINANCIAL IMPACT: County Service Area 38 and County Service Area 38, Zone L, shall pay
the City of San Bernardino $250,000 per year for each year of the agreement, for fire, rescue,
and medical aid response. Funds have been identified in the FY 1999/2000 County Service Area
38 and County Service Area 38, Zone L budgets for the first year of the contract. They will also
be included in those districts' FY 2000/01 budgets.
SUPERVISORIAL D1STRICT(S): Third
PRESENTER: PETER R. HILLS
cc: SBCCFD-Hendrix w/2 agrees.
Contractor c/o SBCCFD wi
agree.
Auditor/Controller w/agree.
SBD w/agree,
ED/PSG-Goss
Risk Mgmt.
County Counsel-Krahelski
File w/agree.
Record of Action of the Board of Supervisors
AGREEMENT 00-373
APPROYED'Bmffio OF SUPERVISORS
NTY'OFo SAN BERNARDINO
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MOVE AYE
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BY
ITEM 010
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2000-108
e
E "- New Vendor Code Dep!. Contract Number
M - Change SC SPD A Oo"~r3
X Cancel 106
OISTRICT Dep!. Orgo. Contractor's License No.
San Bernardino County Consolidated Fire District
County Service Area 38and County Service Area 70
DISTRICT Contract Representative Ph. Ex!. Amount of Contract
UNENCUMBERED
Fund Dep!. Organization Appr, Obj/Rev Source Activity GRC/PROJ/JOB Number
SGP 290 A 62 200 2400
SHV 290 A 78; 290 200 2445 ,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount I/O
Project Name - -
FIRE PROTECTION 2000/SGP $ 135,000 2001/SGP $ 135.000
SERVICES AGREEMENT 2000/SHV $115,000 2001/SHV $115,000
- -
- -
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. hereinafter called the District, and
Name
hereinafter called
CITY
CITY OF SAN BERNARDINO
ATN: JUDITH VALLES, MAYOR
Address P. O. BOX 1318
SAN BERNARDINO, CA 92402
Phone
(909) 384-5286
Federal 10 No. or Social Security No.
IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth servk:e 1(1 be rendered, omOlUll to be paid. manner a/payment. time for perfonnance or completion. determination of satisfactory
performance and cause for termination, other terms and conditions. and attach plans. specifications. and addenda. if any.)
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 Serv, CSA 381CSA 38 UCity of San Bernardino
Page 1 of 5
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2000-108
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 continue 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 live fire 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 either the facility or the propane.
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 Agreement shall become effective July 1, 1999 and continue in effect through June 30, 2001. 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 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 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, andlor 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 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 SeN. CSA 38/CSA 38 UCity of San Bemardino
Page 2 of 5
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2000-108
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.
FP Serv, CSA 38JCSA 38 UCity of San Bernardino
Page 3 of 5
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2000-108
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
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.
/II
COUNTY
CITY
upervisors,
s capacity as governing body of CSA 38
City of San Bernardino
(Print or type name of corporation. company, contractor, etc.)
By ~~-r ~~~
Esther Estrada
Hayor Pro Tem
Dated:
JUN 06 2000 4,0.313
Name
Judith Valles
(Pn"nt or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS N DELIVERED TO THE
CHAIRMAN OF T E OARD
Clerk of the B
of the Coun
Title
By
Dated:
Mayor
CJ S- "f~ frp? c:Jt'
/ /
Address:
Office of the City Clerk
P. O. Box 1318
San Bernardino, CA 92402
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FP Serv, CSA 381CSA 38 UCily of San Bernardino
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Pag~ 5 of 5