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Home My WebLink About1999-168 . RESOLUTION 1999-168 , RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO CITY LIMITS 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 and directed to execute said contract, a copy of which is attached as EXHIBIT A; and SECTION 3. Said contract will be for fire protection and paramedic services for the period of July 1, 1999 through June 30, 2000. 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 Two-Hundred Fifty Thousand Dollars and no cents ($ 250,000.00); SECTION 5. The authorization to execute the above referenced agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. IIIII 11/11 /1111 11/11 IMPORTANT NOTE - Resolution 1999-168 is null and void because it was not executed within time specified. 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 1999-168 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF SAN BERNARDINO CITY LIMITS I HERESY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Sernardino at a joint regular meeting thereof, held on the 6th day of July , 199~, by the following vote, to wit: COUNCILMEMBERS AYES NAYS ASSTAIN ABSENT ESTRADA x LIEN x x MCGINNIS SCHNETZ x DEVLIN x ANDERSON x MILLER x h.c~ Ra The foregoing resolution is hereby approve July , 19 99 . *J City Clerk rJ'. day of Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By:L?a~ (j CITY OF San Bernardino RACHEL C L ARK CITY CLERK July 8, 1999 Peter Hills, Fire ChieflFire Warden San Bernardino County 157 W. 5th St., 2nd Floor San Bernardino, CA 92415-0451 Dear Chief Hills: At the Mayor and Common Council meeting of July 6, 1999, the City of San Bernardino adopted Resolution 1999-168 approving a contract for fire service in the County unincorporated areas within the City of San Bernardino City limits. Enclosed is one (1) original agreement, and six (6) duplicate originals. Please sign in the appropriate location and return the one (1) original agreement to the City Clerk's Office, A TTN: Melanie Miller, P. O. Box 1318, San Bernardino, CA, 92418 as soon as possible. Please retain a copy of the executed document for your files. Please be aware that the documents are null and void if not executed within sixty (60) days - September 4, 1999. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Melanie Miller Senior Secretary P. o. BOX 1318, SAN BERNARDINO, CA 92402 300 NORTH D STRECT SAN BERNARDINO. CAllFOflNIA 92418-0001 (901)184-5002 (101)384.5102 FAX-(101)1'4.515' TOO/TTY -(11011)384.5540 &_.i I- /" /,' , FOR COUNTY USE ONL Y act S /r:L:;L/ E -'C New Vendor Code Dept. Contract Number M Change SC A X Cancel County Department Dept. Orgn. Contractor's License No. San Bernardino Co Consolidated Fire District CSA 38 and CSA 70 County Department Contract Representative Ph. Ext. Amount of Contract Peter R. Hills, Fire Chief/Fire Warden 387- $ 5948 Fund ~~ Dept. ~I Organization I Appr. ~4 Obj/Rev Source Activity I GRC/PROJ/JOB Number SGP 90 62, 445 Commodity Code IUD Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount Project Name - - Fire Protection Services FY $ - - Agreement FY $ - - County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter cailed the County, and Name Address CITY OF SAN BERNARDINO JUDITH VALLES, MAYOR POBOX 1316 SAN BERNARDINO, CA 92402 hereinafter cailed CITY Phone 909 384-5286 ;=ederallO No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered. amount to be paid, manner of payment, time for performance 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 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, 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, Page 1 of _4_ 1999 '168 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 and Termination - This Agreement shall become effective July 1, 1999 and continue in effect through June 30, 2000, unless canceled by either party. Either party may cancel during the term hereof by giving a sixty day (60) written notice thereof to the other party. 7. CSA 38 and CSA 38, Zone L shall pay the sum of $250,000 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. 8. 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 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. Page 201_4_ . ' 1999-168 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. B. 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. Page 301_4_ 1999-168 -,' " 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. 9. 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 DISTRICT .. Jon D. Mikels, Chairman, Board of Supervisors By Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino. Title /J1 thl (!']'2. (Pri;rt or Type) Dated: By Address Di'FlCE 0;: TW, c;rv CLERK P. O. BOX 1:;12 S.\N BEll~.'\RDINO. CA 924"2 Oeputy !]d as, 19a1 Form ~ ._~A.ta&~ County nsel Date ~ \ -L\ \ '\"" , ' Reviewed by Contract Compliance Reviewed for Processing .. .. Agency Administrator/CAG Date Date APPROVEu i;"J ; J d.J~~,rJt AND LEGAL CON1ENT. James F. Penman, City orney Page 401_4_ IT t In Ihlt i~l~ J +. 1999-168 -I 1 - -ffi :;:;;~~ Ir /'- I ,- ~ j 1 - ( - "-- Lj= o ~ ;;; f ~ III II, e--Jll f=Tl I I -Te-- II TI I e-- 1\ r-r e-- \'- , I J II '-41 ~ ~) , 7!/l~QA r ~~~\ ~o /"~ :' ~J~~~ ~ I III t~" ~JS: ~ P 'JE ~ : '- ~ Ig ..:; I-- \ :J --' P I i, 11\ I -1111 f- IIii - - I I I II f-II I L -I - - I - - II I - , 1- I- . "'X) III - . L -'. LJ U -1-1' III ,n ~ ~I II ~8 T L I Ie-- 1--11- I I ":3- ~ Uj Lr+ :c:::::;: li- e =1. lhl I~I .' _. l :J '""tr "< +-- /? >;; ~ l-- ~ \"--., . ~'DI~ ! % If If a " " t II r ~ ! i if-" : ~ 0 o 0 if if o ~ lI: o o ! l1. ,. . . ..~, ~ r - '\0. ~ - ,--, '---' I -U I I ""1 -9' '7>:.:.- - I 11- _ .Lf- - 11--1- \ 1'1 Jlr - ! !\ ~ I~W. lLli --, IT" ,- I f- ~ -'1: --f ~ ~ 1 : C;:::=;- --r-c Ia-;:; rtl ~ ==i1:::t: - I liJ 1 '---'U c" - -'=J =i I' c -= I tlrl ~ l~ . ! 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