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Home My WebLink About1998-335 . , "". 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 98- 335 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 December 29,1998 through June 30, 1999. 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 One Hundred Thousand Dollars and no cents ($ 100,000.00); and 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 The authorization to execute the above referenced is rescinded if it is not executed within sixty (60) days of the passage of this resolution. III/I 11111 11111 11111 ," 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 " 98-335 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 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 7th , 199~, by the following vote, to wit: day of December COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x 3rd Ward - Vacant SCHNETZ x DEVLIN x ANDERSON x MILLER x The foregoing resolution is hereby approvedJhis rYhLuay of December , 19 98 , Approved as to form and legal content: Zdl Judith Valles, Mayor City of San Bernardino JAMES F, PENMAN City Attorney ~' I.. . '. /,,;7, ~'-'~ Rae el G. Clark, Clty Clerk cf'7 ? 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Fr ~ _, L1J IV, ~~~~ m 1~~ Ji" I" ~ ~ ii'I 111~ I "" ~ "i"r" If ;; IT ~ Is-' ..~ , iiI' ['I:: o I t-t-~ ~ ~) 1=:'111" ~ " II lit- ..1 II II II v-w h~ ,h -1'1 \ m.j II H III t- f- r ., /' ,'>< I- (/7- 335 "+ ~ .J ~ . , 98-335' "\f County of San Bernardino FAS STANDARD CONTRACT FOR COUNTY USE ONL Y Vendor Code Dept. . E New M Change X Cancel County Department Area 38 Consol1dated Fire District County Department Contract Representative Peter R. Hills, Fire Chief/Fire Warden Cfi: i"mber Contractor's license No. . c A Dept. Orgn. FY Ph, Ext, 387, 5948 ObilRev Source 445 Estimated Payment Total by Fiscal Year Amount 110 FY Amount Amount 01 Contract $ Fund SGP Activity GRC/PROJ/JOB Number Project Name Fire Protection Services Agreement FY FY $ $ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CiTY OF SAN BERNARDINO hereinafter called CITY Address Phone FederallD No. or Social Security No. Birth Date IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendaed, 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, ifany.) 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 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 "Area A" 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 as "Area A" on attached map, be furnished to CSA 38 Zone L by City subject to the terms and conditions contained herein; and, 4 pege 101_ WH3ER'EAS, it is .the intent of the parties 'hereto that CITY. provide fi~e pr~tection and ALS/P~ramedic se(vices to "Area A" .(as noJed above) and that CSA 38 and CSA 38, ZOQe L pay CITY for these services. NOW, THEREFORE, it is agreed as follows: 1. CITY will furnish to "Area AU fire protection services, including advanced life support (ALS) , 2. CITY will furnish to "Area AU fire cause and origin determination including investigations which it furnishes within its own boundaries. 3. CITY will include "Area A" in fire department disaster response planning at the same level CITY furnishes within its own boundaries, 4. CITY is authorized to collect fire prevention inspection fees, in "Area AU consistent with County Ordinance 37-28 and the San Bernardino Municipal Code Chapter 15.16. 5. CSA 38 will continue to provide fire protection planning and engineering services to "Area A" and agrees to provide CITY with copies of commercial and industrial project conditions upon final approval of the projects by the County. 6, CITY shall submit during the fifth month of this contract to CSA 38 a report of all fire and ALS/Paramedic services provided during the first ninety (90) days of this contract in "Area A". 7, Term and Termination - This Agreement shall become effective December 29,1998 and continue in effect for six months from the effective date 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. 8. CSA 38 and CSA 38, Zone L shall pay the sum of $100,000 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 of "Area A", or otherwise become legally obligated to provide fire protection services to any or all of "Area AU 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 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, Page 2of~ . . ~8-335'Zone L, and the 'County and CITY agree that any alleged negligence of the employee shall not be ': construed against the employer of that emplollee. . 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 Subrooation Riohts - 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 Primarv and Non-Contributorv - 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 Coveraoe - 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. 4 Page 3of~ REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 98-1013 ~f:;'r:!' i\"__'_" , j,..'. DECEMBER 15,1998 '99 'E8 -2 P 3 : 17 FROM: PETER R. HILLS, Fire Chief/Fire Warden SUBJECT: AGREEMENT BETWEEN COUNTY SERVICE AREA 38 AND COUNTY SERVICE AREA 38 L (HIGHLAND) AND THE CITY OF SAN BERNARDINO FOR FIRE PROTECTION SERVICES AND AUTOMATIC AID RECOMMENDATION: Acting as the governing body of County Service Area 38 and County Service Area 38, Zone L (Highland), approve Agreement No 98-1013 with the City of San Bernardino to provide 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. BACKGROUND INFORMATION: On November 24, 1998, the Board approved a contract extension with the California Department of Forestry (CDF) for fire protection services for the CSA 38 areas within the Cities of Highland and Yucaipa. The contract extension does not include fire and paramedic services for the county islands within the sphere of influence of the City of San Bernardino that are currently served by CSA 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 Agreement will terminate on June 30, 1999, However, staff anticipates a longer term contract will be negotiated with the City of San Bernardino once the 1999/2000 CSA 38 budget is developed and the fiscal impacts of the detachments of Highland and Yucaipa from CSA 38 are fully assessed. REVIEW BY OTHERS: This action has been reviewed by County Counsel (L. Thomas Krahelski), and coordinated with the Third Supervisorial District. FINANCIAL IMPACT: CSA 38 and CSA 38, Zone l shall pay the City of San Bernardino for fire, rescue, and medical aid response. Funds have been identified in the County Service Area 38 and County Service Area 38, Zone l budget. SUPERVISORIAL DISTRICT(S): Third PRESENTER: Peter R. Hills Iw AYE 5 cc: SBCCFD-Hills w/agree. Contractor c/o SBCCFD w/3 agrees. Auditor w/agree. SBD w/agree, County Counsel-Krahelski File w/agree. OARD BY 98-33!j Any such reduction or waiver for the entire term of the Agreement and any change requiring additional typas'of insUrance coverage or higher coverage Iimit9<must be made by amendment to this Agreement. CITY agrees to execute any such amendment within thirty (30) days of receipt. . . 11. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein proviejed. COUNTY OF ~ Chairman 0 Dated Clerk of the Bernardino, By Approved as to Legal Form . , , 6ou~~f0~ 1d-/tG/?8 I I Title ..JL'c!J'lf1 lit//"'s Address fl1?i.K'X. f} ':'~"i;;;" or Tile CiTY CU:~.,. p, 0, BOX 1318 SAN BERNARDINO ~^ Q?/lQ2 ReVie) proceSSin~ ~ ~ ,. L..t_ , l~ Agency Administrator/CAO l"2-I\'"$' 19 ~ Date I .;z -1<{-98 Date Date Page 4ot~