HomeMy WebLinkAbout1991-267
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RESOLUTION NO. 91-267
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECU'fION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
COUNTY SERVICE AREA 38 AND IMPROVEMENT ZONES G AND L OF COUNTY
SERVICE AREA 38 FOR FIRE PROTECTION, EMERGENCY MEDICAL AND
RELATED SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute an agreement between
the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter
referred to as "City",
and COUNTY SERVICE
AREA
38, and
IMPROVEMENTS ZONES G and
L of COUNTY SERVICE AREA 38,
county
service areas organized and operating pursuant to Government
Code section 2521.0.1 et seq., hereinafter referred to as "CSA
13 38" for fire protection, emergency medical services, planning,
14 engineering and prevention in certain areas, which agreement is
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attached hereto as Exhibit A, and is incorporated herein be
referenced as though fully set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties. The City shall not
be obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3. This resolution is rescinded if the parties
23 to the agreement fail to execute it within sixty (60) days of
24 the passage of this resolution.
25 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Counc il of the City of San
adjourned
Bernardino at an regular meeting thereof, held on the
19th day of June 1991, by the
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RESOLUTION EXECUTING AGREEMENT WITH COUNTY SERVICE AREA 38
following vote, to wit:
council Members: AYES NAYS ABSTAIN
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
The foregoing resolution
day of
June
, 1991.
~~Cl~-
is hereby appro~. this 21st
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17 Approved as to form and
legal content:
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JAMES F. PENMAN
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Res, 91-267
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A G R E E MEN T
THIS AGREEMENT is made and entered into this day
of 1991, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, and COUNTY SERVICE AREA 38,
and IMPROVEMENTS ZONES G and L of COUNTY SERVICE AREA 38, County
Service areas organized and operating pursuant to Government
Code section 25210.1 et. seq., hereinafter referred to as "CSA
38".
WIT N E SSE T H
WHEREAS, fire protection and emergency medical services
for certain areas located near, but outside of, city limits is
the responsibility of CSA 38; and
WHEREAS, the City and CSA 38 maintain a number of fire
stations near the City limits;
NOW, THEREFORE, the parties agree as follows:
1. City shall have primary responsibility for fire
protection, emergency medical services, planning and
engineering, and prevention in those CSA 38 areas marked in
green on the attached map and generally delineated as follows:
a. All that unincorporated area south of the San Ber-
nardino National Forest and north of the City limits which lies
between David Way and Conejo Drive; south of the San Bernardino
National Forest and otherwise bordered by the city limits,
generally between an extension of Mountain Drive and 2nd Avenue.
b. All totally enclosed unincorporated county islands
within the City limits, except those lying east of Victoria
Avenue.
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2. - The city shall conduct all fire investi~utions and
fire prevention inspections, within the area described in
paragraph 1, in accordance with applicable County codes and
standards. Copies of said codes and standards shall be provided
to the City by the Fire Warden of the County. The County shall
also have final responsibility for any necessary interpretation
of the codes and standards.
a. The chief of the City Fire Department shall
provide the County Fire Warden with quarterly activity reports
which record all fire, medical and plan check services provided
by the City under this agreement. In addition, all individual
incident reports and inspection records shall be retained by the
city for not less than 5 years and be made available for CSA 38
review.
b. The city shall provide emergency medical services
within the area described at the same level as the level of
service previously provided by CSA 38. Therefore, in those
areas within the CSA 38 paramedic zone, City shall provide
Advanced Life Support. In all other areas, Basic Life Support
will be provided.
c. The City shall provide fire protection services at
the same levels and in accordance with the same standards
applicable within the City limits.
3. In consideration of the above, CSA 38 agrees to pay
city for services rendered under this Agreement, the sum of
$206,927 for the period of July 1, 1991 to June 30, 1992. This
amount shall be increased by two percent (2%) annually, subject
to the following:
a. If the City annexes any unincorporated island or
portion thereof which is subject to this Agreement, the overall
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payment from CSA 38 to City shall be reduced by. the amount of
CSA 38 and CSA 38, Improvement Zone G net property tax proceeds,
exclusive of augmentation funds, attributable to the annexed
area, and by the amount of any CSA 38, Improvement Zone L
paramedic assessments which are terminated because of the
annexation.
b. The City is authorized to assess and collect, as
payment for planning and engineering and fire prevention permit
services, the county fees for plan checks of commercial
structures and fire prevention permits.
c. CSA 38 shall have no financial responsibility for
any costs which are not specifically provided for in this Agree-
ment.
d. The city shall have no authority to assess any
other fees or costs to CSA 38 residents other than those specif-
ically authorized under this Agreement.
4. The city agrees to indemnify, defend and hold harmless
the County and its authorized agents, officers, volunteers and
employees against any and all claims or actions arising from
city's acts, errors or omissions in performing services pursuant
to this Agreement and for any costs or expenses incurred by the
County on account of any claim therefore.
In order to accomplish the indemnification herein
provided for, but without limiting the indemnification, the city
shall secure and maintain throughout the term of the Agreement
the following types of insurance issued by companies acceptable
to County's Risk Manager, with limits as shown:
Worker's Compensation A program of Workers' Compen-
sation insurance or a state-approved self-insurance program in
an amount and form to meet all applicable requirements of the
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Labor Code of the state of California, incluaing'.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 Liabilitv Insurance
This coverage to include contractual coverage and
automobile liability coverage for owned, hired and non-owned
vehicles. The policy shall have combined single limits for
bodily injury and property damage of not less than one million
dollars ($1,000,000).
All policies, except for the Workers' Compensation
coverage, shall contain additional endorsements naming the
County, its employees, agents, volunteers and officers as
additional named insured with respect to liabilities arising out
of the performance of services hereunder.
City shall require the carriers of the above-required
coverages to waive all rights of subrogation against the County
its officers, volunteers, employees, and agents.
All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs
carried or administered by the County.
City shall immediately furnish certificates of insurance
or letters of self-insurance to county's Risk Manager evidencing
the insurance coverage above required prior to the commencement
of performance of services hereunder. These certificates shall
provide that such insurance shall not be terminated or expire
without thirty (30) days written notice to the County. within
sixty (60) days of the commencement of this Agreement, the city
shall furnish certified copies of the policies and endorsements.
The above insurance requirements are subject to periodic
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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 interests 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
within (30) thirty days of receipt.
5. This agreement shall continue in full force and
effect or succeeding fiscal years unless terminated by either
party after thirty (30) days written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first written herein.
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AGREE~ENT'WITH COUNTY SERVICE AREA 38 FOR FIRE PROTECTION AND
RELATED SERVICES.
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City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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SIGNED AND CERTIFIED THAT A
18 COpy OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIRMAN
19 OF THE BOARD OF SUPERVISORS
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21 Clerk of the Board of Supervisors
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CITY OF SAN BERNARDINO
By
Mayor
COUNTY SERVICE AREA 38;
IMPROVEMENT ZONES G&L OF
COUNTY SERVICE AREA 38
By
Chairman, Board of Supervisors
Acting as the Governing Body
of CSA 38
Approved as to form
and legal content:
COUNTY COUNSEL
By