HomeMy WebLinkAbout1991-441
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RESOLUTION NO. 91-441
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND COUNTY SERVICE AREA 38 AND IMPROVEMENT ZONES G
4 AND L OF COUNTY SERVICE AREA 38 FOR FIRE PROTECTION, EMERGENCY
MEDICAL AND RELATED SERVICES AND REPEALING RESOLUTION NO. 91-
267.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed
to execute an agreement between the CITY OF SAN BERNARDINO, a
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municipal corporation, hereinafter referred to as "City", and
COUNTY SERVICE AREA 38, and IMPROVEMENT 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" for fire protection, emergency medical
services, planning, engineering and prevention in certain areas,
which agreement is 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
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be obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied
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or authorized.
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to the agreement fail to execute it by February 28, 1992.
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SECTION 3.
This resolution is rescinded if the parties
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SECTION 4.
Resolution No. 91-267 is hereby repealed.
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RESOLUTION AUTHORIZING AGREEMENT WITH COUNTY SERVICE AREA 38
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common council of the city of San
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meeting thereof, held on the
Bernardino at
a
regular
4th day of
November , 1991, by the following vote, to wit:
council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
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REILLY x
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HERNANDEZ x
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MAUDSLEY x
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MINOR x
POPE-LUDLAM x
MILLER x
f4..'~Iv.t. :fK../-M'~
city Clerk
The foregoing resolution is hereby
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Approved as to form and
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6th
day of November
, 1991.
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23 JAMES F. PENMAN
24 Cit~AttorneY
By /.~~-
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City of S Bdno
Res. No. 91-441
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2 AGREEMENT
3 THIS AGREEMENT is made and entered into this day of
4 , 1991, by and between the CITY OF SAN BERNARDINO, a
5 municipal corporation, and COUNTY SERVICE AREA 38, and
6 IMPROVEMENT ZONES G and L of COUNTY SERVICE AREA 38, County
7 service areas organized and operating pursuant to Goverment Code
8 section 25210.1 et. seq., hereinafter referred to as "CSA 38."
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10 WIT N E SSE T H
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12 WHEREAS, fire protection and emergency medical services for
13 certain areas located near, but outside of, city limits is the
14 responsibility of CSA 38; and
15 WHEREAS, the city and CSA 38 maintain a number of fire
16 stations near the City limits;
17 NOW, THEREFORE, the parties agree as follows:
18 1. City shall have primary responsibility for fire
19 protection, emergency medical services, planning and
20 engineering, and prevention in those CSA 38 areas marked on the
21 attached map and generally delineated as follows:
22 a. All that unincorporated area south of the San
23 Bernardino National Forest and north of the City limits which
24 lies between David Way and Conejo Drive; south of the San
25 Bernardino National Forest and otherwise bordered by the City
26 limits, generally between an extension of Mountain Drive and 2nd
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1 Avenue.
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5 2. The city shall conduct all fire investigations and
6 fire prevention inspections, within the area described in
7 paragraph 1, in accordance with applicable County codes and
8 standards. Copies of said codes and standards shall be provided
9 to the City by the Fire Warden of the County. The County shall
10 also have final responsibility for any necessary interpretation
11 of the codes and standards.
12 a. The Chief of the city Fire Department shall
13 provide the County Fire Warden with quarterly activity reports
14 which record all fire, medical and plan check services provided
15 by the City under this agreement. In addition, all individual
16 incident reports and inspection records shall be retained by the
17 City for not less than 5 years and be made available for CSA 38
18 review.
19 b. The City shall provide emergency medical services
20 wi thin the area described at the same level as the level of
21 service previously provided by CSA 38. Therefore, in those
22 areas within the CSA 38 paramedic zone, City shall provide
23 Advanced Life support. In all other areas, Basic Life support
24 will be provided.
25 c. The city shall provide fire protection services
26 at the same levels and in accordance with the same standards
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b. All totally enclosed unincorporated County
islands within the City limits, except those lying east of
victoria Avenue.
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23 other fees or costs to CSA 38 residents other
24 specifically authorized under this agreement.
25 4. The City agrees to indemnify, defend and hold harmless
26 the County and its authorized agents, officers, volunteers and
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applicable within 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 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
payment from CSA 38 to the 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
Agreement.
d.
The City shall have no authority to assess any
than those
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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' 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 of 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 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 insureds with respect to liabilities arising
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22 addition, if the Risk Manager determines that heretofore
23 unreasonably priced or unavailable types of insurance coverage
24 or coverage limits become reasonably priced or available, the
25 Risk Manager is authorized, but not required to change the above
26 insurance requirements to require additional types of insurance
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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
or 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
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
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1 coverage or higher coverage limits, provided that any such
2 change is reasonable in light of past claims against the County,
3 inflation, or any other item reasonably related to the County's
4 risk.
5 Any such reduction or waiver for the entire term of the
6 Agreement and any change requiring additional types of insurance
7 coverage or higher coverage limits must be made by amendment
8 within (30) thirty days of receipt.
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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.
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15 Attest:
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first written herein.
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(] ~t. /1 /
, city C~~
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
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1 AGREEMENT WITH COUNTY SERVICE AREA 38
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Approved as to form
4 and legal content:
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JAMES F. PENMAN
6 City Attorney
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Approved as to form
and legal content:
COUNTY COUNSEL
By:
SENT BY:Xerox TelecoDier 7021
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6-13-91
13:54
ADMINISTRATIVE OFC~CITY OF SAN BONO
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