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HomeMy WebLinkAbout2009-349 . "'.- ~ 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 NO. 200Q-14Q RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO A MUTUAL AID PROTECTION AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR THE PURPOSE OF RECEIVING A FEDERAL STRIP NUMBER TO PURCHASE PRODUCTS THROUGH THE GENERAL SERVICES ADMINISTRATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the State of California, Department of Forestry and City of San Bernardino Fire Department wish to enter into a mutual aid protection agreement for the purpose of obtaining a Federal Standard Requisition and Issue Procedure number (known as FedStrip number). The FedStrip number will authorize the Fire Department to order from the U.S. General Services Administration to realize government pricing on all procurement products; and SECTION 2. The City Manager or his designee is hereby authorized and directed to execute said Agreement, a copy of which is attached and incorporated herein as Attachment "A"; and SECTION 3. Said Agreement will be for each party providing to the other a reasonable and reciprocal exchange of fire protection services as may be necessary to suppress fires of a size beyond the control of either of the parties. Each party agrees to undertake this reciprocal exchange of services under the terms, provisions, and conditions listed in Attachment A, for the term of five years. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed within two hundred forty (240) days of the passage of this resolution. IIII IIII IIII 1 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 2009-349 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE DEPARTMENT TO ENTER INTO A MUTUAL AID PROTECTION AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR THE PURPOSE OF RECEIVING A FEDERAL STRIP NUMBER TO PURCHASE PRODUCTS THROUGH THE GENERAL SERVICES ADMINISTRATION. 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 2nd day of November , 2009, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK x (2~ );;,~ "Raclrer G. Clark, City Clerk City of San Bernardino ~ The foregoing Resolution is hereby approved this 2J day of November, 2009. Approved as to form: F. PENMAN, City Attorney 2 2009-349 AGREEMENT FOR MUTUAL FIRE PROTECTION AID (MANDATORY FOR FEDSTRIP APPLICATION) This agreement is made and entered into this 2nd day of November , 2009, by and between the City of San Bernardino, hereinafter called LOCAL AGENCY and the State of California, Department of Forestry and Fire Protection, hereinafter called the STATE. WITNESSETH: WHEREAS: 1. LOCAL AGENCY maintains and operates a fire protection organization in the area generally known as City of San Bernardino and; 2. The STATE maintains and operates a fire protection organization for the purposes of providing basic wildland fire protection to the State Responsibility Area lands which are adjacent or proximate to the area protected by the LOCAL AGENCY; and 3. It is the desire of the parties hereto render aid, each to the other, to combat the effect of fire, when such aid is necessary as herein set forth; and 4. The parties hereto desire to effect the purpose of this agreement pursuant to the provision of the "Joint Exercise of Power Act" (Government Code Section 6500- 6547) and Health and Safety Code Section 13059. NOW THEREFORE, the parties hereto mutually agree as follows: 1. To furnish fire protection personnel, equipment, materials and supplies and to render such fire protection services to each other as may be necessary to suppress fires of a size beyond the control of either of the parties hereto acting without assistance of the other, and therefore requires the assistance from the other party to control. 2. Such mutual aid shall be provided within the limits of the County of San Bernardino; provided however, that neither party hereto shall be required to reduce its own fire protection resources, personnel, services and facilities to the detriment of its normal fire protection capability. 3. No response to a mutual aid request provided for in this agreement will be made by the parties hereto unless such request is made and received through the established communication channels common to each party by a responsible fire official of the party requesting such aid. 4. That any mutual aid extended under this agreement will be extended with the express understanding that the fire official in charge, in whose jurisdiction an incident requiring mutual aid occurs, shall remain in charge at such incident including the direction of personnel and equipment provided through operation of this mutual aid agreement. 2009-349 Agreement for Mutual Fire Protection Aid Page Two of Three 5. Except as may be provided by separate agreement between the parties hereto, the assurance of mutual aid set forth shall constitute the sole consideration for the performance herein provided. Neither party shall be obligated to reimburse the other for any action taken nor aid rendered hereunder or for any use of material, or damage to equipment, or incurred liability, which may occur in the course of rendering the firefighting assistance herein provided. 6. That certain specialized types of fire protection resources may not be made available subject to the provisions of this agreement and that such resources will be available only on a reimbursement basis. 7. This agreement shall remain in full force and effect for a period of five (5) years from the date hereinabove written unless terminated by either of the parties hereto giving thirty (30) days prior written notice of such early termination. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed as of the date first hereinabove written. LOCAL FIRE DEPARTMENT ~ Chall.f.e/.) fY/cN.e.efy, STATE OF CALIFORNIA Department of Forestry and Fire Protection i7I~if - 0 1 DATE SIGNED: ,/ ?"rt(/ ~ APPROVED AS TO FORM: James F. Penman, City Attorney 2009-349 Attachment for Mutual Fire Protection Aid Page Three of Three Provide the following information required for the General Services Administration - FEDSTRIP Program: MAIUNG ADDRESS P.o. Box or Street Address: 200 ca-6t 7 hiJLd St/Leet ~ I City, and State: Zip Code (* 9 digits required): ~ San Be/Lna/Ldino 1 Caf..ito/Lnia ~ 92410-4889 Phone Number wI Area Code: FAX Number wI Area Code: ~ (909) 384-5286 ~ (909) 384-5281 E-mail Address: ~ con/Lad_micv-6&.citY.i O/Lg SHIPPING ADDRESS I Street Address Only (No P.O. Boxes): ~ City, and State: Zip Code (* 9 digits required): ~ ~ ~ Phone Number wI Area Code: FAX Number wi Area Code: I ~ ~ I E-mail Address: ~ I BILLING ADDRESS P.O. Box or Street Address: ~ City, and State: Zip Code (* 9 digits required): ~ ~ Phone Number wI Area Code: FAX Number wi Area Code: ~ ~ E-mail Address: ~ * Enter Shipping & Billing information "IF" different from Mailing contact information.