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HomeMy WebLinkAbout2014-009 1 RESOLUTION NO. 2014-9 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD 3 CONTRACT BETWEEN THE SAN BERNARDINO COUNTY FIRE PROTECTION 4 DISTRICT AND THE CITY OF SAN BERNARDINO FOR EMERGENCY MANAGEMENT SERVICES; AND RATIFYING THE SUBMITTAL OF THE 2013 5 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AUTHORIZING THE COUNTY TO APPLY FOR AND ADMINISTER THE GRANT. 6 7 WHEREAS, on July 2, 2012, the Mayor and Common Council adopted Fire 8 Department Staffing Efficiencies which included the vacancy of the Emergency Services 9 Manager(known as Disaster Preparedness Coordinator)position through attrition; and 10 WHEREAS, the City of San Bernardino wishes to enter into a standard contract with 11 12 the San Bernardino County Fire Protection District to provide Emergency Management 13 Services within the territorial boundaries of the City to enhance the City's emergency 14 management capabilities through the County's Office of Emergency Services; and 15 WHEREAS, in order to comply with the July 19, 2013, application deadline, the City 16 of San Bernardino Fire Department submitted the 2013 Emergency Management Performance 17 Grant(EMPG). 18 19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 21 SECTION 1. That San Bernardino County Fire Protection District is the selected 22 agency and has offered a negotiated price for Emergency Management Services for the City of 23 San Bernardino. Pursuant to this determination and the San Bernardino Municipal Code 24 Section 3.04.010(B)(3) and 3.04.070(F), the Director of Administrative Services or designee 25 is hereby authorized and directed to issue an Annual Purchase Order to the San Bernardino 26 27 County Fire Protection District in the amount of$55,000 for contractual services. The 28 2014-9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD 2 CONTRACT BETWEEN THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND THE CITY OF SAN BERNARDINO FOR EMERGENCY 3 MANAGEMENT SERVICES; AND RATIFYING THE SUBMITTAL OF THE 2013 4 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AUTHORIZING THE COUNTY TO APPLY FOR AND ADMINISTER THE GRANT. 5 6 annual purchase order is for three years and payment is due on or before February 1 of each 7 year. 8 SECTION 2. The City Manager is hereby authorized and directed to execute on 9 behalf of the City a Standard Contract with the San Bernardino County Fire Protection 10 11 District, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length; 13 SECTION 3. Said contract will be for Emergency Management Services for the 14 period of February 1, 2014 through January 31, 2017; 15 SECTION 4. The Mayor and Common Council hereby ratify the Fire Chief's 16 17 submittal of the 2013 EMPG in the amount of $45,477. A copy of the grant is attached as 18 Exhibit "B" and incorporated herein by reference; 19 SECTION 5. That San Bernardino County Fire Protection District or designees are 20 authorized to accept and administer the 2013 EMPG in the amount of$45,477 and authorized 21 to apply, accept, and administer future EMPGs. 22 SECTION 6. The authorization to execute the above referenced Standard Contract 23 24 and Annual Purchase Order is rescinded if the parties to the Agreement fail to execute it 25 within one hundred twenty (120) days of the passage of this Resolution. 26 27 /// 28 2014-9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A STANDARD 2 CONTRACT BETWEEN THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND THE CITY OF SAN BERNARDINO FOR EMERGENCY 3 MANAGEMENT SERVICES; AND RATIFYING THE SUBMITTAL OF THE 2013 4 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AUTHORIZING THE COUNTY TO APPLY FOR AND ADMINISTER THE GRANT. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 2lstday of January , 2014, by the following vote,to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 JENKINS x 13 VALDIVIA X 14 SHORETT x 15 16 VACANT 17 JOHNSON x 18 MULVIHILL x 19 -e 20 Geor:-ann ' .' ��, City Clerk 21 The foregoing resolution is hereby approved this day of January , 2014. 22 23 Patric J. Morris, or 24 it : San Bernardino 25 Approved as to form: 26 GARY D. SAENZ, City Attorney 27 cl B 28 2014-9 FOR OFFICIAL USE ONLY_ ® New Vendor Code Dept. Contract Number ❑ Change e "w ❑ Cancel S((��" 108 Dept. Orgn. Contractor's License No. San Bernardino County Fire Protection District 108 600 Contract Representative Telephone Total Contract Amount SAN BERNARDINO COUNTY Carlo Pacot, Finance Manager (909)387-5944 _ $ 165,000 FIRE PROTECTION Contract Type DISTRICT M Revenue rl Encumbered f Unencumbered f Other: If not encumbered or revenue contract type,provide reason: F A S Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount STANDARD CONTRACT 02/1/14 01/31/17 $165,000 $ 165,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount FES 108 600 9800 SBCity $ 165,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Emergency Management FY Amount I/D FY Amount I/D Services 13/14 $ 55,000 14/15 $55,000 15/16 $55,000 THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, hereinafter called the COUNTY FIRE, and Name City of San Bernardino Attn:Allen J. Parker, City Manager hereinafter called CITY Address 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5122 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.) EMERGENCY MANAGEMENT SERVICES BETWEEN SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND CITY OF SAN BERNARDINO This Agreement is made and entered into by and between the San Bernardino County Fire Protection District (hereinafter referred to as COUNTY FIRE) and the City of San Bernardino (hereinafter referred to as CITY). Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 4 WITNESSETH: WHEREAS, CITY desires to contract for emergency management services within the territorial boundaries of the CITY to enhance the CITY's emergency management capabilities, and WHEREAS, COUNTY FIRE is willing and able to perform such emergency management services through its Office of Emergency Services. NOW THEREFORE, it is agreed as follows: 1. COUNTY FIRE will furnish to CITY the Office of Emergency Services to enhance emergency management capabilities of the CITY in the areas of emergency operations center (EOC) readiness, Web EOC, EOC positional training, communication interface (EOC/DOC), Critical Plans (EOP/HMP) and exercises. This will include providing the CITY with a training and exercise plan. 2. When needed, COUNTY FIRE shall provide an emergency services officer to support the CITY when CITY EOC is activated and/or activate the COUNTY FIRE EOC to support the CITY's activation. 3. COUNTY FIRE will provide CITY grant management assistance on Homeland Security Grants. Such assistance includes but is not limited to the preparation of reimbursement requests, modification requests, performance reports, and status reports. 4. The CITY agrees to give its allocation of the Emergency Management Performance Grant funding annually to COUNTY FIRE for the purpose of providing emergency management to the CITY. 5. Term and Termination - The term of this Agreement shall be three (3) years, commencing February 1, 2014 and ending January 31, 2017 ("Term") unless terminated earlier as provided herein. Either party, by written notice to the other party, may terminate the whole or any part of this Agreement at any time, and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least ninety (90) days after the notice of such termination. If CITY fails to make the payment provided for in Paragraph 6, the contract shall be deemed breached and the contract terminated immediately. Upon termination, COUNTY FIRE shall be compensated only for those services which have been rendered to CITY, and COUNTY FIRE shall be entitled to no further compensation. 6. Compensation - CITY shall pay COUNTY FIRE the sum of $55,000 per year during the term of this Agreement. Payment shall be made annually and shall be due on or before February 1 of each year or COUNTY FIRE will not provide service that year. Payments received after thirty (30) days of when due shall include a 10% simple interest, or maximum allowed by law if lower, after the thirtieth (30th) day against the amount owing. 7. Reciprocal/Mutual Indemnity— hold harmless: a. COUNTY FIRE, to the extent permitted by law, agrees to indemnify and hold harmless the CITY, its officers, agents, employees and volunteers from any and all claims including employment related claims, actions or losses, damages, and/or liability resulting from COUNTY FIRE's negligent acts or omissions which arise from COUNTY FIRE's performance of its obligations under this Agreement. b. The CITY, to the extent permitted by law, agrees to indemnify and hold harmless COUNTY FIRE and its officers, employees, agents and volunteers from any and all claims including employment related claims, actions, losses or damages and/or liability arising out of the CITY's negligent acts or omissions which arise from CITY's performance of its obligations under this Agreement. Revised 1/8/13 Page 2 of 4 c. In the event CITY and/or COUNTY FIRE is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, CITY and/or COUNTY FIRE shall indemnify the other to the extent of its comparative fault. d. Notwithstanding indemnification for any claim, action losses, or damage involving a third party, the CITY and COUNTY FIRE hereby waive any and all rights of subrogation recovery against each other. 8. Insurance - COUNTY FIRE and CITY are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers' Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the term, conditions or obligations of this agreement. 9. Waiver of Subrogation Rights - The CITY shall require the carriers of required coverage's to waive all rights of subrogation against COUNTY FIRE, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CITY and CITY's employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby waives all rights of subrogation against COUNTY FIRE. 10. Proof of Coverage - COUNTY FIRE shall, within sixty (60) days of commencement of this Agreement, furnish certificates of insurance or self-insurance to DISTRICT evidencing the insurance coverage including endorsements, above required prior to the commencement of performance of service hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CITY, and COUNTY FIRE shall maintain such insurance from the time COUNTY FIRE commences performance of services hereunder until the completion of such services. 11. Severability - If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had ever been contained herein. 12. Applicable Laws - At all times during the term of this Agreement, the CITY and the COUNTY FIRE shall comply with all applicable laws, ordinances, rules and regulations of the United States of America, the State of California including all agencies and subdivisions thereof. 13. Attorney Fees and Cost - If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own cost and attorney's fees, regardless of who is the prevailing party. 14. Venue - The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by a third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County. 15. Notices - Any and all notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such address as the respective parties may provide in writing by registered or certified mail, postage prepaid for this purpose: Revised 1/8/13 Page 3 of 4 COUNTY FIRE: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Attn: Fire Chief 157 W. 5th Street, 2nd floor San Bernardino, CA 92415-0451 CITY: CITY OF SAN BERNARDINO Attn: City Manager 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 16. Successors and Assigns-This Agreement shall be binding on the successors and assigns of the parties. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. San Bernardino County Fire Protection District City of San Bernardino (Print or type name of corporatio company,contractor,etc.) ► By ► 4. Janice Rutherford, Chair, Board of Directors (A ri d signature-sign in blue ink) Dated: Name Allen J. Parker (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager CHAIRMAN OF THE BOARD / (Print or Type) Laura H.Welch, Secretary Dated: //,2,z.,//y By Address 300 North "D" Street Deputy San Bernardino, CA 92415 Approved as to Legal Form Reviewed by Contract Compliance Presented to Board for Signature ► ► ► Carol Greene,Deputy County Counsel Mark A.Hartwig,Fire Chief/Fire Warden Date Date Date Revised 1/8/13 Page 4 of 4 County of San Bernardino Fire Department, Office of Emergency Services City of San Bernardino, contract services plan(for Emergency Management), The Office of Emergency Service (OES) will provide the City of San Bernardino the following Emergency Management Functions: Function Contact Person Emergency Operations Center Readiness ESO Robin Lindsey EOC Training ESO Robin Lindsey Critical Plan Updates (EOP,HMP) ESO's Carrie Cruz,Miles Wagner Communications/EOC/DOC ESO Zack Mullennix Exercises ESO Robin Lindsey Preparedness ESO Michael Ramirez Activations OES Staff on Call WEB EOC Robin Lindsey Emergency Services Manager Michael Antonucci will coordinate all activities for San Bernardino City, backed up by Assistant Emergency Services Manager Cindy Serrano. Contact List Staff Phone E-mail Michael Antonucci (909) 356-3930 michael.antonucci @oes.sbcounty.gov Cindy Serrano (909) 356-3963 cindy.serrano @oes.sbcounty.gov Kalina Cox (909)356-3836 kalina.cox @oes.sbcounty.gov Carrie Cruz (909) 356-3921 carrie.cruz @oes.sbcounty.gov Robin Lindsey (909)356-2336 robin.lindsey @oes.sbcounty.gov John Lopez (909) 356-3913 john.lopez @oes.sbcounty.gov Zack Mullennix (909) 356-3938 zackary.Mullennix @oes.sbcounty.gov Cheryl Nagy (909) 356-3910 cheryl.nagy @oes.sbcounty.gov Michael Ramirez (909) 356-3987 michael.ramirez@oes.sbcounty.gov Miles Wagner (909)356-3934 miles.wagner@oes.sbcounty.gov 24/7 Cell Phone—OES Duty Officer (909) 356-3911 24/7 e-mail for OES Duty Officer: SBCOA @oes.sbcounty.gov **Kalina Cox and John Lopez are first point of contact for information, if you don't know who to ask a question. Concept of Operations 1. OES will evaluate and provide the City of San Bernardino Emergency Management Functions in the following areas: a. EOC readiness b. Web EOC c. EOC positional training d. Communication interface (EOC/DOC) e. Critical Plans (EOP/HMP) f. Exercises 2. OES will meet with the City and seek goals and objectives for their EOC/EM and staff 3. OES will put a plan together (with a timeline) to meet the City Goals and enhance the city EM capabilities'. 4. OES will assign appropriate staff to each area which needs to be addressed 5. OES will provide the City with a training and exercise plan 6. The City will provide OES with a primary and secondary contact to coordinate training/exercises and other functions. 7. The City will facilitate city personnel's involvement with the EOC/DOC training and exercises 8. OES will provide support to the City when they activate by sending an OES Emergency Services Officer (if needed) to the City EOC and/or activating the county EOC to support the City's activation. 9. OES will assist the City with grant management (reports, documentation, modifications etc.). If the City desires OES to perform this function, the City must provide financial records, (invoices, payment ledger, check copies) to OES to complete this function. 10. The City will pay County Fire Office of Emergency Services $55,000 annually and turn over the Emergency Management Preparedness Grant (EMPG) to OES to provide the above services. 11. If this concept is accepted, OES will forward contract documents for the City of San Bernardino to execute. 2014-9 FOR OFFICIAL USE ONLY ® New Vendor Code Dept. Contract Number ❑ Change 19-11 Sc 108 A ❑ Cancel Dept. Orgn. Contractor's License No. San Bernardino County Fire Protection District 108 600 1 Contract Representative Telephone Total Contract Amount SAN BERNARDINO COUNTY Carlo Pacot, Finance Manager (909)387-5944 $ 165,000 FIRE PROTECTION Contract Type DISTRICT 11 Revenue fl Encumbered I-1 Unencumbered n. Other: If not encumbered or revenue contract type,provide reason: F A S Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount STANDARD CONTRACT 02/1/14 01/31/17 $165,000 $ 165,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount FES 108 600 9800 SBCity $ 165,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Emergency Management FY Amount I/D FY Amount I/D Services 13/14 $ 55,000 14/15 $55,000 15/16 $55,000 THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, hereinafter called the COUNTY FIRE, and Name City of San Bernardino Attn: Allen J. Parker, City Manager hereinafter called CITY Address 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384 -5122 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.) EMERGENCY MANAGEMENT SERVICES BETWEEN SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND CITY OF SAN BERNARDINO This Agreement is made and entered into by and between the San Bernardino County Fire Protection District (hereinafter referred to as COUNTY FIRE) and the City of San Bernardino (hereinafter referred to as CITY). Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 1 of 4 WITNESSETH: WHEREAS, CITY desires to contract for emergency management services within the territorial boundaries of the CITY to enhance the CITY's emergency management capabilities, and WHEREAS, COUNTY FIRE is willing and able to perform such emergency management services through its Office of Emergency Services. NOW THEREFORE, it is agreed as follows: 1. COUNTY FIRE will furnish to CITY the Office of Emergency Services to enhance emergency management capabilities of the CITY in the areas of emergency operations center (EOC) readiness, Web EOC, EOC positional training, communication interface (EOC/DOC), Critical Plans (EOP/HMP) and exercises. This will include providing the CITY with a training and exercise plan. 2. When needed, COUNTY FIRE shall provide an emergency services officer to support the CITY when CITY EOC is activated and/or activate the COUNTY FIRE EOC to support the CITY's activation. 3. COUNTY FIRE will provide CITY grant management assistance on Homeland Security Grants. Such assistance includes but is not limited to the preparation of reimbursement requests, modification requests, performance reports, and status reports. 4. The CITY agrees to give its allocation of the Emergency Management Performance Grant funding annually to COUNTY FIRE for the purpose of providing emergency management to the CITY. 5. Term and Termination - The term of this Agreement shall be three (3) years, commencing February 1, 2014 and ending January 31, 2017 ("Term") unless terminated earlier as provided herein. Either party, by written notice to the other party, may terminate the whole or any part of this Agreement at any time, and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least ninety (90) days after the notice of such termination. If CITY fails to make the payment provided for in Paragraph 6, the contract shall be deemed breached and the contract terminated immediately. Upon termination, COUNTY FIRE shall be compensated only for those services which have been rendered to CITY, and COUNTY FIRE shall be entitled to no further compensation. 6. Compensation - CITY shall pay COUNTY FIRE the sum of $55,000 per year during the term of this Agreement. Payment shall be made annually and shall be due on or before February 1 of each year or COUNTY FIRE will not provide service that year. Payments received after thirty (30) days of when due shall include a 10% simple interest, or maximum allowed by law if lower, after the thirtieth (30th) day against the amount owing. 7. Reciprocal/Mutual Indemnity— hold harmless: a. COUNTY FIRE, to the extent permitted by law, agrees to indemnify and hold harmless the CITY, its officers, agents, employees and volunteers from any and all claims including employment related claims, actions or losses, damages, and/or liability resulting from COUNTY FIRE's negligent acts or omissions which arise from COUNTY FIRE's performance of its obligations under this Agreement. b. The CITY, to the extent permitted by law, agrees to indemnify and hold harmless COUNTY FIRE and its officers, employees, agents and volunteers from any and all claims including employment related claims, actions, losses or damages and/or liability arising out of the CITY's negligent acts or omissions which arise from CITY's performance of its obligations under this Agreement. Revised 1/8/13 Page 2 of 4 c. In the event CITY and/or COUNTY FIRE is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, CITY and/or COUNTY FIRE shall indemnify the other to the extent of its comparative fault. d. Notwithstanding indemnification for any claim, action losses, or damage involving a third party, the CITY and COUNTY FIRE hereby waive any and all rights of subrogation recovery against each other. 8. Insurance - COUNTY FIRE and CITY are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers' Compensation and Property Damage and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the term, conditions or obligations of this agreement. 9. Waiver of Subrogation Rights - The CITY shall require the carriers of required coverage's to waive all rights of subrogation against COUNTY FIRE, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CITY and CITY's employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby waives all rights of subrogation against COUNTY FIRE. 10. Proof of Coverage - COUNTY FIRE shall, within sixty (60) days of commencement of this Agreement, furnish certificates of insurance or self-insurance to DISTRICT evidencing the insurance coverage including endorsements, above required prior to the commencement of performance of service hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CITY, and COUNTY FIRE shall maintain such insurance from the time COUNTY FIRE commences performance of services hereunder until the completion of such services. 11. Severability - If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had ever been contained herein. 12. Applicable Laws - At all times during the term of this Agreement, the CITY and the COUNTY FIRE shall comply with all applicable laws, ordinances, rules and regulations of the United States of America, the State of California including all agencies and subdivisions thereof. 13.Attorney Fees and Cost - If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own cost and attorney's fees, regardless of who is the prevailing party. 14. Venue - The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by a third party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County. 15. Notices - Any and all notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such address as the respective parties may provide in writing by registered or certified mail, postage prepaid for this purpose: Revised 1/8/13 Page 3 of 4 ' . Y COUNTY FIRE: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Attn: Fire Chief 157 W. 5th Street, 2nd floor San Bernardino, CA 92415-0451 CITY: CITY OF SAN BERNARDINO Attn: City Manager 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 16. Successors and Assigns-This Agreement shall be binding on the successors and assigns of the parties. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. San Bernardino County Fire Protection District City of San Bernardino (Print or type name of corporraatt ioo company,contractor,etc.) Janice Ruthe rd, Chair, Board of Directors (a ri d signature-sign in blue ink) Dated: of IN 2 $ " Name Allen J. Parker (Print or type name of person signing contract) SIGNED AND CERTI _ COPY OF THIS DOCUMENT HAS B@ c •! TO THE Title City Manager CHAIRMAN OF ,''•�. QPtR©•••.• �'p `,� / (Print or Type) z,..Laura H. W tctf- retary Dated: //401 t / / By 52:, -.1 J •3,S Address 300 North "D" Street �l TECTION San Bernardino, CA 92415 Approved as to Legal Form Reviewed by Contract Compliance Present; and fo Signature . �_air � ._a__ , 1 b// o Carol G'ne,Deputy C. • Counsel Mark A. '' •g,Fir- hief/Fire Warden Date //c c .j / 7" ; Date Date Revised 1/8/13 Page 4 of 4 REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND RECORD OF ACTION January 28, 2014 FROM: MARK A. HARTWIG, Fire Chief/Fire Warden San Bernardino County Fire Protection District SUBJECT: REVENUE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR OFFICE OF EMERGENCY SERVICES RECOMMENDATION(S) Acting as the governing body of the San Bernardino County Fire Protection District, approve a revenue Agreement No. 14-17 between the City of San Bernardino and the San Bernardino County Fire Protection District through its Office of Emergency Services, for the purpose of enhancing the City of San Bemardino's emergency management capabilities for the period commencing February 1, 2014 to January 31, 2017. (Presenter: Mike Antonucci, Emergency Services Manager, 356-3998) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT The approval of this item will not result in the use of Discretionary General Funding (Net County Cost). Under the terms of this agreement, San Bernardino County Fire Protection District (County Fire) will provide emergency management services through its Office of Emergency Services to the City of San Bernardino (City) for an annual amount of$55,000 for a total amount of$165,000 for the term of the agreement. Additionally, the City will give to County Fire their future annual Emergency Management Performance Grant funding, within the period of the agreement ($45,477 for 2013-14). Revenue and appropriations for providing the Office of Emergency Services to City will be included in County Fire's future quarterly budget adjustment and the subsequent recommended budgets (FES-108-600). BACKGROUND INFORMATION The City desires to contract with County Fire's Office of Emergency Services to enhance the City's emergency management capabilities for an annual amount of$55,000 payable on or before February 1, 2014 for the coming year or service will not be provided. In addition, the City agrees Page 1 of 2 cc: SBCFPD-Hartwig w/Agree Record of Action of the Board of Directors Contractor do SBCFPD w/Agree ACR-Acct. Pay. Mgr.w/Agree APPROV- '' •14 T CALENDAR) 'I EBIX-BPO do Risk Mgmt. C•^="' , kIQ = -NARDINO CAO-Pacot San Ber-- l ino•Countyf u •tection District File-w/Agree •, ss 1/29/14 •R- I MOTION AY; co AYE •• ‘o SECOND AYE 1 i 2 I 4 5 • LAURA H WEL 7 CR 1T��" ' , ; Acr Rev 7-1-19 ITEM 51 '‘N, to DATED: January 28, ---- REVENUE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR OFFICE OF EMERGENCY SERVICES JANUARY 28, 2014 PAGE 2 OF 2 to give its future allocations of the Emergency Management Performance Grant funding, for the period of the agreement, to County Fire for the purpose of providing-emergency management to the City. County Fire finds it in the best interest of the County to provide such services to the City. REVIEW BY OTHERS This item has been reviewed by County Counsel (Carol Greene, Deputy County Counsel, 387-5455) on December 23, 2013; Finance (Carlo Pacot, Administrative Analyst, 387-5944) on December 23, 2013; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 382-5423) on January 14, 2014. 1/28/14#51