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HomeMy WebLinkAbout14-Fire Department CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION R I G ! N A 1 From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the City of San Bernardino to enter into a new agreement with San Manuel Band of Mission Indians to provide fire protection, EMS, fire prevention services, emergency dispatching, IT Dept: Fire support and fire apparatus maintenance to their tribal lands. Date: August 28, 2007 MC/C Meeting Date: September 17, 2007 Synopsis of Previous Council Action: 08/18/03 Resolution 2003-232 adopting Amendment Number One to the Emergency Services Agreement between the City of San Bernardino and the San Manuel Band of Mission Indians. 12/06/99 Resolution 1999-314 approved a contract and promissory note with the San Manuel Band of Mission Indians to provide fire protection service to their tribal lands from July 1, 1999 through June 30, 2006. RECOMMENDATION: 1. Adopt resolution; and 2. Authorize the addition of one (1) Dispatcher 1, Range 1366 ($2,755-$3,348), to begin employment on December 1, 2007; and 3. Authorize the addition of one (1) Equipment Mechanic I, Range 1378 ($2,925-$3,555), to begin employment on December 1, 2007; and 4. Authorize the Human Resources Department to update Resolution 6413, Section Ten, to reflect this action; and 5. Authorize the Finance Director to amend the FY 2007-08 adopted budget to reflect in the Fire Acquisition Fund (211) $863,300 (rounded) to be received in revenue from this contract and the corresponding planned expenditure of these funds as outlined in this report. Signature Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Agreement Ward: City Wide FUNDING REQUIREMENTS: Amount: $863,328.97 in Revenue generated from agreement. 45-:sa Finance: Council Notes: ZoD 7 -.39 7 7 /,07 Agenda Item No. / STAFF REPORT SUBJECT Resolution authorizing the City of San Bernardino to enter into a new agreement with San Manuel Band of Mission Indians to provide fire protection, EMS, fire prevention services, emergency dispatching, IT support and fire apparatus maintenance to their tribal lands. BACKGROUND On December 6, 1999, the Mayor and Common Council approved Resolution 1999-314 approving a contract and promissory note with San Manuel Band of Mission Indians (SMBMI)to provide fire protection service to their tribal lands. The agreement was for a term of seven (7) years from July 1, 1999 through June 30, 2006. In consideration for the promises and services set forth in the 1999 agreement, SMBMI compensated the City of San Bernardino by purchasing 3 fire engines, 1 hazardous materials unit, and ancillary equipment for the total amount of$1,260,864. On August 18, 2003, the Mayor and Common Council adopted Resolution 2003-232 adopting amendment number one to the emergency service agreement between the City and SMBMI. The amendment was necessary due to the fact that SMBMI established its own fire department and began operations on June 1, 2003. Therefore, the December 6, 1999 agreement needed to be amended to adjust responsibilities to maintain a balance of service delivery and recompense. The seven-year agreement between SMBMI and the City has expired and SMBMI has requested to enter into a successor agreement from July 1, 2007 through July 1, 2017. Since implementation date of the agreement has passed, the resolution ratifies any action taken from July 1, 2007 through the date that the agreement is executed. The new agreement is for the City of San Bernardino Fire Department to continue to provide fire protection, EMS, fire prevention services, emergency dispatching, IT support and fire apparatus maintenance to SMBMI tribal lands. As part of this agreement SMBMI will have an automatic/joint response with the City Fire Department to areas outside of tribal lands and within the City. The term of the agreement is for ten years, from July 1, 2007 through July 1, 2017, with automatic renewals for successive five-year terms unless either party gives the other party notice of cancellation. The agreement outlines mutual expectations, rights, and responsibilities of the SMBMI and the City. The City or SMBMI may terminate the agreement without cause upon delivery of written notice to the other party no sooner than the first day of the first month of the final year of the term, and no later than the last day of the sixth month of the final year of the term. 1 FINANCIAL IMPACT The total value of this contract is $2,228,349 (rounded) per Section 6 of the contract SMBMI has agreed to purchase for the City's Fire Department two Pierce 100' Tractor Drawn Aerial Fire Trucks, at an estimated cost of$1,365,020. In addition, SMBMI will pay the City the remaining balance of the total contract amount within 60 days from execution of the contract. The Fire Department recommends that this revenue, $863,300 (rounded), from the contract fund the following priority needs: 1. Add a Dispatcher I position (estimated annual cost is $50,962). The Fire Dispatch Center is under staffed for the level of service it provides to the City. As a result of the added workload from this contract we are requesting an additional Dispatcher I position to be funded for 2 years, in the amount of $101,924,with SMBMI revenues. Thereafter, the City will fund the position. 2. Add an Equipment Mechanic I position (estimated annual cost is $50,081). The personnel requirements in meeting the Maintenance and Repair needs of the Fire Department Fleet has steadily increased over recent years creating the need for an additional Equipment Mechanic. This contract includes the maintenance and repair of the San Manuel Fire Department vehicle and equipment fleet, thereby adding an additional 9 vehicles to the repair shop's workload. The San Manuel fleet is comprised of apparatus from a different manufacturer from those we use in our department thus creating additional training and experience requirements for our mechanics. We are requesting an additional Equipment Mechanic 1 position to be funded for 2 years, in the amount of$100,162, with SMBMI revenues. Thereafter, the City will fund the position. 3. Purchase a orklift (estimated cost is $25,000). The 1964 model forklift that is presently being utilized by the Vehicle Maintenance Division has become an on-going maintenance problem where parts are unavailable. The replacement of this unit with a newer model (used) forklift is necessary. 4. Allocate $10,000 to Information TechnolMg . This item is to provide funding to IT for their service to SMBMI including maintenance of MDC, alerting systems, CAD and communication links between the City and San Manuel FD. 5. Fund the purchase of fire equipment (estimated cost is $60,000). The fire equipment (i.e. communication equipment, fire hose, MDC, etc) is to be installed on the two (2)new Pierce 100' Tractor Drawn Aerial Fire Trucks. 6. Fund the purchase of a new Fire Station Alerting System (estimated cost is $360,000). The present fire station alerting system that is used to notify stations of an emergency response is very old and outdated. Parts to repair the system are no longer available and repairs are made regularly by utilizing surplus parts or equipment that has gone out of service. A new alerting system 2 will allow an approximate 30 second reduction in response times by automating certain dispatch functions thereby potentially saving additional lives and property damage. 7. Remaining_funds (estimated $206,215). Fire is requesting that the remaining funds be reserved in the Fire Acquisition account for Fire Department expenditures. This contingency is for unforeseen expenditures for the Fire Department equipment and projects. As discussed above, the agreement with SMBMI after they purchase the two Pierce 100' Tractor Drawn Aerial Fire Trucks will result in estimated net revenue of $863,300 (rounded) to the City for Fiscal Year 2007/2008. As discussed in the staff report, the Fire Department recommends hiring two (2) new positions, purchase a forklift, purchase ancillary fire equipment, provide funding to IT (internal services), purchase a new fire station alerting system and reserve remaining funds. Revenues and expenditures related to this contract will be tracked in a separate fund (211-Fire Acquisition Fund). A budget amendment is needed to budget the estimated revenues to be received and to appropriate use of these funds, as outlined in this staff report. RECOMMENDATION 1. Adopt resolution; and 2. Authorize the addition of one (1) Dispatcher I, Range 1366 ($2,755-$3,348), to begin employment on December 1, 2007; and 3. Authorize the addition of one (1) Equipment Mechanic I, Range 1378 ($2,925- $3,555), to begin employment on December 1, 2007; and 4. Authorize the Human Resources Department to update Resolution 6413, Section Ten, to reflect this action; and 5. Authorize the Finance Director to amend the FY 2007-08 adopted budget to reflect in the Fire Acquisition Fund (211) $863,300 (rounded) to be received in revenue from this contract and the corresponding planned expenditure of these funds as outlined in this report. 3 San Manuel Band o.f Mission Indians A MICHELLE TURNER August 9, 2007 Sr.Legal Administrator (909)864-8933 Internet Address: mtumer@sarLmanuel-nsn.gov Mike Conrad City of San Bernardino 300 North D Street, 3rd Floor San Bernardino, CA 92418 Re: Emergency Services Agreement Dear Mr. Conrad: Enclosed for your review and approval are three originals of the Emergency Services Agreement between San Manuel Band of Mission Indians, a federally recognized Indian tribe (the "Tribe") and the City of San Bernardino ("City"). Please cause to be executed all originals and return to our office one fully executed original. Please contact Mike Smith at (909) 864-6928 if you have any questions or comments. Very truly yours, MICHEL{E TURNER Senior Legal Administrator /mt Enclosures 26569 Community Center Drive • Highland, Cpl 92346 • office: (909) 864-8933 FAX. (909) 864-3370 P0. Box266 • Patton, CAL 92369 I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO ,raw 3 A NEW AGREEMENT WITH THE SAN MANUEL BAND OF MISSION I.NDIANS TO 4 PROVIDE FIRE PROTECTION, EMS, FIRE PREVENTION SERVICES, EMERGENCY DISPATCHING, IT SUPPORT AND FIRE APPARATUS MAINTENANCE TO THEIR 5 TRIBAL LANDS. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: �! 7 8 SECTION 1. That San Manuel Band of Mission Indians and the City of San Bernardino 9 wish to enter into a new agreement for fire protection, EMS, fire prevention services, emergency 10 dispatching, IT support p pp and fire apparatus maintenance to San Manuel Band of Mission Indians I 11 tribal lands; 12 SECTION 2. The City Manager or his designee is hereby authorized and directed to 13 execute said agreement, a copy of which is attached as Attachment A; 14 I SECTION 3. Said agreement is for a term erm of ten years, from July 1, 2007 through July 1, 15 2017 with a five-year extension provision; therefore, any action taken between July 1, 2007 and 16 the date that the agreement is executed is hereby ratified. 17 SECTION 4. Said agreement amount shall be for eight hundred sixty-three thousand three 18 hundred twenty eight dollars and ninety-seven cents ($863,328.97). 19 SECTION 5. The authorization to execute the above referenced agreement is rescinded if 20 it is not executed within one hundred and twenty (120) days of the passage of this resolution. 21 22 23 24 25 26 27 28 � 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO 2 A NEW AGREEMENT WITH THE SAN MANUEL BAND OF MISSION INDIANS TO PROVIDE FIRE PROTECTION, EMS, FIRE PREVENTION SERVICES, EMERGENCY 3 DISPATCHING, IT SUPPORT AND FIRE APPARATUS MAINTENANCE TO THEIR 4 TRIBAL LANDS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of , 2007, by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 City of San Bernardino 20 The foregoing Resolution is hereby approved this day of , 2007. 21 22 23 Patrick J. Morris, Mayor ,24 City of San Bernardino I 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 78 / i EMERGENCY SERVICES AGREEMENT This Agreement is made and entered into in San Bernardino,California,by and between the San Manuel Band of Mission Indians,a federally recognized Indian tribe having an address at 26569 Community Center Drive,Highland,California("Tribe")and the City of San Bernardino,having an address at 300 North "D" Street, San Bernardino, California("City"), effective as of July 1, 2007. RECITALS WHEREAS,Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS, each party desires to maintain a balance of service delivery between the Tribe and the City; and, WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS, it is in the best interests of the tribal members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service;and, WHEREAS,each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair, and emergency medical services on a day to day basis; and, WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW,THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. City will furnish fire protection services, including 911 response, emergency medical advanced life support("Emergency Services")to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: A. The City agrees to provide a designated fire or rescue response,as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jurisdiction. CityofSa_Agreement v6[1] ATTACHMENT "A" B. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe, to those areas within City's jurisdiction. C. The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. D. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS) resources. E. Upon receipt of a call for service in Tribe's jurisdiction, or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource,the City's communications center will dispatch Tribe's personnel using an established communication link,and provide them with the specific information of the call. F. Upon receipt of a call for service by Tribe,which is within their jurisdictional area,Tribe, as the jurisdictional department,will respond with the nearest and appropriate designated fire or EMS unit to that call for service. The Tribe will then notify the City's fire communications center,which will,in turn,dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system (CAD). G. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station, to the time when the responding unit goes en-route. This time interval will be tracked through the City's CAD system. H. The City and Tribe intend that this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, areas to be assisted, methods of dispatching and communications,training programs and procedures,methods of requesting aid,and persons authorized to send and receive such requests,together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. CityotSa_Agreement_v6[1] J. In those instances where the Tribe is dispatched to, and/or arrives first to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation. However, it is assumed that City resources will arrive shortly after the arrival of Tribe. Thereafter,the responsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point,Tribe resources will be under the direction of the officer-in-charge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate. K. In those instances where the City is dispatched to, and/or arrives first, to an incident occurring within the Tribe's jurisdiction, City resources will take the necessary action dictated by the situation. However,it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon their arrival at the scene.At that point,City resources will be under the direction of the officer-in-charge from the Tribe.It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. L. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe. This includes routine maintenance of air bottles,regulators,harnesses, hoses, and masks, including all parts contained therein. The City will also provide CalOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufacturer's specifications. M. Tribe will be responsible for purchasing all breathing apparatus equipment to be used by their agency,all parts for routine maintenance and repair,including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. N. Tribe agrees to purchase and use only those breathing apparatus types that are approved by the City. This includes all masks, harnesses, regulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. O. City agrees to include and to provide routine maintenance to Tribe fire apparatus.City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. P. City agrees to provide Tribe fire apparatus with emergency repair service(same as City provided to City apparatus). City to bear labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. I CityofSa_Agreement_v6[1] Q. City agrees to monitor and order parts and automotive fluids as needed. City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. R. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus. S. City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. T. City Equipment Maintenance Supervisor will submit to apparatus manufacturer work to be done on apparatus. City Fire will provide warranty work as authorized by manufacturer. Approval will be given by manufacturer prior to beginning work. U. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the City's apparatus shop will be referred to an outside vendor. Tribe will bear all costs incurred by such service. V. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures,arrange for tow service for Tribe Fire apparatus. City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service. W. Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures. Both parties agree to exchange information related to maintenance of apparatus/equipment. X. City agrees to provide technical Information Services support of Tribe's fire department dispatching and communications equipment, software and hardware. This includes maintenance and operability of Mobile Data Computers (MDC), fire station alerting system, back-up fire station alerting system, maintenance of Tribe's information and policies in City's Computer Aided Dispatch (CAD) system, and maintenance and operation of communications links between Tribe and City's dispatch center. Such support will be provided by City on a timely basis with requests for service to be reasonably answered within thirty (30) days of initiation by Tribe. The City will not provide communication support to systems that the City usually contracts out, such as 800 MHz and radio installation/repair. Y. City agrees to repair small engines including but not limited to extrication equipment, chainsaws and generators,and shall not exceed the capability of the City. City shall bear labor-related costs; Tribe shall bear the costs of related items purchased. Z. The City agrees to provide emergency aerial truck response to the Tribe business facility located on the south/east corner of Highland Ave. and Boulder Ave. in the City of CityofSa_A,greement_v6(I] Highland, California. The provision of this service will be subject to the availability of the City's aerial apparatus AA. City agrees to indemnify Tribe Fire personnel while operating City fire apparatus Tribe agrees to indemnify City Fire personnel while operating Tribe fire apparatus. BB. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. SECTION 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands,and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. SECTION 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. SECTION 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of ten years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term,and no later than the last day of the sixth month of the final year of the term. Notwithstanding such term and cancellation provisions, the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. SECTION 6. In consideration for the promises and services set forth in this Agreement for the ten year term,Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition,the Tribe agrees to pay the City the remaining balance of the total contract amount within 60 days from execution of the contract (see Exhibit A). Tribe shall complete the purchasing process no later than 60 days from execution of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. SECTION 7. Title and ownership of apparatus and equipment shall be given to City by d Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior Cityof$a Agreement_v6[1] to the end of the ten year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the ten year term. To the extent permitted by current law,Tribe and City(through its Fire Chief and as approved by the Mayor)agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Manuel Band of Mission Indians". SECTION 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement,provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement,the party so at fault shall indemnify the other to the extent of its comparative fault. SECTION 9. Without in anyway affecting the indemnity provisions herein and in addition thereto,City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A. Workers Compensation,including employers' liability with$250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B. Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services,having combined single limits for bodily injury and property damages of not less than one million dollars; and C. Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. SECTION 10. All policies of insurance or self-insurance shall name Tribe as an additional insured. SECTION 11. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents,representatives and members. SECTION 12. All policies above are to be primary and non-contributory with any other insurance or self-insurance programs carried or administered by Tribe. SECTION 13. Upon execution of this Agreement,City shall famish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements, which certificates shall provide that such insurance shall not be terminated or expire Cityof5a_Ageement_v6[11 except with thirty days written notice to Tribe,and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. SECTION 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified, as reasonable need shall require. Any disputes with respect to such modifications shall be resolved in accordance with Section 15 below. SECTION 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue,a party may initiate judicial proceedings in accordance with Paragraph 19 herein. SECTION 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. SECTION 17. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail,return receipt requested,or by overnight mail delivery for which a signature is required and shall be addressed as follows: A. San Manuel Tribal Administration B. City Manager P.O. Box 266 City of San Bernardino Patton, CA 92369 300 North "D" Street Attn: Tribal Chairperson San Bernardino, CA 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. SECTION 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents SECTION 19. Subject to the provisions of this Section 19,Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance,and Tribe shall have sixty HEidcm[agrmt3.sanmanue1l 7 (60)calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer,a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2) years after the claim accrues or one (1) year after the claim is discovered, but in no event later than two(2)years from the date the claim is first submitted to the Tribe,or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2)years following the expiration,termination,or cancellation of this Agreement(whichever is later),except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19,which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California,County of San Bernardino. Without in any way limiting the generality of the foregoing,Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court,to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe,except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent,or any occupancy or other rights or entitlements therein or related thereto, HE dcm[aermt1samnanuell 8 shall be subject to attachment, execution, lien,judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction,all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 20. In the event that any provision of this Agreement is held to be void or unenforceable,except for the waiver of sovereign immunity set forth in Paragraph 19,the remaining provisions shall remain in full force and effect. San Manuel Band City of San Bernardino of Mission Indians v Henry Duro Fred Wilson Tribal Chairman City Manager Approved as to form: James F. Penman, City Attorney By James F. Penman City Attorney I HEr ncmiagrmt3.sanmanue1] 9 EXHIBIT A Type of Apparatus Unit Cost Total Two (2) Pierce, 100 ft. 663,791.00 1,327,582.00 Tractor Drawn Aerial Ladder Trucks Less Manufacturer's (60,742.00) Prepayment Discount Cost after Discount 1,266,840.00 Sales Tax 1 98,180.00 I Total Cost $1,365,020.00 Total Contract Amount Cost of Trucks Cash Due to City 2,228,348.97 1,365,020.00 $863,328.97 i Mechanic 1 (2 s) Dispatcher 1 (2 s) Total Cost Balance 95392.00 97070.00 192,462.00 $670,866.97 SUMMARY OF EXPENDITURES Total Contract Cost of(2) Trucks Cost of Mechanic & Balance Amount Dispatcher Positions 2,228,348.97 1,365,020.00 192,462.00 $670,866.97 10 San ManueCBand of Mission Indians August 9, 2007 MICHELLE TURNER Sr.Legal Administrator (909)864-8933 Internet Address: mtumer sanmanuel-nsn.gov Mike Conrad City of San Bernardino 300 North D Street, 3rd Floor San Bernardino, CA 92418 Re: Emergency Services Agreement Dear Mr. Conrad: Enclosed for your review and approval are three originals of the Emergency Services Agreement between San Manuel Band of Mission Indians, a federally recognized Indian tribe (the "Tribe") and the City of San Bernardino ("City"). Please cause to be executed all originals and return to our office one fully executed original. Please contact Mike Smith at (909) 864-6928 if you have any questions or comments. Very truly yours, /e! � MICHEL E TURNER Senior Legal Administrator V�� t /mt o4�yw Enclosures 26569 Community Center Drive • Hf ghland, Cpl 92346 • Office: (909) 864-8933 FAX (909) 864-3370 PO. Box 266 • Patton, CAL 92369 EMERGENCY SERVICES AGREEMENT This Agreement is made and entered into in San Bernardino,California,by and between the San Manuel Band of Mission Indians,a federally recognized Indian tribe having an address at 26569 Community Center Drive,Highland,California("Tribe")and the City of San Bernardino,having an address at 300 North "D" Street, San Bernardino, California("City"), effective as of July 1, 2007. RECITALS . WHEREAS,Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction ("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS, each party desires to maintain a balance of service delivery between the Tribe and the City; and, WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS,it is in the best interests of the tribal members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service;and, WHEREAS,each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair, and emergency medical services on a day to day basis; and, WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: l SECTION 1. City will furnish fire protection services, including 911 response, emergency medical advanced life support("Emergency Services")to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: A. The City agrees to provide a designated fire or rescue response,as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jurisdiction. ,i CityotSa_Agreement_v6[1 B. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe, to those areas within City's jurisdiction. C. The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. D. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS)resources. E. Upon receipt of a call for service in Tribe's jurisdiction,or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource,the City's communications center will dispatch Tribe's personnel using an established communication link,and provide them with the specific information of the call. F. Upon receipt of a call for service by Tribe,which is within their jurisdictional area,Tribe, as the jurisdictional department,will respond with the nearest and appropriate designated fire or EMS unit to that call for service. The Tribe will then notify the City's fire communications center,which will,in turn,dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system (CAD). G. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station,to the time when the responding unit goes en-route. This time interval will be tracked through the City's CAD system. H. The City and Tribe intend that this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, areas to be assisted, methods of dispatching and communications,training programs and procedures,methods of requesting aid,and persons authorized to send and receive such requests,together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. CityotSa_Ageement_v6[1] J. In those instances where the Tribe is dispatched to, and/or arrives first to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation. However, it is assumed that City resources will arrive shortly after the arrival of Tribe. Thereafter,the responsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point,Tribe resources will be under the direction of the officer-in-charge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate. K. In those instances where the City is dispatched to, and/or arrives first, to an incident occurring within the Tribe's jurisdiction, City resources will take the necessary action dictated by the situation. However,it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon their arrival at the scene.At that point,City resources will be under the direction of the officer-in-charge from the Tribe.It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. L. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe. This includes routine maintenance of air bottles,regulators,harnesses, hoses, and masks, including all parts contained therein. The City will also provide CalOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufacturer's specifications. M. Tribe will be responsible for purchasing all breathing apparatus equipment to be used by their agency,all parts for routine maintenance and repair,including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. N. Tribe agrees to purchase and use only those breathing apparatus types that are approved by the City. This includes all masks, harnesses, regulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. O. City agrees to include and to provide routine maintenance to Tribe fire apparatus.City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. P. City agrees to provide Tribe fire apparatus with emergency repair service(same as City provided to City apparatus). City to bear labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. CityofSa_Agreement_v6[I) i i i Q. City agrees to monitor and order parts and automotive fluids as needed.City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. R. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus. S. City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. T. City Equipment Maintenance Supervisor will submit to apparatus manufacturer work to be done on apparatus. City Fire will provide warranty work as authorized by manufacturer. Approval will be given by manufacturer prior to beginning work. U. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the City's apparatus shop will be referred to an outside vendor. Tribe will bear all costs incurred by such service. V. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures,arrange for tow service for Tribe Fire apparatus.City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service. W Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures. Both parties agree to exchange information related to maintenance of apparatus/equipment. X. City agrees to provide technical Information Services support of Tribe's fire department dispatching and communications equipment, software and hardware. This includes maintenance and operability of Mobile Data Computers (MDC), fire station alerting system, back-up fire station alerting system, maintenance of Tribe's information and policies in City's Computer Aided Dispatch (CAD) system, and maintenance and operation of communications links between Tribe and City's dispatch center. Such support will be provided by City on a timely basis with requests for service to be reasonably answered within thirty (30) days of initiation by Tribe. The City will not provide communication support to systems that the City usually contracts out, such as 800 MHz and radio installation/repair. Y. City agrees to repair small engines including but not limited to extrication equipment, chainsaws and generators,and shall not exceed the capability of the City. City shall bear labor-related costs; Tribe shall bear the costs of related items purchased. Z. The City agrees to provide emergency aerial truck response to the Tribe business facility located on the south/east corner of Highland Ave. and Boulder Ave. in the City of j CityotSa_Agreement_v6[1 3 3 t Highland, California. The provision of this service will be subject to the availability of ' the City's aerial apparatus AA. City agrees to indemnify Tribe Fire personnel while operating City fire apparatus Tribe agrees to indemnify City Fire personnel while operating Tribe fire apparatus. BB. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. SECTION 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands,and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. SECTION 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. SECTION 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of ten years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term,and no later than the last day of the sixth month of the final year of the term. Notwithstanding such term and cancellation provisions, the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. SECTION 6. Inconsideration for the promises and services set forth in this Agreement for the ten year term,Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition,the Tribe agrees to pay the City the remaining balance of the total contract amount within 60 days from execution of the contract (see Exhibit A). Tribe shall complete the purchasing process no later than 60 days from execution of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. SECTION 7. Title and ownership of apparatus and equipment shall be given to City by Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior CityotSa Agreement-V6[1) to the end of the ten year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the ten year term. To the extent permitted by current law,Tribe and City(through its Fire Chief and as approved by the Mayor)agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Manuel Band of Mission Indians". SECTION 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement,provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement,the party so at fault shall indemnify the other to the extent of its comparative fault. SECTION 9. Without in any way affecting the indemnity provisions herein and in addition thereto,City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A. Workers Compensation,including employers' liability with$250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B. Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services,having combined single limits for bodily injury and property damages of not less than one million dollars; and i C. Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. SECTION 10. All policies of insurance or self-insurance shall name Tribe as an additional ] insured. SECTION 11. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents,representatives and members. SECTION 12. All policies above are to be primary and non-contributory with any other insurance or self-insurance programs carried or administered by Tribe. SECTION 13. Upon execution of this Agreement,City shall furnish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements,which certificates shall provide that such insurance shall not be terminated or expire CityotSa_Agreement_v6[1] except with thirty days written notice to Tribe,and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. SECTION 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified, as reasonable need shall require. Any disputes with respect to such modifications shall be resolved in accordance with Section 15 below. SECTION 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue,a party may initiate judicial proceedings in accordance with Paragraph 19 herein. SECTION 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. SECTION 17. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail,return receipt requested,or by overnight mail delivery for which a signature is required and shall be addressed as follows: A. San Manuel Tribal Administration B. City Manager P.O. Box 266 City of San Bernardino Patton, CA 92369 300 North "D" Street Attn: Tribal Chairperson San Bernardino, CA 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. SECTION 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents SECTION 19. Subject to the provisions of this Section 19,Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance,and Tribe shall have sixty HE/dcm[agmt3.sanmanue1] 7 (60)calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer,a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2)years after the claim accrues or one(1) year after the claim is discovered,but in no event later than two(2)years from the date the claim is first submitted to the Tribe,or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2)years following the expiration,termination,or cancellation of this Agreement(whichever is later),except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19,which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California,County of San Bernardino. Without in any way limiting the generality of the foregoing,Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court,to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe,except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent,or any occupancy or other rights or entitlements therein or related thereto, HE/dcm[agrmt3.sanmanue1] $ shall be subject to attachment, execution, lien,judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction,all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 20. In the event that any provision of this Agreement is held to be void or unenforceable,except for the waiver of sovereign immunity set forth in Paragraph 19,the remaining provisions shall remain in full force and effect. San Manuel Band City of San Bernardino of Mission Indians �D4 _ a -(—";a— Henry Duro Fred Wilson Tribal Chairman City Manager Approved as to form: James F. Penman, City Attorney By James F. Penman City Attorney ,aw Q HEMcm[agrmt1sanmanuell EXHIBIT A Type of Apparatus Unit Cost Total Two (2) Pierce, 100 ft. 663,791.00 1,327,582.00 Tractor Drawn Aerial Ladder Trucks Less Manufacturer's (60,742.00) Prepayment Discount Cost after Discount 1,266,840.00 Sales Tax 98,180.00 Total Cost $1,365,020.00 Total Contract Amount Cost of Tricks Cash Due to City 2,228,348.97 1,365,020.00 $863,328.97 Mechanic 1 (2yrs) Dispatcher 1 (2 s) Total Cost Balance 95392.00 97070.00 192,462.00 $670,866.97 SUMMARY OF EXPENDITURES Total Contract Cost of(2) Trucks Cost of Mechanic & Balance Amount Dis atcher Positions 2,228,348.97 1,365,020.00 192,462.00 $670,866.97 10 EMERGENCY SERVICES AGREEMENT This Agreement is made and entered into in San Bernardino,California,by and between the San Manuel Band of Mission Indians,a federally recognized Indian tribe having an address at 26569 Community Center Drive,Highland,California("Tribe")and the City of San Bernardino,having an address at 300 North "D" Street, San Bernardino, California("City"), effective as of July 1, 2007. RECITALS WHEREAS,Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction ("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS, each party desires to maintain a balance of service delivery between the Tribe and the City; and, WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS,REAS it is in the best interests of the tribal members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service;and, WHEREAS,each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair,and emergency medical services on a day to day basis; and, WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW,THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. City will furnish fire protection services, including 911 response, emergency medical advanced life support("Emergency Services")to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: A. The City agrees to provide a designated fire or rescue response,as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jurisdiction. CityofSa_Age=ent_v6[I] B. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe, to those areas within City's jurisdiction. C. The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. D. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS)resources. E. Upon receipt of a call for service in Tribe's jurisdiction,or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource,the City's communications center will dispatch Tribe's personnel using an established communication link,and provide them with the specific information of the call. F. Upon receipt of a call for service by Tribe,which is within their jurisdictional area,Tribe, as the jurisdictional department,will respond with the nearest and appropriate designated fire or EMS unit to that call for service. The Tribe will then notify the City's fire communications center,which will,in turn,dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system (CAD). G. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station,to the time when the responding unit goes en-route. This time interval will be tracked through the City's CAD system. H. The City and Tribe intend that- this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, areas to be assisted, methods of dispatching and communications,training programs and procedures,methods of requesting aid,and persons authorized to send and receive such requests,together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. Cityof$a_Age=em_v6[1 J. In those instances where the Tribe is dispatched to, and/or arrives first to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation. However,it is assumed that City resources will arrive shortly after the arrival of Tribe. Thereafter,the responsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point,Tribe resources will be under the direction of the officer-in-charge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate. K. In those instances where the City is dispatched to, and/or arrives first, to an incident occurring within the Tribe's jurisdiction, City resources will take the necessary action dictated by the situation. However,it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon their arrival at the scene.At that point,City resources will be under the direction of the officer-in-charge from the Tribe:It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. L. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe. This includes routine maintenance of air bottles,regulators,harnesses, hoses, and masks, including all parts contained therein. The City will also provide CalOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufacturer's specifications. M. Tribe will be responsible for purchasing all breathing apparatus equipment to be used by their agency,all parts for routine maintenance and repair,including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. N. Tribe agrees to purchase and use only those breathing apparatus types that are approved by the City. This includes all masks, harnesses, regulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. O. City agrees to include and to provide routine maintenance to Tribe fire apparatus.City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. P. City agrees to provide Tribe fire apparatus with emergency repair service(same as City provided to City apparatus). City to bear labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. CityotSa_Agreement_v6(1] Q. City agrees to monitor and order parts and automotive fluids as needed.City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. R. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus. S. City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. T. City Equipment Maintenance Supervisor will submit to apparatus manufacturer work to be done on apparatus. City Fire will provide warranty work as authorized by manufacturer. Approval will be given by manufacturer prior to beginning work. U. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the City's apparatus shop will be referred to an outside vendor. Tribe will bear all costs incurred by such service. V. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures,arrange for tow service for Tribe Fire apparatus.City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service. W. Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures. Both parties agree to exchange information related to maintenance of apparatus/equipment. X. City agrees to provide technical Information Services support of Tribe's fire department dispatching and communications equipment, software and hardware. This includes maintenance and operability of Mobile Data Computers (MDC), fire station alerting system, back-up fire station alerting system, maintenance of Tribe's information and policies in City's Computer Aided Dispatch (CAD) system, and maintenance and operation of communications links between Tribe and City's dispatch center. Such support will be provided by City on a timely basis with requests for service to be reasonably answered within thirty (30) days of initiation by Tribe. The City will not provide communication support to systems that the City usually contracts out, such as 800 MHz and radio installation/repair. Y. City agrees to repair small engines including but not limited to extrication equipment, chainsaws and generators,and shall not exceed the capability of the City. City shall bear labor-related costs; Tribe shall bear the costs of related items purchased. Z. The City agrees to provide emergency aerial truck response to the Tribe business facility located on the south/east corner of Highland Ave. and Boulder Ave. in the City of CityofSa_Ageement_v6[1] Highland, California. The provision of this service will be subject to the availability of the City's aerial apparatus AA. City agrees to indemnify Tribe Fire personnel while operating City fire apparatus Tribe agrees to indemnify City Fire personnel while operating Tribe fire apparatus. BB. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. SECTION 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands,and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. SECTION 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. SECTION 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of ten years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term,and no later than the last day of the sixth month of the final year of the term. Notwithstanding such term and cancellation provisions,the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. SECTION 6. In consideration for the promises and services set forth in this Agreement for the ten year term,Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition,the Tribe agrees to pay the City the remaining balance of the total contract amount within 60 days from execution of the contract (see Exhibit A). Tribe shall complete the purchasing process no later than 60 days from execution of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. SECTION 7. Title and ownership of apparatus and equipment shall be given to City by Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior CityotSa_Agreement_v6[1] to the end of the ten year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the ten year term. To the extent permitted by current law,Tribe and City(through its Fire Chief and as approved by the Mayor)agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Manuel Band of Mission Indians". SECTION 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement,provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement,the party so at fault shall indemnify the other to the extent of its comparative fault. SECTION 9. Without in anyway affecting the indemnity provisions herein and in addition thereto,City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A. Workers Compensation,including employers'liability with$250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B. Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services,having combined single limits for bodily injury and property damages of not less than one million dollars; and C. Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. SECTION 10. All policies of insurance or self-insurance shall name Tribe as an additional insured. SECTION 11. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents,representatives and members. SECTION 12. All policies above are to be primary and non-contributory with any other insurance or self-insurance programs carried or administered by Tribe. SECTION 13. Upon execution of this Agreement,City shall furnish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements,which certificates shall provide that such insurance shall not be terminated or expire CityotSa_Agreement_v6[1] except with thirty days written notice to Tribe,and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. SECTION 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified, as reasonable need shall require. Any disputes with respect to such modifications shall be resolved in accordance with Section 15 below. SECTION 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue,a party may initiate judicial proceedings in accordance with Paragraph 19 herein. SECTION 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. notices required or otherwise provided for under this Agreement SECTION 17. An and all no q p Y shall be served by certified mail,return receipt requested,or by overnight mail delivery for which a signature is required and shall be addressed as follows: A. San Manuel Tribal Administration B. City Manager P.O. Box 266 City of San Bernardino Patton, CA 92369 300 North "D" Street Attn: Tribal Chairperson San Bernardino, CA 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. SECTION 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents SECTION 19. Subject to the provisions of this Section 19,Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance,and Tribe shall have sixty HE/dcm[agrmt3.sanmanue1l 7 (60)calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer,a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2)years after the claim accrues or one(1)year after the claim is discovered,but in no event later than two(2)years from the date the claim is first submitted to the Tribe,or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2)years following the expiration,termination,or cancellation of this Agreement(whichever is later),except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. IqW G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19,which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California,County of San Bernardino. Without in any way limiting the generality of the foregoing,Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court,to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe,except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent,or any occupancy or other rights or entitlements therein or related thereto, HEMcm[agrmt1sanmanuell 8 shall be subject to attachment, execution, lien,judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction,all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 20. In the event that any provision of this Agreement is held to be void or unenforceable,except for the waiver of sovereign immunity set forth in Paragraph 19,the remaining provisions shall remain in full force and effect. San Manuel Band City of San Bernardino of Mission Indians Henry Duro Fred Wilson Tribal Chairman City Manager Approved as to form: James F. Penman, City Attorney By dz,4. James F. Penman City Attorney HE/dcm[agrmt3.sanmanue1] 9 �� EXHIBIT A Type of Apparatus Unit Cost Total Two (2) Pierce, 100 ft. 663,791.00 1,327,582.00 Tractor Drawn Aerial Ladder Trucks Less Manufacturer's (60,742.00) Prepayment Discount Cost after Discount 1,266,840.00 Sales Tax 98,180.00 Total Cost $1,365,020.00 Total Contract Amount Cost of Trucks Cash Due to City 2,228,348.97 1,365,020.00 $863,328.97 Mechanic 1 (2yrs) Dispatcher 1 (2yrs) Total Cost Balance 95392.00 97070.00 192,462.00 $670,866.97 SUMMARY OF EXPENDITURES Total Contract Cost of(2) Trucks Cost of Mechanic & Balance Amount Dispatcher Positions 2,228,348.97 1,365,020.00 192,462.00 $670,866.97 10 EMERGENCY SERVICES AGREEMENT This Agreement is made and entered into in San Bernardino,California,by and between the San Manuel Band of Mission Indians,a federally recognized Indian tribe having an address at 26569 Community Center Drive,Highland,California("Tribe")and the City of San Bernardino,having an address at 300 North "D" Street, San Bernardino, California("City"), effective as of July 1, 2007. RECITALS WHEREAS,Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal i government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS,each party desires to maintain a balance of service delivery between the Tribe and the City; and, WHEREAS, the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, { � 1 WHEREAS,it is in the best interests of the tribal members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service;and, l WHEREAS,each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair,and emergency medical services on a day to day basis; and, l WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. City will furnish fire protection services, including 911 response, emergency medical advanced life support("Emergency Services")to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: A. The City agrees to provide a designated fire or rescue response,as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jurisdiction. CityofSa_Agreement_v6[I] 3 =9 'z B. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe,to those areas within City's jurisdiction. C. The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. D. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS) resources. E. Upon receipt of a call for service in Tribe's jurisdiction,or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource,the City's communications center will dispatch Tribe's personnel using an established communication link,and provide them with the specific information of the call. F. Upon receipt of a call for service b Tribe,which is within their jurisdictional area,Tribe, P P y as the jurisdictional department,will respond with the nearest and appropriate designated fire or EMS unit to that call for service. The Tribe will then notify the City's fire communications center,which will,in turn,dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system (CAD). G. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station,to the time when the responding unit goes i en-route. This time interval will be tracked through the City's CAD system. H. The City and Tribe intend that this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated g areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, areas to be assisted, methods of dispatching and communications,training programs and procedures,methods of requesting aid,and persons authorized to send and receive such requests,together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. 3 CityofSa_Agreement_v6[11 J. In those instances where the Tribe is dispatched to, and/or arrives first to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation. However, it is assumed that City resources will arrive shortly after the arrival of Tribe. Thereafter,the responsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point,Tribe resources will be under the direction of the officer-in-charge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate. K. In those instances where the City is dispatched to, and/or arrives first, to an incident occurring within the Tribe's jurisdiction, City resources will take the necessary action dictated by the situation. However,it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon their arrival at the scene.At that point,City resources will be under the direction of the officer-in-charge from the Tribe.It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. L. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe. This includes routine maintenance of air bottles,regulators,harnesses, hoses, and masks, including all parts contained therein. The City will also provide CalOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufacturer's specifications. M. Tribe will be responsible for purchasing all breathing apparatus equipment to be used by their agency,all parts for routine maintenance and repair,including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. 'l N. Tribe agrees to purchase and use only those breathing apparatus types that are approved by the City. This includes all masks, harnesses, regulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. O. City agrees to include and to provide routine maintenance to Tribe fire apparatus.City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. P. City agrees to provide Tribe fire apparatus with emergency repair service(same as City provided to City apparatus). City to bear labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. y CityotSa_Agreement_v6[1] i 4 a i 3 Q. City agrees to monitor and order parts and automotive fluids as needed. City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. R. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus. S. City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. T. City Equipment Maintenance Supervisor will submit to apparatus manufacturer work to be done on apparatus. City Fire will provide warranty work as authorized by manufacturer. Approval will be given by manufacturer prior to beginning work. U. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the City's apparatus shop will be referred to an outside vendor. Tribe will bear all costs incurred by such service. V. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures,arrange for tow service for Tribe Fire apparatus.City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service. W. Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures. Both parties agree to exchange information related to maintenance of apparatus/equipment. X. City agrees to provide technical Information Services support of Tribe's fire department dispatching and communications equipment, software and hardware. This includes maintenance and operability of Mobile Data Computers (MDC), fire station alerting system, back-up fire station alerting system, maintenance of Tribe's information and policies in City's Computer Aided Dispatch (CAD) system, and maintenance and operation of communications links between Tribe and City's dispatch center. Such support will be provided by City on a timely basis with requests for service to be reasonably answered within thirty (30) days of initiation by Tribe. The City will not provide communication support to systems that the City usually contracts out, such as 800 MHz and radio installation/repair. Y. City agrees to repair small engines including but not limited to extrication equipment, chainsaws and generators,and shall not exceed the capability of the City.City shall bear labor-related costs; Tribe shall bear the costs of related items purchased. Z. The City agrees to provide emergency aerial truck response to the Tribe business facility located on the south/east comer of Highland Ave. and Boulder Ave. in the City of CityofSa Agireement_v6[1] Highland, California. The provision of this service will be subject to the availability of the City's aerial apparatus AA. City agrees to indemnify Tribe Fire personnel while operating City fire apparatus Tribe agrees to indemnify City Fire personnel while operating Tribe fire apparatus. BB. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. SECTION 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands,and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. I SECTION 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. ' SECTION 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of ten years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term,and no later than the last day of the sixth month of the final year of the term. Notwithstanding such term and cancellation provisions,the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. SECTION 6. In consideration for the promises and services set forth in this Agreement for the ten year term,Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition,the Tribe agrees to pay the City the remaining balance of the total contract amount within 60 days from execution of the contract (see Exhibit A). Tribe shall complete the purchasing process no later than 60 days from execution of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. SECTION 7. Title and ownership of apparatus and equipment shall be given to City by Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior CityotSa_Ageement_v6[11 to the end of the ten year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the ten year term. To the extent permitted by current law,Tribe and City(through its Fire Chief and as approved by the Mayor)agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Manuel Band of Mission Indians". SECTION 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement,provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement,the party so at fault shall indemnify the other to the extent of its comparative fault. SECTION 9. Without in any way affecting the indemnity provisions herein and in addition thereto,City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A. Workers Compensation,including employers' liability with$250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B. Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services,having combined single limits for bodily injury and property damages of not less than one million dollars; and C. Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. SECTION 10. All policies of insurance or self-insurance shall name Tribe as an additional insured. SECTION 11. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents,representatives and members. -contributory with any other SECTION 12. All policies above are to be primary and non insurance or self-insurance programs carried or administered by Tribe. SECTION 13. Upon execution of this Agreement,City shall fin-nish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements,which certificates shall provide that such insurance shall not be terminated or expire CityofSa Agreement v6[1] except with thirty days written notice to Tribe,and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. SECTION 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified,as reasonable need shall require. Any disputes with respect to such modifications shall be resolved in accordance with Section 15 below. SECTION 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue,a party may initiate judicial proceedings in accordance with Paragraph 19 herein. SECTION 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. SECTION 17. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail,return receipt requested,or by overnight mail delivery for which a signature is required and shall be addressed as follows: A. San Manuel Tribal Administration B. City Manager P.O. Box 266 City of San Bernardino Patton, CA 92369 300 North "D" Street Attn: Tribal Chairperson San Bernardino, CA 92418 Either party may change the name or address for notice by sending a written request in the manner provided herein. SECTION 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents SECTION 19. Subject to the provisions of this Section 19,Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance,and Tribe shall have sixty HE/dcm[agrmt1sanmanuell ' (60)calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, a claim maybe filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2)years after the claim accrues or one (1) year after the claim is discovered,but in no event later than two(2)years from the date the claim is first submitted to the Tribe,or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2)years following the expiration,termination,or cancellation of this Agreement(whichever is later),except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19,which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California,County of San Bernardino. Without in any way limiting the generality of the foregoing,Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court,to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe,except that no interest in land, whether tangible or intangible, legal or beneficial, vested or -- contingent,or any occupancy or other rights or entitlements therein or related thereto, HEMcm[agrmt1sanmanuell $ shall be subject to attachment, execution, lien,judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction,all parties shall bear their own costs, including attorneys' fees, in connection with any. judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 20. In the event that any provision of this Agreement is held to be void or unenforceable,except for the waiver of sovereign immunity set forth in Paragraph 19,the remaining provisions shall remain in full force and effect. San Manuel Band City of San Bernardino of Mission Indians Henry Duro Fred Wilson Tribal Chairman City Manager i 3 Approved as to form: a James F. Penman, City Attorney By James F. Penman City Attorney HE/dcm[agrmt1sanmanuell 9 I~ a i EXHIBIT A Type of Apparatus Unit Cost Total Two (2)Pierce, 100 ft. 663,791.00 1,327,582.00 Tractor Drawn Aerial Ladder Trucks Less Manufacturer's (60,742.00) Prepayment Discount Cost after Discount 1,266,840.00 Sales Tax 98,180.00 Total Cost $1,365,020.00 Total Contract Amount Cost of Trucks Cash Due to City 2,228,348.97 1,365,020.00 $863,328.97 Mechanic 1 (2 s) Dispatcher 1 (2 s) Total Cost Balance 95392.00 97070.00 192,462.00 $670,866.97 SUMMARY OF EXPENDITURES Total Contract Cost of(2) Trucks Cost of Mechanic & Balance Amount Dis atcher Positions 2,228,348.97 1,365,020.00 192,462.00 $670,866.97 10 EMERGENCY SERVICES AGREEMENT This Agreement is made and entered into in San Bernardino,California,by and between the San Manuel Band of Mission Indians,a federally recognized Indian tribe having an address at 26569 Community Center Drive,Highland,California("Tribe")and the City of San Bernardino,having an address at 300 North "D" Street, San Bernardino, California("City"), effective as of July 1, 2007. RECITALS WHEREAS,Tribe is a federally recognized Indian tribe with lands near the boundaries of City over which it exercises governmental jurisdiction("Tribal lands"); and WHEREAS, the Tribe's General Council has determined that it is in the best interest of the tribal government, for the purpose of ensuring adequate emergency services to the Reservation, that the Tribe enter into this Agreement; and WHEREAS,each party desires to maintain a balance of service delivery between the Tribe and the City; and, WHEREAS,the parties to this Agreement provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS,it is in the best interests of the tribal members of the Tribe and the citizens of the City to provide the most expeditious response to suppress fires and render other emergency service;and, WHEREAS,each party is desirous of providing to the other a reasonable and reciprocal exchange of fire, rescue, emergency dispatching services, apparatus maintenance and repair, self contained breathing apparatus maintenance and repair,and emergency medical services on a day to day basis; and, WHEREAS, this Agreement is authorized by provisions of applicable State and Federal law; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. City will furnish fire protection services, including 911 response,emergency medical advanced life support("Emergency Services")to Tribe during the term of this Agreement on a 24-hour a day, as needed basis as follows: A. The City agrees to provide a designated fire or rescue response,as determined by the Fire Chiefs of the City and Tribe to those areas within Tribe's jurisdiction. CityofSa_Agreement_v6[1 ATTACHMENT "A" B. The Tribe agrees to provide a designated fire or rescue response, as determined by the Fire Chiefs of the City and Tribe,to those areas within City's jurisdiction. C. The City and Tribe agree to respond units based on the closest resource available for the type of emergency at hand. The closest resource will be determined by the City's communication center, based on the location of other available units in relation to the location of the emergency. D. The City will act as the primary Public Safety Answering Point (PSAP) for all areas within Tribe's jurisdiction and provide primary dispatching services for the Tribe's fire and Emergency Medical Services (EMS)resources. E. Upon receipt of a call for service in Tribe's jurisdiction, or where Tribe's resources are closer to the location of an emergency within the City's jurisdiction than the next available City resource,the City's communications center will dispatch Tribe's personnel using an established communication link,and provide them with the specific information of the call. F. Upon receipt of a call for service by Tribe,which is within their jurisdictional area,Tribe, as the jurisdictional department,will respond with the nearest and appropriate designated fire or EMS unit to that call for service. The Tribe will then notify the City's fire communications center,which will,in turn,dispatch any additional resources requested, and log Tribe's resource status in the City's computer aided dispatch system (CAD). G. The Tribe agrees to abide with the City's established turnout time standard of sixty seconds or less for at least 90% of their responses. Turnout time is defined as the time elapsed from the receipt of call at the station,to the time when the responding unit goes en-route. This time interval will be tracked through the City's CAD system. H. The City and Tribe intend that this Agreement will provide mutual benefits to both parties and herein authorize the Fire Chiefs of the City and Tribe to revise any designated areas or types of response periodically as may be dictated by changing conditions and mutual benefits to the parties. It is agreed that substantial reductions of fire protection and/or emergency medical forces by parties hereto shall be cause for reconsideration or amendment of this Agreement. I. Details as to amounts and types of assistance to be dispatched, areas to be assisted, methods of dispatching and communications,training programs and procedures,methods of requesting aid,and persons authorized to send and receive such requests,together with lists of equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the City and Tribe. Such details shall be recorded in an Operating Plan and signed by the Chiefs of the City and Tribe. Cityot5a_Ageement_v6[1] J. In those instances where the Tribe is dispatched to, and/or arrives first to an incident occurring in the City's jurisdiction, Tribe will take the necessary action dictated by the situation. However,it is assumed that City resources will arrive shortly after the arrival of Tribe. Thereafter,the responsibility for coping with the situation will be immediately assumed by the City upon their arrival at the scene. At that point,Tribe resources will be under the direction of the officer-in-charge from the City. It is further agreed that Tribe resources will be released from the scene as soon as it is practical and appropriate. K. In those instances where the City is dispatched to, and/or arrives first, to an incident occurring within the Tribe's jurisdiction, City resources will take the necessary action dictated by the situation. However,it is assumed that Tribe resources will arrive shortly after the arrival of City resources. Thereafter, the responsibility for coping with the situation will be immediately assumed by the Tribe upon their arrival at the scene.At that point,City resources will be under the direction of the officer-in-charge from the Tribe.It is further agreed that City resources will be released from the scene as soon as it is practical and appropriate. L. The City agrees to provide maintenance and repair of all Survivair breathing apparatus owned by Tribe.This includes routine maintenance of air bottles,regulators,harnesses, hoses, and masks, including all parts contained therein. The City will also provide CaIOSHA mandated fit testing for all Tribe Fire Department employees. The routine maintenance schedule will be established to meet state and federal regulatory agency mandates, and the manufacturer's specifications. M. Tribe will be responsible for purchasing all breathing apparatus equipment to be used by their agency,all parts for routine maintenance and repair,including back-up equipment to be used when front-line equipment is out of service for repair or maintenance. N. Tribe agrees to purchase and use only those breathing apparatus types that are approved by the City. This includes all masks, harnesses, regulators, hoses, air bottles, and all parts contained therein. Should Tribe choose to use a breathing apparatus type, or any part of the breathing apparatus ensemble that is not approved by the City, Tribe will assume full responsibility for all repairs and maintenance for such items. O. City agrees to include and to provide routine maintenance to Tribe fire apparatus.City to bear labor related costs, Tribe to bear cost related to items purchased necessary for service. P. City agrees to provide Tribe fire apparatus with emergency repair service(same as City provided to City apparatus). City to bear labor related costs, Tribe to bear items purchased or fees related to service including heavy tow service. CityofSa_Agreement_v6[1] Q. City agrees to monitor and order parts and automotive fluids as needed. City also agrees to notify Tribe before ordering. City will order and items shall be delivered to City shop and invoice sent to Tribe Fire Dept. R. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus. S. City agrees to provide Tribe Fire Department with reserve apparatus for the duration of time necessary as available. T. City Equipment Maintenance Supervisor will submit to apparatus manufacturer work to be done on apparatus. City Fire will provide warranty work as authorized by manufacturer. Approval will be given by manufacturer prior to beginning work. U. Tribe Fire apparatus requiring specialized repair outside the scope and capabilities of the City's appar atus shop outside vendor. Tribe will bear all costs p will be referred to a incurred by such service. V. City agrees to arrange and bear costs for mechanic response, perform diagnostic measures,arrange for tow service for Tribe Fire apparatus.City will bear City personnel labor-related costs, Tribe will bear costs for related fees/ invoices incurred by tow service. W. Tribe agrees to keep maintenance and repair logs for apparatus per City Fire's procedures. Both parties agree to exchange information related to maintenance of apparatus/equipment. X. City agrees to provide technical Information Services support of Tribe's fire department dispatching and communications equipment, software and hardware. This includes maintenance and operability of Mobile Data Computers (MDC), fire station alerting system, back-up fire station alerting system, maintenance of Tribe's information and policies in City's Computer Aided Dispatch (CAD) system, and maintenance and operation of communications links between Tribe and City's dispatch center. Such support will be provided by City on a timely basis with requests for service to be reasonably answered within thirty (30) days of initiation by Tribe. The City will not provide communication support to systems that the City usually contracts out, such as 800 MHz and radio installation/repair. Y. City agrees to repair small engines including but not limited to extrication equipment, chainsaws and generators,and shall not exceed the capability of the City.City shall bear labor-related costs; Tribe shall bear the costs of related items purchased. Z. The City agrees to provide emergency aerial truck response to the Tribe business facility located on the south/east corner of Highland Ave. and Boulder Ave. in the City of CityofSa_Agreement_v6[1] i Highland, California. The provision of this service will be subject to the availability of the City's aerial apparatus AA. City agrees to indemnify Tribe Fire personnel while operating City fire apparatus Tribe agrees to indemnify City Fire personnel while operating Tribe fire apparatus. BB. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. SECTION 2. City will furnish toTribe fire cause and origin determination services, including investigatory services, to the same extent it provides such services within its own boundaries. SECTION 3. City will cooperate with and work with Tribe at Tribe's request in developing fire protection planning and related services, including but not limited to planning services with regard to the safe evacuation of buildings on Tribal Lands, and preventative engineering and related services. Tribe agrees to provide City with copies of building plans and specifications to the extent necessary to facilitate such planning and preventative services. SECTION 4. City shall submit to Tribe quarterly reports during the term of this contract of all fire protection services provided during the preceding quarter. Quarterly reports will be due within 45 days of the close of each calendar quarter. SECTION 5. This Agreement shall become effective as of the date set forth above and continue in effect for a term of ten years. The term of this contract shall be automatically renewed for successive five year terms unless either party gives the other party notice of cancellation no sooner than the first day of the first month of the final year of the term,and no later than the last day of the sixth month of the final year of the term. Notwithstanding such term and cancellation provisions, the parties shall meet once a year during the final quarter to review the extent to which the mutual interests of the parties under this Agreement are being met as anticipated, and shall negotiate in good faith to revise the Agreement for the remainder of the term in the event modifications are reasonably required to meet such interests on a fair and equitable basis. SECTION 6. In consideration for the promises and services set forth in this Agreement for the ten year term,Tribe agrees to recompense City by purchasing certain fire apparatus for the City as delineated in Exhibit A. In addition,the Tribe agrees to pay the City the remaining balance of the total contract amount within 60 days from execution of the contract (see Exhibit A). Tribe shall complete the purchasing process no later than 60 days from execution of this contract. Delivery of apparatus and equipment will be consistent with vendor and manufacturer's availability. Compensation and payment to City for each successive five year term shall be negotiated and agreed to by the parties no later than the sixth month of the final year of the then-current term. SECTION 7. Title and ownership of apparatus and equipment shall be given to City by Tribe immediately upon delivery of the apparatus and equipment. If this contract is terminated prior CityofSa_Agreement_v6[1] to the end of the ten year term, a prorated reimbursement of the value of said apparatus and equipment shall be made by City to Tribe subject to a repayment schedule agreed to by both City and Tribe which shall not extend beyond the original ending date of the ten year term. To the extent permitted by current law,Tribe and City(through its Fire Chief and as approved by the Mayor)agree to work together so that said apparatus and/or equipment reflects the Tribe's efforts and contributions in the acquisition of same with appropriate signage such as "Provided by the San Manuel Band of Mission Indians". SECTION 8. The City agrees to indemnify and hold harmless Tribe and its officers, employees, agents, and members, and Tribe agrees to indemnify and hold harmless City and its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages or liability arising out of the other's performance or other obligations under this Agreement,provided in the event either party is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective performance or obligations under this Agreement,the party so at fault shall indemnify the other to the extent of its comparative fault. SECTION 9. Without in anyway affecting the indemnity provisions herein and in addition thereto,City shall secure and maintain throughout the term of this Agreement the following types of insurance or self-insurance with limits as shown: A. Workers Compensation,including employers' liability with$250,000 limits covering all persons providing services on behalf of the City and all risks to such persons under this Agreement. B. Comprehensive general and automobile liability insurance for any vehicle to be used in connection with fire protection services,having combined single limits for bodily injury and property damages of not less than one million dollars; and C. Errors and omissions and professional liability policies on an occurrence basis of no less than $10 million dollars. SECTION 10. All policies of insurance or self-insurance shall name Tribe as an additional insured. SECTION 11. City shall require the carriers or self-insurance of the above insurance policies to waive all rights of subrogation against Tribe and its officers, employees, agents,representatives and members. SECTION 12. All policies above are to be primary and non-contributory with any other insurance or self-insurance programs carried or administered by Tribe. SECTION 13. Upon execution of this Agreement,City shall furnish Tribe with certificates of insurance or self-insurance evidencing the foregoing coverage, including all applicable endorsements,which certificates shall provide that such insurance shall not be terminated or expire CityofSa_A9reement_v6[I] except with thirty days written notice to Tribe,and City shall maintain such insurance throughout the term of this Agreement and shall provide new certificates whenever such policies are amended or renewed. SECTION 14. The insurance provisions herein shall be subject to annual review by the parties and the terms modified, as reasonable need shall require. Any disputes with respect to such modifications shall be resolved in accordance with Section 15 below. SECTION 15. Any disputes under this Agreement shall be resolved first by attempting to meet and confer to resolve such differences on an amicable basis. If attempts to do so have failed after sixty days from the date such meeting was first requested with regard to a specific issue,a party may initiate judicial proceedings in accordance with Paragraph 19 herein. SECTION 16. City acknowledges and agrees to comply with any and all applicable tribal, federal, and state laws with regard to any performance taking place on Tribal Lands. SECTION 17. Any and all notices required or otherwise provided for under this Agreement shall be served by certified mail,return receipt requested,or by overnight mail delivery for which a signature is required and shall be addressed as follows: A. San Manuel Tribal Administration B. City Manager P.O. Box 266 City of San Bernardino Patton, CA 92369 300 North "D" Street Attn: Tribal Chairperson San Bernardino, CA 92418 Either parry may change the name or address for notice by sending a written request in the manner provided herein. SECTION 18. City shall and at all times be and remain an independent contractor under this Agreement, and Tribe shall have no control over the employment, discharge, compensation of or services performed by City's employees or agents SECTION 19. Subject to the provisions of this Section 19,Tribe hereby grants to the City a limited waiver of its immunity from unconsented suit subject to the conditions set forth below. A. Claims authorized under this waiver are limited to claims arising under this Agreement and no other. B. This waiver shall only run in favor of the City and its successors in interest. C. The claim is made in a detailed written statement to Tribe stating the specific action or discontinuance of action by Tribe which would cure the alleged breach or non- performance, or the sum of money claimed to be due and owing from Tribe to the City by reason of such specific breach or non-performance,and Tribe shall have sixty HE/dcm[agrmt3.sanmanue1] 7 (60)calendar days to cure such breach or non-performance or to make such payment before judicial proceedings may be instituted. D. Prior to initiation of judicial proceedings the parties shall meet and confer in an effort to resolve any dispute arising under this Agreement. If the parties fail to resolve the dispute following such meet and confer, a claim may be filed in accordance with the provisions set forth below. E. In the event there is a claim which is not resolved between the parties, any court proceeding under this section shall be commenced within the later of two (2) years after the claim accrues or one (1) year after the claim is discovered,but in no event later than two(2)years from the date the claim is first submitted to the Tribe,or such claim shall be forever barred. The waiver granted herein shall commence on the execution date of this Agreement and shall continue for two (2)years following the expiration,termination,or cancellation of this Agreement(whichever is later),except the waiver shall remain effective for any proceedings then pending, and all appeals therefrom. F. Any claim authorized under this section shall be made for specific performance, injunctive relief or money damages not to exceed the monetary value which is the subject of this Agreement. In no event shall this waiver apply to punitive or consequential damages. G. Tribe waives its sovereign immunity from a judgment or order consistent with the terms and provisions of this Paragraph 19,which is final because either the time for appeal thereof has expired or the judgment or order is issued by a court having final appellate jurisdiction over the matter. Tribe consents to the jurisdiction of the United States District Court for the Central District of California and any court having appellate jurisdiction thereover, consistent with the terms and conditions of this Section 19. None of the parties shall object to the jurisdiction or venue of said federal court. In the event the federal court does not have jurisdiction, Tribe will consent to the jurisdiction of any court of competent jurisdiction in the State of California,County of San Bernardino. Without in any way limiting the generality of the foregoing,Tribe expressly authorizes any governmental authorities who have the right and duty under applicable law to take any action authorized by any court,to take such action to give effect to any judgment entered against Tribe in accordance with this waiver. H. The foregoing limited waiver of sovereign immunity is expressly conditioned on the parties' agreement herein that the only assets, including property and funds, which shall be available to satisfy any enforcement proceedings or judgment in connection with this Agreement shall be limited to the income or assets of Tribe,except that no interest in land, whether tangible or intangible, legal or beneficial, vested or contingent,or any occupancy or other rights or entitlements therein or related thereto, HE/dcm[agrmt3.sanmanuel] 8 shall be subject to attachment, execution, lien,judgments or other enforcements or satisfaction of any kind, in whole or in part, with respect to any claim of the City against Tribe on any basis whatsoever. No assets of any kind whatsoever of any member of the Tribe, whether tangible or intangible, vested or contingent, shall be available to satisfy any judgment or subject to attachment, execution, lien, or other enforcement or satisfaction of any kind with respect to any claim of the City against Tribe. I. Except as ordered by a court of competent jurisdiction,all parties shall bear their own costs, including attorneys' fees, in connection with any judicial proceedings authorized under this Agreement. The parties expressly agree that this provision shall survive the termination, for any reason, or expiration of this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. SECTION 20. In the event that any provision of this Agreement is held to be void or unenforceable,except for the waiver of sovereign immunity set forth in Paragraph 19,the remaining provisions shall remain in full force and effect. San Manuel Band City of San Bernardino of Mission Indians n4 � o Henry Duro Fred Wilson Tribal Chairman City Manager Approved as to form: James F. Penman, City Attorney By James F. Penman City Attorney HE/dcm[agrmt3.samnanue1] 9 EXHIBIT A Type of Apparatus Unit Cost Total Two (2)Pierce, 100 ft. 663,791.00 1,327,582.00 Tractor Drawn Aerial Ladder Trucks Less Manufacturer's (60,742.00) Prepayment Discount Cost after Discount 1,266,840.00 Sales Tax 98,180.00 Total Cost $1,365,020.00 Total Contract Amount Cost of Trucks Cash Due to City 2,228,348.97 1,365,020.00 $863,328.97 Mechanic 1 (2 s) Dispatcher 1 (2 s) Total Cost Balance 95392.00 97070.00 192,462.00 $670,866.97 SUMMARY OF EXPENDITURES Total Contract Cost of(2) Trucks Cost of Mechanic & Balance Amount Dispatcher Positions 2,228,348.97 1,365,020.00 192,462.00 $670,866.97 10