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CITY OF SAN BE~ARDINO - REQUESTc:fOR COUNCIL ACTION
From:
PEGGY DUCEY
Asst. to City Administrator
Subject: COUNTY' FIRE SERVICE AREA 38
agreement for fire, emergency
medical and related services
Dept:
D~: October 28, 1991
Synopsis of Previous Council ection:
6/19/91 -- Council adopted Resolution #91-267 authorizing agreement
with County Service Area #38 for fire protection,
emergency medical and related services.
Recommended motion:
Adopt resolution.
Peggy Ducey
Contact person:
Phone:
Supponing d~ attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtionl
Finance:
Council'Notes:
75~0262
Agenda Item No
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CITY OF SAN BEIGARDINO - REQUEST(fOR COUNCIL ACTION
STAFF REPORT
On June , 1991, the Mayor and Common Council passed a resolution
reqardinq fire service in unincorporated areas of the city. The
resolution stipulated that the contract must be siqned within 60
days of the resolution. Immediately followinq the Mayor and
Council action, City and county staff met to plan for the
transfer of responsibilities. At that time, it became apparent
that the routinq of 911 calls would pose a problem. Based upon
the city's current computer system and emerqency responder
status, emerqency 911 calls would have to be transferred twice
before reachinq our own fire department. state law requires that
911 calls may only be transferred once. The County requested
that this problem be resolved before the contract is heard by the
Board of supervisors.
The city is upqradinq our computer dispatch system
our emerqency response status, and expects to
process by January. Once this technical issue is
expected that the County Board of Supervisors
necessary action on the fire service contract.
and chanqinq
complete the
resolved, it is
will take the
RECOMMENDATION:
It is recommended that the Mayor and Common Council extend the
deadline of the execution of the contract for County Service Area
38 until February 28, 1991.
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75.0264
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND COUNTY SERVICE AREA 38 AND IMPROVEMENT ZONES G
4 AND L OF COUNTY SERVICE AREA 38 FOR FIRE PROTECTION, EMERGENCY
MEDICAL AND RELATED SERVICES AND REPEALING RESOLUTION NO. 91-
5 267.
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed
to execute an agreement between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "city", and
COUNTY SERVICE AREA 38, and IMPROVEMENT ZONES G and L of COUNTY
SERVICE AREA 38, county service areas organized and operating
pursuant to Government Code Section 25210.1 et seq., hereinafter
referred to as "CSA 38" for fire protection, emergency medical
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services, planning, engineering and prevention in certain areas,
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which agreement
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is attached hereto as Exhibit A,
and
is
incorporated herein be referenced as though fully set forth at
length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by both parties.
The City shall not
be obligated hereunder unless and until the Agreement is fully
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executed and no oral agreement relating thereto shall be implied
22 or authorized.
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SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it by February 28, 1992.
Resolution No. 91-267 is hereby repealed.
SECTION 4.
RESOLUTIOc:rUTHORIZING AGREEMENT WITt:jOUNTY SERVICE AREA 38
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of , 1991, by the following vote, to wit:
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6 Council Members: AYES NAYS ABSTAIN
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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Approved as to form and
21 legal content:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. HOLCOMB, Mayor
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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2 AGREEMENT
3 THIS AGREEMENT is made and entered into this day of
4 , 1991, by and between the CITY OF SAN BERNARDINO, a
5 municipal corporation, and COUNTY SERVICE AREA 38, and
6 IMPROVEMENT ZONES G and L of COUNTY SERVICE AREA 38, County
7 Service areas organized and operating pursuant to Goverment Code
8 Section 25210.1 et. seq., hereinafter referred to as "CSA 38."
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10 WIT N E SSE T H
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12 WHEREAS, fire protection and emergency medical services for
13 certain areas located near, but outside of, City limits is the
14 responsibility of CSA 38: and
15 WHEREAS, the City and CSA 38 maintain a number of fire
16 stations near the City limits:
17 NOW, THEREFORE, the parties agree as follows:
18 1. City shall have primary responsibility for fire
19 protection, emergency medical services, planning and
20 engineering, and prevention in those CSA 38 areas marked on the
21 attached map and generally delineated as follows:
22 a. All that unincorporated area south of the San
23 Bernardino National Forest and north of the City limits which
24 lies between David Way and Conejo Drive: south of the San
25 Bernardino National Forest and otherwise bordered by the City
26 limits, generally between an extension of Mountain Drive and 2nd
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Avenue.
b. All totally enclosed unincorporated County
islands within the City limits, except those lying east of
Victoria Avenue.
2. The City shall conduct all fire investigations and
fire prevention inspections, within the area described in
paragraph 1, in accordance with applicable County codes and
standards. Copies of said codes and standards shall be provided
to the city by the Fire Warden of the County. The County shall
also have final responsibility for any necessary interpretation
of the codes and standards.
a. The Chief of the City Fire Department shall
provide the County Fire Warden with quarterly activity reports
which record all fire, medical and plan check services provided
by the City under this agreement. In addition, all individual
incident reports and inspection records shall be retained by the
City for not less than 5 years and be made available for CSA 38
review.
b. The city shall provide emergency medical services
within the area described at the same level as the level of
service previously provided by CSA 38. Therefore, in those
areas within the CSA 38 paramedic zone, City shall provide
Advanced Life Support. In all other areas, Basic Life Support
will be provided.
c. The City shall provide fire protection services
at the same levels and in accordance with the same standards
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applicable within City limits.
3. In consideration of the above, CSA 38 agrees to pay
city for services rendered under this Agreement, the sum of
$206,927 for the period July 1, 1991 to June 30, 1992. This
amount shall be increased by two percent (2%) annually, subject
to the following:
a. If the city annexes any unincorporated island or
portion thereof which is subject to this Agreement, the overall
payment from CSA 38 to the City shall be reduced by the amount
of CSA 38 and CSA 38, Improvement Zone G net property tax
proceeds, exclusive of augmentation funds, attributable to the
annexed area, and by the amount of any CSA 38, Improvement Zone
L paramedic assessments which are terminated because of the
annexation.
b. The City is authorized to assess and collect, as
payment for planning and engineering and fire prevention permit
services, the County fees for plan checks of commercial
structures and fire prevention permits.
c. CSA 38 shall have no financial responsibility for
any costs which are not specifically provided for in this
Agreement.
d. The City shall have no authority to assess any
other fees or costs to CSA 38 residents other than those
specifically authorized under this agreement.
4. The city agrees to indemnify, defend and hold harmless
the County and its authorized agents, officers, volunteers and
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employees against any and all claims or actions arising from
City's acts, errors or omissions in performing services pursuant
to this agreement and for any costs or expenses incurred by the
County on account of any claim therefore.
In order to accomplish the indemnification herein provided
for, but without limiting the indemnification, the City shall
secure and maintain throughout the term of the Agreement the
following types of insurance issued by companies acceptable to
County's Risk Manager, with limits as shown:
Worker's Comoensation - A program of Workers' Compensation
insurance or a state-approved self-insurance program in an
amount and form to meet all applicable requirements of the Labor
Code of the state of California, inclUding Employer's Liability
with $250,000 limits, covering all persons providing services on
behalf of the city and all risks to such persons under this
Agreement.
Comorehensive General and Automobile Liabilitv Insurance -
This coverage to include contractual coverage and
automobile liability coverage for owned, hired and non-owned
vehicles. The policy shall have combined single limits for
bodily injury and property damage of not less than one million
dollars ($1,000,000).
All policies, except for the Workers' Compensation
coverage, shall contain additional endorsements naming the
County, its employees, agents, volunteers and officers as
additional named insureds with respect to liabilities arising
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5 All policies required above are to be primary and non-
6 contributory with any insurance or self-insurance programs
7 carried or administered by the County.
8 City shall immediately furnish certificates of insurance or
9 letters of self-insurance to County's Risk Manager evidencing
10 the insurance coverage above required prior to the commencement
11 or performance of services hereunder. These certificates shall
12 provide that such insurance shall not be terminated or expire
13 without thirty (30) days written notice to the County. Within
14 sixty (60) days of the commencement of this Agreement, the City
15 shall furnish certified copies of the policies and endorsements.
16 The above insurance requirements are subject to periodic
17 review by the County. The County's Risk Manager is authorized
18 but not required to reduce or waive any of the above insurance
19 requirements whenever the Risk Manager determines that any of
20 the above insurance is not available, is unreasonably priced, or
21 is not needed to protect the interests of the County. In
22 addition, if the Risk Manager determines that heretofore
23 unreasonably priced or unavailable types of insurance coverage
24 or coverage limits become reasonably priced or available, the
25 Risk Manager is authorized, but not required to change the above
26 insurance requirements to require additional types of insurance
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out of the performance of services hereunder.
City shall require the carriers of the above-required
coverages to waive all rights of subrogation against the County
its officers, volunteers, employees and agents.
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coverage or higher coverage limits,
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provided that any such
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inflation, or any other item reasonably related to the County's
risk.
Any such reduction or waiver for the entire term of the
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Agreement and any change requiring additional types of insurance
coverage or higher coverage limits must be made by amendment
within (30) thirty days of receipt.
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This agreement shall continue in full force and effect
or succeeding fiscal years unless terminated by either party
after thirty (30) days written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first written herein.
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15 Attest:
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17 City Clerk
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CITY OF SAN BERNARDINO
By
Mayor
COUNTY SERVICE AREA 38;
IMPROVEMENT ZONES G&L OF
COUNTY SERVICE AREA 38
By
Chairman, Board of
Supervisors Acting as
the Governing Body of
CSA 38
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1 AGREEMENT WITH COUNTY SERVICE AREA 38
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Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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Approved as to form
and legal content:
COUNTY COUNSEL
By:
SENT BY:Xerox Telecopier 7
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6-1 3-8 1
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AOMINIST5IVE OFC~CITY OF SAN BONO
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