HomeMy WebLinkAboutContracts & Agreements_28-2003COUNTY FIRE DEPARTMENT
COUNTY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT
AND PUBLIC SERVICES GROUP
157 West Fifth Street, Second Floor • San Bernardino, CA 92415-0451 • (909) 387.5974
Fax (909) 387-5542
February 19, 2003
Kasey Haws, Mayor
CIO Mel Enslow, Fire Chief
City of Redlands Fire Department
35 Cajon Street, Suite 12
Redlands, CA 92373
PETER R. HILLS
Fire Chief
County Fire Warden
RE: FIRE PROTECTION SERVICES AGREEMENT BETWEEN COUNTY
SERVICE AREA 38 AND CITY OF REDLANDS
Dear Chief Enslow,
Enclosed, please find five (5) original sets of the Fire Protection Services
Agreement Between County Service Area 38 and City of Redlands. Please
obtain an original signature of the authorized City representative on all five (5)
copies enclosed. It is requested that the signature be signed in blue ink.
All five (5) signed Agreements need to be returned to this Office, Attn: Patrice
Ashe, 157 W. 5th St., 2"d Floor, San Bernardino, CA 92415-0451, Upon receipt,
the item will be placed on the next available date on the Board of Supervisors
agenda for approval and signature. One fully executed document will be returned
to your office. ---
Your cooperation and assistance during this process is greatly appreciated.
Sincerely yours,
Peter R. Hills
Fire Chief/CounJAnalyst
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Patrice Ashe, St11
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106
DISTRICT
Dept. Orgn.
Contractor's License No.
County Service Area 38 Fire
DISTRICT Contract Representative
Ph. Ext.
Amount of Contract
Patrice Ashe
(909) 387-5944
Not to Exceed $135,000FIY
Fund
Dept.
Organization
Appr.
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Obi/Rev SourcRCIPROJ/JOB
Activity
GNumber
Commodity Code
Estimated Payment Total by Fiscal Year
FY
Amount IID
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FY Amount IID
Project Name
FIRE PROTECTION
2002103
;$ 67,500
SERVICES AGREEMENT
2003104
$135,000
THIS CONTRACT is entered into in the State of California by and between County Service Area 38, hereinafter called CSA 38, and
Name
CITY OF REDLANDS
ATN: FIRE CHIEF
Address 35 Cajon Street, Suite 200
Redlands, CA 92373
Phone
(909)798-7533�
Federal ID No. or Solo! security No.
IS HEREBY AGREED AS FOLLOWS:
hereinafter called CITY
FIRE PROTECTION SERVICES AGREEMENT
BETWEEN COUNTY SERVICE AREA 38
AND
CITY OF REDLANDS
This Agreement is made and entered into by and between COUNTY SERVICE AREA 38 ("CSA 38°), and the CITY OF
REDLANDS ("CITY").
WITNESSETH,
WHEREAS, it is the intent of the parties hereto that the fire protection services in that portion of CSA 38 commonly known as
the "Donut Hole" and as depicted on the attached map, Exhibit "A", Donut Hole Description, be furnished to CSA 38 by CITY
subject to the terms and conditions contained herein; and,
WHEREAS, it is the intent of the parties hereto that the advanced life support (ALSIParamedic) services in that portion of CSA
38 commonly known as the Donut Hole" and as depicted on the attached map, Exhibit "A", Donut Hole Description, also be
furnished to CSA 38 by CITY subject to the terms and conditions contained herein; and,
WHEREAS, it is the intent of the parties hereto that CITY provide the fire protection and ALSIParamedic services to CSA 38
and that CSA 38 pay CITY for these services.
FP Agreement CSA 38/City of Redlands 2003-04 (214254.03) Page 1 of 5
NOW, THEREFORE, the parties agreed as follows:
1 CITY will furnish fire protection services, including advanced life support (AL.S/Paramedic) services ("Services") to
CSA 38 in the Donut Hole.
2. As an integral part of the Services, CITY will also furnish fire prevention inspections and fire cause and origin
determination including investigations that it furnishes within its own boundaries.
CSA 38 will continue to provide fire protection planning and engineering services and agrees to provide CITY with
copies of commercial and industrial project conditions upon final approval of the projects by the County of San
Bernardino ("COUNTY").
4. CITY shall submit annually during the term of this Agreement to CSA 38 a report of all Services provided during the
term of this Agreement. Upon termination of this Agreement, CITY shall submit a close out report of all Services
provided from the last report up to the date of termination.
5. Term - This Agreement shall become effective January 1, 2003 and continue in effect thereafter until terminated as
provided herein,
6. Termination -- Except as otherwise provided herein, either party may terminate this Agreement and CITY may cease
providing Services by giving not less than ninety (90) days written notice to the other party of said intent to terminate.
Upon termination of this Agreement by either party, CSA 38 shall only pay for the pro-rata share of time Services were
actually provided by the CITY.
7. Payment for Services -
a. For the Services provided by CITY, CSA 38 shall pay the sum of $67,500 to CITY within thirty (30) days of the
date of CSA 38's approval of this Agreement for those Services to be rendered for the six-month period from January
1, 2003 through June 30, 2003. Commencing on December 31, 2003, CSA 38 shall pay the sum of $67,500 to CITY
for the prior six-month's Services in arrears and continuing on every June 30 and December 31 during the term of this
Agreement until all or substantially all of the property in Phase 1 of the Citrus Plaza Regional Mall Planned
Development ("Phase V) as then approved by COUNTY (File No. PD195-0005-07) is annexed into the CITY. Upon
annexation of all or substantially all of the property in Phase 1 into the CITY the payments for Services under this
subparagraph will cease, except that if the annexation of all or substantially all of the property in Phase 1 occurs prior
to December 31, 2003, CSA 38 shall still make the $67,500 December 31, 2003 payment to CITY and CITY shall be
entitled to retain all of the $135,000 paid by CSA 38.
b. Upon annexation of all or substantially all of the property in Phase 1 into the CITY, CITY shall continue to
provide services to the remaining undeveloped property in the Donut Hole and CSA 38 shall commence to pay the
sum of $35,000 per year to CITY for each calendar year during the term of this Agreement that CITY provides such
Services. For purposes of this Agreement, "undeveloped property' shall mean the actual state of all property in the
Donut Hole (except for Phase 1), whether a building or structure is located thereon or not, at the time of CSA 38's
approval of this Agreement. The payment for Services to the undeveloped property in the Donut Hole shall be paid to
CITY, in arrears, in equal $17,500 payments on or before June 30 and December 31 of each year, except that for the
payment due on the next June 30 or December 31 (whichever is first) after the effective date of annexation of all or
substantially all of the property in Phase 1 into the CITY, CSA 38 shall pay a prorated share of the $17,500 payment to
CITY based upon the actual number of days of Service provided by CITY..
(1) In the event any undeveloped property in the Donut Hole is later developed by the construction of a
building or a structure thereon, such property shall be redesignated as "developed property" for purposes of
this Agreement and shall continue to receive Services from CITY for six (6) months after the date of issuance
of a certificate of occupancy for the building or structure as part of the Services for undeveloped property.
After the six (6) month period, if the developed property has not been annexed into the CITY, CITY shall
continue to provide Services to the developed property and CSA 38 shall pay to CITY the sum of $725 for
each acre, or portion thereof, of developed property that will receive Services. The $725 Service payment for
each acre, or portion thereof, of developed property is in addition to the $35,000 per year payment for Services
to undeveloped property.
FP Agreement CSA 3810ty of Redlands 2003-04 (214254.03) Page 2 of 5
C. Notwithstanding any other provision of this Agreement, it is the intent of the parties and the parties agree that
CSA 38's obligation to pay CITY for Services to undeveloped and/or developed property in the Donut Hole under this
Agreement shall cease upon the CITY's successful annexation of a majority of the 1104 acres of the property (whether
undeveloped or developed) in the Donut Hale, and thereafter CITY shall continue to provide such Services to the
Donut Hole without charge to CSA 38. Therefore, the CITY's right to terminate this Agreement under Section 7,
Termination, shall cease upon the CITY's successful annexation of a majority of the 1104 acres of the property
(whether undeveloped or developed) in the Donut Hole. (See Exhibit "A", Donut Hole Description) Additionally, any
notification of termination of this Agreement by the CITY within 90 days prior to or at anytime after the commencement
of annexation proceedings which would effect the annexation of a majority of the acreage of the property (whether
undeveloped or developed) in the Donut Hole shall be null and void.
d. Notwithstanding any other provision of this Agreement, should CITY otherwise become legally obligated to
provide Services to any part or all of the Donut Hole at any time during the effective period of this Agreement, CITY
and CSA 38 agree to pro -rate the actual payment due to CITY for Services to those properties covered by this
Agreement which the CITY is not otherwise legally obligated to provide Services.
8. Indemnification —
a. The CITY agrees to indemnify and hold harmless CSA 38 and/or the COUNTY and their authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from
CITY's and its authorized officers', employees', agents' and volunteers' acts, errors, or omissions and for any costs or
expenses incurred by CSA 38 and/or COUNTY on account of any claim therefore, except where such indemnification
is prohibited by law.
b. CSA 38 agrees to indemnify and hold harmless the CITY and/or COUNTY and their authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from
CSA 38's and its authorized officers', employees', agents' and volunteers' acts, errors, or omissions and for any costs
or expenses incurred by CITY and/or COUNTY on account of any claim therefore, except where such indemnification
is prohibited by law.
Insurance —
a. Without in any way affecting the indemnity herein provided and in addition thereto, the CITY shall secure and
maintain throughout the Agreement the following types of insurance and/or self-insurance with limits as shown. The
CITY may satisfy these insurance requirements through a State approved self-insurance program with coverage
substantially as shown.
b. Workers' Compensation — A program of Workers' Compensation Insurance in an amount and form to meet all
applicable requirements of the Labor Code of the State and 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.
C. Comprehensive General and Automobile Liability 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).
d, Additional Named Insured — All policies, except for the Workers' Compensation, shall contain additional
endorsements naming CSA 38, the COUNTY and their officers, employees, agents and volunteers as additional
named insured with respect to liabilities arising out of the performance of services hereunder.
e. Waiver of Subrogation nights — CITY shall require the carriers of the above -required coverages to waive all
rights of subrogation against CSA 38, the COUNTY, their officers, employees, agents, volunteers, contractors and
subcontractors.
f. Policies Primary and Non -Contributory — All policies required above are to be primary and non-contributory
with any insurance or self-insurance programs carried or administered by CSA 38 and/or the COUNTY.
FP Agreement CSA 3810ty of Redlands 2003-04 (214254.03) Page 3 of 5
g. Proof of Coverage -- CITY shall immediately furnish certificates of insurance or proof of self-insurance to CSA
38 evidencing the insurance coverage, including endorsements, above required prior to the commencement of
performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or
expire without thirty (30) days written notice to CSA 38, and CITY shall maintain such insurance from the time CITY
commences performance of Services hereunder until the completion of such Services. Within sixty (60) days of the
commencement of this Agreement, the CITY shall furnish certified copies of the policies and all endorsements.
h. Insurance Review — The above insurance requirements are subject to periodic review by CSA 38. CSA 38's
Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever
the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed
to protect the interest of CSA 38 and/or COUNTY. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or
available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require
additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light
of past claims against CSA 38 and/or COUNTY , inflation, or any other item reasonably related to CSA 38's and/or
COUNTY's risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement.
CITY agrees to execute any such amendment within thirty (30) days of receipt.
10. Notices- All notices hereunder shall be in writing and served personally or deposited in the United States Registered
Mail, return receipt requested, postage prepaid and addressed as follows:
CITY: Kasey Haws, Mayor
35 Cajon Street, Suite 200
Redlands, CA 92373
CSA 38: San Bernardino County Consolidated Fire District
Fire Chief/County Fire Warden
157 W. 5u' Street, 2"d floor
San Bernardino, CA 92415-0450
11. Venue - This Agreement was entered into and is intended to be performed in San Bernardino County, California.
Venue for any action brought by either of the parties shall be the Superior Court of California, County of San
Bernardino, Central District. Each of the parties hereby waives any rule of law or rule of court that would allow it to
request or demand a change in venue. If any action concerning this Agreement is brought by any third party, the
parties shall use their best efforts to obtain a change in venue to the Central District of San Bernardino County.
12. Attorney Fees and Costs - If any legal action is instituted to enforce any of the parties rights hereunder, each of the
parties shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraph shall not
apply to those costs and attorneys' fees directly arising from a third -party legal action against a party hereto and
payable under Section 9, Indemnification.
13. Jury Trial Waiver - CSA 38 and CITY hereby waive their respective rights to trial by jury and agree to accept trial by
judge alone for any cause of action, claim, counterclaim, or cross -complaint in any action, proceeding, and/or hearing
brought by either of the parties against the other(s) on any matter arising out of, or in any way connected with, this
Agreement, the relationship of the parties or any claim of injury or damage, or the enforcement of any remedy under
any law, statue, or regulation, emergency or otherwise, now or hereafter in effect.
14, Independent Capacity —
a. The CITY, its officers, employees, and agents shall act in an independent capacity during the term of this
Agreement and not as officers, employees, or agents of CSA 38 and/or COUNTY, nor shall they have authority to
contract for or on behalf of, or incur obligations on behalf of CSA 38 and/or COUNTY.
FP Agreement CSA 381CIty of Redlands 2003-04 (214254.03) Page 4 of 5
b. CSA 38, its officers, employees, and agents shall act in an independent capacity during the term of this
Agreement and not as officers, employees, or agents of the CITY and/or COUNTY, nor shall they have authority to
contract for or on behalf of, or incur obligations on behalf of, the CITY and/or COUNTY.
15. Incorporation of Recitals - The Recitals are specifically incorporated into this Agreement.
16. Sections and Captions - All references to Sections refer to Sections in this Agreement unless otherwise stated.
Captions are for convenience of reference only and do not constitute a portion of this Agreement.
17. Further Assurances - Each of the parties shall, upon the request of the other party hereto, take such other actions and
sign such other documents (in recordable form, if required) as may be reasonably required to effectuate the terms of
this Agreement.
18. Consent - Whenever consent or approval of any of the parties is required that party shall not unreasonably withhold or
delay such consent or approval.
19. CITY Owned Property in the Donut Hole - Notwithstanding any other provision of this Agreement, real property in the
Donut Hole owned by the CITY on the effective date of this Agreement, or subsequently acquired by the CITY, shall
not be subject to the terms and conditions of this Agreement.
20. Entire Agreement — This Agreement contains the entire agreement and understanding between the parties with
respect to the subject matter hereto. There are no oral understandings, terms, conditions or promises, and neither of
the parties has relied upon any representation, express or implied, not contained in this Agreement. This Agreement
may only be modified or amended in writing and must be signed by each of the parties.
21. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to each
of the parties as herein provided.
CSA 38 CITY OF REDLANDS
Dennis Hansberger, Chairman, Board of Supervisors,
Acting in its capacity as Governing Body of CSA 38
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Cleric of the Board of Supervisors
of the County of San Bernardino.
By
Deputy
By IN -
Karl N. Haws, Mayor
Attest:
By
rrie Poyz 0ity Cleric
Dated: February 18, 2003
P. 0. Box 3005
Address: 35 Cajon Street, Suite 200
Redlands, CA 92373
Approved as to Legal form Reviewed by Contract Compliance Reviewed for Processing
11� 1101- IN -
County Counsel Agency Administrator/CAQ
Date Date Date
FP Agreement CSA 38/City of Redlands 2003-04 (214254.03) Page 5 of 5
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NEW BUSINESS
Ordinance No. 2531- Citation_ Authority - City Attorney McHugh presented a
proposed ordinance which would give citation issuance authority to the NPDES
Inspector in addition to other code enforcement personnel within the City.
Granting the NPDES Inspector the authority to issue citations will relieve a
burden on existing code enforcement staff and could help ensure that the City's
NPDES program was enforced. Ordinance No. 2531, an ordinance of the City
of Redlands adding Chapter 1.24 to the Redlands Municipal Code establish
citation authority, was read by title only by City Clerk Poyzer, and on motion of
Councilmember Peppler, seconded by Councilmember George, further reading
of the ordinance text was unanimously waived, and Ordinance No. 2531 was
introduced with unanimous Council approval and laid over under the rules with
adoption scheduled for January 7, 2003.
LATE BREAKING ITEM
Noting the need to take action was immediate, Councilmember Peppler
moved to add the following item to the agenda which arose subsequent to
the agenda being posted: "Approve an agreement for fire protection
services with County of San Bernardino Service Areas 38 and 70." Motion
seconded by Councilmember Harrison and carried unanimously. City
Manager Davidson explained that Kohl's is ready to receive inventory and
requires fire protection services as of January 1, 2003. He and Fire Chief
Enslow have been negotiating this agreement and the County Board of
Supervisors will consider this agreement at their meeting next week.
Councilmember Gilbreath asked staff to change Paragraph 8 to reflect
payment up front with the City paying back pro -rated funds and upon
annexation to change the pro -rate to be based on square acreage. Subject
to the County Board of Supervisors agreeing to this change,
Councilmember Haws moved to approve the agreement. Motion seconded
by Councilmember Peppler and carried unanimously.
PUBLIC COMMENTS
None forthcoming.
CLOSED SESSION
There being no further business, the meeting adjourned at 8:55 P.M. The next
regular meeting will be held on January 7, 2003_
0�?
City Clerk
December 17, 2002
Page 9
COMMUNICATIONS
Appointments - BEDAC - Mayor Haws moved to nominate Peter M. Barrack
and Brad L. Hundman to fill two unexpired terms to October 15, 2005, on the
Business and Economic Development Advisory Commission (BEDAC).
Motion seconded by Councilmember Harrison and carried unanimously.
Appointments - Planning Commission - Mayor Haws moved to nominate
Carolyn Laymon for reappointment to another four-year term on the Planning
Commission. Motion seconded by Councilmember Harrison and carried
unanimously. Mayor Haws moved to nominate Thomas Osborne for
reappointment to a third four-year term on the Planning Commission. Motion
seconded by CounciImernber Peppler and carried unanimously (4/5 vote of the
City Council required).
Redlands Christian Home - Bill Feenstra, Redlands Christian Home, updated
Councilmernbers on their progress developing their 17.84 acres project on the
northeast corner of Fifth Street and Wabash Avenue and expressed their
appreciation for all the assistance they have received from the City of Redlands.
Public Comments - Grace Lester, Yucaipa, interrupted the meeting and
commented on several items tinder the Consent Calendar and New Business.
Agreement - County Service Area 38 - At the December 17, 2002, meeting
the City Council approved an agreement for fire protection services to CSA
38 with a modification to reflect the City's ability to receive payment up-
front for services being provided and that the agreement include a
provision and/or pro -ration formula that would allow the City to "pay
back" based on the amount of property annexed. In an effort to address
the concerns expressed by the City Council, Mayor Haws, Mayor Pro Tern
Peppier, and the City staff have been working with Supervisor Hansberger
and his staff to develop a revised CSA 38 fire protection service agreement
that meets the needs of both the City Council and the County Board of
Supervisors. Grace Lester, Yucaipa, expressed concerns about the Donut
Hole. Following brief discussion, Councilmember Peppier moved to
approve the revised agreement with County Service Area 38 for fire
protection and ALS/Paramedic services (Donut Hole). Motion seconded by
Councilmember Harrison and carried unanimously.
Resolution No. 6137 - Zero -Emission VehiclePrograrn - Councilmember
George explained the Air Resourced Board staff has recently proposed changes
to the current California Zero -Emission Vehicle (ZEV) Program to be
considered on February 27, 2003. Adoption of these proposed changes would
result in no new ZEV product until the 2008 or 2009 model year, dealing a
major blow to the efforts advancing ZEV technology and commercialization
which would be extremely difficult to reverse in future years. Councilmember
February 18, 2003
Page 5