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HomeMy WebLinkAboutReso 15-1998RESOLUTION NO. 15-9g CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A FEE AGREEMENT WITH THE CITY OF BRISBANE FOR FIRE DISPATCH SERVICES TO BE PROVIDED BY THE SOUTH SAN FRANCISCO POLICE AND FIRE COMMUNICATIONS CENTER WHEREAS, the City of Brisbane is eliminating their Communications Center and has requested that South San Francisco provide fire dispatch services on a temporary basis until it is determined what its future needs will be; and WHEREAS, this agreement establishes a monthly fee of three thousand dollars ($3,000) payable to South San Francisco. NOW, THEREFORE BE IT RESOLVED BY the City of South San Francisco that it hereby approves an agreement with the City of Brisbane for fire dispatch services to be provided by the South San Francisco Police and Fire Communications Center. A copy of the Agreement is attached hereto as Exhibit A. The City Manager is hereby authorized to sign the Agreement. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a r`egu] ar' meeting held on the 12th day of_ Feb. , 1998 by the following vote: AYES: Councilmembers James L. Datzman, Penna, Karyl Matsumoto and Mayor NOES: None ABSTAIN: None ABSENT: None Joseph A. Eugene R. Fernekes, John R. Mullin AAFIREDIS.RES ATTEST: City Clerk EXHIBIT A TO RESOLUTION NO. 15-98 AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE CITY OF BRISBANE FIRE REGARDING PROVISION OF FIRE DISPATCH SERVICES This Agreement is entered into between the CITY OF SOUTH SAN FRANCISCO (hereafter, "SOUTH SAN FRANCISCO"), a Municipal Corporation, and the CITY OF BRISBANE (hereafter "BRISBANE"), a Municipal Corporation. RECITALS WHEREAS, BRISBANE desires to use the dispatch services of SOUTH SAN FRANCISCO for its Fire Department; and, WHEREAS, SOUTH SAN FRANCISCO is willing to provide the needed Fire Department dispatch service to BRISBANE, subject to the following terms and conditions: NOW THEREFORE, IT IS AGREED: 1. Term, The term of this Agreement shall be from February 1, 1998 through December 31, 1998, unless otherwise terminated by the parties as set forth herein. This agreement may be extended for one year by mutual written agreement of both parties subject to the same terms and conditions as added herein. 2. Scope of Services. SOUTH SAN FRANCISCO shall provide basic dispatch services for the BRISBANE Fire Department on a 24 hour basis for property within BRISBANE's jurisdiction. Such services shall include answering emergency telephone calls, dispatching fire apparatus by radio, telephone notification of key personnel, providing record keeping activities associated with fire dispatch and participating in quality control and incident critique. 3. Compensation For Service Provided. BRISBANE shall pay SOUTH SAN FRANCISCO Three Thousand Dollars ($3,000.00) a month for the term of this Agreement as compensation for the dispatch services provided pursuant to this Agreement This compensation includes administrative costs, copies, and related materials necessary to provide the services, all of which are incorporated in the compensation rate and shall not be billed separately. 4. Records. SOUTH SAN FRANCISCO shall maintain and preserve all records relating to this Agreement for the time period required by State and local law. 5. Relationship of Parties. It is understood that this is an Agreement between two independent contractors and that no agency, employee, partnership, joint venture or other relationship is established by the Agreement, other than that which is expressly provided for in Section 6c of this Agreement. 6. Status of SOUTH SAN FRANCISCO Employees. a. For the purpose of performing the services and functions provided for in this Agreement, SOUTH SAN FRANCISCO shall fumish and supply all necessary personnel, labor and supervision necessary to maintain the level of service to be rendered hereunder. All persons employed by SOUTH SAN FRANCISCO to perform services and functions pursuant to this Agreement shall be considered SOUTH SAN FRANCISCO employees and shall at all times be under the direction and control of SOUTH SAN FRANCISCO. b. All persons employed by SOUTH SAN FRANCISCO to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to SOUTH SAN FRANCISCO employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges, including those provided to BRISBANE Fire Department employees. c. Where necessary, for the purpose of giving official status to the performance of the services and functions of this Agreement, every SOUTH SAN FRANCISCO officer and employee, while engaged in the performance of any service within the scope of this Agreement, shall be deemed to be an agent of BRISBANE Fire Department. Notwithstanding the agency relationship created by this subparagraph, BRISBANE shall not be liable for any act or omission of any SOUTH SAN FRANCISCO officer or employee unless otherwise specifically provided elsewhere in this Agreement. d. BRISBANE shall not be liable for the direct payment of any salaries, wages, or other compensation to any SOUTH SAN FRANCISCO personnel performing services pursuant to this Agreement or for any liability other than that provided for in this Agreement. e. Except as herein otherwise specified, BRISBANE shall not be liable for compensation or indemnity to any SOUTH SAN FRANCISCO employee for injury or illness or other claims arising out of his or her employment by SOUTH SAN FRANCISCO. 7. Indemnification. SOUTH SAN FRANCISCO shall defend, indemnify, protect, and hold BRISBANE and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to SOUTH SAN FRANCISCO's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of SOUTH SAN FRANCISCO, and its agents, officers or employees, in performing the agreement or services herein; provided, however, that SOU'I~ SAN FRANCISCO's duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or misconduct of BRISBANE, its agents, officers or employees. BRISBANE shall defend, indemnify, protect, and hold SOUTH SAN FRANCISCO and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to BRISBANE employees, agent or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of BRISBANE, and its agents, officers or employees, in performing the Agreement or services herein; provided however, that BRISBANE's duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or misconduct of the SOUTH SAN FRANCISCO, its agents, officers or employees. 2 SOUTH SAN FRANCISCO employees performing services pursuant to this agreement shall not be BRISBANE agents for the mutual indemnification purposes of this Agreement. 8. Brisbane responsibilities. BRISBANE shall be responsible for the cost of installing the communication phone line between the two cities. Brisbane shall also be responsible for any necessary equipment, maintenance, or replacement of equipment needed at its site. 9. Powers of Authority. It is agreed that in performing the services pursuant to this Agreement, SOUTH SAN FRANCISCO shall have all the powers of BRISBANE required and shall receive all cooperation possible from BRISBANE's Fire Department to enable efficient enforcement of such rules, regulations, resolutions and/or ordinances of BRISBANE that are to be enforced by SOUTH SAN FRANCISCO pursuant to this Agreement. 10. Additional Documents and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements which may be required to carry out the terms of this Agreement. 11. Compliance with Applicable Laws. All services to be performed by SOUTH SAN FRANCISCO pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County and Municipal laws, ordinances and regulations, including, but not limited to, appropriate licensure and certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. 12. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them separately and collectively. 13. Construction of Agreement. This Agreement shall be construed and enforced pursuant to the laws of the State of California. 14. Time of the Essence. In entering into this Agreement, the parties recognize and agree that time is of the essence. 15. Arbitration. Except as otherwise provided herein, any dispute regarding the interpretation of this Agreement shall be resolved by final and binding arbitration pursuant to the Rules of the American Arbitration Association. The cost of the arbitrator and any court reporter shall be borne equally by BRISBANE Fire Department and SOUTH SAN FRANCISCO. 16. Notices. Whenever notice is required hereunder, it shall be given to the parties as follows: TO: Police Chief Mark Raffaelli - SOUTH SAN FRANCISCO 33 Arroyo Drive, Suite C South San Francisco, CA 94080 TO: Dave Eufusia - Fire Chief- BRISBANE FIRE 3445 Bayshore Blvd. Brisbane, CA 94005 3 17. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to do the acts required of it hereunder. If any party is found to lack the authority to do the acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction, this Agreement shall be void. 18. Entire Agreement. This document embodies the entire terms and conditions of the Agreement described herein. This agreement may be executed in two (2) counterparts, each of which shall constitute an original. 19. Termination. Upon 30 days written notice, either party may terminate the provision of any or all of the services to be provided, pursuant to this Agreement. BRISBANE shall compensate SOUTH SAN FRANCISCO for all services provided up to the date of termination as provided herein, including any pro-rata share for partial monthly service. 20. Amendment. This Agreement may only be amended in waiting by an amendment signed by both SOUTH SAN FRANCISCO and BRISBANE. CITY OF BRISBANE City Manger Dated: Approved as to form: City Attomey SOUTH SAN FRANCISCO Dated: City Manager Dated: Approved as to form: City Attomey Dated: A:XBRISBANE.AGR 4