HomeMy WebLinkAboutReso 54-1985 RESOLUTION NO. 54-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION
OF FIRE PROTECTION FEE AGREEMENT
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreememt.
The Agreement entitled "Agreement With Independent Contractor" by and
between the County of San Mateo and the City of South San Francisco is hereby
approved, and a copy of said Agreement is attached hereto as Exhibit "1."
2. Execution of Agreement.
The City Manager is hereby authorized to execute said Agreement on
behalf of the City, and the City Clerk attest his signature thereto.
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 reQular
meeting held on the 27th day of February , 1985, by the following
vote:
AYES:
NOES:
Councilmembers Mark N. AddieQo, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
None
ABSENT: None
ATTEST:/~ erk~~
RESOLUTION NO.
465o.a
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
* * * * * * *
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
CITY OF SOUTH SAN FRANCISCO FOR
'FIRE PROTECTION SERVICES
RESOLVED, by the Board of Supervisors of the County of San
Marco, State of California, that
WHEREAS, there exist small pockets of unincorporated land
within 'the City of South San Francisco for which the County
desires to provide'fire protection and emergency ir~ as timely a
manner as p0ssible; and
.WHEREAS, the City of South San Francisco (City) 'is capable
of providing.such services and has indicated a willingness to do
so;
WHEREAS, this Board has been presented with copy of an
Agreement, reference to which is hereby made for further
particulars, wherein the City will'provide fire protection
services to unincorporated areas of the County'; and
WHEREAS, this Board has examined and approved said
Agreement, as to both form and content, and desires to enter into
same;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the
Chair of the Board of Supervisors, be authorized and directed to
execute..the Agreement for Fire Protection Services for and on
behalf of the County of San Mateo, and the Clerk of this Board
shall attest her signature thereto.
Regularly passed and adopted this 7th
1985 .
AYES and in favor of said resolution:
Supervisors:
day of
K. JACQUELINE SPEIER
JOHN M. WARD
May
ANNA G. ECHO0
TOM NOLAN
WILLI~-J. SCHUMACHER
NOES and against said resolution:
SupervisorS: NONE
Absent Supervisors:
NONE
(SEAL)
ATTEST:
K. JACQUELINE SPEIER
Chair, Board of Supervisors
County of San Mateo
State of California
EUNICE M. BRECHT
Acting Clerk of the Board
STATE OF CALIFORNIA)
)
COU~TY OF SD-N MATEO)
ORLENE FERRANDO, Deputy Clerk, Board of Supervisors, does
hereby certify that the above and foregoing is a full, true and
Correct copy of Resolution No. ~0~ entered in the
minutes of said Board.
In Witness Whereof, I have hereunto set my hand and the·
seal of said Board this
7th day of May , 1985 .
ORLENE FERRANDO,
Deputy Clerk, Board of Supervisors
AGREEHENT WITH INDEPENDENT CONTRACTOR
This Agreement entered this ~T~/ day of ~
19 ~S~, by. and between the COUNTY OF SAN HATEO a political subdivision
of the State of California, hereinafter called "County" and
the City of South San Francisco hereinafter called
"Contractor".
WITNESSETH
WHEREAS, it is necessary and desirable that Contractor be engaged
by County for the purpose of performing services hereinafter described:
NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows:
1. Services to be performed by Contractor. In consideration of
the payments hereinafter set forth, Contractor shall perform services
for County in accordance with the terms, conditions and specifications
set forth herein and in Exhibits "A" and "B" attached hereto and by this
reference made a part hereof.
2. Payments. In consideration of the services rendered in accordance
with all terms, conditions and specifications set forth herein and in.
Exhibit "A", County shall make payment to Contractor in the manner
specified in Exhibit "A".
3. RelatiOnship of the parties. It is understood that this is an
Agreement by and bel~ween Independent Contractor{s) and is not intended
to, and shall not be construed to, create the relationship of .agent,
servant, employer, partnership, joint venture or association, or any
other relationship whatsoever other than that of Independent Contractor'
.] ",;,,..': . , '
4. Indemnification and Insurance. Contractor agrees to hold
County harmless from any damage or injuries ~.~hich may occur to persons
or property as a result of Contractor's activities pursuant to this
Agreement.
5. Non-Assignability. The Contractor shall not assign this
Agreement or any portion thereof to a third party wii[hout the prior
written consent of the County, and any attempted assignment without such
prior ~.~ritten consent in violation of this Section shall aut'omatically
tern~inate this Agreement.
6. Contract Term. This Agreement shall be in effect only as
specified in Exhibit "A".
7. Hold Harmless. The contractor shall indemnify and hold harmless
the County, its officers, agents, employees and servants from all claims,
suits or actions of every name, kind and description, brought for, or on
account of injuries to or death of any person including Contractor, or
damage to property of any kind ~.~hatsoever and to whomsoever belonging,
including but not limited to, the concurrent active or pass~ve negligence
of the County, its officers, agents, or employees and servants, resulting
from the perfor~nce of any work required by this agreement of Contractor,
provided that this shall not apply to injuries or damage for which the
Ceunty has been found in a court of competent jurisdiction to be solely
liable by reason of its own negligence or willful misconduct.
The duty of the contractor to indemnify and hold harmless, as set
forth herein, shall include the duty to defend as set forth in Section
2778 of the California Civil Code.
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8. Insurance
The contractor shall not commence work under this Agreement
until all insurance required under this paragraph has been
obtained and such insurance has been approved by the
County. The contractor shall furnish the County with
certificates of insurance evid.encing the required coverage,
and there shall be a specific contractual liability
endorsement extending the contractor's coverage to include
the contractual liability assumed by the contractor
pursuant to this agreement. These certificates shall
specify or be endorsed to provide that thirty (30) days'
notice must be given, in writing, to the County of any
pending change in the limits of liability or of any
cancellation or modification of the policy.
1. Worker's Compensation and Employer's Liability
The contractor shall have in effect during the
entire life of this agreement Worker's Compensation
and Employer's Liability Insurance providing full
statutory coverage. In signing this agreement, the
contractor makes the following certification, required
by Section 1861 of the California Labor Code:
I am aware of tile provisions of Section 3700 of the
California Labor Code which requires every employer
to be insured against liability for !.,~orker's Compensation
or to undertake self-insurance in accordance with
the provisions of the Code, and I will comply with
such provisions before co~mencing the performance
of the work of this agreement.
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2. Liability Insurance
The contractor shall 'take out and maintain during the
life of this agreement such Bodily Injury Liability and
Property Damage Liability Insurance as shall protect it
~.~hile performing ¥~ork covered by this agreement from any
and~all claims for damages for bodily injury, including
accidental death, as well as any and all claims for
property damage which may arise from-the contractor's
operations under this agreement, ~.~hether such operations
be by contractor or by any subcontractor or by anyone
directly or indirectly employed by either of them. The
amounts of such insurance shall be one million dollars
($1,000,000) 'co~.~bined single limit bodily injury and
pro?erty damage for each occurrence. The insurance will
include the following: general liability; auto~nobile
liability.
The Contractor must supply evidence of automotive liability
insurance in the amount of one million dollars ($1,000,000)
combined single limit bodily injury and property damage
for each occurrence. After three (3) years from the date
this Agreement is first executed the County may, at its
sole discretion, require an increase in the amount of
liability insurance to tile level then customary in similar
County agreements by giving sixty (6.0) days' notice to
Contractor. The County and its officers, agents, employees
and servants shall be nan~ed as additional insureds on any
such policies of insurance, ~hich shall also contain a
provision that the insurance afforded thereby to the
County, its officers, agents, en~ployees and servants
shall be primary insurance to the full limits of liability
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if the policy, and that if the County or its officers, and
employees have other insurance against a loss covered by
such a policy, such other insurance shall be excess
insurance only.
In the event of the breach of any provision of this section,
or in the event any notice is receiv, ed which indicates any
required insurance coverage N'~ill be din~inished or cancelled,
the County may, not~,~ithstanding any other provision of this
?;green~.ent to the contrary, inn.~ediately declare a material
breach of this agreement and suspend all further N,Jork pursuant
to this agree~?.ent.
9. Termination of Contract for Cause. If, through any cause, the
Contractor shall fail to fulfill in a timely and proper r,~nner obligations
under this contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this contract, the County
shall thereupon have the right to terminate this contract by giving
written notice to the Contractor of such termination and specifying the
effectiYe date thereof at least five (5) days before the effective date
of termination. If, through any cause, the County shall fail to fulfill
in a ti[~,ely and proper manner its obligations under this contract, or if
the County shall violate any of the covenants, agreements, or stipulations
of this contract the Contractor shall thereupon have the right to terminate
this contract in the same manner as above.
10. Termination. Either party may terminate this Agreement at
the end of any fiscal year by giving written notice of such termination
to the other party, at least 60 days before the effective date of such
ter~:ination.
]1. Independent Contractor. It is understood and agreed that the
Contractor in the performance of services herein agreed to is not an
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agent or employee of the County and that, as an independent contractor,
the Contractor shall obtain no rights to retirement benefits or other
benefits which accrue to County employees.
12. Equipment. All costs of maintaining, operating, and/ or
replacing equip'ment used in the performance of this contract, shall be
borne by the owner of the equipment.
13. Settlement of Dispute. In the event a dispute occurs between
the parties arising out of either the interpretation or performance of
the terms of this Agreen~ent, and suit is filed thereon by either party,
then the prevailing party shall be entitled to reasonable attorney's
fees as the court may award, in addition to other property costs of
suit. $,ny and all claims for money or damages arising out of the inter-
pretation and performance of this Agreement and made by the Contractor
against the County shall comply with the procedures and time limitations
as set forth in Section 900, et seq., of the California Government Code.
14. Uero~er Clause. This Agreement, including Exhibits "A" and "B"
attached hereto and incorporated herein by reference, constitutes the
sole agreer~;ent of the parties hereto and correctly states the rights,
duties and obligations of each party as of the document's'date. Any
prior agreement, promises, negotiations or representations between the
parties not expressly stated in this document are not binding. All
subsequent modifications shall be in writing. In the event of a conflict
bet~.;een the terms, conditions or specifications set forth herein and
those in Exhibit "A" attached hereto, the terms, conditions or specifications
set forth herein shall prevail.
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IN WITNESS WHEREOF, the parties hereto have affixed their hands
on the day and year first written above.
COUNTY OF SAN MATEO
ATTEST:
Acting Clerk of Said CounTy _ · ,...
ATTEST:
Contractor
EXHIBIT "A"
Services to be performed by the Contractor:
Contractor agrees to provide structural fire protection and emergency
services of a life or pr6perty threatening nature within the areas
outlined in Exhibit "B" ~l.!ildland fire protection shall be provided
but limited tO the capability of two (2) engine companies. When
such wildland fires exceed the capabilities of two engine companies,
and upon request of contractor, support will be provided by the
County through their contract with tile California ~epartment of
Forestry.
Exception: Paramedic service will not be provided under this agreement,
but will be provided as set forth in the agreement with the County
dated December 20, 1983, titled "Agreement with the City of South
San Francisco for the Provision of a Program Utilizing Iqobil Intensive
Care Paramedics Pursuant to SB125 (Statues of 1980)"
Payment s:
County wil.1 pay contractor upon receipt of billing from Contractor
at the beginning of each fiscal year. The charge for the first
year will be $6,107.00. This amount shall be increased by 2% each
year or, when requested in writing at least 60 days prior to the
end of the fiscal year, by either Contractor or County, shall be
refigured according to the follo$~ing formula:
A. XR=C
B
A = Assessed value from latest assessment roll of area outlined in
Exhibit "B". -
B = Fire District assessed value from latest assessment roll.
R : Allocated Fire District revenue as of ~nost recent date.
C = Yearly charge
In the event that there is a breach of contract by Contractor or
County which results in termination during the course of a fiscal
year, a prorated amount of the yearly charge will be returned to
County.
Reports and Records:
Contractor shall Submit reports relating to services provided to
County as may be reasonably requested by the County. In addition,
'Contractor shall notify the County Director of Environmental
~an. agement, of any official., meeting called to consider this contra, ct-
or any-matter affecting 'performance under this contract and"shall
provide cop_ies to County of any material relating to said ~eting,'
in advance of the meeting (unless such material is related to a
'claim or.lawsuit in which Contractor is a ))arty).
Coni~ractor shall keep and maintain accurate records pe.rtaining to
services provided under this agreement. Said records will be made
~vailable to County. or any authorized representatives thereof, upon
reasonable request, and Contractor shall retain such records for
three years unless permission to destroy them is granted by the
COunty. Contractor agrees to make available to the County Auditor/
Controller, upon his reasonable request, all fiscal and other
records'related to' this agreement maintained by Contractor at the
time of said request,, for the purpose of an audit and for verifying
Contractor's compliance with the terms 6f this agreement."
Contract Term:
The term of this agreement shall be from Mn¥ ?, l qR~ until
terminated in.writing by either party in accordance with terms of
this Agreement.