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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. - 2- 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. -3- 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 -4- 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 -5- 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. -6- 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.