HomeMy WebLinkAboutCity of Sanger Fire Department-Fire Dispatch Services_A-23-324.pdf co County of Fresno Hall of Records, Room301
2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
185� O Telephone:(559)600-3529
FRESH Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
June 20, 2023
Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig, Supervisor Buddy Mendes,
Supervisor Brian Pacheco, and Chairman Sal Quintero
Agenda No. 68. Public Health File ID: 23-0437
Re: Approve and authorize the Chairman to execute a revenue Agreement with the City of Sanger,for
dispatch services for the City of Sanger Fire Department through the Fresno County Emergency
Medical Services Communications Center, effective July 1, 2023,through June 30, 2026($53,616);
Approve and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises, d.b.a.
American Ambulance,for City of Sanger Fire Department dispatch services through the Fresno County
Emergency Medical Services Communications Center, effective July 1,2023,through June 30, 2026
($45,261);Approve and authorize the Chairman to execute a revenue Agreement with the City of
Fresno,for dispatch services for the City of Fresno Fire Department through the Fresno County
Emergency Medical Services Communications Center,effective July 1, 2023,through June 30,2026
($3,086,756);Approve and authorize the Chairman to execute an Agreement with K.W.P.H.
Enterprises,d.b.a.American Ambulance,for City of Fresno Fire Department dispatch services through
the Fresno County Emergency Medical Services Communications Center, effective July 1,2023,
through June 30, 2026($2,867,838);Approve and authorize the Chairman to execute a revenue
Agreement with Pistoresi Ambulance Service,for dispatch services through the Fresno County
Emergency Medical Services Communications Center, effective July 1,2023,through June 30, 2026
($1,050,528);Approve and authorize the Chairman to execute an Agreement with K.W.P.H.
Enterprises,d.b.a.American Ambulance,for dispatch of Pistoresi Ambulance Services through the
Fresno County Emergency Medical Services Communications Center, effective July 1,2023,through
June 30,2026 ($933,303);Approve and authorize the Chairman to execute a revenue Agreement with
Sierra Ambulance Service,for dispatch services through the Fresno County Emergency Medical
Services Communications Center,effective July 1,2023,through June 30,2026($324,132);Approve
and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises, d.b.a.American
Ambulance,for dispatch of Sierra Ambulance Services through the Fresno County Emergency Medical
Services. Communications Center, effective July 1,2023, through June 30,2026($288,072);Approve
and authorize the Chairman to execute a revenue Agreement with KWPH Enterprises, d.b.a.American
Ambulance,for dispatching of their ambulances in Kings County through the Fresno County
Emergency Medical Services Communications Center, effective July 1, 2023 through June 30, 2026
($108,126)
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero
Agreement No.23-324,Agreement No.23-325,Agreement No.23-326,Agreement No. 23-327,
Agreement No.23-328,Agreement No.23-329,Agreement No. 23-330,Agreement No. 23-331,
Agreement No. 23-332
County of Fresno Page 70
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Board Agenda Item 68
O 1856 O
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DATE: June 20, 2023
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director of Public Health
SUBJECT: Agreements for Dispatch Services at the Fresno County Emergency Medical
Services Communications Center
RECOMMENDED ACTION(S):
1. Approve and authorize the Chairman to execute a revenue Agreement with the City of
Sanger,for dispatch services for the City of Sanger Fire Department through the Fresno
County Emergency Medical Services Communications Center, effective July 1, 2023,
through June 30, 2026($53,616).
2. Approve and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises,
d.b.a.American Ambulance, for City of Sanger Fire Department dispatch services through
the Fresno County Emergency Medical Services Communications Center, effective July 1,
2023, through June 30, 2026 ($45,261).
3. Approve and authorize the Chairman to execute a revenue Agreement with the City of
Fresno,for dispatch services for the City of Fresno Fire Department through the Fresno
County Emergency Medical Services Communications Center, effective July 1, 2023,
through June 30, 2026($3,086,756).
4. Approve and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises,
d.b.a.American Ambulance,for City of Fresno Fire Department dispatch services through
the Fresno County Emergency Medical Services Communications Center, effective July 1,
2023,through June 30, 2026($2,867,838).
5. Approve and authorize the Chairman to execute a revenue Agreement with Pistoresi
Ambulance Service,for dispatch services through the Fresno County Emergency Medical
Services Communications Center, effective July 1, 2023,through June 30, 2026 ($1,050,528).
6. Approve and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises,
d.b.a.American Ambulance, for dispatch of Pistoresi Ambulance Services through the
Fresno County Emergency Medical Services Communications Center, effective July 1,2023,
through June 30, 2026($933,303).
7. Approve and authorize the Chairman to execute a revenue Agreement with Sierra
Ambulance Service,for dispatch services through the Fresno County Emergency Medical
Services Communications Center, effective July 1,2023,through June 30, 2026($324,132).
8. Approve and authorize the Chairman to execute an Agreement with K.W.P.H. Enterprises,
d.b.a.American Ambulance, for dispatch of Sierra Ambulance Services through the Fresno
County Emergency Medical Services. Communications Center, effective July 1, 2023,
through June 30, 2026 ($288,072).
9. Approve and authorize the Chairman to execute a revenue Agreement with KWPH
Enterprises, d.b.a.American Ambulance,for dispatching of their ambulances in Kings
County through the Fresno County Emergency Medical Services Communications Center,
effective July 1, 2023 through June 30, 2026 ($108,126).
County of Fresno page 1 File Number.23-0437
File Number:23-0437
There is no additional Net County Cost associated with the recommended actions. Approval of the
recommended actions will continue the provision of dispatch services for the fire departments in the Cities
of Fresno and Sanger, and ambulance providers in Madera and Kings Counties. Each agreement includes a
separate agreement with American Ambulance for actual provision of dispatch services and to pass-through
funds received from the city fire departments and ambulance service providers for reimbursement of
personnel and dispatch costs provided by American Ambulance. The County retains a portion to offset
County costs, with no increase in Net County cost. This item is countywide, however, it includes services
outside County jurisdiction which is necessary because of the EMS Communications Center's regional
functions.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board not approve the recommended actions, the Cities
of Fresno and Sanger will need to find another dispatch center for their fire departments, the identified
Madera County ambulance providers would need to find other alternatives for dispatch services, and
American Ambulance would need to find other alternatives for dispatch services for its Kings County
operations.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions.The recommended
agreements are fully funded with pass-through revenue(s)from the Cities. The total revenue and costs for
each recommended agreement are outlined below:
Sanger-Revenue Agreement
Year One(7/1/2023- 6/30/2024):$17,346
Year Two(7/1/2024- 6/30/2025):$17,868
Year Three(7/1/2025- 6/30/2026):$18,402
Term Maximum:$53,616
American Ambulance-Sanger-Agreement
Year One(7/1/2023- 6/30/2024):$14,790
Year Two(7/1/2024- 6/30/2025):$15,084
Year Three(7/1/2025- 6/30/2026):$15,387
Term Maximum:$45,261
Department retains$8,353
City of Fresno-Revenue Agreement
Year One(7/1/2023- 6/30/2024):$1,008,612
Year Two(7/1/2024- 6/30/2025):$1,028,784
Year Three(7/1/2025- 6/30/2026):$1,049,360
Term Maximum:$3,086,756
American Ambulance-Fresno Agreement
Year One(7/1/2023- 6/30/2024):$937,080
Year Two(7/1/2024- 6/30/2025):$955,821
Year Three(7/1/2025- 6/30/2026):$974,937
Term Maximum:$2,867,838
Department retains$218,924
Pistoresi-Revenue Agreement
Year One(7/1/2023- 6/30/2024):$339,876
Year Two(7/1/2024- 6/30/2025):$350,076
Year Three(7/1/2025- 6/30/2026):$360,576
Term Maximum:$1,050,528
County of Fresno page 2 File Number.23-0437
File Number:23-0437
American Ambulance-Pistoresi Agreement
Year One(7/1/2023- 6/30/2024):$304,962
Year Two(7/1/2024- 6/30/2025):$311,061
Year Three(7/1/2025- 6/30/2026):$317,280
Term Maximum:$933,303
Department retains$117,225
Sierra-Revenue Agreement
Year One(7/1/2023- 6/30/2024):$104,868
Year Two(7/1/2024- 6/30/2025):$108,012
Year Three(7/1/2025- 6/30/2026):$111,252
Term Maximum:$324,132
American Ambulance-Sierra Agreement
Year One(7/1/2023- 6/30/2024):$94,128
Year Two(7/1/2024- 6/30/2025):$96,012
Year Three(7/1/2025- 6/30/2026):$97,932
Term Maximum:$288,072
Department retains$36,060
American-Kings-Revenue Agreement
Year One(7/1/2023- 6/30/2024):$36,042
Year Two(7/1/2024- 6/30/2025):$36,042
Year Three(7/1/2025- 6/30/2026):$36,042
Term Maximum:$108,126
The retained revenues will be used to offset County costs, such as personnel and radio equipment. There
are no pending invoices pertaining to these agreements. Sufficient appropriations and estimated revenues
will be included in the Department's Org 5620 FY 2023-24 Recommended Budget and will be included in
subsequent fiscal year budget requests.
DISCUSSION:
The Fresno County EMS Communications Center(Center) is a regional dispatch center responsible for the
management and dispatch of all ambulance requests in Fresno, Kings, and Madera Counties.The Center
began dispatch services for the City of Sanger in July 2008, City of Fresno in February 2006, Pistoresi and
Sierra in 2005, and American Ambulance's Kings County operations in 2000. The prior agreements were
passed by your Board on July 7, 2020 for Pistoresi (Agreement Nos. 20-258 and 20-259), Sierra (Agreement
Nos. 20-260 and 20-261), and the City of Sanger(Agreement Nos. 20-266 and 20-267); June 22, 2021 for
the City of Fresno (Agreement Nos. 21-224 and 21-225); and December 15, 2020 for American Ambulance
Kings County dispatch (Agreement No. 20-509).
The proposed revenue agreements with Sanger, Pistoresi, Sierra, and the City of Fresno allow them to
continue contracting with the County for dispatch services utilizing the Center, which is staffed and operated
by American Ambulance under its exclusive operating Agreement with the County of Fresno.
The proposed service agreements with American Ambulance for dispatch services allows the County to
pass-through funds received by the cities and ambulance providers to American Ambulance for dispatch
services; and continue services as provided for in prior agreements, which are all set to expire on June 30,
2023.
The proposed revenue agreement with American Ambulance for Kings County dispatch allows them to
continue contracting with the County for dispatching services utilizing the Center, which is staffed and
operated by American Ambulance under its exclusive operating agreement with the County of Fresno.
County of Fresno Page 3 File Number.23-0437
File Number:23-0437
The proposed revenue agreements with the Cities of Fresno and Sanger, Sierra, Pistoresi, and American
Ambulance for Kings County operations can be terminated without cause by either party with a ninety-day
written notice, and either party may terminate the contract if the other party commits a material breach by
providing a ten-day written notice, unless the breaching party cures the breach within the ten days.
The proposed American Ambulance service agreements can be terminated without cause by either party
with a sixty-day written notice, and either party may terminate the contract if the other party commits a
material breach by providing a seven-day written notice, unless the breaching party cures the breach within
seven days.
The proposed agreements contain a mutual hold harmless clause and in the event of an act of god, act of
public enemy, or other extraordinary cause not reasonably within control of either party, the proposed
agreements contain a force majeure clause, which excuses the parties' performance under the
agreements.
The proposed revenue agreement with the City of Fresno deviates from the standard insurance language,
as the City's Risk Management disagreed with including certain clauses, such as the"Acceptability of
Insurers", as the City is self-insured, and the "County's Entitlement to Greater Coverage", allows limitless
liability and access to City's excess policies. Insurance language used in the proposed revenue agreement
uses language more consistent with the last agreement passed by your Board on June 22, 2021. County's
Risk Management strongly recommended leaving those clauses in the agreement, but the Department
believes that entering into this agreement with this deviation outweighs any associated risks.
Risk Management has reviewed the agreements, and does not approve of the mutual hold harmless clause
for the Sierra, Pistoresi, and American Ambulance agreements, as they are private companies, but the
Department believes that the benefits of entering into these agreements outweigh any associated risks, and
is consistent with prior agreements.
REFERENCE MATERIAL:
BAI #56, June 22, 2021
BAI #72, December 15, 2020
BAI #39, July 7, 2020
BAI #42, July 7, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Agreement with City of Sanger
On file with Clerk-Agreement with American Ambulance (Sanger)
On file with Clerk-Agreement with City of Fresno
On file with Clerk-Agreement with American Ambulance (Fresno)
On file with Clerk-Agreement with Pistoresi Ambulance Service
On file with Clerk-Agreement with American Ambulance (Pistoresi)
On file with Clerk-Agreement with Sierra Ambulance Service
On file with Clerk-Agreement with American Ambulance (Sierra)
On file with Clerk-Agreement with American Ambulance (Kings County)
CAO ANALYST:
Ronald Alexander
County of Fresno Page 4 File Number.23-0437
Agreement No. 23-324
1 AGREEMENT
2 This Service Agreement ("Agreement") is dated 20 June. 2023 and is between
3 the City of Sanger, a California Municipal Corporation ("City"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. City receives calls requesting both fire suppression services and emergency medical
7 services ("EMS).
8 B. City transfers those calls for fire suppression services and EMS to County's EMS
9 Communications Center for dispatching the appropriate emergency ambulances and
10 equipment.
11 C. City's Fire Department ("City Fire") continues to desire to receive dispatching services
12 for fire suppression calls, which may include dispatching of non-transport first responder
13 services, (collectively, "Fire Dispatching Services")from County's EMS Communications Center.
14 D. County has provided dispatching services for City through Agreements and successor
15 Agreements since July 1, 2008.
16 E. It is to the mutual benefit and in the best interest of the parties hereto to have a
17 combined EMS and Fire Dispatching Services for the purpose of providing improved services to
18 the public.
19 F. It is a goal of County and City to maintain a consolidated dispatching services in Fresno
20 County.
21 G. It has been determined by City and County that there is a need to provide EMS
22 dispatching services and Fire Dispatching Services through a centralized and combined effort
23 by County's EMS Communications Center and City Fire.
24 H. County's EMS Communications Center is staffed and operated by K.W.P.H. Enterprises,
25 doing business as American Ambulance, a California Corporation ("Provider") through that
26 certain Emergency Medical Services and Provider Agreement for Emergency Ambulance
27 Services, dated May 16, 2017 (County Agreement No. 17-218), by and between County and
28 Provider, including all amendments thereto (the "EMS Provider Agreement").
1
1 The parties therefore agree as follows:
2 Article 1
3 City's Responsibilities
4 1.1 The City shall perform all of the services provided in Exhibit A to this Agreement,
5 titled "City's Responsibilities."
6 1.2 Representation. The City represents that it is qualified, ready, willing, and able to
7 perform all of the services provided in this Agreement.
8 1.3 Compliance with Laws. The City shall, at its own cost, comply with all applicable
9 federal, state, and local laws and regulations in the performance of its obligations under this
10 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
11 and regulations.
12 Article 2
13 County's Services
14 2.1 The County shall perform all of the services provided in Exhibit B to this Agreement
15 titled "County's Services."
16 2.2 Representation. The County represents that it is qualified, ready, willing, and able to
17 perform all of the services provided in this Agreement.
18 Article 3
19 Compensation, Invoices, and Payments
20 3.1 For County's performance of Fire Dispatching Services herein, City agrees to pay,
21 and the County agrees to receive, compensation for the performance of its services under this
22 Agreement according to Exhibit C to this Agreement, titled "Compensation."
23 3.2 Maximum Compensation. The maximum compensation payable to County under
24 the performance of this Agreement is as follows:
25 For the period of July 1, 2023 through June 30, 2024, the amount of this Agreement
26 shall not exceed Seventeen Thousand Three Hundred Forty-Six and 00/100 Dollars
27 ($17,346.00).
28
2
1 For the period of July 1, 2024 through June 30, 2025, the amount of this Agreement
2 shall not exceed Seventeen Thousand Eight Hundred Sixty-Eight and 00/100 Dollars
3 ($17,868.00).
4 For the period of July 1, 2025 through June 30, 2026, the amount of this Agreement
5 shall not exceed Eighteen Thousand Four Hundred Two and 00/10 Dollars ($18,402.00).
6 3.3 Invoices. County shall invoice City monthly, addressed to the City of Sanger, Fire
7 Department, 1700 7th Street, Sanger, California, 93657, Attention: Fire Chief
8 3.4 Payment. Payments by City shall be in arrears, for services provided during the
9 preceding month, within forty-five (45) days after receipt and verification of County's invoices by
10 City Fire. All payments shall be remitted to County at the following address: County of Fresno,
11 Department of Public Health — Emergency Medical Services Division, P.O. Box 11867, Fresno,
12 California, 93775.
13 3.5 Incidental Expenses. The City is solely responsible for all of its costs and expenses
14 that are not specified as payable by the County under this Agreement.
15 Article 4
16 Term of Agreement
17 4.1 Term. This Agreement is effective on July 1, 2023 and terminates on June 30, 2026,
18 except as provided in Article 6, "Termination and Suspension," below.
19 4.2 Data Upon Termination. When this Agreement terminates, County shall promptly
20 provide City with the data generated through the Fire Dispatching Services provided herein in a
21 commonly usable electronic format.
22 Article 5
23 Notices
24 5.1 Contact Information. The persons and their addresses having authority to give and
25 receive notices provided for or permitted under this Agreement include the following:
26
For the County:
27 Director, Department of Public Health
County of Fresno
28 P.O. Box 11867
Fresno, CA 93775
3
1 CCEMSA(aUresnocountyca.gov
Fax: (559) 600-7691
2
For the City:
3 City of Sanger
Attn: City Manager
4 1700 71h Street
Sanger, CA 93657
5
6 5.2 Change of Contact Information. Either party may change the information in section
7 5.1 by giving notice as provided in section 5.3.
8 5.3 Method of Delivery. Each notice between the County and the City provided for or
9 permitted under this Agreement must be in writing, state that it is a notice provided under this
10 Agreement, and be delivered either by personal service, by first-class United States mail, by an
11 overnight commercial courier service, by telephonic facsimile transmission, or by Portable
12 Document Format (PDF) document attached to an email.
13 (A) A notice delivered by personal service is effective upon service to the recipient.
14 (B)A notice delivered by first-class United States mail is effective three County
15 business days after deposit in the United States mail, postage prepaid, addressed to the
16 recipient.
17 (C)A notice delivered by an overnight commercial courier service is effective one
18 County business day after deposit with the overnight commercial courier service,
19 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
20 the recipient.
21 (D)A notice delivered by telephonic facsimile transmission or by PDF document
22 attached to an email is effective when transmission to the recipient is completed (but, if
23 such transmission is completed outside of County business hours, then such delivery is
24 deemed to be effective at the next beginning of a County business day), provided that
25 the sender maintains a machine record of the completed transmission.
26 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
27 nothing in this Agreement establishes, waives, or modifies any claims presentation
28
4
1 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
2 of Title 1 of the Government Code, beginning with section 810).
3 Article 6
4 Termination and Suspension
5 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
6 contingent on the approval of funds by the appropriating government agency. If sufficient funds
7 are not allocated, then either party may:
8 (A) Modify the services provided under this Agreement; or
9 (B) Terminate this Agreement by the non-appropriating governmental agency giving
10 the other party at least ninety (90) days advance written notice of an intention to
11 terminate.
12 6.2 Termination for Breach.
13 (A) Upon determining that a breach (as defined in paragraph (C) below) has
14 occurred, the County may give written notice of the breach to the City. The written notice
15 may suspend performance under this Agreement, and must provide at least 30 days for
16 the City to cure the breach.
17 (B) If the City fails to cure the breach to the County's satisfaction within the time
18 stated in the written notice, the County may terminate this Agreement immediately.
19 (C) For purposes of this section, a breach occurs when, in the determination of the
20 County, the City has:
21 (1) Obtained or used funds illegally or improperly;
22 (2) Failed to comply with any part of this Agreement;
23 (3) Submitted a substantially incorrect or incomplete report to the County; or
24 (4) Improperly performed any of its obligations under this Agreement.
25 6.3 Termination without Cause. Under circumstances other than those set forth above,
26 this Agreement may be terminated by City or County upon giving the other party at least ninety
27 (90) days advance written notice of an intention to terminate.
28
5
1 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
2 under this Article 6 is without penalty to or further obligation of the County.
3 6.5 County's Rights upon Termination. City shall compensate or provide funding to
4 County for Fire Dispatching Services performed prior to termination of this Agreement. This
5 section survives the termination of this Agreement.
6 Article 7
7 Independent Contractor
8 7.1 Status. In performing under this Agreement, the County, including its officers,
9 agents, employees, and volunteers, is at all times acting and performing as an independent
10 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
11 venturer, partner, or associate of the City.
12 7.2 Verifying Performance. The City has no right to control, supervise, or direct the
13 manner or method of the County's performance under this Agreement, but the City may verify
14 that the County is performing according to the terms of this Agreement.
15 7.3 Benefits. Because of its status as an independent contractor, the County has no
16 right to employment rights or benefits available to City employees. The County is solely
17 responsible for providing to its own employees all employee benefits required by law. The
18 County shall save the City harmless from all matters relating to the payment of County's
19 employees, including compliance with Social Security withholding and all related regulations.
20 7.4 Services to Others. The parties acknowledge that, during the term of this
21 Agreement, the County may provide services to others unrelated to the City.
22 Article 8
23 Indemnity and Defense
24 8.1 Indemnity by City. The City shall indemnify and hold harmless and defend the
25 County (including its officers, agents, employees, and volunteers) against all claims, demands,
26 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
27 liabilities of any kind to the County, the City, or any third party that arise from or relate to the
28 performance or failure to perform by the City (or any of its officers, agents, subcontractors, or
6
1 employees) under this Agreement. The County may conduct or participate in its own defense
2 without affecting the City's obligation to indemnify and hold harmless or defend the County.
3 8.2 Indemnity by County. The County shall indemnify and hold harmless and defend
4 the City (including its officers, agents, employees, and volunteers) against all claims, demands,
5 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
6 liabilities of any kind to the City, the County, or any third party that arise from or relate to the
7 performance or failure to perform by the County (or any of its officers, agents, subcontractors,
8 employees, or Provider) under this Agreement. The City may conduct or participate in its own
9 defense without affecting the County's obligation to indemnify and hold harmless or defend the
10 City.
11 8.3 Concurrent Negligence. In the event of concurrent negligence on the part of County
12 or any of its officers, agents or employees, or Provider, and of City or any of its officers, agents,
13 or employees, the liability for any and all such claims, demands and actions in law or equity for
14 such costs and expenses (including attorneys' fees and costs), damages, and losses shall be
15 apportioned under the State of California's theory of comparative negligence as presently
16 established or as may be modified hereafter.
17 8.4 Survival. This Article 8 survives the termination of this Agreement.
18 Article 9
19 Insurance
20 9.1 The Parties shall comply with all the insurance requirements in Exhibit D to this
21 Agreement.
22 Article 10
23 Inspections, Audits, and Public Records
24 10.1 Inspection of Documents. During the term of this Agreement and for a period of
25 three (3) years after final payment under this Agreement, each party shall at any time during
26 business hours, and as often as the other party may deem necessary, make available to the
27 other party for examination all of the party's records and data with respect to the matters
28 covered by this Agreement. During the same period of time, each party shall also, upon request
7
1 by the other party, permit the other party to audit and inspect all such records and data
2 necessary to ensure the party's compliance with the terms of this Agreement.
3 10.2 State Audit Requirements. If the compensation under this Agreement exceeds
4 $10,000, the County is subject to the examination and audit of the California State Auditor, as
5 provided in Government Code section 8546.7, for a period of three years after final payment
6 under this Agreement.
7 10.3 Public Records. The County is not limited in any manner with respect to its public
8 disclosure of this Agreement or any record or data that the City may provide to the County. The
9 County's public disclosure of this Agreement or any record or data that the City may provide to
10 the County may include but is not limited to the following:
11 (A) The County may voluntarily, or upon request by any member of the public or
12 governmental agency, disclose this Agreement to the public or such governmental
13 agency.
14 (B) The County may voluntarily, or upon request by any member of the public or
15 governmental agency, disclose to the public or such govemmental agency any record or
16 data that the City may provide to the County, unless such disclosure is prohibited by
17 court order.
18 (C)This Agreement, and any record or data that the City may provide to the County,
19 is subject to public disclosure under the Ralph M. Brown Act (California Government
20 Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
21 (D)This Agreement, and any record or data that the City may provide to the County,
22 is subject to public disclosure as a public record under the California Public Records Act
23 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section
24 6250) ("CPRA").
25 (E) This Agreement, and any record or data that the City may provide to the County,
26 is subject to public disclosure as information concerning the conduct of the people's
27 business of the State of California under California Constitution, Article 1, section 3,
28 subdivision (b).
8
I (F) Any marking of confidentiality or restricted access upon or otherwise made with
2 respect to any record or data that the City may provide to the County shall be
3 disregarded and have no effect on the County's right or duty to disclose to the public or
4 governmental agency any such record or data.
5 10.4 Public Records Act Requests. If the County receives a written or oral request
6 under the CPRA to publicly disclose any record that is in the City's possession or control, and
7 which the County has a right, under any provision of this Agreement or applicable law, to
8 possess or control, then the County may demand, in writing, that the City deliver to the County,
9 for purposes of public disclosure, the requested records that may be in the possession or
10 control of the City. Within five business days after the County's demand, the City shall (a)
11 deliver to the County all of the requested records that are in the City's possession or control,
12 together with a written statement that the City, after conducting a diligent search, has produced
13 all requested records that are in the City's possession or control, or (b) provide to the County a
14 written statement that the City, after conducting a diligent search, does not possess or control
15 any of the requested records. The City shall cooperate with the County with respect to any
16 County demand for such records. If the City wishes to assert that any specific record or data is
17 exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
18 data to the County and assert the exemption by citation to specific legal authority within the
19 written statement that it provides to the County under this section. The City's assertion of any
20 exemption from disclosure is not binding on the County, but the County will give at least 10
21 days' advance written notice to the City before disclosing any record subject to the City's
22 assertion of exemption from disclosure. The City shall indemnify the County for any court-
23 ordered award of costs or attorney's fees under the CPRA that results from the City's delay,
24 claim of exemption, failure to produce any such records, or failure to cooperate with the County
25 with respect to any County demand for any such records.
26 10.5 Retention. Each party shall maintain its records in connection with the respective
27 services referred to under this Agreement. Such records must be maintained for a minimum of
28 three (3) years. Records must also be maintained a minimum of three (3) years after the
9
1 termination of this Agreement. The party generating the records shall maintain ownership of the
2 records upon termination of this Agreement.
3 10.6 This Article 10 shall survive the expiration or termination of this Agreement.
4 Article 11
5 General Terms
6 11.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
7 Agreement may not be modified, and no waiver is effective, except by written agreement signed
8 by both parties. The City acknowledges that County employees have no authority to modify this
9 Agreement except as expressly provided in this Agreement.
10 11.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
11 under this Agreement without the prior written consent of the other party.
12 11.3 Governing Law. The laws of the State of California govern all matters arising from
13 or related to this Agreement.
14 11.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
15 County, California. City consents to California jurisdiction for actions arising from or related to
16 this Agreement, and, subject to the Government Claims Act, all such actions must be brought
17 and maintained in Fresno County.
18 11.5 Construction. The final form of this Agreement is the result of the parties' combined
19 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
20 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
21 against either party.
22 11.6 Days. Unless otherwise specified, "days" means calendar days.
23 11.7 Headings. The headings and section titles in this Agreement are for convenience
24 only and are not part of this Agreement.
25 11.8 Severability. If anything in this Agreement is found by a court of competent
26 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
27 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
28
10
1 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
2 intent.
3 11.9 Nondiscrimination. During the performance of this Agreement, the City shall not
4 unlawfully discriminate against any employee or applicant for employment, or recipient of
5 services, because of race, religious creed, color, national origin, ancestry, physical disability,
6 mental disability, medical condition, genetic information, marital status, sex, gender, gender
7 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
8 all applicable State of California and federal statutes and regulation.
9 11.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
10 of the City under this Agreement on any one or more occasions is not a waiver of performance
11 of any continuing or other obligation of the City and does not prohibit enforcement by the County
12 of any obligation on any other occasion.
13 11.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
14 between the City and the County with respect to the subject matter of this Agreement, and it
15 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
16 publications, and understandings of any nature unless those things are expressly included in
17 this Agreement. If there is any inconsistency between the terms of this Agreement without its
18 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
19 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
20 exhibits.
21 11.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
22 create any rights or obligations for any person or entity except for the parties.
23 11.13 Authorized Signature. The City represents and warrants to the County that:
24 (A) The City is duly authorized and empowered to sign and perform its obligations
25 under this Agreement.
26 (B) The individual signing this Agreement on behalf of the City is duly authorized to
27 do so and his or her signature on this Agreement legally binds the City to the terms of
28 this Agreement.
11
1 11.14 Electronic Signatures. The parties agree that this Agreement maybe executed by
2 electronic signature as provided in this section.
3 (A) An "electronic signature" means any symbol or process intended by an individual
4 signing this Agreement to represent their signature, including but not limited to (1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this Agreement
10 for all purposes, including but not limited to evidentiary proof in any administrative or
11 judicial proceeding, and (2) has the same force and effect as the valid original
12 handwritten signature of that person.
13 (C)The provisions of this section satisfy the requirements of Civil Code section
14 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
15 Part 2, Title 2.5, beginning with section 1633.1).
16 (D) Each party using a digital signature represents that it has undertaken and
17 satisfied the requirements of Government Code section 16.5, subdivision (a),
18 paragraphs (1) through (5), and agrees that each other party may rely upon that
19 representation.
20 (E) This Agreement is not conditioned upon the parties conducting the transactions
21 under it by electronic means and either party may sign this Agreement with an original
22 handwritten signature.
23 11.15 Counterparts. This Agreement maybe signed in counterparts, each of which is an
24 original, and all of which together constitute this Agreement.
25 Article 12
26 Miscellaneous Provisions
27 12.1 Provider. The parties hereto acknowledge that Provider, or its replacement, if any
28 during the term of the EMS Provider Agreement, will carry out County's provision of Fire
12
1 Dispatching Services herein. In the event of any such replacement of Provider, the replacement
2 EMS Provider Agreement will be on substantially the same terms as the EMS Provider
3 Agreement to the extent that it concerns this Agreement, as provided herein.
4 12.2 Force Majeure.
5 A. If either party hereto is rendered unable, wholly or in part, by Force Majeure to
6 carry out its obligations under this Agreement, that party shall give to the other party hereto
7 prompt written notice of the Force Majeure with full particulars relating thereto. Thereupon, the
8 obligations of the party giving the notice, so far as they are affected by the Force Majeure, shall
9 be suspended during, but no longer than, the continuance of the Force Majeure, except for a
10 reasonable time thereafter required to resume performance.
11 B. During any period in which either party hereto is excused from performance by
12 reason of the occurrence of an event of Force Majeure, the party so excused shall promptly,
13 diligently, and in good faith take all reasonable action required in order for it to be able to
14 promptly commence or resume performance of its obligations under this Agreement. Without
15 limiting the generality of the foregoing, the party so excused from performance shall, during any
16 such period of Force Majeure, take all reasonable action necessary to terminate any temporary
17 restraining order or preliminary or permanent injunctions to enable it to so commence or resume
18 performance of its obligations under this Agreement.
19 C. The party whose performance is excused due to the occurrence of an event of
20 Force Majeure shall, during such period, keep the other party hereto notified of all such actions
21 required in order for it to be able to commence or resume performance of its obligations under
22 this Agreement.
23 D. "Force Majeure" is defined as an Act of God, act of public
24 enemy, war, and other extraordinary causes not reasonably within the control of either of the
25 parties hereto.
26 [SIGNATURE PAGE FOLLOWS]
27
28
13
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
CITY OF SANGER COUNTY OF FRESNO
4 i�
� l '
5 F ank Gonzalez,VayoV S Q 'nt ro, hairman of the Board of
S s the County of Fresno
6
7 -106 l�/Z3
Re ca Padron, City Clerk Date
8
Attest:
9 Bernice E. Seidel
C A--� w Clerk of the Board of Supervisors
10 Tim Chapa,-City Mana er County f Fresno, State of California
11
By:
12 Approved as to Legal Form: De uty
Sanger City Attorney
13
14 Date ��PP
By: �1G����fe��
15 Hilda Cantu-Montoy
16 Attn: Fire Department
1700 7th Street
17 Sanger, CA 93657
18 For accounting use only:
19 Org No.: 56201693
Account No.: 5039
20 Fund No.: 0001
Subclass No.: 10000
21
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14
Exhibit A
1 City's Responsibilities
2 City shall perform the following functions:
3 (1) City shall provide all fire suppression services for all fire suppression calls
4 dispatched by County's EMS Communications Center requiring City Fire apparatuses.
5 (2) City Fire shall consult with County's Representative in developing City
6 Fire's Policies and Procedures relating to dispatch only. City shall provide City Fire's Policies
7 and Procedures relating to dispatch to County for review thereof by County's Representative.
8 City shall not approve City Fire's Policies and Procedures relating to dispatch until first having
9 conferred with County's Representative and such representative agrees such policies and
10 procedures are not inconsistent with the County's EMS Communication Center's policies and
11 procedures. County's Representative shall have neither the right nor the duty to approve the
12 number of City Fire apparatuses or personnel, or amount of City Fire equipment or other
13 resources, that City Fire deems sufficient to respond to any calls for City Fire Dispatching
14 Services, or other City Fire's Policies and Procedures unrelated to dispatch. City Fire shall be
15 reasonable in developing City Fire's Policies and Procedures relating to dispatch such that
16 those policies and procedures are substantially consistent with County's EMS Communication
17 Center's Policies and Procedures.
18 (3) City shall participate in continuing education and training to County's EMS
19 Communications Center radio operators and staff regarding the dispatching and management
20 of City Fire resources.
21 (4) City shall assure all calls to City for EMS and fire suppression services
22 are immediately transferred to County's EMS Communications Center.
23 (5) In the event that City purchases and/or implements software/equipment
24 that requires County to purchase additional software/equipment to accommodate that
25 purchase, then City shall bear full responsibility for any additional costs incurred by County and
26 County shall invoice City for costs incurred.
27
28
A-1
Exhibit A
1 (6) City shall provide County with data, which includes the exact times EMS
2 and fire suppression calls are received at City's Police Department Communications Center(or
3 other point of City contact, if any)and transferred to County's EMS Communications Center.
4 (7) City agrees to provide an internal quality improvement program, which
5 includes the participation of County and Provider.
6 (8) City shall be responsible for the provision and maintenance of all radio
7 and computer equipment in City Fire apparatuses and City owned radio infrastructure.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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A-2
Exhibit B
1 County's Services
2 County shall be responsible for and provide each of the following:
3 (1) County shall obtain and maintain dispatching equipment, hardware, software
4 (including software licenses), and other technologies, which will be utilized for the triage and
5 entry of information for City Fire Dispatching Services in County's EMS Communications
6 Center computer aided dispatch ("CAD") system, in connection with County's performance of
7 its City Fire Dispatching Services under this Agreement; and
8 (2) County shall be responsible for selection, configuration, installation, and
9 maintenance of equipment, hardware, software and other technologies associated with this
10 Agreement. Such equipment, hardware, software (including software licenses), and other
11 technologies purchased and/or obtained by County through this Agreement shall be the sole
12 property of County. In the event City purchases and/or obtains software (including software
13 licenses)for sole use by City, then City shall be responsible for on-going maintenance, and
14 replacement costs; and
15 (3) County shall provide City Fire Dispatching Services requiring responses by
16 City Fire apparatuses as follows:
17 (a) County's EMS Communication Center shall provide all City Fire
18 Dispatching Services in accordance with City Fire's Policies and Procedures affecting City Fire
19 Dispatching Services under this Agreement ("City Fire's Policies and Procedures") (to the
20 extent that they relate only to dispatch), which shall be subject to review by County's EMS
21 Director, or designee (the "County's Representative"), as provided in Section (2)of Exhibit A.
22 (b) County's EMS Communication Center shall dispatch City Fire's
23 apparatuses through City's radios and electronic communications systems, and in accordance
24 with City Fire's Policies and Procedures (to the extent that they relate only to dispatch), which
25 shall be subject to review by County's Representative, as provided in Section (2) of Exhibit A.
26 (c) In accordance with City Fire's Policies and Procedures, County's
27 EMS Communications Center shall provide pre-arrival instructions to callers requesting City
28 Fire's services.
B-1
Exhibit B
1 (d) County's EMS Communications Center shall provide inter-agency
2 coordination regarding requests for City Fire services, mutual aid, and instant-aid services, and
3 order specialized fire equipment from City or other agencies (e.g., hazardous materials
4 equipment, or"jaws of life"), which may be needed to handle an incident, and perform other
5 related duties, all in accordance with City Fire's Policies and Procedures (to the extent that they
6 relate only to dispatch), which shall be subject to review by County's Representative, as
7 provided in Section (2) of Exhibit A.
8 (e) County's EMS Communications Center shall track all activity of
9 City Fire's apparatuses utilizing the County's EMS Communications Center CAD system.
10 (f) County shall record all telephone and radio transmissions and
11 provide instant playback as needed. Upon request, County shall provide audio recordings to
12 City Fire.
13 (g) County shall provide reports to City as requested. County must be
14 given reasonable time to develop custom reports or reports that are not already developed.
15 (h) County shall provide 1 radio operator for dispatching of City Fire's
16 apparatuses 24 hours a day, 7 days a week. City understands that the radio operator is not
17 dedicated for the sole purpose of City and that the radio operator may be dispatching other fire
18 and EMS providers. City Fire shall work collaboratively with County on policies and procedures
19 that are consistent with other fire agencies that are being dispatching in County's EMS
20 Communications Center. County shall provide that dispatching staff shall be training in
21 emergency fire dispatch.
22 0) County shall provide a minimum of one (1) dispatch supervisor be
23 on duty at County's EMS Communications Center twenty-four (24) hours a day, seven (7) days
24 a week. The supervisor shall be available to City's on-duty fire administration as needed.
25 0) County shall maintain an up-to-date manual of City Fire's Policies
26 and Procedures (subject to review by COUNTY's Representative, as provided in paragraph (2)
27 of Exhibit A) for all dispatch staff, and shall provide for training and continuing education of
28 dispatch staff as needed.
B-2
Exhibit B
1 (k) The goal for the immediate dispatch of a fire apparatus, in
2 accordance with CITY FIRE approved dispatch protocols, and excluding multiple unit
3 responses, reassigned responses and other situations beyond the County's EMS
4 Communications Center control, shall be sixty (60) seconds. The dispatch time will be
5 measured from the time the telephone is answered by the call taker to the time the first fire
6 apparatus is alerted to the incident either by radio, telephone, pager or station alerting device.
7 A review shall occur for all cases in which dispatches are over ninety (90) seconds, and results
8 will be evaluated for improvement opportunities by the Fire Dispatch Continuous Quality
9 Improvement (CQI) Committee.
10 It is understood that because of the dynamic nature of emergency services, there
11 are situations when the sixty (60) second dispatch goal may not be achieved. Examples of
12 these situations include, but are not limited to:
13 1. calls with incomplete, inaccurate or no ANUALI
14 information (including CAD-to-CAD);
15 2. calls that do not geo-verify in the CAD;
16 3. calls in which the reporting party is either unable or
17 unwilling to immediately provide all required information as part of the call taking process (i.e.,
18 non-English speaking, hysterical, or uncooperative) or use of the Teletype (TTY) or
19 Telecommunication Device for the Deaf(TDD) or audio relay device.
20 It is understood by the parties hereto that County's provision of City Fire
21 Dispatching Services herein does not include any County provision of fire suppression
22 services, and that County is providing City Fire Dispatching Services herein to City on a non-
23 exclusive basis.
24
25
26
27
28
B-3
Exhibit C
Compensation
The County will be compensated for performance of its services under this Agreement
as provided in this Exhibit C. The County is not entitled to any compensation except as
expressly provided in this Exhibit C.
County will be compensated according to the following schedule:
Payment Month Payment
Amount
1 Jul 2023 $1,445.50
2 Aug2023 $1,445.50
3 Sep 2023 $1,445.50
4 Oct 2023 $1,445.50
5 Nov 2023 $1,445.50
6 Dec 2023 $1,445.50
7 Jan 2024 $1,445.50
8 Feb 2024 $1,445.50
9 Mar2024 $1,445.50
10 A r 2024 $1,445.50
11 May 2024 $1,445.50
12 Jun 2024 $1,445.50
13 Ju12024 $1,489.00
14 Aug2024 $1,489.00
15 Sep 2024 $1,489.00
16 Oct 2024 $1,489.00
17 Nov 2024 $1,489.00
18 Dec 2024 $1,489.00
19 Jan 2025 $1,489.00
20 Feb 2025 $1,489.00
21 Mar2025 $1,489.00
22 A r 2025 $1,489.00
23 May 2025 $1,489.00
24 Jun 2025 $1,489.00
25 Ju12025 $1,533.50
26 Aug2025 $1,533.50
27 Sep 2025 $1,533.50
28 Oct 2025 $1,533.50
29 Nov 2025 $1,533.50
30 Dec 2025 $1,533.50
31 Jan 2026 $1,533.50
32 Feb 2026 $1,533.50
33 Mar2026 $1,533.50
34 A r 2026 $1,533.50
35 May 2026 $1,533.50
36 Jun 2026 $1,533.50
D-1
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the indemnification of each party as stated in Article 8 above, it is understood
and agree that City and County shall maintain, at their sole expense, the following insurance
policies or self-insurance programs including, but not limited to, an insurance pooling
arrangement and/or Joint Powers Agreement to fund their respective liabilities through the term
of this Agreement:
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. Each party shall obtain an endorsement to this
policy naming the other party, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by each party
is excess only and not contributing with insurance provided under the other party's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
2. Additional Requirements
(A) Verification of Coverage for City. Within 30 days after the City signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the City shall deliver, or cause its broker or
producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor,
Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or
email to the person identified to receive notices under this Agreement, certificates of
insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2)the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the City
has waived its right to recover from the County, its officers, agents, employees,
and volunteers any amounts paid under any insurance policy required by this
Agreement and that waiver does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
D-1
Exhibit D
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
City's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Verification of Coverage for County. Within 30 days after the County signs this
Agreement, and at any time during the term of this Agreement as requested by the City,
the County shall deliver, or cause its broker or producer to deliver, to the City,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the City, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
County has waived its right to recover from the City, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the City of Sanger, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the City
shall be excess only and not contributing with insurance provided under the
County's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(C)Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(D) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, each party shall provide to the other party, or ensure that the policy requires
the insurer to provide to the other party, written notice of any cancellation or change in
the policy as required in this paragraph, not less than 30 days in advance of cancellation
or change.
(E) County's Entitlement to Greater Coverage. If the City has or obtains insurance with
broader coverage, higher limits, or both, than what is required under this Agreement,
then the County requires and is entitled to the broader coverage, higher limits, or both.
To that end, the City shall deliver, or cause its broker or producer to deliver, to the
County's Risk Manager certificates of insurance and endorsements for all of the
D-2
Exhibit D
coverages that have such broader coverage, higher limits, or both, as required under
this Agreement.
(F) Waiver of Subrogation for City. The City waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The City is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the City's waiver of subrogation under this paragraph is effective whether or
not the city obtains such an endorsement.
(G)Waiver of Subrogation for County. The County waives any right to recover from the
City, its officers, agents, employees, and volunteers any amounts paid under the policy
of worker's compensation insurance required by this Agreement. The County is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the County's waiver of subrogation under this paragraph is effective whether
or not the County obtains such an endorsement.
(H) County's Remedy for City's Failure to Maintain. If the City fails to keep in effect at all
times any insurance coverage required under this Agreement, the County may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon
the occurrence of that failure, or purchase such insurance coverage, and charge the cost
of that coverage to the City.
(1) City's Remedy for County's Failure to Maintain. If the County fails to keep in effect at
all times any insurance coverage required under this Agreement, the City may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon
the occurrence of that failure, or purchase such insurance coverage, and charge the cost
of that coverage to the County.
(J) Subcontractors. The City shall require and verify that all subcontractors used by the
County to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement.
D-3