HomeMy WebLinkAbout2013/04/16 Item 05CITY COUNCIL
AGENDA STATEMENT
\i~.~i:. cnY of
CHULAVISTA
APRIL 16, 2013 Item 5
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO YEAR AGREEMENT
WITH THE CITY OF SAN DIEGO FOR FIRE AND
EMERGENCY MEDICAL DISPATCH SERVICES AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT O EHALF OF THE CITY
SUBMITTED BY: FIRE CHIEF ,
REVIEWED BY: CITY MA CE
ASSISTAN P Y CITY MANAGER
4/STHS VOTE: YES ~ NO
SUMMARY
On March 24, 2009, City Council approved a 5-year contract with City of San Diego for fire
and medical dispatch services for the City of Chula Vista retroactive to March 1, 2008. On
February 28, 2013, this contract expired and staff is requesting approval of a new 2-yeaz
agreement.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
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APRIL 16, 2013, Item 5
Page 2 of 3
On December 4, 2007, the City Council approved the City Manager's budget reduction
plan, which included the transfer of the Fire Department's Communications Center to an
outside agency in order to generate $740,000 in annual budgetazy savings.
The Fire Department Staff, along with the City Attorney's Office, negotiated a contract
with the City of San Diego Fire-Rescue Department that was approved by Council on
Mazch 24, 2009. This five-year agreement had an annual cost of $460,000 for Fire/EMS
911 Communications as a Contract Agency. This contract expired on Februazy 28, 2013
and staff is requesting approval of a new 2-yeaz agreement.
The annual cost of the new agreement including labor and materials will remain the same
at $460,000. In addition, the agreement contains the following service provisions to be
performed and provided by San Diego Fire-Rescue Department:
a. Processing all fire and medical related emergency calls via the 911
Secondary Public Safety Answering Point (PSAP).
b. Triaging medical calls using the Emergency Medical Dispatch
process which includes:
Automated Pro QA Emergency Medical Dispatching
(EMD) with call downgrading features.
ii. Coordinated dispatch efforts with American Medical
Response (AMR) for ambulances within Chula Vista with
the use of an automated TriTech Computer Aided Dispatch
(CAD) to GEAC CAD interface.
c. 800 Mhz Radio Communications System (RCS) Radio dispatch
services to coordinate with Chula Vista's 800 Mhz RCS existing
equipment and RCS member rights.
d. Dynamic Automatic Vehicle Location (AVL/CAD) driven
dispatch of closest available resource(s) to given emergency,
incident type(s), and location(s).
e. VisiNet Mobile Data Computer services.
f. Mobile Data Computer (MDC/CAD) driven mapping and live-
routing services.
g. TriTech CAD View services.
h. CAD Data Collection and Reporting services that will provide pre-
established data collection points and generated reports including
yearly, quarterly, monthly reports; Growth Management Oversight
Commission (GMOC) data; call for service statistics and/or other
incident specific data and reports as available.
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APRIL 16, 2013, Item S
Page 3 of 3
i. Records Management System (RMS) services that will permit a
TriTech to Firehouse interface; a download of CAD data as
needed; Fire Station Alerting Services; TriTech to Westnet
interface.
j. Paging Services between TriTech and American Messaging
interface.
The agreement also contains the necessary indemnification, insurance and termination
language that protects the interests of the City of Chula Vista and the City of San Diego.
Staff is recommending that Council approve this agreement for the purpose of
formalizing the City's acquisition of fire and emergency medical dispatching services
from San Diego Fire-Rescue Department.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500-foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not
independently aware, nor has staff been informed by,any City Councilmember, of any
other fact that may constitute a basis for a decision maker conflict of interest in this
matter.
CURRENT YEAR FISCAL IMPACT
The amount of $460,000 for fire and medical dispatch services is already included in the
current fiscal year budget. Approving the two-agreement has no net fiscal impact to the
General Fund.
ONGOING FISCAL IMPACT
The amount of $460,000 for fire and medical dispatch services will be included in the
proposed fiscal year 2013/2014 budget.
ATTACHMENTS
Agreement with City of San Diego for fire and medical dispatch services
Prepared 6y: Jim Garcia, Deputy Fire Chief, Fire Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ATWO-YEAR AGREEMENT
WITH THE CITY OF SAN DIEGO FOR FIRE AND
EMERGENCY MEDICAL DISPATCH SERVICES AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, on March 24, 2009, City Council approved a 5-year contract with
City of San Diego for fire and medical dispatch services for the City of Chula Vista; and
WHEREAS, this five-year agreement had an anmial cost of $460,000 for
Fire/EMS 911 Communications as a Contract Agency and expired on February 28, 2013;
and
WHEREAS, city staff is requesting approval of a two-year agreement, with three
additional one-year extensions (if agreed to between San Diego and Chula Vista), with
the City of San Diego to continue fire and emergency medical dispatch services for the
armual cost of $460,000; and
WHEREAS, the amount of $460,000 for fire and medical dispatch services is
already included in the Fire Department budget, and has no additional fiscal impact to the
General Fetid; and
WHEREAS; the City Council hereby approves a continued conh'act with the City
of San Diego and agrees that this contract shall apply retroactively to the date of March 1,
2013; and
WHEREAS, the City Council agrees to have the City Manager execute any one-
year extensions so long as the Fire Chief recommends the extension and subject to
budgetary approval for any increased costs related to the services San Diego is being
reimbursed for; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve atwo-year agreement with the City of San Diego for fire and
emergency medical dispatch services and authorize the Mayor to execute the agreement
on behalf of the City.
Presented by: Approved as to form by:
Dave Hanneman
Fire Chief
C..~--~-~ C.
Glen R. Googms 'p 4 °~~1
City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~.
Glen R. gins
City Attorney
Dated: ~! _ Z -
AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND
CITY OF SAN DIEGO
FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES
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AGREEMENT
BETWEEN
THE CITY OF SAN DIEGO
AND
THE CITY OF CHULA VISTA
REGARDING FII2E AND EMERGENCY MEDICAL DISPATCH SERVICES
THIS AGREEMENT is entered by and between the City of San Diego, a municipal
corporation, [San Diego] and the City of Chula Vista, a municipal corporation, [Chula Vista],
sometimes referred to jointly herein as the Parties.
RECITALS
WHEREAS, San Diego and Chula Vista have organized and equipped fire departments
charged with the duty of fire protection and rescue within the limits of said Parties; and
WHEREAS, Chula Vista, by way of Resolution Number 2007-289, approved by its
Council and Mayor, resolved that Chula Vista's interests would be best served by entering into
an agreement with San Diego to outsource Chula Vista's fire and emergency medical dispatch
services to San Diego; and
WHEREAS, San Diego, by way of Ordinance Number 0-2008-113, approved by its
Council and Mayor, resolved that San Diego's interests would be best served by entering into an
agreement with Chula Vista to provide Chula Vista with Fire And Emergency Medical Dispatch
Services under the terms described in said ordinance and in accordance with the December 17,
2007 letter agreement signed by the Parties; and
WHEREAS, Chula Vista, by way of Resolution Number 2013- ,approved by its
Council and Mayor, resolved that Chula Vista's interests would be best served by continuing to
have an agreement with San Diego to outsource Chula Vista's fire and emergency medical
dispatch services to San Diego; and
WHEREAS, it would be to the benefit of each party and in the best interests of the
citizens of the respective jurisdictions for San Diego to provide fire and emergency medical
dispatch services to Chula Vista in order to protect the health and safety of all affected residents;
and
WHEREAS, Chula Vista desires and intends per the terms of this contract to pay San
Diego for services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
and conditions contained in this Agreement, and for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Chula Vista and San Diego agree as follows:
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A. Term of Agreement
This Agreement shall be become effective as of Mazch 1, 2013, or upon its final
execution by the Parties and their respective City Councils (where required), which ever
comes first, and shall be effective until the last day of February 2015, two yeazs after its
inception.
B. Obligations of the Parties
1. The service descriptions herein outline specific aspects of service relevant to the
performance of the emergency dispatch services by San Diego. To the extent that
safety, technological or any other necessary changes warrant an amendment of the
specific service or method employed to provide the Fire and Emergency Medical
Dispatch Services contemplated herein, neither Party may unreasonably refuse to
implement safety, technological, cost-saving efforts or changes.
The dispatch services that will be provided include services and technology:
a. Processing all fire and medical related emergency calls via the
911 Secondazy Public Safety Answering Point (PSAP).
b. Triaging medical calls using the Emergency Medical Dispatch process
which includes:
Automated Pro QA Emergency Medical Dispatching (EMD) with
call downgrading features.
ii. Coordinated dispatch efforts with American Medical Response
(AMR) for ambulances within Chula Vista with the use of an
automated TriTech Computer Aided Dispatch (CAD) to GEAC
CAD interface.
c. 800 Mhz Radio Communications System (RCS) Radio dispatch services
to coordinate with Chula Vista's 800 Mhz RCS existing equipment and
RCS member rights.
d. Dynamic Automatic Vehicle Location (AVL/CAD) driven dispatch of
closest available resource(s) to given emergency, incident type(s), and
location(s).
e. VisiNet Mobile Data Computer services.
£ Mobile Data Computer (MDC/CAD) driven mapping and live-routing
services.
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g. TriTech CAD View services.
h. CAD Data Collection and Reporting services that will provide pre-
established data collection points and generated reports including yeazly,
quarterly, monthly reports; Growth Management Oversight
Commission(GMOC) data; call for service statistics and/or other incident
specific data and reports as available.
Records Management System (RMS) services that will permit a TriTech
to Firehouse interface; a download of CAD data as needed; Fire Station
Alerting Services; TriTech to VJestnet interface.
j. Paging Services between TriTech and American Messaging interface.
C. Payment
Chula Vista will pay San Diego for services rendered under this contract in the
annual amount of $460,000. San Diego shall provide to Chula Vista, on a
quarterly basis, a statement for services rendered under this contract and payment
by Chula Vista for that quarter shall be remitted to the City thirty (30) days
thereafter.
The Parties shall maintain books, records, logs, documents, and other evidence
sufficient to record all actions taken with respect to rendering services under this
Agreement throughout the performance of services and for ten (10) yeazs
following completion of services under thus Agreement. The parties further agree
to allow for mutual inspection, copying and auditing of such books, records,
documents and other evidence at all reasonable times.
D. Indemnification and Insurance
Indemnification.
The City shall defend, indemnify, and hold harmless Chula Vista, its elected
officials, officers, agents, employees, and attorneys (hereinafter collectively
referred to as "Chula Vista Parties") from and against any and all claims asserted
or liability established for damages or injuries to any person or property
(hereinafter collectively referred to as "Claims") related to or azising out of this
Agreement or the work performed pursuant to this Agreement, but only to the
extent such Claims azise directly or indirectly from any negligent act, error, or
omission of the City, its officials, employees or agents, and not including Claims
caused by the concurrent negligent act, error or omission of Chula Vista Parties,
or by the sole negligence or willful misconduct of Chula Vista Parties.
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Chula Vista shall defend, indemnify, and hold harmless the City, its elected
officials, officers, agents, employees, and attorneys (hereinafter collectively
refer-ed to as "City Parties") from and against any and all claims asserted or
liability established for damages or injuries to any person or property (hereinafter
collectively referred to as "Claims") related to or arising out of this Agreement or
the work performed pursuant to this Agreement, but only to the extent such
Claims arise directly or indirectly from any negligent act, error, or omission of the
County, its officials, employees, or agents, and not including Claims caused by
the concurrent negligent act, error or omission of City Parties or by the sole
negligence or willful misconduct of City Parties.
2. Insurance Requirements. Chula Vista, at its sole cost and expense, shall purchase
and maintain in full force and effect during the term of the Agreement, and all
amendments to the Agreement, the following insurance coverage:
a. Commercial Automobile Liability. Automobile insurance covering
damages for all bodily injury or property damage incurred during the
performance of this Agreement, with a minimum combined single limit of
$1,000,000. Such automobile insurance shall include hired and non-owned
vehicles.
b. Commercial General Liability. Comprehensive general liability insurance,
with minimum limits of $1,000,000 per occurrence and an annual
aggregate of $2,000,000, covering all personal injury, bodily injury and
property damage arising out of its operation under this Agreement.
Contractual liability shall include coverage of tort liability of another party
to pay for bodily injury or property damage to a third person or
organization. Contractual liability limitation endorsement is not
acceptable.
c. Worker's Compensation. For all of the Chula Vista's employees who are
subject to this Agreement and to the extent required by the State of
California, Chula Vista shall keep in full force and effect, a workers
compensation policy. That policy shall provide a minimum of $1,000,000
of employer's liability coverage, and the Chula Vista shall provide an
endorsement that the insurer waives the right of subrogation against San
Diego and its respective elected officials, officers, employees, agents and
representatives.
d. Rating Requirements. All insurance required by express provision of this
Agreement shall be carved only by responsible insurance companies that
have been given at least an "A" & "V" rating in the current AM BEST,
that are licensed to do business in the State of California, and that have
been approved by San Diego.
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e. Deductibles. All deductibles on any policy shall be the responsibility of
Chu]a Vista.
£ Specific Provisions Required. Each policy required under this section shall
expressly provide, and an endorsement shall be submitted to San Diego,
that:
Except as to Workers Compensation, the City of San Diego and its
respective elected officials, officers, employees, agents, and
representatives shall be named as additional insured. San Diego's
Additional Insured status must be reflected on additional insured
endorsement form CG 2010, or equivalent, which shall be
submitted to San Diego.
ii. Primary and Non-Contributory Coverage. The policy or policies
must be endorsed to provide that the insurance afforded by the
Commercial General Liability policy or policies is primazy to any
insurance or self-insurance of the City of San Diego and its elected
officials, officers, employees, agents and representatives as
respects operations of the Named Insured. Any insurance
maintained by the City of San Diego and its elected officials,
officers, employees, agents and representatives shall be in excess
of Consultant's insurance and shall not contribute to it.
iii. The policies cannot be canceled, non-renewed or materially
changed except after thirty (30) calendar days prior written notice
by the Chula Vista to San Diego by certified mail, as reflected in
an endorsement which shall be submitted to San Diego except for
non-payment of premium, in which case ten (10) days notice will
be provided.
iv. Before performing any services under this Agreement, Chula Vista
shall provide San Diego with all Certificates of Insurance
accompanied with all endorsements.
Chula V ista may obtain additional insurance not required by this
Agreement.
If any required insurance coverage is provided on a "claims made" rather than
"occurrence" form, Chula Vista shall maintain such insurance coverage. for three (3) years
after expiration of the term (and any extensions) of this Agreement.
If Chula Vista does not keep all of such insurance policies in full force and effect at all
times during the term of this Agreement, San Diego may elect to treat the failure to
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maintain the requisite insurance as a breach of the contract and terminate the Agreement
as provided herein.
E. Right to Terminate for Convenience
Either party may terminate the services agreed to pursuant to this contract by giving
written notice of such termination to the other party. Such notice shall be delivered by
certified mail with return receipt for delivery to the noticing party. The termination of the
services shall be effective thirty days after the receipt of the notice by the noticed party.
F. Right to Terminate for Defauh
If Chula Vista fails to perform or adequately perform any obligation required by thus
Agreement, Chula Vista's failure constitutes a Default. If Chula Vista fails to
satisfactorily cure a Default within thirty (30) calendar days of receiving written notice
from San Diego specifying the nature of the Default, San Diego may immediately cancel
and/or terminate this Agreement, and terminate each and every right of Chula Vista, and
any person claiming any rights by or through the Chula Vista wider thus Agreement. The
rights and remedies of San Diego enumerated in this paragraph are cumulative and shall
not limit San Diego's rights under any other provision of this Agreement, or otherwise
waive or deny any right or remedy, at law or in equity, existing as of the date of this
Agreement or enacted or established at a later date, that may be available to San Diego
against Chula Vista.
G. City of San Diego Contract Requirements
To the extent appropriate in light of the rights and duties specified in thus contract, and as
applicable to particular parties, the following requirements shall apply:
Drug-Free Workplace. Chula Vista agrees to comply with San Diego's Drug Free
Workplace requirements set forth in Council Policy 100-17, adopted by San
Diego Resolution R-277952 and incorporated into this Agreement by this
reference.
ADA Certification. Chula Vista hereby certifies that it agrees to comply with San
Diego's Americans With Disabilities Act Compliance/City" Contracts
requirements set forth in Council Policy 100-04, adopted by San Diego
Resolution R-282153and incorporated into this Agreement by this reference.
Non-Discrimination Requirements.
a. Compliance with San Diego's Equal Opportunity Contracting Program.
Chula Vista shall comply with San Diego's Equal Opportanity Contracting
Program Consultant Requirements. Chula Vista shall not discriminate
against any employee or applicant for employment on any basis prohibited
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bylaw. Chula Vista shall provide equal opportmiity in all employment
practices. The Consultant shall ensure that its Subcontractors comply with
San Diego's Equal Opportunity Contracting Program Consultant
Requirements. Nothing in this Section shall be interpreted to hold Chula
Vista liable for any discriminatory practice of its Subcontractors.
b. Non-Discrimination Ordinance. Chula Vista shall not discriminate on the
basis of race, gender, religion, national origin, ethnicity, sexual
orientation, age, or disability n the solicitation, selection, hiring or
treatment of Subcontractors, vendors or suppliers. Chula Vista shall
provide equal opportunity for Subcontractors to participate in
subcontracting opportunities. Chula Vista understands and agrees that
violation of this clause shall be considered a material breach of the
contract and may result in contract termination, debarment, and other
sanctions. This language shall be in contracts between the Chula Vista and
any Subcontractors, vendors and suppliers.
c. Compliance Investigations. Upon San Diego's request, the Chula
Vista agrees to provide to San Diego, within sixty (60) calendaz
days, a truthful and complete list of the names of all
Subcontractors, vendors, and suppliers that Chula Vista has used in
the past five (5) years on any of its contracts that were undertaken
within San Diego. County, including the total dollaz amount paid
by Chula Vista for each subcontract or supply contract. Chula
Vista further agrees to fully cooperate in any investigation
conducted by San Diego pursuant to San Diego's
Nondiscrimination in Contracting Ordinance [San Diego
Municipal Code sections 22.3501-22.3517]. Chula Vista
understands and agrees that violation of thus clause shall be
considered a material breach of the contract and may result in
remedies being ordered against Chula Vista up to and including
contract termination, debarment, and other sanctions for violation
of the provisions of the Nondiscrimination in Contracting
Ordinance. Chula Vista further understands and agrees that the
procedures, remedies and sanctions provided for in the
Nondiscrimination Ordinance apply only to violations of said
Nondiscrimination Ordinance.
H. Product Endorsement
Chula Vista acknowledges and agrees to comply with the provisions of San Diego's
Administrative Regulation 95-65, concerning product endorsement. Any advertisement
identifying or referring to San Diego as the user of a product or service requires the prior
written approval of San Diego.
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Conflict of Interest
Chula Vista is subject to all federal, state and local conflict of interest laws, regulations
and policies applicable to public contracts and procurement practices including, but not
limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. San
Diego may determine that a conflict of interest code requires Chula Vista to complete one
or more statements of economic interest disclosing relevant fmancial interests. Upon San
Diego's request, Chula Vista shall submit the necessazy documents to San Diego.
Chula Vista shall establish and make known to its employees and agents
appropriate safeguards to prohibit employees from using their positions for a
purpose that is, or that gives the appearance of being, motivated by the desire for
private gain for themselves or others, particularly those with whom they have
family, business or other relationships.
2. In connection with any task, Chula Vista shall not recommend or specify any
product, supplier, or contractor with whom Chula Vista has a direct or indirect
financial or organizational interest or relationship that would violate conflict of
interest laws, regulations, or policies.
3. If Chula Vista violates any conflict of interest laws or any of these provisions in
this Section, the violation shall be grounds for immediate termination of this
Agreement. Further, the violation subjects Chula Vista to liability to San Diego
for attorney fees and all damages sustained as a result of the violation.
Mandatory Assistance
If a third party dispute arises out of or relates in any way to the services provided under
this Agreement, upon San Diego's request, Chula Vista, its agents, officers, and
employees agree to assist in resolving the dispute. Chula Vista's assistance includes, but
is not limited to, providing professional consultations, attending mediations, azbitrations,
or any event related to the dispute resolution.
Compensation for Mandatory Assistance. San Diego will reimburse Chula Vista
for any fees and expenses incurred for required Mandatory Assistance as
Additional Services. San Diego in its sole discretion, shall determine whether
these fees, expenses, and services rendered under this Section, were necessary due
to Chula Vista or its agents', officers', and employees' conduct or failure to act. If
San Diego determines that such fees, expenses, or services were necessary due to
Chula Vista or its agents', officers', and employees' conduct, in part or in whole,
San Diego is entitled to be reimbursed for any payments made for these fees,
expenses, or services. Reimbursement may be through any legal means necessazy,
including San Diego's withholding of payment.
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2. Attorney Fees related to Mandatory Assistance. In providing San Diego with
dispute assistance, Chula Vista or its agents, officers, and employees may incur
expenses and/or costs. Chula Vista agrees that any attorney fees it may incur as a
result of assistance provided under this Section are not reimbursable.
K. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or
application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California.
L. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable, invalid, or illegal.
M. Contract Extensions
This Contract may be extended for three (3) additional one(1)-yeaz periods by written
agreement of the parties and subject to the Chula Vista City Manager's authorization of
the one-yeaz contract extension based on the recommendation of the City's Fire Chief.
No additional Chula Vista City Council authorization is required to enter into any of the
additional one(1)-yeaz extensions if recommended by the Fire Chief. Any agreement
extending this Agreement shall be signed by the Chula Vista City Manager subject to the
review and approval of the San Diego and Chula Vista's City Attorneys.
IN WITNESS WHEREOF, this agreement is executed by the City of San Diego, acting
by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and
San Diego Municipal Code section 22.3222, and by the City of Chula Vista
I HEREBY CERTIFY that I can legally bind the City of Chula Vista, a municipal
corporation, and that I have read all of this Agreement and have executed it on behalf of the City
of Chula Vista, a. municipal corporation, this day of , 2013.
By
Name
Title
Date Signed
City of San Diego, a Municipal Corporation
By
Name
City of San Diego
Fire-Rescue Department
By
Javier Mainar
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Title
Dated Signed
Fire Chief
Date Signed
I HEREBY APPROVE the form and legality of the foregoing Agreement this _ day of
.2013.
JAN GOLDSMITH
City Attorney
By
Noah Brazier
Deputy City Attorney
I HEREBY APPROVE the form and legality of the foregoing Agreement this _ day of
.2013
Glen R. Googins
City Attorney for Chula Vista
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