HomeMy WebLinkAbout04/06/2004, C4 - EMERGENCY SERVICES CONTRACT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY (CAL POLY) council. M" D" 4/6/04
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CITY O F SAN LUIS O B I S P O
FROM: Wolfgang Knabe, Fire Chief V�,
SUBJECT: EMERGENCY SERVICES CONTRACT WITH CALIFORNIA
POLYTECHNIC STATE UNIVERSITY (CAL POLY)
CAO RECOMMENDATION
Approve, and ratify the Mayor's execution of a five-year contract with Cal Poly for emergency
response services to the University, with two single-year extensions (2009, 2010) at the
University's election.
DISCUSSION
Since 1993, the contract for emergency response services between Cal Poly and the City of San
Luis Obispo has been in effect and mutually beneficial. Cal Poly receives the highest level of
fire and emergency response and the City receives compensation that supports the General Fund.
In 1996, the original contract was revised slightly and renewed for another five years. The
contract was then extended until July of 2003. Since July, we have been worldng under the old
contract,with some minor modifications, until a new contract could be negotiated.
The Cal Poly Police Department and the San Luis Obispo City Fire Department have a great
relationship and we will continue to build on this relationship. During the next five years the
departments will train together to enhance our emergency response capabilities.
The main difference in the new contract is as follows:
1. The amount paid by Cal Poly to the City has been increased from $168,000 (last year
base of $136,000 plus $32,000 for additional calls) to $200,000. The old contract
contains a financial penalty for exceeding a specific numbers of calls and this clause has
been eliminated in the new version in exchange for an increase in the contract cost. The
new contract anticipates additional on-campus housing during the contract term. In the
event of a significant negative impact on fire services due to a substantial increase in calls
for service, the contract provides a mechanism for the parties to renegotiate charges for
service.
2. The amount of training from the City of San Luis Obispo to Cal Poly emergency
personnel has been increased.
3. The City will provide Emergency Operations Center and Incident Command System
training.
Note: Under the old contract, the Mayor was authorized to enter into extensions and minor
amendments to the contract. The contract before you was initially deemed a minor amendment
�-1
Council Agenda Report-Emergency Services Contract with Cal Poly Page 2
and presented to the Mayor for signature. Subsequently, it was determined that the contract
should be approved by the City Council, hence the recommendation to ratify the Mayor's
execution of this agreement.
FISCAL IMPACT
The City will receive an additional $32,000 per year plus an increase beginning the second year
not to exceed 3% cost of living adjustment. There will be some impact on current staffing to
conduct the additional training required for Cal Poly, however the Training Officer will handle
most of the training and coordination. The agreement will be retroactive to July, 2003.
ALTERNATIVES
The alternative is to not provide the service. Staff does not recommend this alternative, as the
current contract with Cal Poly has been of mutual benefit to both organizations and also provides
the City with additional revenue for the General Fund.
ATTACHMENT
Formal contract with Cal Poly
G:/Council Agenda Reports/CAR-2004 Cal Poly Contract
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AGREEMENT TAXPAYER FWz[(AI.PMLOYFR a)PN7g7CJ TBF1 NUMM
THIS AGREEMENT is made and entered into this 1 st day of July,2003,in the State of California,by and between
the Trustees of the California State University,which is the State of California acting in a higher education capacity,
through its duly appointed and acting office,hereinafter called the University,and
City of San Luis Obispo, Fire Department;hereinafter called the contractor.
Contactor Name
WITNESSETH: That the contractor for and in consideration of the covenants,conditions,agreements and
stipulations of the University hereinafter expressed,does hereby agree to furnish to the University services and
materials as follows:
Contractor agrees to provide FIRE RELATED EMERGENCY sERvicES to Cal Poly State University, San
Luis Obispo, Ca., as required per the provisions of this contract, and the following exhibits,
which by this reference are made a part of this agreement and listed in order of precedence:
1) Exhibit "A" - General Provisions for Services
2) Exhibit "B^ - Agreement for Fire Related Emergency Services
Term of this agreement is from July 1, 2003 through July 1, 2008.
Total amount payable on this agreement (excluding options) shall not exceed One Million dollars
($1,Ov0,000.00) for the entire term of this agreement (base amount excluding inflation factor) .
Two Hundred Thousand dollars ($200,000..00) per .fiscal year.
The parties will meet and confer if future construction has a significant negative impact on fire
services for the citizens of the City of San Luis Obispo. The parties will also meet and confer
concerning significant negative impacts on services arising from the Student Housing North EIR
and any future EIRs that relate to public safety.
Payment shall be made in advance on a quarterly basis upon receipt of an invoice, which is to be
properly approved by the Designated signature authority of the Police Department of Cal Poly
State University. .
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITYkrED
CONTRACTOR
��TTy
uis Obispo,Fire.Depaztment
Cal Poly State University,San Luis Obispo,CA 93407
BY ORIZED SI A ) ED,SI NA
X
P AME OF PER GNING E AND E OF PERSON SIGNING
Matthew J.Roberts o,City of San Luis Ob_i_s o,Ca.
�E Director,Contract&Procurement Services San Luis Obispo,Ca. 93403-8112
,MOUNT FNCUMBEM BY TM DOCUMENT PkoCRkfXATEGORY(CODE AND TrrLE) FUND
$1,000,000.00 t for 5 s
MORAMOUPRPNCUMB8RFDFDRTM OPrIONALUSE)
CONTACT
S
TCIIAL AMOUNT ENCUMBERED TO DATE GRAPIER STATUTE nSCAL YEAR
01/02
BJBCr OFEQTNDrrURE(CODE AND TITLE)
I hemoff tlfy upon nW OM personal ldiawledge that budgeted funds are available for .B.A.Na. B.R.NO.
the MW of the expen&ture Stated abom.
SIGNATURE OF ACCOUNTING OFFICER DATE
X �y 3
.._._-
GENERAL PROVISIONS FOR SERVICES
L Commencement of Work Work shall not commence under the Contract until a 13. Non-performance by Contractor.The CSU may terminate the Contract and be
fully executed agreement has been received by the City of San Luis Obispo, relieved of the payment of any rnnsaderadon to Contractor should Contractor
("Contractor')and the Contractor has been given approval to proceed. Any fail to perform the covenants herein contained at the time and in the Counter
work performed by the Contactor prior to the date of approval shall be herein provided. In the event of such termination the CSU may proceed with
considered as having been performed at the Contractor's ownrisk and as a the work in any manner deemed proper by the CSU. The cost to the CSU shall
volunteer. be deducted from any sum due the Contractor under the Contact,and the
balance,if any,shall be paid the Contractor upon demand.
2. Not applicab.e
14. personnel, The Contactor stall make every effort consistent with sound
business practices to honor the specific request of the CSU with regard to
assignment of its employees;however,the Contractor reserves the sole right to
determine the assignment of its employees.If a Contractor employee is unable to
perform due to illness, resignation or other factors beyond the Contractor's
3. Aooropriation of Funds: control,the Contactor shall make every reasonable effort to provide suitable
substitute personnel.
(a) If the term of the Contract extends into fiscal years subsequent to
that in which it is approved such continuation of the Contract is
subject to the appropriation of funds,for such purpose by the 15. Unfair Practices Act Bidden shall comply and bids shall be in accordance with
Legislature. If funds to effect such continued payment are not the Unfair Practices Act(Business and Professions Code Section 170M et req.).
appropriated. Contactor agrees to take back any commodities
furnished under the Contact terminate any services supplied to 16. Nondiscrimination
the University under the Contract and relieve the University of
any further obligation therefor. (a) Dosing the performance of this Contact Contractor and its
subcontractors shall not deny the Contract's benefits to any person
(b) University agrees that If provision (a) above is involved, on the basis of religion color,ethnic group idendHation,sex,age,
commodities shall be returned to the Contactor N substantially the physical m mental disability, OCT shall they discriminate
same condition in which they were delivered,subject to normal unlawfully against any employee or apptlant for employment
went and tear. University further agrees to pay for packing, because of race,religion color,national origin,ancestry,physical
sating, transportation to Contractor's nearest facility and for handicap,mental disability,medial condition masted status,age
reimbursement to Contactor for expenses incurred for its (over 40)or sex. Contractor stall insure that the evaluation and
assistance in such packing and sating. treatment of employees and applicant for employment are tree of
such discrimination
4. Not appliabx
(b) Contactor shall comply with the provisions of the Fat
S. In ftmdent Status: The Contactor, and the agents and employees of Employment and Housing Act(Government Code Section 129011 at
Contractor, in the peroroumre of this Contract shall act in an independent seq.),the regulations promulgated tleremda(California Code of
apacity and not as officers or employees or agents of the Sete of California. Regulations,Title 2,Setons 7285.0 et se4 and the provisions of
While Contactor may(or may not)be required under the terms of this Contac Article 9.5,Chapter 1,Part 1,Division 3,Title 2 of the Government
to carry Worker's Compensation Insurance, Contractor is Bot entitled to Code(Government Code Sections 11135-11139.5).
unemployment or workers'compensation benefits from the CSU.
(c) Contractor shall permit accent by representatives of the
6. Conflict of interest Department of Fat Employment and Housing and tee Trustees
upon reasonable notice at arty time during the normal business
(a) Should the Contractor provide services for preparation or hours,but in no ase lest tar 24 hoots WdM to such of its books,
development of recommendations for the actions which are records,accounts,other sourer®of information and its facilities as
required,suggested or otherwise deemed appropriate,and which said Department or Trustees shall require to ascertain compliance
include the provision, acquisition or delivery of products or with this clause.
service ten the Contractor must providefull disclosure of any
financial intent including but not limited to service.Agreements, (d) Contactor and its subcontractors shall give written notice of their
OEM,and/"remarketing Agreement that may foreseeable allow obligations under this clause to labor Organizations with which
the Contactor to materially benefit from the adoption of such they have a collective bargaining or other agreement
recommendations.
(e) Contractor shall include the nondtscrimtrmation and compliance
(b) The CSU requires a Statement of Economic Interests(Form 700)to provision;of this clause in all subcontracts to penfmm work miler
be filed by any Consulted(or Contractor)who is involved in the the agnement
making,tar participation in the making,of decisions which may .
foreseeably have a material effect on any CSU financial interest 17. Drue-Free Workplace Certifica By accepting a contract or purchase oris:
(reference C.0 620191. the Contactor certifies under penalty of perjury under the laws of the State of
California that the Contractor will comply with the requirements of the Drug_
The CSU reserves the right to prohibit participation by to Contactor in bidding Free Workplace Act of 1990(Government Code,Section 8355 eL seq.)and will
to or providing service,goods or supplies or any other related action which is provide a dmg-tce workplace by doing at of that which Section 8355 et seq.
required,suggested or otherwise deemed appropriate in the end product of this esquire.
Agreement' P hereto that f any
16. it e ez re==ly agreed and understood by the parte he
7. C+wernine Law. All contracts and purchase orders shall be construed in provision of this Agreement is held to be ummssdonable or invalid under any
accordance with,and their performance governed by,the laws of the Sete of applicable statue or rule of law,it is deemed to that extent to be omitted.
Catfomia Further,Contractor shat comply with any Sete or federal law However,the balamp of the Agreement shall retaainin full force and effect
applicable to Contractor's performance under this Contract.
19. Dispute:Any dispute arising under the terms of this Agteenhamt which is not
B. Assignments Without written consent of the CSU,the Contact is not assignable resolved within a reasonable period of time by authorized representatives of the
by Contactor either in whom or in part Contra,,and The CSU shall be brought to the atenton of the Chief Execrstve
Officer(or designated representative)of the Contras and the Lief Business
9. Time Time Is of the essence of the Contact Officer(or designee)of The CSU for joint resolutiam At the request of either
party,The CSU shall provide a forum for discussion of the disputed item(s),at
10. Contract Alterations&otevtatiorc No alteration or variation of the terns of the which time the Vice Chancellor, Business and Finance (or designated
Contract shall be valid unless made in writing and signed by to parties hereto, representative) of The CSU shall be available to assist in the resolution by
and no oral understanding or agreement not incorporated here in shall be providing advice to both partles regarding The CSU contacting polities and
binding on any of the parties hereto. protxdons. if resolution of the dispute through these means is pursued without
surest,either party may seek resolution employing whateverremedies exist in
11. Not applicable law or equity beyond this agreement
12. Use of Dae:The Contractor shall not utilize any information,not a mater of Despite an unresolved dispute,the Contactor shall continue without delay to
public record,which is received by reason of lids agreement"for pecuniary gain perform its responsibilities under lids Agreeme t The Contractor shall keep
not contemplated by the lima of this agreement regardless of whether the accuse records of its services in"der to adequately docrmment the extent Of its
Contractor Is or is not order contract at to tome such gain Is realized.The services under this Agreement
report survey,or other product developed by the Con ta,r pursuant to this
agreement is the propaly of the 6U,and shall not be used in arty manner by 20. rdentatity d Data At 8aaurel sum m=4 pers®t—halal and other dm and
tie Contractor unles authorized by the CS¢ '1 relating to The t,SU's Operations whldh are'dealgoated=fideatld
by The tSIJ and made available to The Contactor"which become ava fable to
the Contactor in order to carry out this Agreement 60 be Protected by the
CRLd5P.1///29'/9/9
Contractor.from unauthorized use and disclosure by the observance of the same award wi0 be made to a person who is identified either by the published notices
or more effective procedural requirements as are applicable to The CSU. The or by Board notification as a person in violation of State or federal air or water
identification of all such confidential data and Information as well as The CSU's pollution control lam.
procedural requirements for protection of such data and information from
unauthorized use and disclosure shall be provided in writing to the Contractor 26. Compliance with NLRB Orders:Insubmitting a bid or signing a contract the
by the CSU. The Contracor shall not,however,be required,by this paragraph. Contractor swear under penalty of perjury that an more than one final,
to kap confidential any dao or information which is or becomes publicly unappealable finding of contempt of court by a federal court las been issued
avallabic is already rightfully in the Contractor's possession.is Independently against the Contractor within the immediately preceding two-year period.
developed by the Contractor Outside the scope of this Agreement,oris rightfully because of the Contractor's failure to comply with an order of a federal court
obtained from tdrd partieswhich orders the Contractor to comply with anorder of the National Labor
Relations Board: This provision is required by, and shall be construed in
21. Rights and Remedies: The rights and remedies of the(SU provided herein shall accordance with,Public Contrail Code Section 10296.
not lie exclusive and are in addition to arty other rights and remediesprovided
by caw, 27. Examination and Audit For contracts in excess of MAIL,the Contractor stall
be subject to the examination and audit of(a) the Office of the University
22. Endorsement Nothing contained in this Agreement shall be construed as Auditor,and(b)the State Auditor,for a period of three(3)years after final
conferring on any party hereto,any right to use the other parties name as an payment under the contrail in accordance with Government Code Section 0546.7
endorsement of product/service or to advertise,promote or otherwise market and with Education Code Section 89045(c&d),respectively. The examination
MY product or service withomt the prior written consent of the other parties. and audit shall be confined to those matter connected with the performance of
Furthermore nothing in hofs Agreement shall be construed as endorsement of the contract, including, but not limited to, the Coss of administering the
any commercial product ar service by the University,its officers or employees. Conbact
23. Patent Copyright and Trade Secret Indemnity:A contractor may be required to 28. Nat applicable.
furnish a bond to the University against any andall lou, damage comb,
expenses, claims and Liability for patent copyright and trade secret 29. CHIzep hip and Public Benefits•y,If Contractor is a Manual person,Contractor
infringement In addition certifies in accepting this Contract that s/he is a dd=mr national of the United
States or otherwise qualified to receive public benefits under the Personal
(a) The Contractor, at its own expense, shall defend any action Responsibility and Work Opportunity Reconciliation Act of 1996(P.L 104-193:
brought against the University to the extent that such action is 110 STAT210.5,226MT.
based upon a claim that the product supplied by the Contractor or
the operation of such product Infringes a United States patent or 30 Americans With Disabilities Act(ADA)m Contractor assures the University that
copyright or violates a trade secret The Contractor shag pay those it complies with the Americans with Disab0ities Act(ADA)of 1990,which
tomb and damages finally awarded against the University In any prohibits discrimination on the basis of disability,as well as all applicable
such action.Such defense and payment shall be conditioned on the regulations and guidelines issued pursuant to the ADA.(42 U.S.C.12101 at seq.)
following..
31 Child Sunnort Compliance Act For arty contrail to exams of$100,000,the
(1) That the Contractor shall be notified within a contractor acknowledges in accordance with PUBLIC CONTRACT CODE
reasonable time in writing by the Univeafty of any Section 7110,that
entice of such chlor;and, (a) The contractor recognizes the importance of child and
(2) That the Contractor shall lave the sole control of the family support obligations and shall fully comply with all
defense of any action an such claim and all applicable state and federal laws muting to child and famRy
negotiations for its settlement Or compromise, support enforcement including,but not limited to,disclosure of
provided, however, that when principles of information and compliance with earnings assignment orders,.0
government or public law are involved, the provided in Chapter B(commencing with Section 5200)of Part 5 Of
University have the option to participate in such Division 9 of the Family Code:and
action at its own expense. (b) The contractor, to the best of its knowledge Is [oily
complying with the earnings assignment orders of all employees
(b) Should the product or the operation thereof,become,or in the and is providing the names of all new employees to.the New Hire
Contractar's opinion is likely to become,the subject of a claim of Registry maintained by the California Employment Development
infringement of a United Sates patent or copyright or a trade Department
secret to University shaft permit the Contractor at Its option and
expense either to procure for the University the right to continue
using the product or to replace or modify the same so that they
become nominfrmging..If none of these options an reasonably be
taken, or if the use of such product by the University shall be
prevented by injunction,the Connector agrees to take back such
product and make every reasonable effort to assist the University
in procuring a substitute product.Il,in thesole opinion of the
University, the return of such Infringing product makes the
retention of other products acquired from tie Contractor under this
contrad impractical,the University shall thea have the option of
teruWating the coati-act,or applicable portion,thereof,without
penalty or termination charge.The Contractor agrees to take back
such product and refundany sums the University has paid
Contractor lessany reasonable amount for use or damage.
(c) The Contractor shall have no liability to the University under any
provision of this paragraph with respect to any claim of patent,
copyright Or trade secret infringement which is based upon the
combination crutElation of the product furnished hereunder with
commodities err devices not made nor furnished by the Contractor.
24. Noncollusion Affidavit By signing the bid Bidder hereby certifies that the bid is
not made in the interest of,or an behalf of,any undisclosed party:that the bid is
genuine and not collusive false,or sham:that the Bidder'h as not directly or
Indirectly induced or solicited any other Bidder to put in a false or sham bid,
and has not directly or indirectly agreed with any Bidder oranyone else to put
in a false or sham bid,or to refrain tram bidding:that the Bidder has not in any
manner,directly or indirectly,sought to fix any overhead,profit or cost element
of the bid,of that of any otter Bidder,or to secede any advantage against the
public body awarding the contract or anyone interested in the proposed contract
25. Violation of Air or Water Pollution Laws: Unless the Contrail is leas than
$10,000.00 or with a.sole-source pevvideq Government Code Section 4477
prohibits the State from contracting with a person,including a corporation or
other business assodation,who has been determined to be in violation of any
State or federal air or water pollution control law.If such determination Is final,
Government Code Section 4481 requites the Sate Water Resource Control Board .
aMd the Air Rnourm Board to notify State agencies of such persons.
Prior to an award the University shall determine whether the intended swardee
is a peracn induded In notices from the Boards byesenoe to node.No
Rev.1/29/99
cyS
AGREEMENT FOR FIRE RELATED EMERGENCY SERVICES .
BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY
AND THE CITY OF SAN LUIS OBISPO
THIS AGREEMENT is entered into this I" day of July, 2003, by and between California
Polytechnic State University, San Luis Obispo, California(hereafter referred to as "University")
and the City of San Luis Obispo (hereafter referred to as "City").
WITNESSETH:
WHEREAS, the University is desirous of contracting with the City to provide personnel,
equipment,materials, and supervision required to respond to structure and incident fires, rescue
emergencies,disaster response,medical response, and other agreed upon incidents on the main
campus of the University; and
WHEREAS, the San Luis Obispo City Council has authorized staff to negotiate the terms
of an agreement to provide such services to the University.
WHEREAS, the interests of the City and the University would be served by entering into
this Agreement.
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
1. Services Components.
The City agrees to provide personnel, equipment, materials, and supervision required to
respond to structure and incident fires, rescue emergencies, disaster response, and other agreed
upon incidents in the Service Area. The specific services shall be more thoroughly outlined as
follows:
Attachment A - Services Performed
Attachment B - Scope of Service
Attachment C - Service Area
All services shall be provided in compliance with applicable federal and state laws and
regulations, or in the absence of such laws or regulations, in compliance with recognized
performance standards for similar services. The City shall respond,within its capacity, to provide
services upon being notified by the University. Nothing in this Agreement shall be construed to
waive, limit, or impair any defenses or immunities available to the parties by statute, at law or in
equity,or otherwise in the performance of fire protection and emergency services activities.
2/17/04 1
C4��
2. Difference in Conditions .
The University and City recognize differences in design,building and fire code application
in the cityand on the campus. California State Fire Marshall has jurisdiction over State property
and is responsible.for the compliance of facilities and operations with applicable fire and safety
codes as well fire safety design of facilities and supporting infrastructure. The City of San Luis
Obispo fire and emergency response resources have been designed to operate within the city.
Operations on the campus may be at a disadvantage when conditions such as but not limited to
accessibility, fire flows, hydrant locations, fixed fire protection systems, and alarms systems are
different than conditions within the City of San Luis Obispo.
3. Administration.
a. Contact Personnel. The City designates the Fire Chief or his/her designee as a
single point of contact for coordination of service to the University. The University designates the
University Police Chief or his/her designee as a single point of contact for the coordination of
services from the City.
b. Unified Command. In general, emergency operations on the University campus
shall be conducted through unified command between the City and the University.
C. Cooperation. To facilitate the performance of the services components (1(a)
through 1(g)above), it is hereby agreed that the City and University shall fully cooperate with each
other, including but not limited to the following:
(1) The University will cooperate with the City in assisting with the training of
City personnel for familiarization of, and access.to, all facilities of the University..
(2) 'University employees, equipment, and supplies (such as trade persons,
police,hazardous materials technicians; heavy equipment, etc.) shall be available
for assistance(within University's capacity and to the extent available to provide
these services) to the City in mitigating emergencies.
(3) City personnel shall, upon identification of a life safety and/or fire hazard
within the service area, notify the designated University contact and/or University
Police Watch Commander. The City's Battalion Chief shall maintain close contact
with the University when the City is operating(emergency or non-emergency) on
campus.
(4) The University will make every effort to notify City Dispatch(781-7312)of
changes in the following areas: access points,road conditions and closures (major
thoroughfares only),new buildings or changes in building use, major events and
significant changes in hazardous materials storage or use as soon as possible and
will confirm in writing.
2/17/04 2
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(5) The City will continue to advise and assist the University with issues, such
as fire prevention, water system, and hydrant maintenance. The City,when
requested by the University,will act as a Technical Specialist on hazardous
materials and fire prevention concerns.
d. Personnel Status. While involved in the execution of this Agreement,regularly
employed personnel of the City and the University shall remain employees of their respective
agencies,and shall remain subject to the rules and regulations of their own agency in all matters of
employment, including but not limited to benefits, medical and life insurance, and worker's
compensation insurance.
4. Compensation.
Total amount payable under this agreement will be two hundred thousand dollars
($200,000.00)per year;payable by quarter in advance.
During the second year(commencing July.1,2005)through fifth year of the Term, and any
successive years, payment is due based on the following formula:
The base for computing the adjustment is the Consumer Price Index,All Urban Consumers
(CPI-U) U. S. City average as published by the U.S. Department of Labor, Bureau of Labor
Statistics (index)which is published for the most recent March prior to July of each contract year,
which shall be referred to as the beginning index,with a max. cap of 3%per year.
5. Term.
It is the desire of the University to form a long-term relationship with the City for fire
related emergencies. The term for this agreement shall be five years,commencing July 1, 2003,
with option of additional five-year renewal at University's election with additional options of two
single year renewals at University election. Prior to the expiration of this Agreement, the parties
agree to meet and discuss renewal of this Agreement,if not sooner terminated as provided herein.
6. Reports
The City will provide a quarterly report identifying all services provided for that particular
quarter. The City will provide Cal Poly with a Run Report,when requested, and within legal
constraints regarding privacy issues (such as may pertain to medical information).
7. Termination.
Either party, upon the giving of six (6)months advance written notice,may terminate this
agreement.
2/17/04 3
8. Indemnification.
City shall defend,indemnify,hold harmless and protect the State of California,the Trustees
of the California State University, California Polytechnic State University, San Luis Obispo, and
each of their officers, officials, employees, authorized representatives, agents, and volunteers(the
"University")from and against any and all cost,damage,expense,liability,loss(including without
limitation to costs and fees of litigation)of every nature arising out of or in connection with City's
(including any subcontractor,anyone directly or indirectly employed by anyone for whose acts any
of them may be liable)performance of work hereunder or failure to comply with any of its
obligations contained in the agreement, except such loss or damage which was caused by the sole
negligence or willful misconduct of the University.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights
in third parties not parties to this contract or affect the legal liability of either party by imposing any
standard of care respecting emergency services different from the standard of care imposed by law.
It is understood and agreed that neither City,nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted to be done
by the University under or in connection with any work, authority or jurisdiction delegated to the
University under this Agreement. It is also understood and agreed that University shall defend,
indemnify and save harmless the City, all officers and employees 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
or damage to property resulting from anything done or omitted to be done by the University under
or in connection with any work, authority or jurisdiction delegated to the University under this
Agreement except as otherwise provided by statute.
University shall defend, indemnify, hold harmless and protect the City, and its officers,
employees, representatives, agents and volunteers from and against any and all cost, damage,
expense,liability, loss (including without limitation to costs and fees of litigation)of every nature
arising out of or in connection with City's performance of work hereunder or failure to comply with
any of its obligations contained in the agreement,except such loss or damage which was caused by
the sole negligence or willful misconduct of the City.
9. Insurance
City shall provide financing for losses related to the performance of this contract to support
the City's obligation to defend, indemnify,and protect the University from losses including claims
for bodily injuries,personal injury, property damage and/or contractual liability which may arise
from or in connection with the products,performance of the work, and/or completed operations of
the work hereunder by or for the City.
City's financing for losses related to the performance of this contract shall be primary to
any financing of losses related to the City's performance of this contract by the State of California,
the Trustees of the California State University, California Polytechnic State University San Luis
Obispo, and each of their officers, officials, employees, authorized representatives, agents, and
2/17/04 4
volunteers, the "University".
City agrees to look solely to its loss financing for recovery in the event of any losses for
which the City is held liable.
City agrees that any loss financing maintained by the University shall be excess and shall
not contribute to City's loss financing.
City shall at its expense purchase and maintain in full force and effect insurance coverage
as required by this section.
City's obligations to obtain and maintain all required insurance are non-delegable duties
under this contract.
City provided insurance shall be primary to any insurance of the State of California, the
Trustees of the California State University, California Polytechnic State University San Luis
Obispo, and each of their officers, officials, employees, authorized representatives, agents, and
volunteers, the "University".
If excess, the insurance shall stand in an unbroken chain of coverage excess of the City's
scheduled underlying primary coverage.
In either event, any other insurance maintained by the University shall be excess of the
City's insurance and shall not be called upon to contribute with it.
Insurance is to be placed with insurer(s) authorized to issue such insurance in the State of
California with current A.M. Best's rating of no less than ANN.
City shall submit to the University, certificates of insurance, original amendatory
endorsements and other documentation as required by this contract.
The University shall not by reason of inclusion as additional insured incur liability to the
insurance carriers for payment of premiums for such insurance.
Required insurance and/or its successor policy must be in effect for the duration of the
project or lease and for extended reporting period(s) as required by this contract.
Insurance policy renewal documentation(endorsement and policy)shall be received by the
University a minimum of ten(10)working days in advance of the expiration date shown on the
current policy.
Failure of the City to maintain or renew coverage or to provide evidence of renewal or
successor policy may be treated by the University as a material breach of contract.
If the University is damaged by the failure of the City to provide or maintain the required
2/17/04 5
insurance,the City shall pay the University for all such damages.
The University reserves the right to review and approve of insurance provided by the City.
Approval of City provided insurance shall not limit the extent to which the City may be
held responsible for payment for losses including claims for bodily injury,personal injury,
property damage and/or contractual liability which may arise from or in connection with the
products,performance of the work, and/or completed operations of the work hereunder by or for
the City.
The University reserves the right to approve of any deductible/self insured retention(SIR).
Any deductible or self insured retention(SIR)under any policy of insurance required shall
be City's liability.
At the discretion of the University,City shall submit proof of ability to fund deductible/SIR
and/or City shall reduce or eliminate such deductibles or self insured retentions that may apply to
the University.
City hereby grants to University,on behalf of any Insurer providing coverage to City,
subcontractor and/or University with respect to the work hereunder, a waiver of any right to
subrogation which any such Insurer of said City and/or subcontractor may acquire against the
University by virtue of the payment of any loss under such coverage.
City shall ensure that its subcontractors are covered by insurance in the amount and type
required by this article.
City shall include all subcontractors as insureds under its policies or shall require separate
certificates and endorsements for each subcontractor.
Acceptance and review of subcontractor insurance documents is the responsibility of the
City.
City shall supply the University with a list of all subcontractors showing whether they have
individual insurance polices or are covered by the City's insurance.
City shall certify that subcontractors are either covered by City's insurance or that
Subcontractor's individual insurance meets the requirements of this article.
Any deficiencies in compliance with the requirements of this article found in any
subcontractor insurance shall be covered by the City's financing for losses.
Contract shall not be executed and no work shall commence until City has obtained all
insurance required and provided the required documentation that the insurance is in effect and the
University has approved such insurance..
2/17/04 6
• 1
No subcontractors shall commence work on its subcontract until the insurance required of
the Subcontractor has been obtained and proof of insurance is accepted by the University.
The University reserves the right to require complete, certified copies of all insurance
policies, including endorsements effecting the coverage specified.
The University reserves the right to modify these specifications for the benefit of the
University.
In the event the City does not comply with these insurance requirements,the University
may, at its option,provide insurance coverage to protect the University. The cost of the insurance
shall be paid by the City and, if prompt payment is not received,may be deducted from contract
sums otherwise due the City.
Required coverage shall not extend to any indemnity coverage for the active negligence of
the University in any case where an agreement to indemnify the University insured would be solely
invalid under Subdivision(b) of Section 2782 of the Civil Code for construction contracts.
(construction contracts with public agencies)
Forms
University provided forms are preferred. Alternate documents submitted must comply
with all requirements,providing equivalent or better coverage as specified in this article.
All insurance certificates, endorsements,policies and claim fomes required shall be
submitted to:
California Polytechnic State University
San Luis Obispo, CA 93407
Attn: Contract and Procurement Services
Certificates
City shall furnish University with original certificates evidencing required coverage.
Certificates shall include the following:
Name and Address of Agent/Broker
Named and Address of Insured
Name of insurance company issuing each policy
A.M. Best's Rating and Financial Size for each company
Type of Insurance
Comprehensive or Commercial General Liability
Claims Made or Occurrence
2/17/04 7
Business Automobile Liability
Categories of autos covered and any additional coverage
Workers Compensation&Employer Liability
Partners,proprietor, executive ex/included
Excess or Umbrella Liability
Policy Number
Policy Period (start and end date)
Limits(Occurrence, Claim, Accident,Event, Injury, Disease, Aggregate)
Deductibles/Self Insured Retention
Description and Location of Operations and/or Property Covered
Agreement or Contract Number
Identification of interest(s) in property
Certificates shall state:
"The State of California, the Trustees of the California State University, California
Polytechnic State University San Luis Obispo, and each of their officers, officials, employees,
authorized representatives, agents, and volunteers, the"University"are designated as Additional
Insured.
The Insurers named above agree that the insurance described above shall be primary as
respects the University, or if excess shall stand in an unbroken chain of coverage excess of the
City's underlying primary coverage. In either event, any other insurance maintained by the
University shall be excess of this insurance and shall not be called upon to contribute with it.
The Insurers named above waive any right of recovery the Insurers may have against the
University when the insured has agreed to such waiver in writing prior to loss.
"Coverage described herein shall not be modified, changed or cancelled withoutthirty(30) .
days advance written notice or cancelled for non payment without ten(10) days' advance written
notice to the University."
Certificate Holder:
California Polytechnic State University
San Luis Obispo, CA 93407
Attn: Contract and Procurement Services"
Certificates shall be signed by an authorized representative of the insurer and indicate date
of issue.
Endorsements
City shall furnish original amendatory endorsements as required by the insurance
specifications in this article. In general, all endorsements shall include the following:
Name of Insurer
2/17104 8
Policy Number
Endorsement Number
Type of Insurance Modified
Schedule(additional insured):
"The State of California, the Trustees of the California State University, California
Polytechnic State University San Luis Obispo, and each of their officers, officials, employees,
authorized representatives,agents, and volunteers, the"University" are designated as Additional
Insured.
The endorsement shall state:
This insurance shall be primary as respects the University,or if excess shall stand in
an unbroken chain of coverage excess of the Named Insureds scheduled underlying
primary coverage. In either event,any other insurance maintained by the University
shall be excess of this insurance and shall not be called upon to contribute with it.
The insurance afforded by this policy shall not be cancelled, changed, or modified except
after thirty(30) days advance written notice has been given to the University. (10 days' advance
written notice for non-payment.)
The Insurer named above waives any right of recovery the Insurer may have against the
University when the Insured has agreed to such waiver in writing prior to.loss.
Signature of authorized representative
Address
Form Number, if any
Coverage Required
Commercial General Liability Coverage
The City shall provide the following coverage.-
Primary
overage.Primary insurance coverage against claims for injuries to persons or damages to property
which may arise from or in connection with the products and materials supplied to the University.
Minimum limits - $5 million occurrence, $10 million aggregate
Coverage provided shall be at least as broad as:ISO Commercial General Liability,
Occurrence Form, CG 00 01.
Endorsement shall provide coverage at least as broad as ISO CG 20 10 1185.
Endorsement shall designate:
2/17/04 9
The State of California,Trustees of the California State University, California Polytechnic
State University San Luis Obispo, and each of their officers, officials, employees,
authorized representatives, agents and volunteers,the "University".
As Additional Insured.
Endorsement shall state this insurance shall be primary as respects the University, or if
excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the University
scheduled above shall be in excess of this insurance and shall not be called upon to contribute with
it.
Endorsement shall state that Insurer named above waives any right of recovery the hisurer
may have against the University when the Insured has agreed to such waiver in writing prior to
loss.
Endorsement shall state that coverage shall not be cancelled, changed, or modified except
after thirty(30)days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
Endorsement shall state that coverage shall not extend to any indemnity coverage for the
active negligence of the University in any case where an agreement to indemnify the University
would be invalid under Subdivision(b)of Section 2782 of the Civil Code (construction contracts
with public agencies).
Sunolier.Endorsement: Coverage at least as broad as ISO Additional Insured—Designated
Person or Organization CG 20 26 1185
City to submit:University provided certificate and endorsements, or equiva lent forms acceptable
to the University effecting required coverage.
Business Auto (Liability) Coverage
The City shall provide the following coverage:
Primary insurance coverage against claims with respect to liability arising out of
automobiles owned,hired or non-owned by or on behalf of the City.
Coverage shall include bodily injury,property damage, contractual liability, and
uninsured/underinsured motorist.
Minimum$ 5 million combined single limit
At least as broad as ISO Business Auto Coverage Form CA 00 01 (owned, scheduled,
2/17/04 10
c�ice;
non-owned, and hired autos) including coverage for uninsured and underinsured motorists and
contractual liability.
Endorsement shall designate:
The State of California, Trustees of the California State University, California Polytechnic
State University San Luis Obispo, and each of their officers, officials, employees,
authorized representatives, agents and volunteers,the "University,
As Additional Insured
Endorsement shall state that this insurance shall be primary as respects the University, or if
excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the University
scheduled above shall be in excess of this insurance and shall not be called upon to contribute with
it.
Endorsement shall state that Insurer named above waives any right of recovery the Insurer
may have against the University when the Insured has agreed to such waiver in writing prior to
loss.
Endorsement shall state that coverage shall not be cancelled, changed, or modified except
after thirty(30)days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
City to submit: University provided certificate and endorsement or equivalent forms
acceptable to the University effecting required coverage.
Workers Compensation and
Employer's Liability Coverage
The City shall provide the following coverage:
Primary insurance coverage against claims with respect to obligations imposed on the City and
subcontractor's by State workers compensation statutes and damages that the City becomes legally
obligated to pay because of bodily injury by accident or disease to an employee.
Minimum limits: amount proscribed by California law for Workers Compensation,
$1,000,000 for Employer's Liability.
Endorsement shall state that Insurer named above waives any right of recovery the
Insurer may have against the University when the Insured has agreed to such waiver in writing
prior to loss.
Endorsement shall state that coverage shall not be cancelled,changed, or modified except
2117/04 11
0-H(P
• j
after thirty(30) days' advance written notice has been given to the University. (10 days advance
written notice for non-payment)
City to submit: University provided certificate and endorsement or equivalent forms
acceptable to the University effecting required coverage.
10. Priorities
The University recognizes there will be priorities that will dictate the City's capabilities.
Subsequent to prioritizing emergencies based on life safety, the City will deliver available
resources to assist the University in its mitigation efforts. if additional emergency response
resources are needed, they will be accessed through the Mutual Aid system already in place.
11. Notices.
Any notice required to be given pursuant to the terms and provisions hereof shall be in
writing and shall be sent by certified or registered mail to the
University at: City at:
Anthony Aeilts Wolfgang Knabe
Chief, University Police Fire Chief
California Polytechnic State University San Luis Obispo City Fire Department
San Luis Obispo, CA 93407 2160 Santa Barbara Ave..
San Luis Obispo, CA 93401-5240
12. Agreement Contains all Understandings.
This document represents the entire and integrated Agreement between the City and the
University, and supersedes all prior negotiations, representations, or Agreements, either written or
oral. The Agreement may be amended only by written instrument, signed by both City and
University. All provisions of this Agreement are expressly made conditions. This Agreement
shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and University have executed this Agreement the day
and year first above written.
CALIFORNIA POLYTECHNIC
STATE UNIVERSITY
4y:
Q 0# Zo 03?tea 1�- j ew J. Reaj
tor of Contracts and Procurement Services
2/17/04 12
1
CITY OF SAN LUIS OBISPO
By:
David Romero, Mayor
ATTEST:
Lee Price,tity Clerk
APPROVED AS TO FORM:
Jo well
City Attorney
7117/04 13
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ATTACHMENT A
1. Fire Suppression
City shall provide personnel, equipment, materials, and supervision for suppression of
structure and incident fires on the main campus of the University, as available..
Fire suppression shall include those universally accepted activities, which bring an
unfriendly fire under control and render the property safe from further damage.
Fires to be suppressed shall include(but are not limited to): structure,.rubbish, trash
container, automobile, vegetation adjacent to structure and other such fires which are evaluated
from the initial report to be of significance or beyond the capabilities of the University's response.
2. Extrication/Rescue Emergencies
City shall provide personnel, materials, equipment and supervision for emergency
extrication of students, faculty, staff, guests, and visitors on the main campus of the University, as
available.
Rescue includes: extrication of trapped persons from vehicles,machinery, cave-ins,
collapse of structures,fire,and other significant situations,which may require assistance. The City
will provide emergency medical treatment for rescue situations, as it is available.
The City's response to elevator problems will be limited to situations where the University
.has determined that an emergency exists.
3. Fire Alarms
The University shall maintain all campus alarm systems. University personnel will
evaluate a reporting alarm prior to notifying City dispatch. The City shall respond one engine
"Code 3"to water flow alarms in buildings with sprinkler systems. The University will screen all
other alarms and will notify the City when confirmation is made that a fire or other emergency is in
progress.
4. Pre-Hospital Emergency Care
University has established an Emergency Medical dispatch(EMD)program that will
determine the priority of a medical emergency and provide pre-arrival instructions to the caller.
The City agrees to provide emergency medical support to the university for priority one type calls
as outlined in the EMD Program.
5. Hazardous Materials
2117/04 1
City shall provide trained personnel as indicated by the Code of Federal Regulations 29
"First-Responder Capabilities" to the University, as available. It is the intent that the City will
share in a joint command of any hazardous materials incidents based on the availability of
responding University personnel.
Response to the threat of or release of hazardous materials shall include: evacuation of
affected area,identification of substances, containment of substances, protective actions for
people, environment and property.
The University will provide technical support of qualified staff(within the University's
capacity and to the extent available)to assist the City with Hazardous Materials response. The City
will provide supplies and materials normally associated with first response. The University will
arrange for hazardous materials response beyond the capability of the City including the removal
and disposal of the hazardous material(s).
The City shall act,when required,as the University's representative on the San Luis Obispo
County Regional Hazardous Materials Response Team. The University will continue to
participate on the team during the term of the agreement. The City and the University will operate
a unified command on any hazardous materials emergency that should occur on the campus.
6. Disaster Preparedness
The University has developed and maintains at a high state of readiness, a multi-hazard
disaster response plan. Included in this plan is the establishment and operation of a University
Emergency Operations Center as well as annexes addressing the roles of operational units of the
University. The Fire Department agrees to work cooperatively with the University in following, as
resources allow,the University's disaster plans.
7. Unanticipated Calls For Service
Special.situations not specifically covered in this Agreement may arise that are determined
by the University to require resources beyond their capabilities. When those occasions occur,the
City may provide,at its sole discretion,resources if available. The University will compensate the
City in accordance with the City Council adopted cost of services study,which is annually adjusted
by the Consumer Price Index.
The following are examples of special situations possibly requiring response:
flooding/storm response pipeline ruptures/water control
smoke removal animal rescues
electrical hazard radiological
bomb threats special events/crowd control/civil disturbances
menace stand-by
7/17/04 2
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ATTACHMENT B
SCOPE OF SERVICE
The San Luis Obispo City Fire Department will respond to the University as outlined below. The San .
Luis Obispo City fire Department agrees that 90%of the time it will initiate response within 60 seconds
of the request during day-time hours and 90 seconds at night-time.
FIRST ALARM ASSIGNMENT
A standard"First Alarm" assignment shall consist of 3 engines Code 3 and 1 Battalion Chief Code
3. As an option, the Battalion Chief may substitute a ladder company for one engine. The use of a
move-up company to Fire Station One is required.
REDUCED ASSIGNMENT
The incident being reported may not require a first alarm assignment and may,therefore,require the
dispatcher to send a reduced assignment to the emergency. Anything less than a.first alarm
assignment is considered to be a reduced assignment.
GREATER ALARM ASSIGNMENTS
When an Incident Commander determines that the resources at hand may not be sufficient to both
alleviate the threat presented and provide adequate coverage to the City,s/he has an obligation to call
for additional resources in a timely manner. This is especially critical with"working"incidents on
the campus and will typically require moving quickly to greater alarm assignments immediately
upon confirmation of"working" incident. To facilitate efficiency in assigning additional resources,
this department has established pre-planned greater alarm assignments and procedures.
SECOND ALARM ASSIGNMENT
A standard`-`Second Alarm"assignment shall consist of:
1. Notification of the Fire Chief.
2. Call back of all off duty suppression personnel via pager using 911 as the recall page number.
3. Dispatch a University public works representative to the Command Post.
4. Review the next alarm level in anticipation of a request by the I.C.
5. Notify CDF to alert the area coordinator, in anticipation of a request for additional resources
(Do not have them respond unless/until their assistance is actually requested by the Incident
Commander).
6. Notify San Luis Ambulance Company and request a stand-by ambulance.
TIIQRD ALARM ASSIGNMENT
If the emergency on the campus exceeds the capabilities of a second alarm assignment as most
working structure fires will do, the Incident Commander shall request a third alarm assignment.
The third alarm assignment draws upon the resources of various fire departments throughout the
County. Pre-arranged Mutual Aid agreements exist to provide assistance to the requesting agency.
The I.C. should consider how quickly s/he needs the additional resources. If the first strike team is
needed immediately,because of their close proximity to the city(e.g.E21,.E13,C.M.C.;etc..,),they
should be requested to respond to the incident's staging area and form up as a strike team upon their
2117/04 1
arrival. Due to longer travel distances of the second and third strike teams, it is best to request the
mutual aid companies as a group and have them respond as a task force or strike team. A task force
or strike team will automatically have a task force or strike team leader. Truck companies are always
a special request, likewise with any specialized equipment.
A standard"Third Alarm"assignment shall consist of:
1. All items inclusive of a"Second Alarm Assignment".
2. Call back of all Fire Department Personnel via pager using 911 as the recall page number.
3. One in-county strike team.
4. All requested mutual aid companies will respond with minimal delay and operate on the
specified radio frequency(normally County Net until on scene).
SPECIAL CALL ASSIGNMENT
Once a First Alarm Assignment has been committed to an emergency,the Incident Commander may
request additional companies in the following manner:
• Request a Second or Third Alarm Assignment.
• Request a"Special-Call-Assignment."
Some incidents require specialized apparatus or personnel,either in place of or in addition to a First,
Second or Third Alarm assignment. Examples might be the need for aerial apparatus, a Hazardous
Materials Response unit or a Mass Casualty Response unit. An Incident Commander requiring such
specialized resources will access them through Dispatch.
Resources outside of the City will be drawn from the County E.C.C. Once the City Fire Dispatcher
receives a request for a special call assignment from the Incident Commander for a non-city resource
the following procedure shall be followed:
PRINCIPLES OF OPERATION
The on-duty Battalion chief should be the only person responsible for reducing an initial assignment
prior to our arrival. The first arriving Engine Company Captain may reduce an assignment after their
arrival and they have determined it safe to do so.
The Fire Chief, Battalion Chief, Captain or Dispatcher may increase an initial response assignment
if there might be a need for additional companies immediately.
If the description of the call does not meet the criteria in the response guide and it is not clear as to
what should be sent initially, a first alarm assignment should be dispatched immediately.
Departure from the standard response assignment is not recommended.
When dispatching engine companies the general rule should be: Send the engine company assigned
to the district where assistance is needed. If another engine company is closer or the first-due
company is delayed,the next closest engine should be sent.
2/17/04 2
1
If an engine company is only two-person or BLS, the engine company Captain should request an
additional ALS company to assist on potential ALS medical emergencies.
When a closer in-service company monitors an emergency dispatch directed to another company,the
closest engine company captain should notify dispatch and respond appropriately.
"Special call out"is defined to mean the dispatcher or Battalion chief will determine who or what is
sent to a call based upon need; i.e., a Code 17 Fire Prevention citation may require one or more fire
inspectors.
RESPONSE LEVELS SPECIFIC TO THE UNIVERSITY
CODE TYPE OF INCIDENT RESPONSE PLAN
8 Fire, unknown type 1"Alarm Assignment
8A Fire Alarm heat, smoke,pull) 1 eng. code 3
8AF Fire Alarm, Water Flow 1 eng. code 3, 1 eng. code 2
8F Fire, false alarm(not to be used with fire alarms) After incident#
8H Fire, electrical hazard 1st Alarm
80 Fire, Refuse/Trash threatening 1st Alarm
8P Fire, vehicle 1 eng. code 3
8R Fire, Refuse/Trash.non-threatening 1 eng. code 3
8S Fire, structure 1st Alarm
8W Fire, wildland 1st Alarm
8X Fire, train/railcar 1st Alarm
8Z Fire, aircraft 1st Alarm
12 Emergency,not elsewhere classified Special call out
14 Medical emergency 1 eng. code 3
14B Medical assistance, non-emergency 1 eng. code 2
14T Traffic accident, injuries 1 eng. code 3
48 Natural Gas leak outside 1 eng. code 3
48S Natural Gas leak inside 1 eng. code 3, 1 eng. code 2
53S Smoke check inside 1 eng. code 3, 1 eng. code 2
57 Fire reported out 1 eng. code
83 Explosion 1st Alarm
84M Hazardous material threatening(State reportable, Major) 1st Alarm
ADDITIONAL SERVICES TO BE PROVIDED BY CITY
1. City will provide CPR/First Aid Training to all University police staff at an acceptable
on-campus location on an annual basis or as required. The first annual training will be no
later than June 30, 2004.
2. City will provide AED training for up to 25 members of University staff at an acceptable
on-campus location on a semi-annual basis or as required. The first semi-annual training will
2/18/04 3
�y,23
be no later than June 1,2004.
3. The.City will test all fire hydrants located in the Service Area described in Exhibit C at the
same frequency as occurs within the City of San Luis Obispo. City will notify the University
in writing of its completion of hydrant testing and will notify the University, as soon as
possible,of any hydrant in need of maintenance or repair. The first hydrant testing will be no
later than September 30, 2004
4. City will provide Fire Safety Training for up to 100 members of University staff at an
acceptable on-campus location on an annual basis or as required. Training shall consist of
fire extinguisher use,building evacuation, fire hazards and similar subjects. The first annual
training will be no later than March 15, 2005.
5. City will provide annual classroom training to University staff who are designated members
of the University Emergency Operations Center. Training will include instruction on the
Incident Command System, State-wide Emergency Management System and related
subjects. This annual training will also include an emergency simulation exercise. The first
annual training will be no later than March 15, 2005.
6. The services outlined in this section can be adjusted by mutual agreement.
2/18/04 4
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ATTACHMENT C
SERVICE AREA
The area of service of this Agreement is described as the area bounded on the south by the
City of San Luis Obispo (Slack Street, Long View Avenue, Via Carta, Foothill Blvd.);bounded on
the west by the City of San Luis Obispo; out Highway 1 to the Cheda Ranch Complex(included);to
the north from the Cheda Rance Complex to the Union Pacific Railroad right-of-way to the Tartaglia
Ranch southern boundary,along the base of the foothills to Poly Canyon Road); and bounded on the
east so as to include the facilities at the base of the foothills(Poly Canyon Road,Klamath Road,Deer
Road and Grand Avenue-including all structures and parking areas) and also including those areas
known as Cerro Vista Housing, Student.Housing North and the faculty/staff housing project which
is bordered on the east by Highway 1, on the south by Westmont Street and on the north and west by
city jurisdiction.
University properties not included in this agreement are outlying structures of the University
and wildlands non-contiguous to the main campus of the university. For example: Chorro Creek
Ranch, Serrano Ranch, Peterson Ranch and the structures up Poly Canyon.
2/17/04