HomeMy WebLinkAbout2006-308
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RESOLUTION NO. 2006-308
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE
DEPARTMENT TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO
COUNTY UNINCORPORATED AREAS WITHIN THE CITY OF SAN BERNARDINO'S
SPHERE OF INFLUENCE FROM JULY 1, 2006, THROUGH JUNE 30, 2011.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The San Bernardino County Fire Department (County Fire) and the San
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Bernardino City Fire Department wish to enter into an agreement for fire protection and paramedic
services to County unincorporated areas;
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SECTION 2. The Mayor or his designee is hereby authorized and directed to execute said
agreement, a copy of which is attached as Attachment A;
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SECTION 3. Said services will be provided in the San Bernardino County unincorporated
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areas, most commonly referred to as "county islands", located within the City of San Bernardino's
sphere of influence;
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SECTION-4. Said agreement will be for fire protection and paramedic services for the period
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from July 1, 2006 through June 30, 2011; therefore, any action taken between July 1, 2006 and the
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date that the agreement is executed is hereby ratified;
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SECTION 5. Said agreement amount shall be for four hundred eighty-seven thousand dollars
and no cents ($487,000) per year,
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SECTION 6. The authorization to execute the above referenced agreement is rescinded ifit is
not executed within one hundred and twenty (120) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINIO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE
DEPARTMENT TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES TO
COUNTY UNINCORPORATED AREAS WITHIN THE CITY OF SAN BERNARDINO'S
SPHERE OF INFLUENCE FROM JULY 1, 2006, THROUGH JUNE 30, 2011.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
5th day of September
, 2006, by the following vote, to wit:
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Council Members:
AYES
ABSTAIN ABSENT
NAYS
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ESTRADA
---1L-
BAXTER
x
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12 VACANT
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DERRY
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KELLEY
x
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JOHNSON
---1L-
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MCCAMMACK
x
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The foregoing resolution is hereby approved this 1-4v
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September , 2006.
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We a McCamrnack, Mayor Pro Tern
C' of San Bernardino
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Approved as to Form:
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JAMES F. PENMAN,
City Attorney
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
October 31,2006
Continued from October 17, 2006, Item 17
FROM: PAT A. DENNEN, Fire Chief
San Bernardino County Consolidated Fire District
SUBJECT: AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR FIRE
PROTECTION SERVICES
RECOMMENDATION: Acting as the governing body of County Service Area 70, County Service
Area 38 and County Service Area 38, Improvement Zone L (Highland Paramedic):
1. Approve Agreement No. 06-1035 with the City of San Bernardino (City) in which the City
will provide County Service Area 38 and County Service Area 38, Improvement Zone L
with fire protection, emergency medical services, and automatic aid from July 1, 2006
through June 30, 2011 for compensation in the amount of $487,000 per year.
2. Authorize the Auditor/Controller-Recorder to adjust the Fiscal Year 2006/07 appropriations
as follows (Four votes required):
Descri tion
Increase Professional Service
Decrease Reserves/Contin encies
Account Codes
SGP 290 A78 2400
SGP 290 290 6000
BACKGROUND INFORMATION: On July 10, 2001, the Board of Supervisors approved an
Agreement with the City of San Bernardino to provide fire protection, emergency medical and
automatic aid services to areas within CSA 70, CSA 38 and CSA 38L, from July 1, 2001 through
June 30, 2003, in the amount of $250,000 per year. The terms of the Fire Protection Services
Agreement have a provision authorizing the parties to extend the Agreement for additional one-
year periods on the same terms and conditions. The Board approved two additional one-year
periods, one on September 14, 2004 extending the Agreement through June 30, 2005, and one
on December 6, 2005 extending the agreement through June 30, 2006.
From July 1, 2006 to the present time, the San Bernardino County Fire Department and the City
of San Bernardino had mutually agreed that the City would continue to provide, on a holdover
basis, fire protection and paramedic services to the County unincorporated areas (county islands)
located within the City of San Bernardino's sphere of influence that are currently under the
jurisdiction of CSA 38, Zone L until a formal contract could be presented for approval.
CC: SBCCFD- Montag wi Agreement
Contrctr. clo SBCCFD wi Agreement
ACR- Mejico wi Agreement
IDS wi Agreement
Risk Mgmt.
SBCCFD- Dennen
Special Districts
CAO- Forster
County Counsel- Krahelski
File: wi Agreement
ob, 11-3-06
Page 1 of 2
Record of Action of the Board of Supervisors
AGREEMENT NO. 06-1035
APPROVE CALENDAR)
B RS
C DINO
MOTION AY SECOND AYE
1 4 S
DENA
BY
DATED:
ITEM 016
BOARD OF SUPERVISORS
AGREEMENT WITH THE CITY OF SAN BERNARDINO FOR FIRE PROTECTION
SERVICES
October 31,2006
Page 2 of 2
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Originally, the annual service fee in the amount of $250,000 was negotiated with the City and was
subject to being prorated if the City annexed portions of the district during the term of the
agreement. Since the last agreement expired June 30, 2005, a new contract amount had not
been negotiated. Based on the City's claim that eight (8) county islands are not being funded
adequately to cover the increased level of services rendered by the City, a new contract amount
of $487,000 was agreed upon by both parties. This amount represents the amount of property
tax realized by the District for the unincorporated areas adjacent to the City. The new agreement
amount will be reduced by the property tax loss due to annexation(s) of the islands to the City.
Recommendation No, 1 is to approve Agreement #06- setting the new contract amount of
$487,000 and effective dates of July 1, 2006 through June 30, 2011, with a potential reduction in
the contract amount based on any annexations of county islands by the City. All other terms and
conditions of this agreement will remain the same unless this agreement is amended or
terminated. Approval Recommendation 2 will authorize the Auditor/Controller-Recorder to
increase the fiscal year 2006/07 budgeted appropriations and decrease reserves/contingencies
by $237,000 for the additional cost of this contract not included in the original budget.
REVIEW BY OTHERS: This item has been reviewed by County Counsel (L Thomas Krahelski,
Deputy, 387-5436) on September 28, 2006 and the County Administrative Office (Tom Forster,
Administrative Analyst, 387-4635) on October 5,2006,
FINANCIAL IMPACT: Approval of this agreement will result in an annual contract amount of
$487,000 for FY 2006/07 through FY 2010/11 (an increase of $237,000 from the prior year
amount). This new amount may be reduced based on future annexations by the City. The cost
. of this agreement will be funded within the CSA 38 District budget (SGP 290 A78 2400) in the
amount of $354,290 and the CSA 38, Improvement Zone L District budget (SHV 290 290 2400) in
the amount of $132,710, There is no impact to the County General Fund from this action.
Approval of the fiscal year 2006/07 appropriations increase of $237,000 for CSA 38 is necessary
for the full cost of the agreement.
SUPERVISORIAL DISTRICT(S): Third, Fifth
PRESENTER: Pat A Dennen, Fire Chief, 387-5948
RECEI\lEI)
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SAN BERNARDINO CITY FIRE
10/31/06 Item 16
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DISTRICT
FAS
STANDARD CONTRACT
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FOR COUNTY USE ONL Y
E ~ New Vendor Code Dept Contract Number
M Change SC SPD 6. 0&- /O':?s:-
X Cancel 106
DISTRICT Dept Orgn. Contractor's License Ne.
San Bernardino County Consolidated Fire District
Countv Service Area 38 & Countv Service Area 70
DISTRICT Contract Representative Ph. Ext Amount of Contract
Carol Montan 387-5944 UNENCUMBERED
Fund Dept Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
SGP 290 A 78 200 2400
SHY 290 290 200 2400
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Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount liD
Project Name - -
FIRE PROTECTION 2006/SGP :$ 354,290 2007/SGP $ 354,290
SERVICES AGREEMENT 2006/SHV $ 132,710 2007/SHV $132,710
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THIS CONTRACT is entered into in the State of California by and between CSA 38 and CSA 70, hereinafter called the District, and
Name
CITY OF SAN BERNARDINO
'ATN: PAT MORRIS, MAYOR
Address P. O. BOX 1318
SAN BERNARDINO, CA 92402
Phone
(909) 384-5286
FederallD No, or Social Security No.
hereinafter called
CITY
IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to he rendered, amount to he paid, manner afpayment, time for performance or completion, determination of satisfactory performance
and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
FIRE PROTECTION SERVICES AGREEMENT
BETWEEN COUNTY SERVICE AREA 38,
COUNTY SERVICE AREA 38, ZONE L, COUNTY SERVICE AREA 70
AND
CITY OF SAN BERNARDINO
This AGREEMENT is made and entered into by and between COUNTY SERVICE AREA 70 AND COUNTY SERVICE
AREA 38, (hereinafter referred to as "CSA 38"), County Service Area 38, Zone L (hereinafter referred to as CSA 38,
Zone L"), and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, it is the intent of the parties hereto that the fire services in a portion of CSA 38, depicted as on attached
map, be furnished to CSA 38 by CITY subject to the terms and conditions contained herein; and,
FP Serv. CSA 38/CSA 38 UCity 01 San Bemardino
Page 1 014
)" 2006-~08
WHEREAS, it is the intent of the parties hereto that the advanced life support (ALS/Paramedic) services in a portion of
CSA 38 Zone L, depicted on attached map, be furnished to CSA 38 Zone L by City subject to the terms and conditions
contained herein; and,
WHEREAS, it is the intent of the parties hereto that CITY provide fire protection and ALS/Paramedic services to (as
noted above) and that CSA 38 and CSA 38, Zone L pay CiTY for these services.
NOW, THEREFORE, it is agreed as follows:
1. CITY will furnish fire protection services, including advanced life support (ALS).
2. CITY will furnish fire cause and origin determination including investigations which it furnishes within its own
boundaries.
3. CSA 38 will continue to provide fire protection planning and engineering services and agrees to provide CITY
with copies of cornmercial and industrial project conditions upon final approval of the projects by the County.
4. CITY shall submit quarterly during the term of this contract to CSA 38 a report of all fire and ALS/Paramedic
services provided during the term of this contract.
6. Term - This Agreement shall become effective July 1, 2006 and continue in effect through June 30, 2011.
Thereafter, the parties may agree to extend the Agreement for additional one- year periods on the same terms
and conditions.
7. Termination- Either party may terminate this Agreement by giving not less than sixty (60) days written notice to
the other party of said intent to terminate.
8: CSA 38 and CSA 38, Zone L shall pay the sum of $487,000.00 per year during the term of this Agreement.
Such payment by CSA 38 and CSA 38, Zone L to CITY will be made semi-annually in arrears on or before June
30 and December 31 of each year. Should CITY annex all or any portion or otherwise become legally obligated
to provide fire protection services to any or a portion of the area as depicted on attached map at any time during
the effective period of the Agreement, CITY and CSA 38 and CSA 38, Zone L, agree to reduce the contract
amount based on the auditor/controller estimated current tax revenue to be transferred from CSA 38. Only
properties annexed prior to April 151 of the current contract year, will be used to recalculated the next years
contract amount.
9. Indemnification - CSA 38 and CSA 38, Zone L and the County agree to indemnify and hold harmless the CITY,
its officers, agents, employees or volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from CSA 38's and CSA 38, Zone L's, or the County's negligent acts or omissions which arise from
CSA 38's and CSA 38, Zone L's, or the County's performance of its obligations under this agreement.
The CITY agrees to indemnify and hold harmless CSA 38 and CSA 38 Zone L, and the County and their
officers, employees, agents and volunteers from any and all claims, actions, losses or damages and/or liability
arising out of the CITY's obligations under this agreement.
In the event CSA 38 and CSA 38, Zone L, and the County and/or CITY is found to be comparatively at fault for
any claim, action, loss, or damage which results from their respective obligations under the agreement, CSA 38
and CSA 38, Zone L, and the County and/or CITY shall indemnify the other to the extent of its comparative fault.
Furthermore, if CSA 38 and CSA 38, Zone L, and the County or CITY attempts to seek recovery from the other
for Workers Compensation benefits paid to an employee, CSA 38 and CSA 38, Zone L, and the County and
CITY agree that any alleged negligence of the employee shall not be construed against the employer of that
employee.
FP Serv. CSA 38/CSA 38 UCity of San Bernardino
Page 2 of4
#
) > 2006-30&
10. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the CITY shali
secure and maintain throughout the contract the foliowing types of insurance or self-insurance with limits as
shown.
Workers' Compensation - A program of Workers' Compensation Insurance or a state-approved Self -Insurance
Program in an amount and form to meet ali applicable requirements of the Labor Code of the State and
California, including Employer's Liability with $250,000 limits covering ali persons providing services on behalf
of the CITY and ali risks to such persons under this Agreement.
Comprehensive General and Automobile Liability Insurance or Self-Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy or
self-insurance shali have combined single limits for bodily injury and property damage of not less than one
miliion dollars ($1,000,000).
Additional Named Insured - AIi policies or self-insurance, except for the Workers' Compensation, Errors and
Omissions and Professional Liability policies, shali contain additional endorsements naming the County and its
officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of
the performance of services hereunder.
Waiver of Subrogation Rights - CITY shall require the carriers or self-insurance of the above required
coverage's to waive ali rights of subrogation against CSA 38 and CSA 38, Zone L, and the County, their
officers, employees, agents, volunteers, contractors and subcontractors.
Policies Primary and Non-Contributory - AIi policies required above are to be primary and non-contributory with
any insurance or seif-insurance programs carried or administered by the County.
Proof of Coverage - CITY shali immediately furnish certificates of insurance or self-insurance to the County
Department administering the contract evidencing the insurance coverage, including endorsements, above
required prior to the commencement of performance of services hereunder, which certificates shali provide that
such insurance shali not be terminated or expire without thirty (30) days written notice to the Department, and
CITY shali maintain such insurance from the time CiTY commences performance of services hereunder until
the completion of such services. Within sixty (60) days of the commencement of this Agreement, the CITY shali
furnish certified copies of the policies and all endorsements.
Insurance Review - The above insurance requirements are subject to periodic review by the County. The
County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance
requirements whenever the Risk Manager determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interest of the County.
In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonabiy priced or available, the Risk Manager is authorized,
but not required, to change the above insurance requirements to require additional types of insurance coverage
or higher coverage limits, provided that any such change is reasonable in light of past claims against the
County, inflation, or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to
execute any such amendment within thirty (30) days of receipt.
11. Notices- AIi notices hereunder shali be in writing and served personaliy or deposited in the United States Mail,
first class, addressed as foliows:
FP Servo CSA 38/CSA 38 UCity of San Bernardino
Page 3 of4
;
2006-308
CITY:
San Bernardino City Fire Department
200 E Third Street
San Bernardino, CA 92410
DISTRICT:
San Bernardino County Consolidated Fire District
Fire Chief/County Fire Warden
157 W. 5th Street, 2nd floor
San Bernardino, CA 92415-0450
12. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative as to
each of the parties as herein provided.
III
COUNTY
CITY
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Acting in its capacity as governing body of CSA 70,
CSA 98, and CSA 38, Zone L
Dated ..:r; 1
City of San Bernardino
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uthorized signature - sign in blue ink)
By
Name
Wendy McCammack
(Print or type name of person signing contract)
SIGNED AND C
DOCUMENT H
CHAIRMAN 0
Tit~e ~.r Prg
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Address: !fice of the City Clerk
P. O. Box 1318
San Bernardino, CA 92402
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Approved as to Legal Form
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County Counsel
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Reviewed by Contract Compliance
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Date
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Date
Date
Approved as to form:
JAMES F. PENMAN,
City :ttorney
By:
FP Servo CSA 38/CSA 38 UCity of San Bernardino
Page 4 of4
2006 308
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COUNTY OF SAN BERNARDINO
PUBLIC ANO SUPPORT
SERVICES GROUP
COUNTY FIRE DEPARTMENT
157 West Filth Street, Second Floor . San Bernardino, CA 92415-0451 . (909) 387-5974
Fax (909) 387-5542
PAT A. DENNEN
Fire Chief
County Fire Warden
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April 18, 2008
SAN BERNARDINO CITY FIRE DEPARTMENT
200 EAST THIRD STREET
SAN BERNARDINO, CA 92410-4889
SUBJECT: AUTOMATIC AID AGREEMENT NOS. 2000-43, 2000-44 & 06-1035~
NOTICE THAT SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT IS THE NEW CONTRACTING PARTY UNDER THE
AGREEMENTS
Please be advised that the San Bernardino County Consolidated Fire District ("District") is
undergoing reorganization and effective July 1,2008 shall be known and referred to as "San
Bernardino County Fire Protection District." This reorganization will not have any impact on the
terms of the Automatic Aid Agreements currently in place. All rights and obligations ofthe
District shall be assumed by the San Bernardino County Fire Protection District, as its successor-
in-interest. After July 1, 2008, any notices, correspondence, or related documents should be
addressed to the San Bernardino County Fire Protection District and can be submitted to the
same address as before located at:
157 West Fifth Street, Second Floor
San Bernardino, CA 92415-0451
We suggest you attach this notice to the Automatic Aid Agreements between the San Bernardino
City Fire Department and the District. If you should have any questions regarding the
reorganization, please do not hesitate to contact me at (909) 387-5948.
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D:Ue~hief
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cc: Pat Dennen, Fire Chief/Fire Warden
Carol Montag, Division Manager Fiscal Services
Division Chief Terry Welsh
CENED
APR 2 2 2008
SaD Bernardino City Fire