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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the City of San Bernardino 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 I, 2011 through June 30, 2016.
Dept:
Date:
Fire
May 19, 2011
MC/C Meeting Date:
June 6, 2011
Synopsis of Previous Council Action:
09/05/06
06119/06
08/01/05
08116/04
06/16/03
06118/0 I
05/15/00
12/07/98
Resolution 2006-308 authorizing the Fire Department to enter into an agreement with the County
of San Bernardino to provide fire protection from July I, 2006 through June 30, 2011.
Resolution 2006-178 extended the existing agreement from July I, 2006 through October 31, 2006.
Resolution 2005-272 extended the agreement from July I, 2005 through June 30, 2006.
Resolution 2004-261 adopted Amendment Number Two to extend the Agreement with the
County of San Bernardino to provide fire protection from July I, 2004 through June 30, 2005.
Resolution 2003-130 authorized Fire to renew the agreement with the County of San Bernardino
to provide fire protection and paramedic services from July I, 2003 through June 30, 2004.
Resolution 2001-193 authorized Fire to renew the agreement with the County of San Bernardino
to provide fire protection from July I, 2001 through June 30, 2003.
Resolution 2000-108 authorizing the Fire Department to enter into an agreement with the County
of San Bernardino to provide fire protection from July I, 1999 through June 30, 2001.
Resolution 98-335 approved a contract with San Bernardino County Fire Department for fire
service from December 29, 1998 through June 30, 1999.
RECOMMENDATION:
Adopt resolution.
Sign~'~
Contact Person: Mat Fratus, Deputv Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement
Ward: CityWide
FUNDING REQUIREMENTS:
Council Notes:
Amount:
Source:
$487,000
(Acct. No) 001-200-4702-0000
(Acct. Description) Countv Contract-Fire Revenue
Finance:
Agenda Item No. / .3
{Xp-d.r dOli
STAFF REPORT
SUBJECT
Resolution authorizing the City of San Bernardino 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 I,
2011 through June 30, 2016.
BACKGROUND
On December 7, 1998, the Mayor and Common Council authorized the execution of an
agreement with the County of San Bernardino. The agreement was to provide fire
protection and paramedic services to County unincorporated areas located within the City
of San Bernardino's sphere of influence. Since that time, there have been several
successor agreements that have continued the same service delivery to those areas by our
Fire Department.
The County of San Bernardino Fire Department has requested that the San Bernardino
City Fire Department continue to provide fire protection and paramedic services to
County unincorporated areas located within the City of San Bernardino's sphere of
influence.
The term of the agreement is for five years, from July 1,2011 through June 30, 2016.
The County of San Bernardino shall pay the sum of$487,000 per year during the term of
the agreement (attachment A). The agreement stipulates that future annexations will
reduce the contract amount based on the audit/controller estimated current tax revenue to
be transferred by the County Fire Department. The agreement provides that either party
may terminate this agreement by giving not less than 60 days written notice to the other
party of said intent to terminate.
FINANCIAL IMPACT
The estimated revenue to be received for services rendered per the agreement is
$487,000. There is no increase from the previous year. This revenue has been budgeted
in the FY 2011/12 proposed budget.
RECOMMENDA nON
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO 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 1,2011 THROUGH JUNE
30, 2016.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The San Bernardino County Fire Department (County Fire) and the San
Bernardino City Fire Department wish to enter into an agreement for fire protection and
paramedic services to County unincorporated areas;
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;
SECTION 3. Said services will be provided in the San Bernardino County
unincorporated areas, most commonly referred to as "county islands", located within the City
of San Bernardino's sphere of influence;
SECTION 4. Said agreement will be for fire protection and paramedic services for the
period from July 1,2011 through June 30, 2016;
SECTION 5. Said agreement amount shall be for four hundred eighty-seven thousand
dollars and no cents ($487,000) per year,
SECTION 6. The authorization to execute the above referenced agreement is
rescinded if it 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 BERNARDINO 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 1,2011 THROUGH JUNE
30,2016.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
,2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ .
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
,2011.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN, City Attorney
2
/J?Tllc'J{b1C':'T "A"
e'
," ..~/
!New Vendor Code Dept. Contract Number
o Change SC A
o Cancel
Dept. Orgn. Contractor's License No.
Isan Bernardino County rire Protection District
Contract Representative Telephone Total Contract Amount
Larita Manalili, Manaoemenl Analvst (909)387-6134 $ 2 435 000.00
1)(1 Revenue n Encumnored Contract Type n Other:
n Unen^'~';;'er.d
If not encumbered or revenue contract type, provide reason: Fire Protection Services
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
$ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
FVZ 580 3A78 200 2400 $
Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No. Amount
FVZ 580 PM2 200 2400 $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
Fire Protection Services FY Amount 110 FY Amount lID
Agreement 11112 $487,000 14115 $487,000
12113 $487,000 - 15116 $487,000 -
13114 $487,000 - -
FOR OFFICIAL USE ONL Y
SAN BERNARDINO COUNTY
FIRE PROTECTION
DISTRICT
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT, hereinafter called the COUNTY FIRE, and
Name
City of San Bernardino Alln: Pat Morris, Mayor
Address
PO Box 1318
hereinafter called
CITY
San Bernardino, CA 92402
Telephone
(909) 384 - 5286
IT IS HEREBY AGREED AS FOLLOWS;
(Use space be/ow and addftional bond sheets. Set forth service to be rendered. amount to be paid, manner of payment, 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.)
Federal 10 No. or Social Security No.
FIRE PROTECTION SERVICES AGREEMENT
BETWEEN
THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND
THE CITY OF SAN BERANARDINO
This AGREEMENT iB made and entered into by and between the San Bernardino County Fire Protection District
(hereinafter referred to as "COUNTY FIRE"), County Fire Service Zone PM-2 (hereinafter referred to as "COUNTY
FIRE PM-2") and the CITY OF SAN BERNARDINO (hereinafter referred to as "CITY").
Auditor/Controller-Recorder Use Onl
o Contract Database 0 FAS
Input Date Keyed By
Page 1 014
WITNESSETH:
WHEREAS, it is the intent of the parties hereto that the fire services in a portion of COUNTY FIRE, depicted as on
attached map, be furnished to COUNTY FIRE by CITY subject to the terms and conditions contained herein; and,
WHEREAS, it is the intent of the parties hereto that the advanced life support (ALS/Paramedic) services in a
portion of COUNTY FIRE PM-2, depicted on attached map, be furnished to COUNTY FIRE PM-2 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
COUNTY FIRE AND COUNTY FIRE PM-2 and that COUNTY FIRE and COUNTY FIRE PM-2 pay CITY for these
services.
NOW, THEREFORE, it is agreed as foliows:
1. CITY wili furnish fire protection services, including advanced life support (ALS). The CITY has the right to
bili for ALS services in any area not in COUNTY FIRE PM-2.
2. CITY wili furnish fire cause and origin determination including investigations which it furnishes within its
own boundaries.
3. COUNTY FIRE will continue to provide fire protection planning and engineering services and agrees to
provide CITY with copies of commercial and industrial project conditions upon final approval of the projects
by the County.
4. CITY shali submit to COUNTY FIRE on a quarterly basis during the term of this contract a report of all fire
and ALS/Paramedic services provided during the term of this contract.
5. Term - This Agreement shall become effective July 1, 2011 and continue in effect through June 30, 2016.
Thereafter, the parties may agree to extend the Agreement for additional one-year periods on the same
terms and conditions.
6. 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.
7. COUNTY FIRE and COUNTY FIRE PM-2 shall pay the sum of $487,000.00 per year during the term of this
Agreement. Such payment by COUNTY FIRE and COUNTY FIRE PM-2 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, COUNTY FIRE
and COUNTY FIRE PM-2, agree to reduce the contract amount based on the auditor/controlier estimated
current tax revenue to be transferred from COUNTY FIRE. Only properties annexed prior to April 1st of the
current contract year will be used to recalculate the next year's contract amount.
8. Indemnification - COUNTY FIRE and COUNTY FIRE PM-2 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 COUNTY FIRE's and COUNTY FIRE PM-2's negligent acts or omissions
which arise from COUNTY FIRE's and COUNTY FIRE PM-2's performance of its obligations under this
agreement.
The CITY agrees to indemnify and hold harmless COUNTY FIRE and COUNTY FIRE PM-2 and their
officers, employees, agents and volunteers from any and ali claims, actions or losses, damages and/or
Revised 12/1/2010
Page 2 of 4
liability resulting from CITY's negligent acts or omissions which arise from CITY's performance of its
obligations under this agreement.
In the event COUNTY FIRE and COUNTY FIRE PM-2 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,
COUNTY FIRE and COUNTY FIRE PM-2 and/or CITY shall indemnify the other to the extent of its
comparative fault.
9. Insurance - COUNTY FIRE and CITY are authorized self-insurance public entities for purposes of
Professional Liability, General Liability, Automobile Liability, Workers' Compensation and Property Damage
and warrant that through their respective programs of self-insurance, they have adequate coverage or
resources to protect against liabilities arising out of the performance of the term, conditions or obligations
of this Agreement.
10. Notices - All notices hereunder shall be in writing and served personally or deposited in the United States
Mail, first class, addressed as follows:
CITY:
San Bernardino City Fire Department
200 E Third Street
San Bernardino, CA 92410
DISTRICT:
San Bernardino County Fire Protection District
Fire Chief
157 W. 5th Street, 2nd floor
San Bernardino, CA 92415-0451
II/
Revised 12/1/2010
Page 3 of4
11. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and operative
as to each of the parties as herein provided.
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
~
Josie Gonzales, Chair, Board of Directors
By ~
(Authorized signature. sign in blue ink)
Dated:
Name
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
')OCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Secretary
Title
(Print or Type)
Dated:
By
Add ress
Deputy
A :"f.'ROVED AS TO FORM:
J~mes F. Penman,
City Attorney
"
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Reviewed by Contract Compliance
Presented to Board for Signature
Approved as to Legal Form
~
Counsel
~
~
Jate
Date
Date
Revised 12/1/2010
Page 4 of 4
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