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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From:
Larry R. Pitzer, Fire Chief
Subject:
Resolution adopting Amendment Number
One to the Emergency Services Agreement
between the City of San Bernardino and the
San Manuel Band of Mission Indians.
Dept:
Fire
ORlGiNAl
Date:
July 2, 2003
MC/C Meeting Date:
August 18, 2003
Synopsis of Previous Council Action:
12/06/99
Resolution 1999-314 approved a contract and promissory note with the San Manuel Band of
Mission Indians to provide fire protection service to their tribal lands from July 1, 1999 through
June 30, 2006.
RECOMMENDATION:
Adopt resolution.
6irq;
Contact Person: Larry R. Pitzer, Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement
Ward: Citv Wide
FUNDING REQUIREMENTS:
Amount:
$
Source:
(Acct. No)
(Acct. Description)
Finance:
Council Notes:
12 e:"C:J .~ Lt:03 - 232..
Agenda Item No. /3
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STAFF REPORT
SUBJECT
Resolution adopting Amendment Number One to the Emergency Services Agreement between
the City of San Bernardino and the San Manuel Band of Mission Indians.
BACKGROUND
On December 6, 1999, the Mayor and Common Council authorized the execution of an
agreement with San Manuel Band of Mission Indians (SMBMI). The agreement was to provide
emergency response for emergency medical aid, fire suppression service, and fire prevention
services to 5MBMI tribal lands.
The agreement was for a term of seven (7) years from July I, 1999, through June 30, 2006. In
consideration for the promises and services set forth in the 1999 Agreement, 5MBMI
compensated the City of San Bernardino by purchasing 3 fire engines, I hazardous materials
apparatus, and ancillary equipment for the total amount of $1 ,260,864.
5MBMI established its own fire department, which began operations on June I, 2003.
Therefore, the December 6, 1999 agreement needs to be amended to adjust responsibilities to
maintain a balance of service delivery and recompense.
Amendment number one (Attachment A) will define terms and conditions that will accommodate
the reduction of the number of emergency service calls San Bernardino City Fire Department
(SBCFD) responds to on the tribal lands. SBCFD will begin providing routine maintenance and
repair of 5MBMI's fire apparatus, self-contained breathing apparatus, and provide dispatch
services. 5MBMI will bear cost of parts, tires, fluids, etc. for routine maintenance and minor
repairs of apparatus; SBCFD will bear the labor costs. Repairs outside the scope and capabilities
of SBCFD apparatus shop will be referred to outside vendors and 5MBMI will bear all costs
related to such service. 5MBMI will provide the necessary parts and materials to maintain self-
contained breathing apparatus; SBCFD will provide labor.
5MBMI will provide a 6-person emergency response crew 24-7. Their primary mission is to
protect life and property on tribal lands. One significant benefit to the city through the addition
of this fire station is the potential for automatic aid on a closest resource concept. Therefore,
5MBMI will have an automatic/joint response with SBCFD to areas outside of tribal lands and
within the City.
Currently, we have in place a combined training effort between the two departments' personnel.
This will continue and evolve as needed.
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FINACIAL IMP ACT
The direct cost of this revised agreement from fuel usage and maintenance of equipment will
decrease because offewer responses onto tribal lands.
There will be a small increase in labor costs for shop personnel to provide off-hours emergency
repair work. The total hard dollar cost of this contract on an annual basis is estimated to be
$1.500 to $2,000.
RECOMMENDATION
Adopt resolution.
"
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RESOLUTI~~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY
SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
MANUEL BAND OF MISSION INDIANS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. On December 6, 1999 the Mayor and Common Council adopted Resolution
NO. 1999-314 authorizing the city to enter into an emergency service agreement with San Manuel
Band of Mission Indians for fire protection services, and emergency medical advanced life support,
for the term of July I, 1999 through June 30, 2006;
SECTION 2. San Manuel Band of Mission Indians is establishing their own fire department
effecti ve June I, 2003;
SECTION 3. That the City of San Bernardino and San Manuel Band of Mission Indians
request authorization to revise December 6, 1999 agreement;
SECTION 4. The Mayor or her designee is hereby authorized and directed to execute said
agreement, a copy of which is attached as Attachment A;
SECTION 5. Said Agreement will include new language that adds responsibility for San
Bernardino City Fire Department to provide dispatch services. maintenancelrepair of apparatus, and
maintenance/repair of self-contained breathing apparatus;
SECTION 6. The authorization to execute the above referenced Agreement is rescinded if it
is not issued within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING AMENDMENT NUMBER ONE TO THE EMERGENCY
SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
MANUEL BAND OF MISSION II\'DIANS.
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
, 2003, by the following vote, to wit:
Council Members:
ABSTAIN ABSENT
AYES
NAYS
ESTRADA
LONGVILLE
McGINNIS
DERRY
SUAREZ
ANDERSON
McCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By:L 1.?~
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AMENDMENT NUMBER ONE
TO THE EMERGENCY SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND THE SAN MANUEL BAND OF MISSION INDIANS
WHEREAS, the San Manuel Band of Mission Indians (hereinafter "Tribe") and the
City of San Bernardino (hereinafter "City") entered into an Emergency Services Agreement
effective July 1, 1999 (copy attached and incorporated herein as Exhibit 1); and,
WHEREAS, Tribe is establishing its own fire department, and there is a need to
amend the Emergency Services Agreement and include additional responsibilities for both
parties of this agreement; and,
WHEREAS, each party desires to maintain a balance of service delivery between
the Tribe and City; and,
WHEREAS, the City will have a reduction in emergency incident response demand
within the Tribe's jurisdiction; and,
WHEREAS, the parties to this Agreement provide fire protection and rescue
services within their respective jurisdictions; and,
WHEREAS, it is in the best interests of the members of the Tribe and the citizens
of the City to provide the most expeditious response to suppress fires and render other
emergency service; and,
WHEREAS, each party is desirous of providing to the other a reasonable and
reciprocal exchange of fire, rescue, emergency dispatching services, apparatus
maintenance and repair, self contained breathing apparatus maintenance and repair, and
emergency medical services on a day to day basis; and,
WHEREAS, this Agreement is authorized by provisions of applicable State and
Federal law;
NOW, THEREFORE, in consideration of these mutual covenants, the parties agree
to undertake automatic aid under the terms, provisions, and conditions hereinafter provided
and agree to amend the Emergency Services Agreement as follows:
SECTION 1. Section 1 of the Emergency Services Agreement is hereby amended
to read as follows:
HFlcj [SanManEmer. Agrmt4. ]
ATTACHMENT "A"
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"SECTION 1. City will furnish fire protection services, including 911 response,
emergency medical advanced life support ("Emergency Services") to Tribe during the term
of this Agreement on a 24-hour a day, as needed basis as follows:
a. The City agrees to provide a designated fire or rescue response, as
determined by the Fire Chiefs of the City and Tribe to those areas within
Tribe's jurisdiction.
b. The Tribe agrees to provide a designated fire or rescue response, as
determined by the Fire Chiefs of the City and Tribe, to those areas within
City's jurisdiction.
c. The City and Tribe agree to respond units based on the closest resource
available for the type of emergency at hand. The closest resource will be
determined by the City's communication center, based on the location of
other available units in relation to the location of the emergency.
d. The City will act as the primary Public Safety Answering Point (PSAP) for
all areas within the Tribe's jurisdiction and provide primary dispatching
services for the Tribe's fire and Emergency Medical Services (EMS)
resources.
e.
Upon receipt of a call for service in Tribe's jurisdiction, or where Tribe's
resources are closer to the location of an emergency within the City's
jurisdiction than the next available City resource, the City's
communications center will dispatch Tribe's personnel using an
established communication link, and provide them with the specific
information of the call.
f. Upon receipt of a call for service by Tribe, which is within their
jurisdictional area, Tribe, as the jurisdictional department, will respond with
the nearest and appropriate designated fire or EMS unit to that call for
service. The Tribe will then notify the city fire communications center, who
will, in turn, dispatch any additional resources requested, and log Tribe's
resource status in the City's computer aided dispatch system.
g. The Tribe agrees to abide with the City's established turnout time
standard of sixty seconds or less for at least 90% of their responses.
Turnout time is defined as the time elapsed from the receipt of call at the
station, to the time when the responding unit goes en-route. This time
interval will be tracked through the City's computer aided dispatch system
(CAD).
HE/cj{ SanManEmer.Agrmt4.]
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The City and Tribe intend that this Agreement will provide mutual benefits
to both parties and herein authorize the Fire Chiefs of the City and Tribe
to revise any designated areas or types of response periodically as may
be dictated by changing conditions and mutual benefits to the parties. It
is agreed that substantial reductions of fire protection and/or emergency
medical forces by parties hereto shall be cause for reconsideration or
amendment of this Agreement.
I. Details as to amounts and types of assistance to be dispatched, areas to
be assisted, methods of dispatching and communications, training
programs and procedures, methods of requesting aid, and persons
authorized to send and receive such requests, together with lists of
equipment and personnel which will be utilized, shall be developed by the
Fire Chiefs of the City and Tribe. Such details shall be recorded in an
Operating Plan and signed by the Chiefs of the City and Tribe.
h.
j.
In those instances where the Tribe is dispatched to, and/or arrives first, to
an incident occurring in the City's jurisdiction, Tribe will take the necessary
action dictated by the situation. However, it is assumed that City
resources will arrive shortly after the arrival of Tribe. Thereafter, the
responsibility for coping with the situation will be immediately assumed by
the City upon their arrival at the scene. At that point, Tribe resources will
be under the direction of the officer-in-charge from the City. It is further
agreed that Tribe resources will be released from the scene as soon as
it is practical and appropriate.
k. In those instances where the City is dispatched to, and/or arrives first, to
an incident occurring within the Tribe's jurisdiction, City resources will take
the necessary action dictated by the situation. However, it is assumed
that Tribe resources will arrive shortly after the arrival of City resources.
Thereafter, the responsibility for coping with the situation will be
immediately assumed by the Tribe upon their arrival at the scene. At that
point, City resources will be under the direction of the officer-in-charge
from the Tribe. It is further agreed that City resources will be released
from the scene as soon as it is practical and appropriate.
I. The City agrees to provide maintenance and repair of all Survivair
breathing apparatus owned by Tribe. This includes routine maintenance
of air bottles, regulators, harnesses, hoses, and masks, including all parts
contained therein. The City will also provide CalOSHA mandated fit testing
for all Tribe Fire Department employees. The routine maintenance
schedule will be established to meet state and federal regulatory agency
mandates, and the manufacturer's specifications.
HElcj [SanManEmer.Agrmt4.]
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Tribe will be responsible for purchasing all breathing apparatus equipment
to be used by their agency, and all parts for routine maintenance and
repair, including back-up equipment to be used when front-line equipment
is out of service for repair or maintenance.
n. Tribe agrees to purchase and use only those breathing apparatus types
that are approved by the City. This includes all masks, harnesses,
regulators, hoses, air bottles, and all parts contained therein. Should Tribe
choose to use a breathing apparatus type, or any part of the breathing
apparatus ensemble that is not approved by the City, Tribe will assume
full responsibility for all repairs and maintenance for such items.
o. City agrees to include and to provide routine maintenance to Tribe fire
apparatus. City to bear labor related costs, Tribe to bear cost related to
items purchased necessary for service.
p. City agrees to provide Tribe fire apparatus with emergency repair service
(same as City provided to City apparatus) City to bear labor related costs,
Tribe to bear items purchased or fees related to service including heavy
tow service.
q.
City agrees to monitor and order parts and automotive fluids as needed.
City also agrees to notify Tribe before ordering. City will order and items
shall be delivered to City shop and invoice sent to Tribe Fire Dept.
r. City agrees to stock sufficient filters, fluids, tires for Tribe Fire Apparatus.
s. City agrees to provide Tribe Fire Department with reserve apparatus for
the duration of time necessary as available.
t. City Equipment Maintenance Supervisor will submit to Westates work to
be done on apparatus. City Fire will provide warranty work as authorized
by Westates. Approval will be given by Westates prior to beginning work.
u. Tribe Fire apparatus requiring specialized repair outside the scope and
capabilities of the city's apparatus shop will be referred to an outside
vendor. Tribe will bear all costs incurred by such service.
v. City agrees to arrange and bear costs for mechanic response, perform
diagnostic measures, arrange for tow service for Tribe Fire apparatus. City
will bear City personnel labor-related costs, Tribe will bear costs for
related fees/ invoices incurred by tow service.
HE/C)! SanManEmer ,Agrmt4.]
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Tribe agrees to keep maintenance and repair logs for apparatus per City
Fire's procedures. Both parties agree to exchange information related to
maintenance of apparatus/ equipment.
x. City agrees to repair small engines including but not limited to extrication
equipment, chainsaws, generators, and shall not exceed the capability of
the City. City shall bear labor-related costs, Tribe shall bear the costs of
related items purchased.
y. The City agrees to provide emergency aerial truck response to the Tribe
business facility located on the south/east corner of Highland Ave. and
Boulder Ave. in the City of Highland California. The provision of this
service will be subject to the availability of the City's aerial apparatus
z. The parties agree that this Agreement shall not affect or have any bearing
on the existing California Master Mutual Aid Agreement.
SECTION 2. All other terms and conditions in the Emergency Services Agreement
remain unchanged and in effect.
San Manuel Band
of Mission Indians
City of San Bernardino
Deron Marquez
Tribal Chairman
Judith Valles
Mayor
Approved as to form and
legal content:
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" . I C-vt-..............
es F. Penman
ty Attorney
HEJcj [SanManEmer.Agnnt4.]
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "'0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~M
August 21, 2003
Mr. Deron Marquez
Tribal Chairman
San Manuel Band of Mission Indians
26524 Indian Service Road
Highland, CA 92346
Dear Mr. Marquez,
At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino
adopted Resolution 2003-232 - Resolution adopting Amendment No. 1 to the Emergency Service
Agreement between the City and the San Manuel Band of Mission Indians.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised tbat the resolution and agreement will be null and void if not executed
within 60 days, or by October 17, 2003.
Please retain a copy of the agreement for your files.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
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,t/( ( {.~: d~< --.L
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Michelle Taylor
Senior Secretary
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Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
OFFICE OF THE CiTY CLERK
RACHEL G. CLARK, C.M.C. .. CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.lis
;'A
October 14, 2003
Mr. Deron Marquez
Tribal Chairman
San Manuel Band of Mission Indians
26524 Indian Service Road
Highland, CA 92346
Dear Mr. Marquez,
At the Mayor and Common Council meeting of August 18, 2003, the City of San Bernardino
adopted Resolution 2003-232 - Resolution adopting Amendment No. 1 to the Emergency Service
Agreement between the City of San Bernardino and the San Manuel Band of Mission Indians.
On August 21, 2003, an original agreement was sent to you for signatures. If the agreement has
been signed, please return it to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402.
Please be advised that the resolution and agreement will be null and void if not executed
and returned to the City Clerk's Office by October 17, 2003.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Thank you, f
erN Ie C( (c ;/j( oe'.."....
,.
Michelle Taylor
Senior Secretary
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 17, 2003
TO:
Larry Pitzer, Fire Chief
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-232 - Emergency Services Agreement
CC:
Attached is a fully executed copy of Amendment No. I to the Emergency Services Agreement
with the San Manuel Band of Mission Indians. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ex!. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): %-I'lsOS Item # (3,
Vote: Ayes l-' Co Nays B-
Resolution #
Abstain "EY
2 (')() 3- Z3Z-
Absent "
Change to motion to amend original documents:
,-
Reso, # On Attachments: ,/ Contract term: -
Note on Resolution of Attachment stored separately: --==--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After: "b Op.'p / I () ,- 1 ")-0 '3
I
By: -
Date Sent to Mayor: '"6 - \ 9 "03
Date of Mayor's Signature: Is- -lq -<)3
Date of Clerk/CDC Signature: '6 - zc.'-f.>S,
Reso. Log Updated:
Seal Impressed:
,/"
.----
Date Memo/Letter Sent for Signature:
~y Reminder Letter Sent on }lith day:
90 Day Reminder Letter Sent on 45th day:
<;;",)1-0:::'
\<Y 1,-\_0.'"
See Attached: / DateRetumed: Ie 'll-L'<~
See Attached: ../
See Attached:
Request for Council Action & Staff Report Attached: Yes ;/'
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985,8234,655,92-389): Yes
No By
No -----L. By
No / By
No / By
No/ B
Copies Distributed to:
City Attorney -./
Parks & Rec,
Code Compliance Dev. Services
Police Public Services Water
EDA
Finance
MIS
Others:
FtZE;
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01