HomeMy WebLinkAbout24 FireCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Larry R. Pitzer Subject: Contract with San Bernardino County
Fire Department for Fire Protection and
Paramedic Services in the County
unincorporated areas located within the City of
San Bernardino's Sphere of Influence
Dept: Fire
Date: November 20, 1998
Synopsis of Previous Council Action:
No previous Council action.
RECOMMENDATION:
1. Adopt resolution.
2. Authorize the Director of Finance to amend the FY 1998 -99 Budget to 1.) increase budgeted
General Fund Revenues by $100,000 to reflect the fee to be received from the County for
providing fire protection and paramedic services (acct.# 001 - 000 -4702 Fire Service Contracts);
and 2.) increase the Police Department's dispatch overtime budget by $3,000 to cover the cost
of updating the 911 system to include the county islands (acc x#001- 221 - 5015). --�) 11-'l, 7L
Si
Contact Person: Larry R Pitzer Phone: (909)384 -5286
Supporting data attached: Staff Report Ward: City Wide
FUNDING REQUIREMENTS: Amount:
Source: (ACCT No) $100,000 to be received from County to cover
cost of providing service.
Finance:
Council Notes:
Agenda Item No. ) q_
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Resolution authorizing the City of San Bernardino Fire Department to enter into an
agreement with the County to provide fire protection and paramedic services to county
unincorporated areas within the City of San Bernardino's sphere of influence.
BACKGROUND:
The County of San Bernardino Fire Department (County Fire) has requested that the
San Bernardino City Fire Department (SBCFD) enter into a contract with their agency to
provide fire protection and paramedic services to County unincorporated areas located
within the City of San Bernardino's sphere of influence.
There are eleven (11) San Bernardino County unincorporated areas, more commonly
referred to as "county islands ", located within the City of San Bernardino's sphere of
influence. For the last eighteen (18) years, the County Fire Department has contracted
with the California Department of Forestry (CDF) to provide fire protection and
paramedic services to these unincorporated areas. However, the County has re-
evaluated how it provides fire service to its areas of responsibility and has determined
that the City can provide fire services to the eleven (11) county islands more efficiently
and cost - effectively than the California Department of Forestry is able to.
Consequently, County Fire anticipates canceling its current contract with CDF effective
December 29, 1998.
The proposed contract allows for the City's Fire Department to begin providing fire
protection and paramedic services to the eleven (11) County islands beginning on
December 29, 1998 through June 30th, 1999. The proposed fee from the County for
service delivery for the six -month period is $100,000.
This six -month contract period and fee will cover the initial direct costs and estimated
indirect costs associated with entering into the contract and allow both the County and
the City to review operational issues as well as the appropriate fee level for services.
The immediate direct costs that result from entering into this contract will be related to
increased fuel usage and vehicle maintenance. It is also expected that the Police
Department will incur approximately $3,000 in costs for staff time spent re- programming
the geo -based 9 -1 -1 computer system to include calls from the eleven (11) county
islands. No additional fire apparatus or personnel will be requested during this initial
six -month period.
Over the initial six -month period, the indirect costs and impacts associated with
increased call volume, increased wear and tear on apparatus, increased use of
miscellaneous materials and supplies, and staffing issues will be assessed. Based on a
review of the initial six -month period, the City and County will negotiate a longer
contract that addresses both operational issues and costs associated with providing fire
service to the county areas over the long -term. Although replacement of Fire
equipment and apparatus may be necessary in the future, at this time no major capital
outlays are anticipated to maintain this contract.
1
FINANCIAL IMPACT:
Estimated revenue to be received for services rendered per the agreement is $100,000.
Initially, only $3,000 will be appropriated to cover the Police Department's costs in
updating the 911 system. Additional requests for appropriation of the $100,000 will be
brought to the Mayor and Common Council if necessary during the initial six -month
contract period.
RECOMMENDATION:
1. Adopt resolution.
2. Authorize the Director of Finance to amend the FY 1998 -99 Budget to 1.)
increase budgeted General Fund Revenues by $100,000 to reflect the fee to be
received from the County for providing fire protection and paramedic services;
(account #001 - 000 -4702 Fire Service Contracts) and 2.) increase the Police
Department dispatch overtime budget by $3,000 to cover the cost of updating the
911 system to include County islands (001- 221 - 5015).
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RESOLUTION 98-
COPY
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, APPROVING A CONTRACT WITH SAN
BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE
COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF
SAN BERNARDINO CITY LIMITS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That San Bernardino County Fire Department (County
Fire) and the San Bernardino City Fire Department (SBCFD) wish to enter
into a binding contract; and
SECTION 2. The Mayor or her designee is hereby authorized and
directed to execute said contract, a copy of which is attached as EXHIBIT A;
and
SECTION 3. Said contract will be for fire protection and paramedic
services for the period of December 29, 1998 through June 30, 1999. Said
services will be provided in the eleven (11) San Bernardino County
unincorporated areas, most commonly referred to as "County islands ",
located within the City of San Bernardino's sphere of influence; and
SECTION 4. Said contract amount shall be for One Hundred
Thousand Dollars and no cents ( $ 100,000.00); and
SECTION 5. The authorization to execute the above referenced is
rescinded if it is not executed 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, APPROVING A CONTRACT WITH SAN
BERNARDINO COUNTY FIRE DEPARTMENT FOR FIRE SERVICE IN THE
COUNTY UNINCORPORATED AREAS LOCATED WITHIN THE CITY OF
SAN BERNARDINO CITY LIMITS
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
199 , by the following vote, to wit:
COUNCILMEMBERS
ESTRADA
LIEN
SCHNETZ
DEVLIN
ANDERSON
MILLER
AYES NAYS
ABSTAIN ABSENT
The foregoing resolution is hereby approved this day of
,19
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
Judith Valles, Mayor
City of San Bernardino
•f trio 1`n11NTV t to= n1U1 V
8 -335
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a
County of San Bernardino
FAS
STANDARD CONTRACT
E
New
Vendor Code
Dept.
Contract Number
M
Change
^
C
p
A
X
Cancel
County Department
Dept. Orgn.
Contractor's License No.
Area 38, Consolidated Fire District
County Department Contract Representative
Ph. Ext.
Amount of Contract
Peter R. Hills, Fire Chief /Fire Warden
387-
$
5948
Fund
Dept.
Organization
Appr.
Obj /Rev Source
Activity
GRC /PROJ /JOB Number
SGP
90
62
445
Commodity Code
FY
Estimated Payment Total by Fiscal Year
Amount I/D FY Amount
I/D
Project Name
Fire Protection Services
FY
FY
$ _
$ _
Agreement
THIS CONTRACT is entered into in the State of California by and between the county of aan rsernaralno, nerelnatter calleu
the County, and
Name
CITY OF RAN FIFR'NARDINO hereinafter called CITY
Address
Phone Birth Date
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
( Use space below and additional band 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.)
FIRE PROTECTION SERVICES AGREEMENT
BETWEEN COUNTY SERVICE AREA 38,
COUNTY SERVICE AREA 38, ZONE L
AND
CITY OF SAN BERNARDINO
This AGREEMENT is made and entered into by and between 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
"Area A" on attached map, be furnished to CSA 38 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 CSA 38 Zone L, depicted as "Area A" on attached map, be furnished to CSA 38 Zone L by
City subject to the terms and conditions contained herein; and,
Page 1 of 4
98 -335 ,
WHEREAS, it is the intent of the parties hereto that CITY provide fire protection and ALS /Paramedic
services to "Area A" (as noted above) and that CSA 38 and GSA 38, Zone L pay CITY for these
services.
NOW, THEREFORE, it is agreed as follows:
CITY will furnish to "Area A" fire protection services, including advanced life support (ALS).
2. CITY will furnish to "Area A" fire cause and origin determination including investigations which it
furnishes within its own boundaries.
3. CITY will include "Area A" in fire department disaster response planning at the same level CITY
furnishes within its own boundaries.
4. CITY is authorized to collect fire prevention inspection fees, in "Area A" consistent with County
Ordinance 37 -28 and the San Bernardino Municipal Code Chapter 15.16.
5. CSA 38 will continue to provide fire protection planning and engineering services to "Area A" and
agrees to provide CITY with copies of commercial and industrial project conditions upon final
approval of the projects by the County.
6. CITY shall submit during the fifth month of this contract to CSA 38 a report of all fire and
ALS /Paramedic services provided during the first ninety (90) days of this contract in "Area A ".
7. Term and Termination —This Agreement shall become effective December 29, 1998 and continue
in effect for six months from the effective date unless canceled by either party. Either party may
cancel during the term hereof by giving a sixty day (60) written notice thereof to the other party.
8. CSA 38 and CSA 38, Zone L shall pay the sum of $100,000 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 of "Area
A ", or otherwise become legally obligated to provide fire protection services to any or all of "Area
A" at any time during the effective period of the Agreement, CITY and CSA 38 and CSA 38, Zone
L, agree to pro -rate the actual reimbursement to CITY for those services covered by this
Agreement.
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,
Page 2 of 4
)8 -335 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.
10. Insurance — Without in anyway affecting the indemnity herein provided and in addition thereto, the
CITY shall secure and maintain throughout the contract the following 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 all applicable requirements of the Labor
Code of the State and California, including Employer's Liability with $250,000 limits covering all
persons providing services on behalf of the CITY and all 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 shall have combined single limits for bodily
injury and property damage of not less than one million dollars ($1,000,000).
Additional Named Insured — All policies or self- insurance, except for the Workers' Compensation,
Errors and Omissions and Professional Liability policies, shall 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 all 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 — All policies required above are to be primary and non -
contributory with any insurance or self- insurance programs carried or administered by the County.
Proof of Coverage — CITY shall 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 shall provide that such insurance shall not be terminated or expire without thirty
(30) days written notice to the Department, and CITY shall maintain such insurance from the time
CITY commences performance of services hereunder until the completion of such services.
Withir sixty (60) days of the commencement of this Agreement, the CITY shall 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 reasonably 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.
Page 3 of 4
38 -335 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. IN WITNESS WHEREOF, this Agreement has been executed and approved and is effective and
operative as to each of the parties as herein provided.
COUNTY OF SAN BERNARDINO
►
Chairman, Board of Supervisors
Dated
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD.
Clerk of the Board of Supervisors of the County of San
Bernardino.
By
Deputy
Approved as to Legal Form
►
County Counsel
Date
CITY OF SAN BERNARDINO
(State if corporation, company, etc.)
By ►
(Authorized Signature)
Dated
Title
.1309 _�,�
Reviewed as to Affirmative Action Reviewed for Processing
► ►
Agency Administrator /CAO
Date Date
Page 4 of 4
�tiEtNARD�M
O
C I T Y O F
an bernardino
�yDatD IN �0
R A C H E L C L A R K
C I T Y C L E R K
December 9, 1998
Peter Hills, Fire Chief/Fire Warden
l�
San Bernardino County Fire Department
157 West 51h Street
?nd Floor
San Bernardino, CA 92415
Dear Chief Hills:
At the Mayor and Common Council meeting of December 7, 1998, Resolution 98 -335
was adopted.
Enclosed are an original and six (6) duplicate original agreements.
Please obtain signatures where indicated and return one original agreement to my
attention as soon as possible.
Please be advised that said resolution will be null and void if it is not executed within
sixty (60) days — February 6, 1999.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Rachel Clark
City Clerk
By: Melanie Miller, Senior Secretary
mam
Enclosure
P. O. B O X 1 3 1 8, S A N 8 E R N A R D 1 N 0, C A 8 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0
C A L I F O R N I A 9 2 1 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9) 3 8 4- S 1 S 8
T D D I T T Y- (9 0 9) 3 8 4 -S S 4 0