CA - Fontana: REGULAR FIRE PROTECTION DISTRICT MEETING

Get alerted when your passions are being discussed in Fontana, San Bernardino and more for free

Issues discussed this meeting include:

Get Alerts On New Meetings
Sign Up
When and Where is the Next Meeting?
[ See More ]

REGULAR FIRE PROTECTION DISTRICT MEETING

Reso. No. FFD 2018-006

CITY OF FONTANA REGULAR FIRE PROTECTION DISTRICT MEETING

June 12, 2018 Grover W. Taylor Council Chambers

8353 Sierra Avenue Fontana, CA 92335

7:00 PM

Welcome to a meeting of the Fontana Fire Protection District. A complete agenda packet is located in the binder on the table in the lobby of the

Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the District, please fill out a card located at the entrance to the left indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the District Secretary. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act, the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheel chair accessible and a portable microphone is available.
Tagged Passions:compliance, Communications, and communications

Traduccion en Espanol disponible a peticion. Favor de notificar al Departamento City Clerk . Para mayor informacion, favor de marcar el numero (909)

350-7602.

CALL TO ORDER/ROLL CALL: A. 7:00 P.M. Call the Meeting to Order

PUBLIC COMMUNICATIONS: This is an opportunity for citizens to speak to the District for up to 5 minutes on items not on the Agenda, but within the

District's jurisdiction. The District is prohibited by law from discussing or taking immediate action on non-agendized items.
Tagged Passions:Communications and communications

A. Public Communications

Tagged Passions:Communications and communications

CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below - there will be no separate

discussion on these items prior to the time the District votes on them, unless a member of the District requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the District regarding any item on the Consent

Page 1 of 30

Calendar before the vote is taken?

A. Approval of Minutes Approve the Minutes of the May 8, 2018, Regular Fire Protection District Meeting.

B. Approve Agreement for Fire Protection and Emergency Medical Services between the Fontana Fire Protection District and the San Bernardino County

Fire Protection District Adopt Resolution No. FFD 2018-___, approving the execution of an agreement between the San Bernardino County Fire Protection District and the Fontana Fire Protection District for fire protection and emergency medical services.
Tagged Passions:services and emergency

Approve Consent Calendar Item(s).

ELECTED OFFICIALS COMMUNICATIONS/COMMITTEE REPORTS: A. Elected Officials Communications/Committee Reports

Tagged Passions:Communications and communications

EXECUTIVE DIRECTOR'S COMMUNICATIONS: A. Executive Director's Communications

Tagged Passions:Communications and communications

ADJOURNMENT: A. Adjournment

Page 2 of 30

Regular Fire Protection District Meeting Minutes May 8, 2018

MINUTES OF THE CITY OF FONTANA REGULAR FIRE PROTECTION DISTRICT MEETING

May 8, 2018 Grover W. Taylor Council Chambers

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call the Meeting to Order

The Regular Meeting of the Fontana Fire Protection District was held on Tuesday, May 8, 2018, in the Grover W. Taylor Council Chambers, 8353 Sierra

Avenue, Fontana, California. President Roberts called the meeting to order at 8:48.m.

ROLL CALL:

Present: President Roberts, Vice President Sandoval, Commissioners Warren, Tahan and Armendarez.

Absent: None

PUBLIC COMMUNICATIONS:

Tagged Passions:Communications and communications

A. Public Communications

Tagged Passions:Communications and communications

There were no public communications received.

Tagged Passions:Communications and communications

CONSENT CALENDAR: ACTION: Motion was made by Commissioner Warren, seconded by Commissioner Tahan and passed unanimously by a vote of 5-0 to approve

Consent Calendar Item A-C (AYES: Warren, Roberts, Tahan, Sandoval and Armendarez; NOES: None) as follows:

A. Approval of Minutes Approve the Minutes of the April 24, 2018, Regular Fire Protection District Meeting.

B. Fiscal Year 2017/18 Third Quarter Budget Status Report Approve the recommended Third Quarter Budget adjustments.

Tagged Passions:budget

C. Award of Construction Contract for Fire Station 72 Kitchen and Bath Remodel 1. Approve and award bid to Aid Builders, Inc. for the Fire Station

No.72 Kitchen and
Tagged Passions:contract, RFP, rfp, fire departments and districts, and construction

Page 1 of 2 Page 3 of 30

Regular Fire Protection District Meeting - June 12, 2018

Bath Remodel (SB-41-PW-18). 2. Authorize the City Manager to execute a construction contract with AID Builders, Inc. for Fire Station 72 Kitchen and

Bath Remodel in the amount of 270,500 with a 20 contingency of 54.100.
Tagged Passions:contract, administrator, manager, fire departments and districts, and construction

ELECTED OFFICIALS COMMUNICATIONS/COMMITTEE REPORTS:

Tagged Passions:Communications and communications

A. Elected Officials Communications/Committee Reports

Tagged Passions:Communications and communications

There were no Elected Officials communications received.

Tagged Passions:Communications and communications

EXECUTIVE DIRECTOR'S COMMUNICATIONS:

Tagged Passions:Communications and communications

A. Executive Director's Communications

Tagged Passions:Communications and communications

There were no Executive Director Communications received.

Tagged Passions:Communications and communications

ADJOURNMENT: The Fontana Fire Protection District Meeting adjourned, by consensus, at 8:49 p.m.

Tonia Lewis John Roberts District Clerk President

Page 2 of 2 Regular Fire Protection District Meeting Minutes May 8, 2018

Page 4 of 30

Regular Fire Protection District Meeting - June 12, 2018

ACTION REPORT

June 12, 2018 FROM: Department of Fire Protection District SUBJECT: Approve Agreement for Fire Protection and Emergency Medical

Tagged Passions:emergency

Services between the Fontana Fire Protection District and the San Bernardino County Fire Protection District

Tagged Passions:services

RECOMMENDATION: Adopt Resolution No. FFD 2018-___, approving the execution of an agreement between the San Bernardino County Fire Protection District

and the Fontana Fire Protection District for fire protection and emergency medical services. COMMITTEE GOALS: * To improve public safety by increasing operational efficiency, visibility and availability. * To improve public safety by maximizing fire and emergency medical service resources. * To improve public safety by minimizing community impact from disaster events with emergency and disaster preparedness and community awareness DISCUSSION: The Fontana Fire Protection District (FFPD) originally contracted with the San Bernardino County Fire Protection District (SBCFPD) to provide fire protection and emergency medical services to its sphere of influence in July 2008. In the past 10 years, the partnership between FFPD and SBCFPD has brought countless benefits and achievements to the City of Fontana and surrounding communities. Some of these achievements include:
Tagged Passions:contract, public safety, services, government efficiency, emergency, and events

Construction of an Emergency Operations Center (EOC) on the City Hall Campus, Relocation of Fire District Administrative Headquarters to the City

Hall Campus, Construction of a new Fire Station 71, Restoration of the original Fire Station 71 to serve as a fire museum, Relocation of Fire Station 73 which increased the service area and response time for the station, Replacement of fire apparatus; one (1) water tender, four (4) rescue squads, five (5) fire engines and two (2) ladder trucks, Addition of Fire Safety House trailer for community fire safety education, Enhanced the annual fire inspection program, and Addition of 6 suppression personnel and 4 non-suppression personnel.
Tagged Passions:Utility, utility, transportation, personnel, education, emergency, fire departments and districts, program, water, and construction

The new agreement maintains the same level of service that the current agreement

Page 5 of 30

Regular Fire Protection District Meeting - June 12, 2018

provides, which includes:

7 fire stations staffed with a minimum of 29 full-time personnel of various ranks for each shift, An Assistant Chief assigned to the FFPD for daily

executive staff access, Inspection services for hazardous materials/operations and general business occupancies, Fire investigation services available to fire scenes 24 hours per day for fire cause determination, Fire prevention and planning services provided at City Hall for one stop planning and building services, and Various other emergency services including search and rescue and hazardous materials.
Tagged Passions:materials, personnel, services, hazardous materials, business, emergency, fire departments and districts, and planning

The term of the new agreement is for the period of July 1, 2018 to June 30, 2038. Neither party can terminate the agreement before June 30, 2028;

after June 30, 2028, either party can terminate the agreement with an eighteen (18) month notice.

An annual review of the agreement will take place between FFPD and SBCFPD to discuss increases in costs and staffing needs; annual increases to the

agreement will be capped using the CPI-U index for the previous calendar year or 6 , whichever is lower. The proposed costs of the agreement will be brought to the FFPD Board annually for approval in conjunction with the proposed operating budget. FISCAL IMPACT: The costs associated with the agreement will be offset by the Fire Protection District's apportionment of property tax revenue. The amount of 29,454,560 has been included in the Fontana Fire Protection District proposed budget for FY 2018/19 to cover the costs of the agreement. MOTION: Approve staff recommendation. SUBMITTED BY: REVIEWED BY:
Tagged Passions:property, taxes, budget, Taxes, human resources, and property tax

APPROVED BY:

Page 6 of 30

Regular Fire Protection District Meeting - June 12, 2018

ATTACHMENTS: Description: Type: Resolution Resolution SBCFPD Agreement Agreement

ITEM: CC-B

Page 7 of 30

Regular Fire Protection District Meeting - June 12, 2018

Page 1 of 2

RESOLUTION NO. FFD 2018-

A RESOLUTION OF THE FONTANA FIRE PROTECTION

DISTRICT EXECUTING AN AGREEMENT BETWEEN

FONTANA FIRE PROTECTION DISTRICT AND SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT FOR

FIRE PROTECTION AND EMERGENCY MEDICAL

Tagged Passions:emergency

SERVICES.

Tagged Passions:services

WHEREAS, Section 13861(f) of the Health and Safety Code of the State of California provides that the District shall have the power to enter into and

perform all necessary contracts pursuant to Article 53 (commencing with Section 20810) of Part 3 of Division 2 of the Public Contract Code.
Tagged Passions:health and contract

WHEREAS, Article 53, Section 20811 of the Public Contract Code provides that when a Fire Protection District Board determines that it is in the

public interest, a district may contract with any other public agency for fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services, and any other emergency services for the protection of lives and property.
Tagged Passions:property, contract, services, and emergency

WHEREAS, a copy of an Agreement to provide fire protection and emergency medical services is attached to this resolution ( Resolution ) as Exhibit A

and incorporated into this Resolution by this reference.
Tagged Passions:services and emergency

NOW, THEREFORE, be it resolved, determined and ordered by the Fontana Fire Protection District as follows:

Section 1. The District Board approves the Agreement to contract fire protection services and emergency medical services with the San Bernardino

County Fire Protection District.
Tagged Passions:contract, services, and emergency

Section 2. The District Board hereby authorizes and directs the Executive Director to take any action and execute any documents necessary to

implement the Agreement.

Section 3. This Resolution shall take effect upon adoption.

APPROVED AND ADOPTED this 12th day of June, 2018.

READ AND APPROVED AS TO LEGAL FORM:

Tagged Passions:legal

General Counsel

Page 8 of 30

Regular Fire Protection District Meeting - June 12, 2018

RESOLUTION NO. FFD 2018 -

Page 2 of 2

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the Fontana Fire Protection District do hereby certify that the foregoing

resolution is the actual resolution duly and regularly adopted by the Fontana Fire Protection District at a regular meeting on the 12th day of June, 2018, by the following vote to-wit:

AYES:

NOES:

ABSENT:

Clerk of the Fontana Fire Protection District

President of the Fontana Fire Protection District

ATTEST:

Clerk of the Fontana Fire Protection District

Page 9 of 30

Regular Fire Protection District Meeting - June 12, 2018

EXHIBIT A Fire Protection and Emergency Medical

Tagged Passions:emergency

Services Agreement (Under Separate Cover)

Tagged Passions:services

Page 10 of 30

Regular Fire Protection District Meeting - June 12, 2018

San Bernardino County Fire Protection District

Department Contract Representative Mark A. Hartwig

Tagged Passions:contract

Telephone Number 387-5779

Contractor Fontana Fire Protection District

Contractor Representative Kenneth R. Hunt, City Manager/Fire District Executive Director

Tagged Passions:administrator, manager, and fire departments and districts

Telephone Number 909-370-5099

Contract Term

Tagged Passions:contract

Original Contract Amount

Tagged Passions:contract

Amendment Amount

Total Contract Amount

Tagged Passions:contract

Cost Center

IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional 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.)
Tagged Passions:bond and performance

FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN

Tagged Passions:services and emergency

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND

FONTANA FIRE PROTECTION DISTRICT

THIS AGREEMENT, dated as of ___________________is entered into by and between the Fontana Fire Protection District hereinafter referred to as the

DISTRICT, and the San Bernardino County Fire Protection District, hereinafter referred to as the SBCFPD, the promises and agreements of each being in consideration of the promises and agreements of the other.

Contract Number

Tagged Passions:contract

SAP Number

Page 11 of 30

Regular Fire Protection District Meeting - June 12, 2018

WITNESSETH

WHEREAS, the DISTRICT desires to contract for performance of fire protection and emergency medical services within the territorial boundaries of

DISTRICT as depicted in Exhibit 1 as said services set forth in this Agreement; and
Tagged Passions:contract, services, emergency, and performance

WHEREAS, the SBCFPD is willing and able to perform such fire protection and emergency medical services; and

Tagged Passions:services and emergency

WHEREAS, the DISTRICT and the SBCFPD agree that the intent of this Agreement is to maintain the current service levels to the citizens and businesses

of the DISTRICT: and
Tagged Passions:business

WHEREAS, this Agreement shall serve as the Master Agreement for fire and emergency medical services. Other existing Agreements to which the SBCFPD

and DISTRICT are a party include the Four Party Agreement, Paramedic and Wildland Agreements. Upon signing, the parties agree that this Agreement shall supersede all other agreements if any inconsistencies arise between the Agreements. Whereas, the SBCFPD and DISTRICT are committed to serving the citizens of the SBCFPD and DISTRICT as efficiently as possible, they agree to jointly explore other opportunities for entering into additional mutually beneficial agreements.
Tagged Passions:services and emergency

NOW THEREFORE, the parties agree as follows:

1. Term: The term of this Agreement shall begin on July 1, 2018 through June 30, 2038 will be subject to the early termination provisions outlined in

Section 12, Termination.

2. Scope of Services:

Tagged Passions:services

A. The SBCFPD agrees to provide fire protection and emergency medical services to the

Tagged Passions:services and emergency

DISTRICT consistent with the service level criteria described in this Agreement. In providing these services the SBCFPD shall:

Tagged Passions:services

1) Provide fire protection and emergency medical services throughout the DISTRICT in

Tagged Passions:services and emergency

a manner consistent with this Agreement and within the staffing response guidelines established in the jointly adopted Service Level Criteria set

forth in Attachment One, attached hereto and made a part of this Agreement, including the use of both the DISTRICT S and the SBCFPD S vehicles, equipment, apparatus, and sufficient personnel to operate the vehicles, equipment, and apparatus. These services shall be provided subject to the condition that reasonably sufficient vehicles, equipment, apparatus, and personnel shall remain within the DISTRICT to assure adequate fire protection and emergency medical services to the DISTRICT. Under this condition, if the demands of the DISTRICT exceed the services which the SBCFPD can provide, the SBCFPD agrees to use mutual aid agreements as may be necessary to supplement the SBCFPD s vehicles, equipment, apparatus, and personnel.
Tagged Passions:personnel, services, human resources, equipment, mutual aid, and emergency

2) During the term of this Agreement, SBCFPD may find it necessary, in connection

with fire and other emergencies, to utilize certain equipment outside of DISTRICT S limits. At battalion chief s discretion, SBCFPD may do so for a

period not to exceed twelve (12) hours in any twenty-four (24) hour period or repetitive manner that would supersede the intent of this section. In the event that an emergency extends beyond twelve (12) hours, SBCFPD shall obtain approval beyond the twelve-hour (12-hour) period in those instances outside of pre-existing agreements (pre-existing
Tagged Passions:equipment, emergency, and events

Page 12 of 30

Regular Fire Protection District Meeting - June 12, 2018

agreements include Master Mutual Aid, California Fire Assistance Agreement, Assistance for Hire (California Department of Forestry, and the Bureau of

Land Management)). Persons authorized to give approval are the Executive Director of the DISTRICT or his/her designee.
Tagged Passions:Forestry and mutual aid

3) Maintain continuous (twenty-four (24) hours per day, seven (7) days per week) and

uninterrupted fire and emergency medical services which shall at least be consistent with the service level criteria described in this Agreement,

Attachment One. Under no circumstance is the SBCFPD liable to the DISTRICT for an interruption or failure of service caused by acts of God, unavoidable accident, or other circumstances beyond the control of the SBCFPD through no fault of its own.
Tagged Passions:services and emergency

4) Provide the services described in paragraph (2.A.1) of this section, with the following

Tagged Passions:services

provisos:

a. Investigate and coordinate with appropriate law enforcement agency when necessary fire cause and origin within the DISTRICT.

Tagged Passions:public safety

b. Upon request of the DISTRICT, review and propose fire codes, cost recovery, and ordinances for adoption by the DISTRICT.

Tagged Passions:ordinance and building codes

c. Develop and maintain fire prevention and education programs within the DISTRCT including materials for use and dissemination of this information.

Tagged Passions:materials, education, and program

d. Maintain for the DISTRICT, adequate records of activities as may be required by the Insurance Services Office and the California Office of the

State Fire Marshal.
Tagged Passions:services and insurance

e. Participate in mutual aid agreements with fire protection providers that are contiguous with the DISTRICT and establish and maintain automatic aid

agreements in areas in which service might be improved by such agreements so long as it is in the best interests of all parties to do so.
Tagged Passions:mutual aid

f. Take all reasonable steps to maintain all of the DISTRICT s facilities, apparatus, equipment, and its entire system in a good state of repair and

at all times conduct its operations under this Agreement in a safe and professional manner.
Tagged Passions:equipment

g. Participate in the DISTRICT s emergency management planning through the SBCFPD s Fire Chief or designee and commit command staff (Captain level)

to the emergency operations center when activated. Such participation shall include cooperation in emergency preparedness exercises at least annually to exercise the DISTRICT s emergency management plan.
Tagged Passions:emergency and planning

B. The DISTRICT and SBCFPD shall continue to provide and receive reciprocal fire and emergency medical services with respect to Fire Station No. 76

(SBCFPD) and Fire Station No. 77 (DISTRICT).
Tagged Passions:services, emergency, and fire departments and districts

C. The DISTRICT agrees that the SBCFPD shall provide services in accordance with State and Federal laws and the SBCFPD agrees to provide services in

accordance with such laws.
Tagged Passions:services

Page 13 of 30

Regular Fire Protection District Meeting - June 12, 2018

D. The DISTRICT agrees that the SBCFPD shall not be required to duplicate those efforts or services regularly provided by other governmental

agencies, nor shall the SBCFPD be required to provide any services which are or are hereafter specifically reserved by law for any other governmental agency.
Tagged Passions:services

E. The SBCFPD agrees to provide the DISTRICT with regular reports and evaluations of the fire protection and emergency medical response services on a

monthly basis and in a format agreed upon by both entities.
Tagged Passions:services and emergency

F. The SBCFPD agrees to provide quarterly revenue and expenditure reports to the DISTRICT. Financial reports shall provide costs for each DISTRICT

fire station and expenses grouped by: personnel services, materials and services, and capital expenses.
Tagged Passions:materials, personnel, services, financial report, fire departments and districts, and finance

G. The SBCFPD shall keep the DISTRICT informed of all new developments, issues, or concerns related to the efficient delivery of fire and EMS

services of the SBCFPD. The DISTRICT shall keep the SBCFPD informed of all new developments, issues, or concerns related to the efficient delivery of fire and EMS services in the DISTRICT.
Tagged Passions:EMS, services, development, and Development

H. The SBCFPD shall treat demands in all DISTRICT areas covered by this Agreement with the same priority and equality to ensure a consistent standard

of performance and equal service level.
Tagged Passions:equality and performance

3. Compensation:

Tagged Passions:compensation

A. SBCFPD and DISTRICT agree to a contract fee of 29,454,560 for the initial fiscal year. DISTRICT shall pay to SBCFPD monthly installments equal to

one-twelfth of the annual amount each month during the period of this Agreement. Payments shall be due by the fifth day of each month. Payments received after sixty (60) days of due date shall include interest on the outstanding balance. Interest shall be calculated at seven (7) percent simple interest following the 60th day. SBCFPD shall have the right to terminate this Agreement sooner than provided for in Section 12 if DISTRICT does not make timely payments of its obligations hereunder to SBCFPD.
Tagged Passions:contract

B. Following the initial contract year and thereafter, personnel, labor, and benefit costs shall be adjusted annually consistent with SBCFPD

personnel MOUs (Memorandum of Understanding) and other personnel costs; while all other non personnel type budget costs shall adjust annually to allow for a cost-of-living adjustment (COLA) based on the Los Angeles-Riverside-Orange County, CA CPI-U. The preceding January through December CPI-U period shall be used when determining the adjustment but shall not exceed six (6) percent or fall below two (2) percent. Administrative cost related to the execution of this contract will be adjusted annually and cannot exceed 6 . Administrative cost that exceed 6 , must be approved by the DISTRICT.
Tagged Passions:contract, budget, and personnel

C. SBCFPD shall give DISTRICT notice of unanticipated increased costs incurred by SBCFPD in providing the services pursuant to this Agreement. This

Agreement may be amended pursuant to a written agreement signed by both parties to reflect the increased costs to SBCFPD. DISTRICT has the option to terminate this Agreement if the parties cannot agree on the amount of additional costs proposed by SBCFPD, in accordance with Section 13, Renewal . In the event of such termination, SBCFPD shall be paid for all services rendered under the terms set forth in this Agreement until such termination date.
Tagged Passions:services and events

Page 14 of 30

Regular Fire Protection District Meeting - June 12, 2018

D. The DISTRICT and SBCFPD agree to annually review and discuss staffing/service levels six (6) months prior to the next fiscal year and the DISTRICT

shall have the right at any time during the term of this Agreement to request a change in the level of fire protection and emergency medical services provided for herein. Any negotiated change or approved district requested change will take effect in the next fiscal year. In such event, all provisions of this Agreement with respect to compensation paid by DISTRICT shall remain in full force and effect. Any change to staffing levels shall be reflected in compensation amount paid to the SBCFPD by the DISTRICT.
Tagged Passions:services, human resources, compensation, emergency, and events

E. None of the provisions of this Agreement shall be construed to create in the DISTRICT any right, interest, or ownership in any real or personal

property of the SBCFPD during this Agreement.
Tagged Passions:property

F. None of the provisions of this Agreement shall be construed to create in the SBCFPD any right, interest, or ownership in any real or personal

property of the DISTRICT during this Agreement.
Tagged Passions:property

G. If during the term of this Agreement the taxing ability of the SBCFPD and/or DISTRICT is limited by a State-wide ballot measure, Legislative

action, a Court decision, or any other reason, and if, as a result of the tax limitation, the SBCFPD is unable to provide the level of service described in Section 2 above, or if the DISTRICT is unable to pay SBCFPD for the established levels of service, the parties agree to renegotiate this Agreement in good faith.
Tagged Passions:taxes, legal, Taxes, election, and court

H. This Agreement is subject to any applicable constitutional and DISTRICT taxing or debt limitations and is contingent upon the DISTRICT

appropriating funds. If the DISTRICT fails to appropriate the funds necessary for this Agreement, notice as described in Section 19 shall be given and both parties shall immediately negotiate a service transition.
Tagged Passions:taxes, Taxes, and funding

4. Financial Review: SBCFPD shall provide to DISTRICT, each March, the proposed contract

Tagged Passions:contract and finance

cost for the following fiscal year.

5. Audit: DISTRICT or any authorized representative shall have access to any books,

Tagged Passions:audit

documents, and records of SBCFPD which are pertinent to this contract for the purposes of making an audit or examination. All books, records and

supporting detail shall be retained for a period of five (5) years after the term of this agreement. SBCFPD agrees that in the event audit exceptions are determined by appropriate audit agencies, compliance shall be the responsibility of SBCFPD.
Tagged Passions:contract, compliance, audit, and events

6. Legal Advice: The SBCFPD shall consult with the DISTRICT s Executive Director or his/her

Tagged Passions:legal

designee who may authorize contact with the DISTRICT s Attorney when SBCFPD actions are within the DISTRICT boundaries and involve DISTRICT

ordinances, policies, or related issues. SBCFPD shall consult with SBCFPD s attorney when considering action within the SBCFPD. For actions involving both jurisdictions, both attorneys may collaborate as appropriate. Cost of counsel shall be borne by the respective agency.
Tagged Passions:legal and ordinance

7. Employees: During the term of this Agreement, SBCFPD personnel assigned to the DISTRICT

Tagged Passions:personnel

shall be and remain employees of SBCFPD and shall be afforded the rights and benefits, and shall be subject to the obligations of SBCFPD s personnel

rules and policies, and collective bargaining agreements:
Tagged Passions:personnel and union

Page 15 of 30

Regular Fire Protection District Meeting - June 12, 2018

A. The SBCFPD shall be responsible for the existing liabilities incurred prior to July 1, 2018 of this agreement. Liabilities include but are not

limited to the County Retirement System, vacation leave, sick leave, workers compensation claims, and other forms of accrued benefits where applicable.
Tagged Passions:compensation, retirement, and seniors

B. Any outstanding lawsuits, or future lawsuits related to actions that occurred prior to the execution of this agreement are the sole responsibility

of the SBCFPD.
Tagged Passions:legal

C. SBCFPD personnel shall be supervised and be under the direction and control of SBCFPD in performance of their duties. SBCFPD shall deploy

personnel in a manner that meets the service requirements of the SBCFPD and DISTRICT.
Tagged Passions:personnel and performance

D. The DISTRICT reserves the right to request removal/transfer of SBCFPD employees based on substantiated performance issues. The SBCFPD shall make a

good faith effort to accommodate such requests in accordance with existing policies, rules, regulations, and labor agreements of the SBCFPD.
Tagged Passions:regulation and performance

E. SBCFPD will name an individual who will act on behalf of the DISTRICT as the Fire Chief for the DISTRICT. In the event the SBCFPD makes a change

in this assignment, the DISTRICT shall be allowed to participate in the final selection interview process. SBCFPD will make a good faith effort to notify the DISTRICT at least 90 days in advance of making such a change.
Tagged Passions:selection and events

8. Facilities Maintenance: During the term of this Agreement, SBCFPD shall maintain the

DISTRICT s facilities in a state of good repair. SBCFPD shall include these costs as an element of the compensation paid by DISTRICT. The DISTRICT

agrees to be responsible for landscaping maintenance and will deduct the cost of the maintenance from the cost of the contract. DISTRICT agrees to be responsible for all landscape changes and major structural repairs and/or replacements. Major structural repairs and/or replacement shall be defined as major plumbing problems where the slab or a wall must be broken to access, major concrete replacement, major asphalt replacement, roof replacement, apparatus door replacement, and the structural integrity of the building and facility replacement due to fire, flood, earthquake, or any other natural or man made disaster causing the facility to be uninhabitable. DISTRICT shall remain financially responsible for new and replacement facilities. The foregoing shall apply unless the need for such repairs and/or replacements are the result of the negligence or willful misconduct of SBCFPD, in which case SBCFPD shall be responsible for promptly completing and paying for the costs of such repairs and/or replacements.
Tagged Passions:flooding, contract, buildings and grounds, compensation, and facility

9. Fire Apparatus and Equipment Maintenance: DISTRICT hereby leases to SBCFPD the fire

Tagged Passions:leasing and equipment

apparatus and equipment, described in Attachment Two, for the sum of 1 per year for the duration of this Agreement, under the terms and conditions

set forth in this Agreement. DISTRICT shall be listed as owner and SBCFPD shall be listed as the registered owner of fire apparatus. During the term of this Agreement, SBCFPD shall maintain in good repair the apparatus and equipment, and shall be financially responsible for minor maintenance and repairs. The DISTRICT agrees to be responsible for all major apparatus and equipment repairs and/or replacements unless the need for such repairs and/or replacements are the result of the negligence or willful misconduct of SBCFPD, in which case SBCFPD shall be responsible for promptly completing and paying for the costs of such repairs and/or replacements. Major apparatus and equipment repairs shall be defined as engine, transmission, drive train, pump, and tank repairs which exceed 5,000 for fire apparatus and 2,000 for staff vehicles per occurrence (including labor costs). Except as otherwise provided
Tagged Passions:equipment

Page 16 of 30

Regular Fire Protection District Meeting - June 12, 2018

herein, DISTRICT shall remain financially responsible for new and replacement equipment, apparatus, and staff vehicles and shall provide for such in

the DISTRICT s annual budget as approved by DISTRICT s Board. Except as otherwise provided herein , failure to replace equipment on schedule may be cause for the SBCFPD to direct bill the DISTRICT for maintenance related repairs to such identified vehicles. SBCFPD shall include these costs as an element of the compensation paid by DISTRICT.
Tagged Passions:budget, compensation, and equipment

10. Utilities: The cost for operating and maintaining utilities in DISTRICT facilities shall be paid

Tagged Passions:Utility and utility

by SBCFPD, including charges for electricity, gas, telephone, water, refuse disposal, janitorial, maintenance, and any related expenses provided to

the facilities. SBCFPD shall include these costs as an element of the compensation paid by DISTRICT.
Tagged Passions:Utility, utility, compensation, and water

11. Purchasing Program: In order to achieve economies of scale, the DISTRICT may authorize

Tagged Passions:purchasing and program

the SBCFPD to purchase equipment, apparatus and supplies on behalf of the DISTRICT. Recognizing that fire and emergency medical equipment, apparatus

and supplies are specialized for these functions, the DISTRICT agrees to co-ordinate with SBCFPD specifications when the DISTRICT makes these purchases. SBCFPD agrees to conform to the system developed by the DISTRICT financial officer to account for fund transfers, budgeting and identification for inventory.
Tagged Passions:budget, purchasing, recognition, equipment, emergency, and finance

12. Grants, Reimbursements, and Aid: The DISTRICT and SBCFPD shall participate and

Tagged Passions:grant

coordinate efforts to obtain all available grants, reimbursements and related programs to enhance funding for the DISTRICT.

Tagged Passions:program, grant, and funding

13. Emergency Communications: SBCFPD shall pay for subscription and dispatch costs related

Tagged Passions:Communications, communications, emergency, and 911

to fire and emergency medical service communications. SBCFPD shall include these costs as an element of the compensation paid by DISTRICT.

Tagged Passions:Communications, compensation, communications, and emergency

14. Insurance: SBCFPD shall provide vehicle collision and comprehensive coverage through its

Tagged Passions:insurance

JPA Insurance Program. For first party damages resulting in a total loss by SBCFPD use, reimbursement from SBCFPD s JPA Insurance shall be based on a

depreciated value. Each party shall be responsible for providing and maintaining comprehensive insurance as necessary for the ongoing operations of the DISTRICT.
Tagged Passions:insurance and program

15. Identity: Facilities owned and located inside the DISTRICT shall have signage that includes

Tagged Passions:signage and advertising

the DISTRICT marking and corporate seal. Vehicles owned by the DISTRICT shall display a DISTRICT corporate seal, as approved by the DISTRICT in

consultation with the SBCFPD. SBCFPD shall identify it serves the DISTRICT in all promotional and educational materials.
Tagged Passions:materials

16. Transfers: For the initial Fiscal Year of this agreement, July 1, 2018 the SBCFPD shall

transfer to the DISTRICT as follows:

Page 17 of 30

Regular Fire Protection District Meeting - June 12, 2018

A. Existing apparatus and equipment replacement funds as agreed to by DISTRICT and SBCFPD shall be credited to the DISTRICT s fund for replacement of

capital items.
Tagged Passions:equipment and funding

B. Existing termination benefit funds shall become the property of SBCFPD for its liability of employees. SBCFPD shall include termination benefits

cost in the annual cost to DISTRICT and absolve DISTRICT of this liability.
Tagged Passions:property and funding

C. Assets generated within the affected territory including, but not limited to, fund balance and cash on hand.

D. Existing funds for Capital Improvement Projects within the affected territory. E. Assets as agreed to by DISTRICT and SBCFPD in Attachment Two for

use in the
Tagged Passions:capital spending, Capital Spending, and funding

affected territory shall be transferred to the ownership of the DISTRICT.

17. Planning, Coordination, Service Agreement, and Boundary Change: The DISTRICT and SBCFPD agree to cooperate in good faith and participate in all

planning as it relates to the provision of fire and emergency medical services which affect the DISTRICT.
Tagged Passions:services, emergency, and planning

A. Planning Coordination: The SBCFPD shall be notified of all City General and Specific

Tagged Passions:planning

plan amendments, periodic review, and amendments to land-use regulations affecting the DISTRICT. The SBCFPD shall receive the same notice and review

and comment rights as granted the DISTRICT s other interested parties. Upon their request, SBCFPD staff shall be included in public facility planning in the same manner as DISTRICT staff. The DISTRICT shall be notified of all SBCFPD General and Specific Plan amendments, periodic review, and amendments to land-use regulations affecting the DISTRICT. The DISTRICT shall receive the same notice and review and comment rights as granted the SBCFPD S other interested parties. Upon their request, DISTRICT staff shall be included in public facility planning in the same manner as SBCFPD staff.
Tagged Passions:regulation, planning, grant, and facility

B. Service Agreement:

1) DISTRICT and SBCFPD shall plan and coordinate the provision of fire protection

and emergency medical services within the DISTRICT. DISTRICT and SBCFPD shall jointly coordinate with other urban fire and emergency medical service

providers.
Tagged Passions:services and emergency

2) DISTRICT and SBCFPD shall manage and administer fire protection and

emergency medical services, current and future facilities needs, and any changes to boundary or service area.

Tagged Passions:services and emergency

3) This Agreement shall govern the terms of necessary transitions in provision of fire

protection and emergency medical services, ownership of current facilities, and any annexation of service territories pursuant to and based on the

policies of the DISTRICT, SBCFPD, LAFCO, and California State Law.
Tagged Passions:annexation, services, and emergency

18. Indemnification:

A. SBCFPD, to the extent permitted by law, agrees to indemnify and hold harmless the DISTRICT, its officers, agents, employees and volunteers from

any and all claims including employment related claims, actions or losses, damages, and/or liability resulting from SBCFPD s negligent acts or omissions which arise from SBCFPD s performance of its obligations under this Agreement.
Tagged Passions:volunteer, employment, and performance

Page 18 of 30

Regular Fire Protection District Meeting - June 12, 2018

B. The DISTRICT, to the extent permitted by law, agrees to indemnify and hold harmless SBCFPD and its officers, employees, agents and volunteers from

any and all claims including employment related claims, actions, losses or damages and/or liability arising out of the DISTRICT s negligent acts or omissions which arise from DISTRICT s performance of its obligations under this Agreement.
Tagged Passions:volunteer, employment, and performance

C. In the event SBCFPD and/or DISTRICT is found to be comparatively at fault for any

Tagged Passions:events

claim, action, loss or damage which results from their respective obligations under the Agreement, SBCFPD and/or DISTRICT shall indemnify the other

to the extent of its comparative fault.

D. Notwithstanding indemnification for any claim, action losses, or damage to a third

party, the DISTRICT and SBCFPD hereby waive any and all rights of subrogation recovery against each other.

19. Insurance: SBCFPD and DISTRICT are authorized self-insurance public entities for purposes

Tagged Passions:insurance

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.
Tagged Passions:transportation, property, public safety, compensation, insurance, program, and performance

20. Proof of Coverage: SBCFPD shall, within sixty (60) days of commencement of this Agreement,

furnish certificates of insurance or self-insurance to DISTRICT evidencing the insurance coverage including endorsements, above required prior to the

commencement of performance of service hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to DISTRICT, and SBCFPD shall maintain such insurance from the time SBCFPD commences performance of services hereunder until the completion of such services
Tagged Passions:services, insurance, and performance

21. Termination: Neither party may terminate this agreement before June 30, 2028. After June

30, 2028, this Agreement may be terminated by either party as of the 30th day of June of the final ten (10) years of this Agreement by giving

eighteen (18) months prior, written notice to the other party

22. Renewal: DISTRICT agrees to give not less than one (1) year notice to SBCFPD prior to the

expiration of this Agreement if DISTRICT intends to renegotiate Agreement.

A. If the DISTRICT has notified the SBCFPD of its intent to renegotiate this Agreement, the parties agree that prior to the termination of this

Agreement, they shall negotiate in good faith concerning the possible renewal of this Agreement or the making of a new Agreement.

B. If the DISTRICT has notified the SBCFPD of its intent to renew or renegotiate this Agreement and renewal or successful renegotiation has not been

completed before the end of this contract period, this Agreement shall be automatically extended for 90 days to allow continuing negotiations. This Agreement may be extended further by mutual agreement for additional increments up to 90 days.
Tagged Passions:contract

23. Discrimination: The parties agree not to discriminate on the basis of race, religion, color, sex,

Tagged Passions:discrimination and religion

marital status, familial status, national origin, age, mental or physical disability, sexual orientation, or source of income in the performance of

this Agreement.
Tagged Passions:disability and performance

Page 19 of 30

Regular Fire Protection District Meeting - June 12, 2018

24. Waiver of Breach: A waiver of breach of any provision of this Agreement by either party shall


[ See More ]
Council Map

Welcome!

Monitor up to five cities and counties and get alerts when they plan to vote on topics you're passionate about.