CITY OF FONTANA REGULAR FIRE PROTECTION DISTRICT MEETING
June 12, 2018 Grover W. Taylor Council Chambers
8353 Sierra Avenue Fontana, CA 92335
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.
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
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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.
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:
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.
The new agreement maintains the same level of service that the current agreement
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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.
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:
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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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.
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.
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.
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.
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.
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.
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.
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
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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.
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.
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.
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.
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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.
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
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.