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Home My WebLink About2008 CON Sweetwater Fire Protection District - Fire Protection/Medical ServicesAGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS AGREEMENT is entered into this 7th day of October, 2008, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("LSFPD"). WITNESSETH WHEREAS, the CITY has been providing fire protection and emergency medical services to the LSFPD since entering an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" on November 17, 1998, and WHEREAS, the LSFPD was organized to provide fire protection to its citizens, and WHEREAS, the CITY lies contiguous to District territory and maintains professional fire protection and emergency medical service within its CITY, and WHEREAS, the CITY is willing to provide fire protection, emergency medical and related services to the LSFPD. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the LSFPD. Furthermore, the CITY agrees to include the LSFPD in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition the CITY agrees to provide the following fire prevention related services: Code Enforcement. The LSFPD shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to any additional change to the Uniform Fire Code as Amended on October 1, 2008 taking effect for the LSFPD, a 30-day notice will be provided to the LSFPD, to allow review of the change or amendment. Enforcement procedures shall be developed by the National City Fire Marshal and shall meet with the approval of the National City Fire Chief and the LSFPD Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the Board of Directors. The Board of Directors shall advise the National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an imminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the LSFPD Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Page 1 Code is included as Code Enforcement. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Weed Abatement. Shall be handled on a complaint basis only. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Complaints shall be forwarded to the Chairman of the Board of Directors for review. Complaints requiring further action will be forwarded to the National City Fire Marshal for action. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances. The LSFPD Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the City of National City's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. TERM. This agreement will commence on October 1, 2008 and continue in full force and effect until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. QUARTERLY SERVICE FEE PAYMENTS. For each quarter year during the term of this agreement, commencing on October 1, 2008, and continuing thereafter of each subsequent quarter year (January 1, April 1, July 1, and October 1), the LSFPD agrees to pay the CITY advance quarterly payments for services. The current quarterly total is $42,635.11. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. QUARTERLY SERVICE FEE ADJUSTMENTS. The current Quarterly Service Fee of $42,635.11 shall be adjusted as of October 1, 2008, based upon the percent of any increases in the Consumer Price Index for All Urban Consumers, (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor's Bureau of Statistics during the period of June 30, 2007 — June 30, 2008. The adjusted payment shall be in effect from October 1, 2008 — October 1, 2009. 6. IMPLEMENTATION. The CITY and the LSFPD shall exercise their best efforts to implement the terms and conditions of this agreement. Page 2 7. NO MANDATORY DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein set forth. CITY OF NATIONAL CITY By: on Morrison, Mayor ATTEST: TA 1 Mic ael Dalla, City lerk APPROVED AS TO FORM: !) mac., George H. Eiser, III City Attorney LOWER SWEETWATER FIRE PROTECTION DISTRICT By: Kurt Worden, Chairman Page 3 RESOLUTION NO. 2008 — 215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR THE CITY FOR A MINIMUM AMOUNT OF $170,540.44 PER YEAR TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("Fire District") since March, 1982; and WHEREAS, in 1998, the Fire District proposed that the annual service fee, which is fully recovered, be based on increases in the "Consumer Price Index for all Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS; the City and the Fire District desire to extend the term of the current agreement, which expires on September 30, 2008, until it is terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties; and WHEREAS, the current quarterly total of $41,635.11 will be adjusted on October 1, 2008, based upon the percent of any increases in the CPI during the period of June 30, 2007 through June 30, 2008. The adjusted quarterly payment will be in effect from October 1, 2008 through October 1, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and the Lower Sweetwater Fire Protection District for the National City Fire Department to provide fire protection and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of October, ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 117 George H. Eiser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on October 7, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4;4(4j, City CI rk of the City ofational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-215 of the City of National City, California, passed and adopted by the Council of said City on October 7, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT ` ' MEETING DATE October 7, 2008 AGENDA ITEM NO. 16 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR AT LEAST $170,540.44 PER YEAR PREPARED BY Walter Amedee DEPARTMENT F; (Ext. 4556) EXPLANATION The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since March 1982. In 1998, the Fire District proposed that the annual service fee be based on increases in the "Consumer Price Index for All Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics. Costs for providing these services are fully recovered. The term of the current Agreement will expire on September 30, 2008. It is recommended that a new Agreement be signed and continue in full force and effect until either party exercises the right to terminate the Agreement. The current quarterly total of $42,635.11 will be adjusted on October 1, 2008, based upon the percent of any increases in the CPI during the period of June 30, 2007 — June 30, 2008. The adjusted quarterly payment shall be in effect from October 1, 2008 — October 1, 2009. This agreement may be terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties. Environmental Review I NIA Financial Statement Approved By: Finance Director All costs associated with providing fire and emergency medical services are fully recovered. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. 2. Resolution A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 15, 2008 Mr. Kurt Worden Chairman Lower Sweetwater Fire Protection District Dear Mr. Worden, On October 7th, 2008, Resolution No. 2008-215 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with the Lower Sweetwater Fire Protection District. We are forwarding a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Fire Dept. ® Recycled Paper