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Home My WebLink About2010 CON Sweetwater Fire Protection District - Amendment #1 Fire Protection / Medical ServicesFIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 7th day of December, 2010, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH WHEREAS, on September 16, 2008, the CITY and DISTRICT entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" ("Agreement"); and WHEREAS, the CITY has been providing fire protection and emergency medical services to the DISTRICT pursuant to the Agreement since November 17, 1998; and WHEREAS, the DISTRICT was organized to provide fire protection to its citizens; and WHEREAS, the CITY lies contiguous to the DISTRICT territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to continue to provide fire protection, emergency medical and related services to the DISTRICT. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Section 1 of the Agreement is amended as follows: GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT 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/Weed Abatement. The DISTRICT shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to the adoption of the Uniform Fire Code and amendments, the DISTRCT will receive a 30-day notice to allow for review of the Uniform Fire Code and amendments. Enforcement procedures shall be developed by the National City Page 1 Fire Marshal and shall meet with the approval of the National City Director of Emergency Services and the DISTRICT 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 DISTRICT Board of Directors. The DISTRICT 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 DISTRICT Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Code is included as Code Enforcement. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. 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 DISTRICT 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's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. Section 2 of the Agreement is modified by adding the following: TERM. This First Amendment is effective as of October 1, 2010 and shall continue in full force and effect until September 30, 2020, or until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. Section 3 of the Agreement is amended as follows: 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. Section 4 of the Agreement is amended as follows: QUARTERLY SERVICE FEE PAYMENTS. The DISTRICT will provide monthly property tax revenue statements to the CITY. For each quarter year during the term of this agreement, commencing on October 1, 2010, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and Page 2 October 1), the DISTRICT agrees to pay the CITY quarterly payments for services. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. Section 5 of the Agreement is amended as follows: QUARTERLY SERVICE FEE ADJUSTMENTS. Each quarter, the quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. For example, the quarterly service fee that is due on October 1st will be based on adjustments for the quarter (i.e. July, August, and September). The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. 6. Section 6 of the Agreement is amended as follows: EQUIPMENT REPLACEMENT PLAN. The DISTRICT shall pay the City by December 1, 2010 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of $250,000 for FY 2010/2011. The DISTRICT will inform the CITY of changes to the reserve made during the annual budget process. DISTRICT funds in excess of the designated reserve shall be made available to the CITY as equipment replacement funds. Equipment replacement funds paid by the DISTRICT shall be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Equipment replacement funds are separate and distinct from quarterly service fee payments. The Director of Emergency Services will make all recommendations for expenditures of equipment replacement funds subject to City Council approval. Equipment funded by the DISTRICT shall be property of the CITY. 7. Section 7 of the Agreement is amended as follows: IMPLEMENTATION. The CITY and the DISTRICT shall exercise their best efforts to implement the terms and conditions of this agreement. 8. Section 8 of the Agreement is amended as follows: 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. 9. Each and every provision of the Agreement shall remain in full force and effect, unless specifically amended by this First Amendment. Page 3 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: Ron Morrison, Mayor ATTEST: i r2gb Mich el Dalla, Ci Clerk APPROVED AS TO FORM: laudia G. Sil a City Atto LOWER SWEETWATER FIRE PROTECTION DISTRICT By: Kurt Worden, President Page 4 RESOLUTION NO. 2010 — 271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, WHICH PROVIDES FOR NEW GENERAL FUND REVENUE AND EQUIPMENT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("District") since March, 1982; and WHEREAS, in 1998, the City and the District entered into an Agreement for protection and emergency services, which included the District's proposal 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; and WHEREAS, this First Amendment changes the annual service fee by requiring the District to provide monthly property tax revenue statements to the City to pay the City quarterly payments for services, which will be based on 80% of the District's monthly property tax revenue; and WHEREAS, the District also agrees to pay the City for one fully equipped fire engine in the amount of $531,439.13 by December 1, 2010; and WHEREAS, the District agrees that funds in excess of the $250,000 reserves will be made available to the City to purchase new National City Fire Department vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of December, 2010. Ron Morrison, Mayor ATTEST: /r aA c el R. Dalla City Mi Clerk APPROVED AS TQ FORM: dia G Silv City Attorney Passed and adopted by the Council of the City of National City, California, on December 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-271 of the City of National City, California, passed and adopted by the Council of said City on December 7, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 7, 2010 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. The Agreement will also provide new general fund revenue and equipment. (Fire) PREPARED BY: Walter Amedee tt, DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District (DISTRICT) since March 1982. In 1998, the 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. This amendment requires the DISTRICT to provide monthly property tax revenue statements to the CITY. For each quarter year, the DISTRICT agrees to pay the CITY quarterly payments for services. The quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. 'n addition, the DISTRICT will pay the City by December 1, 2010, for one fully equipped fire engine for $531,439.13. the DISTRICT will maintain a reserve balance of $250,000. DISTRICT funds in excess of reserves will be made available to the CITY to purchase new National City Fire Department vehicles and equipment. Equipment purchased by the DISTRICT will be property of the CITY. FINANCIAL STATEMENT: APPROVED?Finance ACCOUNT NO. APPROVED: J✓ MIS Lower Sweetwater Fire Protection District Revenue Account # 001-12125-3555 and Expenditure Account # 001-412-125-519-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign the First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD / COMMISSION RECOMMENDATION: 4TTACHMENTS: 1. First Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 2. Resolution REsovvt�oU Y,o.. ,ao1D- ail OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax LOWER SWEETWATER FIRE PROTECTION DISTRICT Amendment #1 for Fire Protection and Emergency Medical Services Walter Amedee (Fire) Forwarded Copy of Amendment to District