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Home My WebLink About2020 CON Lower Sweewater Fire Protection District - Fire Protection & Emergency Services - 2nd AmendmentSECOND AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS SECOND AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 1sT day of October 2020, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH 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, 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, a First Amendment to the Agreement was executed on October 1, 2010 extending the term of the agreement to September 30, 2020; 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 PROVISIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITYs 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 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 Depart vent shall be investigated and a written report submitted to the DISTRICT Board of Directors. The DISTRICT Board of Directors shall advise the Page 1 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 pemnits 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 Second Amendment is effective as of October 1, 2020 and shall continue in full force and effect until September 30, 2030, 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, 2020, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and 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, 2020 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of Page 2 $250,000 for FY 2020/2021. 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 Second Amendment. 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 ATTEST: 4%I ael alla Cit y ty erk LOWER SWEETWATER FIRE PROTECTION DISTRICT By: a Sotelo-Solis, Mayor 'Kurt Worden, President APPROVED AS TO FORM: Page 3 RESOLUTION NO. 2020 - 183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT TO THE AGREEMENT BY EXTENDING THE TERM TO SEPTEMBER 30, 2030 FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT 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, on September 18, 2008, the City of National City ("City") and the District entered into an Agreement; and WHEREAS, the First Amendment was approved on October 1, 2010, extending the term of the Agreement to September 30, 2020; and WHEREAS, the Second Amendment further extends the Agreement from October 1, 2020 to September 30, 2030; and WHEREAS, the City currently collects 80% of the Fire Assessment fee collected by the County to provide for fire protection; and WHEREAS, City staff recommends the 10 year term to allow for long range planning and is consistent with current EMS State regulations that allow for 10 year terms in regards to EMS services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to sign the Second Amendment to the Agreement by extending the term to September 30, 2030 for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Mich() , ity Clerk el R. Dalla APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on October 6, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-183 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2020. qfi j City Cle k of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENT A STATEMENT ff+lR--Lfp ) MEETING DATE: October 6, 2020 AGENDA ITEM NO. 5 BEM TITLE: 'Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 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. On September 18, 2008, the City and the District entered into an Agreement, which the First Amendment was approved on October 1, 2010, extending the term of the agreement to September 30, 2020. This Second Amendment further extends the Agreement from October 1, 2020 to September 30, 2030. The City currently collects 80% of the Fire assessment fee collected by the County to provide for Fire protection. The City feels that the 10 year term allows for long range planning and is consistent with current EMS State regulations that allow for 10 year terms in regards to EMS services. The contract also provides for any revenue in excess after two years of reserve can be used for an equipment replacement fund for the National City Fire Department. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Lower Sweetwater Fire Protection District Revenue Account # 001-12125-3555 and Expenditure Account # 001-412-125-519-0000 yearly revenue for FY-20 was $289,242.46 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 2. Resolution e Z02rI - /8� SECOND AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS SECOND AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 1sT day of October 2020, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH 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, 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, a First Amendment to the Agreement was executed on October 1, 2010 extending the term of the agreement to September 30, 2020; and WHEREAS, the DISTRICT was organised 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: Section 1 of the Agreement is amended as follows: GENERAL PROVISIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITYs 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 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 Page 1 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 Second Amendment is effective as of October 1, 2020 and shall continue in full force and effect until September 30, 2030, 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, 2020, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and 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, 2020 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of Page 2 $250,000 for FY 2020/2021. 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 Second Amendment. 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 LOWER SWEETWATER FIRE PROTECTION DISTRICT By: By: Alejandra Sotelo-Solis, Mayor urt Worden, ' esident ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney Page 3 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT TO THE AGREEMENT BY EXTENDING THE TERM TO SEPTEMBER 30, 2030 FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT 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, on September 18, 2008, the City of National City ("City") and the District entered into an Agreement; and WHEREAS, the First Amendment was approved on October 1, 2010, extending the term of the Agreement to September 30, 2020; and WHEREAS, the Second Amendment further extends the Agreement from October 1, 2020 to September 30, 2030; and WHEREAS, the City currently collects 80% of the Fire Assessment fee collected by the County to provide for fire protection; and WHEREAS, City staff recommends the 10 year term to allow for long range planning and is consistent with current EMS State regulations that allow for 10 year terms in regards to EMS services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to sign the Second Amendment to the Agreement by extending the term to September 30, 2030 for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney