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REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
COUNTY OF SAN BERNARDINO, CALIFORNIA
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
September 9, 2008
FROM: PAT A. DENNEN, Fire Chief/Fire Warden
San Bernardino County Fire Protection District
SUBJECT: AMENDMENT NO. 2 TO AUTOMATIC AID AGREEMENT NO. 06-435
BETWEEN SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
(COUNTY FIRE) AND THE CITY OF REDLANDS
RECOMMENDATION(S)
Approve Amendment No. 2 of Agreement No. 06-435 with the City of Redlands (City) for
reciprocal fire, rescue and emergency medical services, effective September 9, 2008 and until a
mutually agreed upon termination.
(Presenter: Pat A. Dennen, Fire Chief/Fire Warden, 387-5948)
BACKGROUND INFORMATION
On June 6, 2006, the Board of Supervisors approved an Automatic Aid Agreement No. 06-435
between County Fire (previously referred to as County Service Areas 70 and 38) and the City.
County Fire and the City then negotiated an amendment to the Automatic Aid Agreement, which
was designed to mutually benefit both parties and the unincorporated areas of Mentone that were
in the process of being annexed into the City. Based on February 2006 LAFCO
recommendations for Mentone Area Annexations (Items 2989, 2990, 3028 and 3030) to the City,
County Fire will remain first responder under this Agreement continuing to provide fire protection
and other emergency services to the annexed area as described in Exhibit A of the agreement.
This determination was made based on the location of County Fire's Station #9 being one mile
away from the annexed areas, whereas City Fire Station #263 is four miles away. In return for
these services being provided by County Fire to these annexed areas, the City will respond a
truck company to all structure fires within the unincorporated areas of Mentone.
On April 22, 2008 the Board of Supervisors approved Amendment #1 to the Automatic Aid
Agreement between the City of Redlands and County Fire to include LAFCO 3093 (Annexations
88 and 89). Amendment #2 will amend the Automatic Aid Agreement to include LAFCO 3105.
The Agreement is ongoing unless terminated by either party in accordance with the terms of the
Agreement.
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AGREEMENT NO. 06-435 A-2
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DATED' SPnternher(19 2AOR
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FOR OFFICIAL USE ONLY
171 New Vendor Code Dept. Contract Number
Change
�Wrry SC A 06-435 A-2
❑ Cancel
San Bernardino County Fire Protection District Dept. Orgn. Contractor's License No.
Contract Representative Telephone Total Contract Amount
San Bernardino County Fire
Protection District Carol Montag,Division Manager Fiscal Svcs (909)387-5944 $0
Contract Type
FAS
avenue M Encumbered El Unencumbered El Other:
If not encumbered or revenue contract type,provide reason:
STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
$ $
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No Amount
Fund Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal Year
Amendment to Automatic FY Amount I/D FY Amount I/D
Aid Agreement Between
the City of Redlands&
San Bernardino County
Fire Protection District _
THIS CONTRACT is entered into in the State of California by and between San Bernardino County Fire Protection District
hereinafter called the District, and
Name
City of Redlands hereinafter called City
Address
35 Cajon Street
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7600
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)
Agreement No. 06-435 and 06-435 A-1, Section 3 and Exhibit A are hereby amended as follows:
1. Section 3 is amended to read as follows:
3. In addition, the District agrees to provide first response services for all emergency or non-
emergency calls within the areas designated as LAFCO 2989, 2990, 3028, 3030, 3093
and 3105 which have been annexed by City and identified in revised Exhibit "A," attached
hereto and incorporated herein by this reference.
2. Exhibit A is replaced with the attached revised Exhibit A.
Auditor/Controller-Recorder Use Only
O rntr ct t tatia 0 FAS
trrP t Dat: Keyed By
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3. All other terms of said Agreement remain in full force and effect.
IN WITNESS WHEREOF,this Agreement has been executed and approved and is effective and operative as to each of the
parties as herein provided..
San Be ardino Cqu Fire Protection District Ci : Ci Redla s
(Print or ty n e o rporado pan y contractor,etc.)
► By
Dennis Hansberger, ChairmaK, Board of Directors (Aur zed s gnature g nt ink)
Dated: l� 6 U Name N. Enrique Martinez
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated: SEP O'S 2W8 Dated: September 3, 2008
SIGNED AND CE THAT A COPY OF THIS
DOCUMENT VERED TO THE Address 35 Caion Street
CHAIRMA I -B P. 0. Bog 3005
Dene 'th, Secretary Redlands. CA 92373
5e ATTEST:
By Deputy
,.`
C 10 City Clerk ,
C y of Redl , California
Approv 4s to Legal Form Reviewed by Contract Compliance Pre se d t oard for Signature
Coun
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BEST BEST chi KIIIEGER
AT"rORNEY5 AT L NX
INDIAN WELLS SACRAMENTO
(760)568 2617 One Corporate Plaza (916J 325-4000
— 3500 Porsche Way,Suite 200 SAN DIEGO
IRVINE Ontario,California 517645-
(949)263-2604 (615j 52 13W
_ (909)989-8584
LOS ANGELES (909)944.1441 FaX WALNUT CREEK
(213)617-8100 BBK)aw.corn (925)977 3300
RIVERSIDE
(951)686-1450
Clark H.Alsop
r;'o
(909)483-6641
Csark.AlsopObbklaw.eorn
August 27, 2008 r „
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Vt,a MAIL
office l
Daniel .l. McHugh `L t
City Attorney
City of Redlands
35 Cajon Street
Redlands,CA 92373
Re: Conflict of Interest Waiver
Dear Mr. McHugh:
Best Best & Krieger LLP (`'BBK") is Special Counsel to the City of Redlands ("City").
BBK is also General Counsel to the Local Agency Formation Commission for San Bernardino
County. From time to time LAFCO acts on matters affecting the City.
BBK cannot represent LAFC0 on matters that affect the City unless the City and LAFCO
have consented to such representation. Attached is a letter requesting a conflict waiver for a
specific application (LAI��CO 3145). That letter outlines the legal issues that the City needs to
consider in determining to grant a waiver.
The City may consent for BBK to represent LAFCO on future matters affecting the City.
If the City does consent, it may withdraw its consent for any specific application by giving
written notice of such a withdrawal of consent to BBK. In that event, both parties would need to
seek other counsel.
If this proposal is acceptable to the City please sign a copy and return it to me. If you
have any questions please give me a call.
ON 1 AR l«t:-tt sot'2')85,,,
ycr& %@y yours,
Clark H, Alsop
of BEST BEST a KRIEGER EE2
AGREED AND &CCEIP D:
By:_
Dated: 9 �160y 1cla±
Enclosure
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BEsT BEST & KIIIEGER
NriORNLYS,vu Uvo: -SACRAIVEN0
I!N-DiAN'WELLS PQrSche Way (91 6)32b-4000
Suite 2CO SAN DEGO
Ontarb,CA 9'764
(6-,9)
i'j 4 9)2 6 3-2 6M' �GO91 989-8584
(909)944-1441 Fax ',IVA'NU T CHE"�X
LOS ANGELIE's (925)917-330"3
(213",617..8,,00` 86Kaw,com
RVERSIDE
(95i),586-1450
Clark H. Alsop
(909)483-6641
Clark,Alsop@bbklaw.com August 27, 2008
CONFIDENTIAL
ATTORNEY-CLIENT PRIVILEGE
Daniel J. ',vIcHugh
City Attorney
Citv of Redlands
-35 Cajon Street
Redlands, CA 9237 ,
Re: LAFCO 3105 — Reorganization to Include City of Redlands Annexation
No. 90, and Detachment from the Sat) Bernardino County Fire Protection
District and its Valley Service Zone and County Service Area 70,
Improvement Zone P-7 (Jacinto)
Dear Mr. McI-Iu,,,,h:
We have been asked to represent the San Bernardino County Local Agency Formation
Commission (,"LAFCO") regarding LAFCO 3105 — Reorganization to Include City of Redlands
Annexation No. 90, and Detachment from the San Bernardino County Fire Protection District
and its Valley Service Zone and County Service Area 70, Improvement Zone P-7 (Jacinto).
However, as-you know, we also represent the City of Redlands as its Special Counsel.
Accordingly, eve have to inform you about our representation of the San Bernardino Local
Agency Formation Commission, discuss with you the potential impact of our- representation and
obtain your informed written consent.
RULES OF PR0FI.-,SMN,,,\j, CONDUC`F
Rule 3-310 of the California Rules of Professional Conduct provides in pertinent part;
,("I A nlleinber [of the Bar] shall not, without the informed written consent of each
hent,
(I) Accept representation of more than one client in a matter in %vhich the
iy',,'TARIO I
LAW OFFICES OF
BEST BEST & KRIEGER
Daniel J. McHugh, City Attorney
August 27, 2008
Page 2
interests of the clients potentially conflict; or
(2) Accept or continue representation of more than one client in a matter in
which the interests of the client actually conflict; or
(33) Represent a client in a matter and at the same tune in a separate matter
accept as a client a person or entity whose interest in the first matter is
adverse to the client in the first matter.
(D) A member who represents two or more clients shall not enter into an aggregate
seulement of the claims of or against the clients without the informed written
consent of each client.
OUR—REPRESENTATION'
In this matter, we will represent LAFCO in its evaluation of LA CC 3105—
Reorganization to Include City of Redlands Annexation No. 90, and Detachment from the San
Bernardino County Fire Protection District and its Valley Service Zone and County Service Area
70. Improvement Pone P-7 (Jacinto), However, you should know that we are Special Counsel to
the City of Redlands.
ADVERSE CONSFOUENCES,
We are obliged to inform you of any actual or reasonably foreseeable adverse effects of
this representation. it is possible that:
We may be tempted to favor the interests of one client over the other.
We mav, not be able to present the appropriate position, claims or defenses for a
client in order to avoid taking adverse positions to the other client.
We may be restricted from forcefully advocating a client's position for fear of
alienating the other client.
We may be forced to withdraw from representing either or both clients because of
disputes or further conflicts of interest which could increase either or both clients'
attorneys fees and costs.
There may be an appearance of impropriety in our representation of both clients
simultaneously.
YOUR CONSENT
it' you agrce to 0Ur representation of LAFCO in this matter. we need you to sign this
consent lette! l is understood that this consent will, not vvaive any protection that you may have
LAW OFFICES OF
BEST BEST & KRIEGER
Daniel J. %1-lcl-lugh, City Attorney
August 1-7, 2008
Page 3
C�
with regard to attorney-client communications with us in this matter. Those communications
will remain confidential and will not be disclosed to any third party without your consent.
I believe that you are familiar with the factual background in this matter, and I have given
you a sufficiently-detailed description for obtaining informed written consent. However, if YOU
believe that there is any other information that you or I need to have before such consent Call be
granted, please let Me know immediately.
In the event that circumstances chancle or we become aware of' new immediately, and information that
requires a new consent from the parties, you will be notified of that fact I
continued representation will be subject to the informed written consent of involved parties.
I should emphasize that you are entitled to and should consider obtaining an independent
legal opinion regarding is consent form,
_,the advisability of signing this
Your execution of this consent form will constitute an acknowledgment of full disclosure
in compliance with the requirements of Section 3-310 of the California Rules of Professional
Conduct previously quoted in this letter.
A copy of this letter is enclosed for your files. If you have any questions, please do not
hesitate to call.
Sincerely,
Clark H. Alsop
of BEST BEST & KRIEGER LLP
AGREED AND ACCEPTED
By: Date: e-1
-
Daniell. McHugh, City Attorney
City of Redlands
Enclosure
7
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