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HomeMy WebLinkAboutContracts & Agreements_139-2026THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number SAP Number San Bernardino County Fire Protection District Department Contract Representative Telephone Number Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center Grant Number (if applicable) Dan Munsey 909-387-5779 City of Redlands Effective Date to June 30, 2031 AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID BETWEEN SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND CITY OF REDLANDS This Agreement is made and entered into by and between the San Bernardino County Fire Protection District (herein referred to as "SBCFPD") and the City of Redlands (herein referred to as "REDLANDS"). WITNESSETH: WHEREAS, the parties to this Agreement are both legally empowered to provide fire protection and rescue services within their respective jurisdictions; and, WHEREAS, it is in the best interest of the residents of SBCFPD and REDLANDS to provide the most expeditious response to suppress fires and render other emergency services; and, WHEREAS, each party is desirous of providing the other with a reasonable and reciprocal exchange of like fire, rescue, and emergency medical services on a day-to-day basis; and, WHEREAS, each party agrees that this Agreement is not intended to supplement, release, or replace each party's obligation to provide fire protection and rescue services within their respective jurisdiction: and, 1 I:Icmo\AgreementS\Mutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.docx WHEREAS, this Agreement is authorized by provisions of applicable state and federal law. 2 hcmolAgreements%Mutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2726-10.docx NOW, THEREFORE, in consideration of these mutual covenants, the parties agree to undertake aid under the terms, provisions, and conditions hereinafter provided. A. MUTUAL AID: 1. REDLANDS and SBCFPD agree to provide assistance mutually for emergency incidents that do, or may, exceed the receiving party's capabilities. 2. Mutual Aid responses from either party shall include personnel, equipment, material, and supplies such as are usually and customarily used within the sending party's jurisdiction. Responding fire suppression apparatus shall, at a minimum, be staffed with three full-time, paid, professional fire personnel, at least one of whom will be a Paramedic. Medic Squad(s) shall be staffed with a minimum of two full-time, paid, professional fire personnel for Emergency Medical Service (EMS) calls, at least one of which will be a Paramedic. SBCFPD will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within REDLANDS' jurisdictional boundaries. REDLANDS will, upon notification from its primary dispatch facility, and with approval of its Duty Officer, respond with the requested type of emergency equipment to an incident within SBCFPD's jurisdictional boundaries. Resources requested by either SBCFPD or REDLANDS will be priority release as soon as possible by the requesting party. 4. The terms, as listed in Section 3, are conditional upon the availability of resources from the sending agency. Neither SBCFPD nor REDLANDS, in rendering aid to the other, shall be obligated to reduce its own resources to the extent that a situation is created that is detrimental to its citizens. The Chief Officer in charge of the assisting agency shall make such determination. 5. It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation for using its own resources for furnishing fire and/or rescue response within any part of its own jurisdiction, and that the assisting fire department's response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources at the time of the request. If an assisting fire department cannot respond under this Agreement, it must immediately notify the requesting communication center. 6. Details as to amounts and types of assistance to be dispatched, area to be assisted, methods of dispatching and communications, methods of requesting aid, and positions authorized to send and receive such requests shall be recorded in an Operating Plan that is approved and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment "A"). The Parties shall meet annually before July 11 of each year to review and update, if necessary, the Operating Plan. Said Attachment "A" is hereby made a part of this Agreement by this reference. In those instances where an assisting fire department arrives before the jurisdictional fire department, the assisting fire department will take the necessary action dictated by the situation. However, it is assumed that the jurisdictional fire department will arrive shortly after the arrival of the assisting fire department. Thereafter, the responsibility for managing the situation will be immediately assumed by the first arriving chief officer from the jurisdictional fire department upon its arrival at the scene. The assisting fire department personnel will be under the direction of the officer -in -charge of the jurisdictional fire department. It is further agreed that the assisting fire department will be a priority release from the scene as soon as is practical by the jurisdictional fire department. Neither SBCFPD nor REDLANDS shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided, unless specified in another binding agreement. 9. Nothing herein shall preclude either party from making claims to signatories of the State of California Cooperative Agreement for Local Government Fire Suppression (Five -Party Agreement), nor any other reimbursement or claim instrument which may arise during the life of this Agreement, if all other criteria for such a claim have been met. 3 I:\cmo\Agreements\Mutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.docx B. AUTOMATIC AID: 1. Automatic aid shall be limited to the REDLANDS' and SBCFPD's jurisdictional boundaries and the unincorporated areas in the San Bernardino area. Automatic Aid shall adhere to the "closest resource concept" for the agreed -upon call types identified in the Operating Plan and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment 'IA„). 2. SBCFPD will, upon notification from its primary dispatch facility, respond with the pre -identified type of emergency equipment to an emergency incident within REDLANDS' jurisdictional boundaries. This is to be an immediate response, not requiring individual authorization of the Chief Officer, and is to be considered an initial attack resource. Should REDLANDS request additional units, the SBCFPD Chief Officer shall be notified, and that request shall be classified and handled as a "mutual aid" request. 3. REDLANDS will, upon notification from its primary dispatch facility, respond with the pre -identified type of emergency equipment to an emergency incident within SBCFPD's jurisdictional boundary. This is to be an immediate response, not requiring individual authorization of the Chief Officer, and is to be considered an initial attack resource. Should SBCFPD request additional units, REDLANDS' Chief Officer shall be notified, and that request shall be classified and handled as a "mutual aid" request. 4. Details as to amounts and types of assistance to be automatically dispatched, methods of dispatching, and communications shall be recorded in an Operating Plan and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment "A"). The Parties shall meet annually before July 111 of each year to review and update, if necessary, the Operating Plan. 5. The terms, as listed in Sections 1 through 4 above, are conditional upon the availability of resources from the sending agency. Neither party, in rendering aid to the other, shall be obligated to send resources that are previously committed to incidents in progress, or to the extent that a situation is created that is detrimental to its citizens. The Chief Officer in charge of the assisting agency shall make such determination. 6. In those instances where an assisting fire department arrives before the jurisdictional fire department, the assisting fire department will take the necessary action dictated by the situation. However, it is assumed that the jurisdictional fire department will arrive shortly after the arrival of the assisting fire department. Thereafter, the responsibility for managing the situation will be immediately assumed by the first arriving chief officer from the jurisdictional fire department upon its arrival at the scene. The assisting fire department personnel will be under the direction of the chief officer -in -charge of the jurisdictional fire department. It is further agreed that the assisting fire department will be released from the scene as soon as is practical by the jurisdictional fire department. 7. It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation for using its own resources for furnishing fire response within any part of its own jurisdiction, and that the assisting fire department's response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. If an assisting fire department cannot respond under this Agreement, it must immediately notify the jurisdictional communication center. 8. Neither SBCFPD nor REDLANDS shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of materials, damage to equipment, or liability, or claims incurred which may occur in the course of rendering assistance herein provided for. C. CLOSEST RESOURCE CONCEPT: 1. SBCFPD and REDLANDS agree to participate in the "closest resource concept" for the agreed -upon call types identified in the Operating Plan and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment "A" ). For purposes of this Agreement, "closest resource concept" shall mean the use of the closest, most appropriate fire unit regardless of jurisdiction. 2. Details as to amounts and types of assistance to be automatically dispatched under "closest resource concept", methods of dispatching and communications, as well as agreed upon call types shall be recorded in an Operating 4 I: erno\Agreements\Mutual Aid Agreement. Fire,SBCounty.07.09.2026.bm.FY2728-10.docx Plan and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment "A"). The Parties shall meet annually before July 1 s' of each year to review and update the Operating Plan, if needed. REDLANDS agrees to indemnify, defend (with counsel reasonably approved by SBCFPD) and hold harmless SBCFPD and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by REDLANDS, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of REDLANDS and for any costs or expenses incurred by SBCFPD on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. REDLANDS' indemnification obligation applies to SBCFPD's "active" as well as "passive" negligence but does not apply to SBCFPD's "sole negligence" or "willful" misconduct within the meaning of Civil Code Section 2782. 2. SBCFPD agrees to indemnify, defend (with counsel reasonably approved by REDLANDS) and hold harmless REDLANDS and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by SBCFPD, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of SBCFPD and for any costs or expenses incurred by REDLANDS on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. SBCFPD's indemnification obligation applies to REDLANDS' "active" as well as "passive" negligence but does not apply to REDLANDS' "sole negligence" or "willful" misconduct within the meaning of Civil Code Section 2782. E. COMPARATIVE FAULT: In the event that SBCFPD and REDLANDS are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, SBCFPD and or REDLANDS shall indemnify the other to the extent of its comparative fault. F. INSURANCE: SBCFPD and REDLANDS are authorized self-insurance public entities for purposes of Professional Liability, General Liability, Automobile Liability, Workers' Compensation, and Property Damage, and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this Agreement. At no time shall the employees of one party be considered the employees of the other. G. DISCRIMINATION: The parties agree not to discriminate on the basis of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, or source of income in the performance of this Agreement. H. WAIVER OF BREACH: A waiver of breach of any provision of this Agreement by either party shall not operate as a waiver of any subsequent breach of the same or any other provisions of this Agreement. I. APPLICABLE LAWS: At all times during the term of this Agreement, SBCFPD and REDLANDS shall comply with all applicable laws, ordinances, rules, and regulations of the United States of America, the State of California, including all agencies and subdivisions thereof. 5 I: lcm6AgreementslMutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.docx J. GENERAL PROVISIONS: Unless otherwise specifically prescribed in this Agreement, the following provisions shall govern its interpretation and construction. 1. When consistent with the context of the Agreement, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. 2. Time is of the essence of this Agreement. Neither SBCFPD nor REDLANDS shall be relieved of its obligation to comply promptly with any provisions of this Agreement by any failure of the other party to enforce prompt compliance with any of its provisions. 3. Every duty and every act to be performed by either party imposes an obligation of good faith on the party to perform such. 4. This Agreement sets forth the entire agreement and understanding between SBCFPD and REDLANDS with respect to the subject matter of this Agreement. Neither party may assign the Agreement without the written approval of the other party. K. TERM: 1. The term of this Agreement shall be from the date it is signed and approved by SBCFPD and REDLANDS ("Effective Date') through June 30, 2031. 2. Either party may, by written notice to the other party, terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, specifying the effective date thereof, and at least ninety (90) days after the date of such notice. L. NOTICE: MISCELLANEOUS: 1. All notices, reports, or demands required to be given in writing under this Agreement shall be deemed to be given when delivered personally to the person designated below, or his successor, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid, or on the next addressed business day if sent by express mail or overnight air courier to the party to which the notice is being given, as follows: SBCFPD: San Bernardino County Fire Protection District Attention: Fire Chief/Fire Warden 598 S. Tippecanoe Ave., 2nd Floor San Bernardino, CA 92415-0451 REDLANDS: City of Redlands Attn: Fire Chief 35 Cajon Street, Suite 12 Redlands, CA 92373 Either party, upon written notice, may change such addresses to the other party given as provided in this section. 2. It is understood that this Agreement will in no way affect or have any bearing on the existing California Master Mutual Aid Agreement. M. CAPTIONS: The paragraph captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 6 I:lcmo\Agreements\Mutual Aid Agreement. Fire.SBCounty.07,09.2026.bm.FY2728-10.docx N. REPRESENTATIVES: "REDLANDS' Representative" — REDLANDS hereby designates REDLANDS' Fire Chief, or his or her designee approved by the City Manager, to act as its representative for the performance of this Agreement. REDLANDS' Representative shall have the power to act on behalf of REDLANDS for all purposes under this Agreement. REDLANDS' Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures, and for the satisfactory coordination of all portions of the services under this Agreement. 2. "SBCFPD's Representative" — SBCFPD hereby designates the SBCFPD's Fire Chief/Fire Warden or his designee to act as its representative for the performance of this Agreement. SBCFPD's Representative shall have the full authority to represent and act on behalf of SBCFPD for all purposes under this Agreement. SBCFPD's Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures, and for the satisfactory coordination of all portions of the services under this Agreement. O. VENUE: The venue of any action or claim brought by any party to the Agreement will be the Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court that would allow them to request or demand a change of venue. If any action or claim concerning the Agreement is brought by any third -party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County. P. SIGNATURE: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. 7 I: 1cmo\Agreements\Mutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.docx 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 BERNARDINO COUNTY FIRE PROTECTION DISTRICT Dawn Rowe, Chair, Board of Directors Dated: SIGNED AND CERTIFIED THAT COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD Lynna Monell, Secretary By Deputy FOR COUNTY USE ONLY Approved as to Legal Form Rick Luczak, Deputy County Counsel Date CITY OF REDLANDS (Print 'ortype nnaame ofcorporati , company, contractor, etc.) By r Y * (Authorized signature - sign in blue ink) Name Mario Saucedo (Print or type name of person signing contract) Title Mayor (Print or Type Dated: / 2 2 "z 6 Address 35 Cajon Street, Suite 4 Redlands, CA 92373 ATTEST: Jea Donaldson, City Clerk for Contract Compliance by Department lAcmolAgreementsVutual Aid Agreement. Fire. SBCounty.07.09.2026.bm.FY2728-10.docx OPERATING PLAN BETWEEN SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND CITY OF REDLANDS Attachment "A" Operating Plan INTRODUCTION The purpose of this Operating Plan is to define the process for implementing the Automatic and Mutual Aid Agreement (collectively referred to as the "Agreement" or "Plan"). This Plan consists of: Automatic Aid REDLANDS shall provide Automatic Aid to SBCFPD within the S13CFPD's jurisdictional boundary in the City of San Bernardino and the unincorporated areas of SBCFPD that are surrounding or adjacent to REDLANDS. Automatic aid shall adhere to the "closest resource concept" for the agreed -upon call types identified in the Operating Plan and signed by the Fire Chiefs of SBCFPD and REDLANDS (Attachment "A"). REDLANDS shall provide the same type and level of service provided to its area on initial alarms. Resource needs beyond the initial alarms shall be the responsibility of SBCFPD. Responding fire suppression apparatus shall, at a minimum, be staffed with three full-time, paid, professional fire personnel, at least one of whom will be a Paramedic. Medic Squad(s) shall be staffed with a minimum of two full-time, paid, professional fire personnel for EMS calls, at least one of which will be a Paramedic. SBCFPD shall provide Automatic Aid to REDLANDS within REDLANDS' jurisdictional boundary. Automatic aid shall adhere to the "closest resource concept" for the agreed -upon call types identified in the Operating Plan and signed by the Fire Chiefs of the SBCFPD and REDLANDS (Attachment "A"). SBCFPD shall provide the same type and level of service provided to its area on initial alarm. Resource needs beyond this initial response shall be the responsibility of REDLANDS. Responding fire suppression apparatus shall, at a minimum, be staffed with three full-time, paid, professional fire personnel, at least one of whom will be a Paramedic. Medic Squad(s) shall be staffed with a minimum of two full-time, paid, professional fire personnel for EMS calls, at least one of which will be a Paramedic. II. Closest Resource Concept SBCFPD and REDLANDS agree to participate in the "closest resource concept" to the extent identified in this Agreement. The resources dispatched to an incident type under this agreement will be dispatched according to the requesting agency's response plan built in CAD and approved by the sending agency's Chief Officer. Response plan updates that may affect the other Party shall not be made without review and approval of the affected Party's Fire Chief. Without specific approval from the sending agency, response plans shall not be built to request more than two (2) of the closest resource units for any single incident. Closest resource units may include Type 1 and Type 3 Engines, but not more than one (1) Ladder Truck or Water Tender. Resource needs beyond the closest resource concept shall be handled under Mutual Aid. It is agreed that SBCFPD or REDLANDS, by the Fire Chiefs or their designee, shall have the authority to jointly make day-to-day operational updates to the response plans of the agreed -upon call types, and these updates are conditional upon the availability of resources from the assisting party. Notifications of any operational updates will be sent to both agencies and any affected dispatch centers. III. Mutual Aid Any request beyond Automatic Aid or "closest resource concept" shall be Mutual Aid. Immediately upon receiving a Mutual Aid request, the sending agency's dispatch center shall contact the sending agency's Chief Officer to approve or deny the request. Mutual Aid boundaries are at the discretion of the sending agency's Chief Officer. IV. Types of Mutual Aid Equipment May include Type 1 Engines, Type 3 Engines, Ladder Trucks, Water Tenders, and Hand Crews. 9 I: emolAgreementslMutual Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.doex V. Additional Equipment This Agreement excludes Aircraft, Technical Rescue Units, Hazardous Materials Units, or Overhead Personnel, which may be requested under California Master Mutual Aid (MMA) or Assistance by Hire (ABH), and subject to approval by the sending agency. VI. Incident Response Automatic and closest resources will be the closest and most appropriate as determined by the sending agency's dispatch center. Mutual Aid resources will be the closest, most appropriate, as determined by the providing agency's Chief Officers. VII. Incident Communications Units shall be dispatched on their agency standard frequency. While en route, the jurisdictional dispatch center will establish the appropriate command and tactical frequencies. If an incident requires it, the responding unit shall also be capable of operating on 800 MHz LPTAC9 or appropriate VHF mutual aid frequencies. Vill. Incident Management All incidents will be managed under the Incident Command System (ICS). Dan Munsey, Fire Chief Rich Sessler, Fire Chief San Bernardino County Fire Protection District City of Redlands Date Date 10 1:1cmo\AgreementslMutua1 Aid Agreement. Fire.SBCounty.07.09.2026.bm.FY2728-10.docx