REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
June 25, 2024
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Amendment to Tolling Agreement with Fontana Fire Protection District for Fire Protection Related Pension Costs
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District, approve Amendment No. 1 to Tolling Agreement No. 23-885, with the Fontana Fire Protection District, extending the terms for 92 days, through September 30, 2024, where the time period of October 1, 2022 through September 30, 2024, shall be excluded from and not be counted in the computation of time for the purposes of any time-based limitations or defenses arising out of or in connection with a dispute over certain pension costs that are payable by the Fontana Fire Protection District to the San Bernardino County Fire Protection District, pursuant to Revenue Agreement No. 18-354.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of Amendment No. 1 (Amendment) to Tolling Agreement No. 23-885 (Tolling Agreement) will not result in the use of Discretionary General Funding (Net County Cost) as this is a non-financial agreement.
BACKGROUND INFORMATION
On June 26, 2018 (Item No. 80), the Board of Directors (Board) approved Revenue Agreement No. 18-354 (Agreement), allowing the San Bernardino County Fire Protection District (SBCFPD) to provide fire protection and emergency medical services to the Fontana Fire Protection District (District) for a term of 20 years, ending on June 30, 2038.
A dispute has arisen between the District and SBCFPD with regards to certain pension costs, which are included in the calculation of the annual compensation that is payable by the District to SBCFPD, pursuant to the Agreement.
On August 22, 2023 (Item No. 84), the Board approved the Tolling Agreement, a contract between the District and SBCFPD that suspends the time the parties would have to bring an action against each other regarding the dispute pursuant to the terms of the Agreement. The Tolling Agreement expires June 30, 2024.
The District and SBCFPD desire to enter into the Amendment to the Tolling Agreement to extend the terms for 92 days, through September 30, 2024, where the time period of October 1, 2022 through September 30, 2024, shall be excluded from and not be counted in the computation of time for the purposes of any time-based limitations or defenses arising out of or in connection with a dispute over certain pension costs that are payable by the District to SBCFPD, pursuant to the Agreement.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5455) on June 20, 2024; Finance (Ivan Ramirez, Administrative Analyst, 387-4020) on June 14, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on June 14, 2024.