Legislation Details

File #: 14924   
Type: Consent Status: Agenda Ready
File created: 9/14/2026 Department: San Bernardino County Fire Protection District
On agenda: 9/22/2026 Final action:
Subject: Agreement with the Consolidated Fire Agencies, a Joint Powers Authority, for Ambulance Transport Services
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REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS

OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

AND RECORD OF ACTION

 

                                          September 22, 2026

 

FROM

DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District 

         

SUBJECT                      

Title                     

Agreement with the Consolidated Fire Agencies, a Joint Powers Authority, for Ambulance Transport Services                     

End

 

RECOMMENDATION(S)

Recommendation

Acting as the governing body of the San Bernardino County Fire Protection District:

1.                     Terminate Agreement No. 24-882 with the Consolidated Fire Agencies, a Joint Powers Authority, effective September 22, 2026.

2.                     Approve Agreement with the Consolidated Fire Agencies, a Joint Powers Authority, including non-standard terms, that allows the San Bernardino County Fire Protection District to provide Advanced Life Support and Basic Life Support Ground Ambulance Services, and Interfacility Critical Care Transport Services within the jurisdiction of the San Bernardino County Fire Protection District, and to receive compensation for such services at specified hourly rates, commencing September 22, 2026, and ending on September 30, 2029.

(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.

Foster Sustainable Development Through Strategic Partnerships.

Provide for the Safety, Health and Social Service Needs of County Residents.

Enhance Readiness for Major Emergency Responses.

 

FINANCIAL IMPACT

Approval of this Agreement will not result in the use of Discretionary General Funding (Net County Cost). Revenue received from the Consolidated Fire Agencies Joint Powers Authority (CONFIRE JPA) during the term of this Agreement will be sufficient to offset the San Bernardino County Fire Protection District’s (SBCFPD) cost of providing Advanced Life Support and Basic Life Support Ground Ambulance Services and Interfacility Critical Care Transport Services (Transport Services) within CONFIRE JPA’s Exclusive Operating Areas. Sufficient revenue and appropriation for this Agreement is included in SBCFPD’s 2026-27 budget and will be included in future recommended budgets.

 

BACKGROUND INFORMATION

CONFIRE is the regional provider of fire and emergency medical dispatch and communications services in the county. CONFIRE JPA is a separate legal entity formed pursuant to a Joint Powers Authority agreement executed between its member agencies as authorized by Government Code section 6500 et seq. SBCFPD is a member agency of CONFIRE JPA.

 

CONFIRE JPA submitted a proposal in response to San Bernardino County’s Request for Proposal (RFP) #ICEMA23-ICEMA-4811 for Transport Services for Exclusive Operating Areas in San Bernardino County. CONFIRE JPA’s proposal included a provision for certain Member and Contract Agencies, including SBCFPD to provide Transport Services. On December 5, 2023 (Item No. 80), the Board of Supervisors selected CONFIRE JPA as the successful bidder and awarded the ground ambulance contract (Agreement No. 23-1282) to CONFIRE JPA for the period commencing October 1, 2024, through September 30, 2029.

 

On September 10, 2024 (Item No. 77), SBCFPD’s Board of Directors approved Agreement No. 24-882 with CONFIRE JPA authorizing SBCFPD to provide transport services within CONFIRE’s Exclusive Operating Areas consistent with Agreement No. 23-1282.  Implementation was delayed due to bid protest litigation challenging the County’s award of Agreement No. 23-1282. The Court of Appeal subsequently reversed the preliminary injunction that had prevented implementation of the agreement. As of the date of this item, no injunction prevents implementation; however, the trial court is reconsidering its prior ruling on the writ petition in light of the appellate court’s decision, and that matter remains under submission. Accordingly, implementation remains subject to further court action.

 

To implement the Transport Services program with updated rates and operational parameters, SBCFPD and CONFIRE JPA propose a new agreement that supersedes Agreement No. 24882 and is coterminous with the expiration date of Agreement No. 231282, which is September 30, 2029. Key updates include but are not limited to the following:

 

1)                     Provision of transport services by SBCFPD personnel using ambulance apparatus and equipment owned by SBCFPD, Priority Ambulance, LLC (Priority), or a combination thereof, as specified in the agreement;

2)                     Authorization for Priorityowned ambulance units to be used in frontline, surge, reserve/backup, mutualaid, or other approved operational roles consistent with SBCFPD’s service commitment and the Scope of Work;

3)                     Defined criteria for frontline deployment, surge deployment, and reserve/backup utilization;

4)                     Updated payment provisions, including hourly unit cost schedules;

5)                     Revised termination clause to include meetandconfer requirements; and

6)                     Updated Exhibit B (Deployment Schedule).        

 

The Agreement also includes the following non-standard contract terms:

 

1.                     Indemnification of CONFIRE and Priority.  The Agreement requires that SBCFPD must defend and indemnify CONFIRE and Priority for claims caused by SBCFPD’s negligent or wrongful acts or omissions. SBCFPD’s obligation to Priority is limited to its proportionate fault and excludes claims caused by Priority or arising from Priority-owned apparatus or equipment.

                     The County standard contract terms generally require the contractor to indemnify the County and SBCFPD and do not require the County or SBCFPD to indemnify the contractor or a third party.

                     Potential Impact: SBCFPD assumes indemnity obligations to both CONFIRE and non-party Priority, although its exposure is limited to claims attributable to SBCFPD.

 

2.                     CONFIRE Indemnification of SBCFPD. CONFIRE must defend and indemnify SBCFPD only for claims caused by CONFIRE’s sole negligent or wrongful acts or omissions.

                     The County standard contract terms generally require indemnification for claims caused by the other party without limiting the obligation to its sole fault.

                     Potential Impact: CONFIRE’s obligation is narrower than SBCFPD’s because it applies only when CONFIRE’s negligence or wrongful conduct is the sole cause of the claim.  It does not apply when fault is shared with SBCFPD or another party.

 

3.                     Insurance Requirements.  The Agreement contains insurance requirements that differ from the County’s standard provisions and County Policy 11-07, including modified requirements for waiver of subrogation, proof of coverage, acceptable insurers, and self-insured retentions, and omission of the County’s standard severability of interests, failure to procure coverage, and insurance review provisions. The Agreement also requires SBCFPD to name CONFIRE as an additional insured and provide primary and non-contributory coverage.

                     The County standard contract insurance provisions contain specified protections addressing coverage, subrogation, self-insured retentions, proof of coverage, severability of interests, failure to maintain coverage, and insurance review.

                     Potential Impact: The modified or omitted provisions may provide different or reduced insurance protections than the County’s standard terms and may impose additional coverage or administrative requirements on SBCFPD.

 

Approval of the recommendations will terminate Agreement No. 24-882, which was never implemented, and replace it with an updated agreement reflecting the current operational, deployment, and compensation terms for SBCFPD’s provision of Transport Services under CONFIRE JPA’s ground ambulance program. SBCFPD recommends the new Agreement, including the non-standard terms described above, as it will allow SBCFPD to begin providing Transport Services on September 22, 2026, while maintaining alignment with CONFIRE JPA’s obligations under Agreement No. 23-1282 with San Bernardino County.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on September 17, 2026; Risk Management (Rebecca Suarez, Director, 386-8723) on September 17, 2026; and County Finance and Administration (Matthew Dalton, Administrative Analyst, 387-5005) on September 4, 2026.