FROM:
City Manager's Office
SUBJECT:
Tolling Agreement between the Fontana Fire Protection District and San Bernardino County Fire Protection District.
RECOMMENDATION:
Approve Amendment to Tolling Agreement Dated August 8, 2023, between the Fontana Fire Protection District and San Bernardino County Fire Protection District extending the automatic termination date by an additional 92 days.
COUNCIL GOALS:
• To operate in a businesslike manner by correcting problems immediately.
• To practice sound fiscal management by producing timely and accurate financial information.
• To practice sound fiscal management by fully funding liabilities and reserves.
• To practice sound fiscal management by developing long-term funding and debt management plans.
• To improve public safety by increasing operational efficiency, visibility, and availability.
• To improve public safety by maximizing fire and emergency medical service resources.
• To concentrate on inter-governmental relations by working cooperatively with neighboring jurisdictions.
• To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents.
• To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.
• To concentrate on inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.
DISCUSSION:
San Bernardino County Fire Protection District (SBCFPD) has provided contract fire protection and emergency medical services to the Fontana Fire Protection District (District) since July 2018. Both parties entered into Contract No. 18-357 (Contract) effective July 1, 2018, for said services and the Contract has since been amended annually through Amendments No. 1 through 8.
Upon review of the Contract, the District engaged SBCFPD regarding the overall detailed calculation of the annual fee including certain pension costs. As such, a dispute arose between the District and SBCFPD regarding these costs. In the parties desire to move forward to avoid any interruption in performance under the Contract, and to deter or avoid litigation at that time, the District and SBCFPD entered into a tolling agreement. The terms of the tolling agreement ensured that the period from October 1, 2022 through June 30, 2024, would be excluded from, and not be counted in, the computation of time for the purposes of any statute of limitations, time to sue provisions, or any other time-based limitations or defenses.
At this time, the District and SBCFD are in the process of concluding their discussions on the aforementioned dispute and request to extend the tolling agreement, set to expire on June 30, 2024, for an additional 92 days, thereby extending the tolling agreement through to September 30, 2024.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff’s recommendation.