HomeMy WebLinkAboutHopland Fire District 2012-08-15 ,
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I
1 AGREEMGN"C
2 for
3 ADMINIS"I'RA'170N OP SERVICES
4 between
5 THE HOPLAND and UKIAH VALLEY FIRE DISTRIC'f �i
6 and
7 UKIAH CITY FIRF. DF,Pi1RTMEN7'
8
9 7'his Agreement is made and entered into this =- � of -/ 2012,
10 by and betwcen the Hopland Fire District (hereafier IIOP), the Ukiah Valle�District
11 (hereafter UKV) and the Ukiah of City in connection with operation of its 1'ire Department
' 12 (hereafter UI�D), all three independent government entities created under the laws of the State of
13 California.
14
15 1. DEFINITIONS:
16
v (a) As used in this Agree�nent, the term "administration of fire services" shall mean
18 all activities and functions exercised by the UFD in conducting its business under
19 authorization of statutes, regulations, ordinances, codes, rules, policies and
20 procedures. I
21
' 22 2. YAR1'IES:
23
24 HOP and UKV are duly established and existing legal entities and fire protection
25 districts existing pursuant to Sections 13800, et seq. of the Hcalth and Safety Code of
26 the State of California. The City of Ukiah is a general law municipal corporation
27 which operates a fire depariment pursuant to Sections 38600, et seq. California
28 Government Code. F,ach agency has the authority to enter into contracts with other �
' 29 public agencics, for purposes of providing services, including but not limited to, the �
3o field of administration.
31
32 3. 7'ERM OP TIIE AGREEMENT: I
33 � �' �I
34 '1'his agreement shall become effective on /S � �� 012, and shall remain in
35 force unless terminated pursuant lo the provisions of this '�reement.
36
37 4. PURPOS�AND IN1'ENT OI� PARTI�S: i
38
39 This Agreemcnt is consistent with the desires of all parties to explore a coordinated I
40 system of providing for the administration of fire services within the jurisdictions of ��i
41 HOY, UFD and UKV, which could enhance public safety, convenience, economy and '�
42 general welfare. I
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1 5. HOP OBLIGATIONS:
2 �
3 (a) I�OP agrees to provide its 1'ire Chief, (hereafter CHIEF), to provide i
4 administration of fire scrvices for HOI', UI�D and UKV. The CHIEF shall be
5 dccmed to be the Firc Chief for the UPD, UKV and I�OP for purposes required by
6 law. '1'he CI�IEF will equally devote his entire productive time, ability and
7 attention to the business of IIOP, UKV and UFD during the term of this
8 Agreement.
9 '
10 (b) 7'he CI IIEF shall be an employee of HOP, shall be governed by and operate under
' 11 the rules, regulations, policies, procedures and employment agrcements of HOP.
12 The CHIEF will report directly to the Ukiah City Manager while performing I�ire
13 CHILI' services for UFD and will be governed by and operate under the rulcs, ,
14 regulations, policies and procedures of the UI�D during that time. (The Ukiah
15 Dircctor of Yublic Safety shall continue to report to the Ukiah City Manager, and
16 work with the CHIL'P, on issues relating to fire and ambulance administration,
17 including budgetary decisions, dispatching services, and future plaiming for
18 coniracting of services or a future .1PA agreement.)
19
' 20 (c) HOP shall be responsible for salaries and employce benefits provided to its Pire
21 Chief and with responding to claims as provided in Title 1, Division 3.6 of the
22 Califomia Govcrnment Code, includin �, but not limited to, Part 7, commencin
6 S
23 with Section 995.
24
25 (d) 1IOP shall provide Workers' Compensation lnsurance coverage for its Firc Chicf.
26
, 27 6. UPD OBLIGATIONS:
28
29 UFll shall take aIl stcps required to delegate full authority for administration of fire
30 service for the UFD to the CHIGI� during the entire term of this Agreement. The Ukiah
31 Dircctor of Public Safcty shall report to the Ukiah City Manager, and work with the
32 CIIIEF, on issues relating to fire and ambulance administration, including budgetary
33 decisions, dispatching services, and future plannin� for contracting of services or a luture
34 JPi1 agreement
35
36 (a) UFD shall furnish all equipment, supplies, records, reports, and facilities necessary
37 for the CHILF to perfonn administration or fire sc�vices for UFD. UFD shall
38 rcimburse HOP $3500.00 per month as its total share of the costs Cor the services of
39 the CHILF.
40
41 (b) LIFD shall maintain during the tenn of Chis Agreement thc cquivalent oC I
42 comprehensivc liability insurance coveragc through its membership in the Redwood
43 Municipal Insurance Pund (`'RCMIF") at a level equal to or greater than its cun•ent
44 scope of coverage and policy limits, which names IIOP and UKV as additional �
45 insweds.
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� z 7. I IOLD IIARMLESS: �
3 ;
4 (a) UFD shall hold harmless, and shall indenmify HOP and UKV, its Fire Chie1; I
5 officers, employees and agents, from any and all wsts, damages claims, fees i
6 (including attorney fees or other courl related wsts or expenses) or other losses
i 7 arising out of or in any way related to incidents involving only the UFD, which
8 occurred prior to the effective date of this Agreement. In the event of any such
9 claims or lawsuits. UFD agrees to resist and defend said claims or lawsuits by
' 10 counsel reasonably satisfactory to IIOP and UKV.
11
12 (b) UFD shall hold harmlcss, and shall indemnify HOP and UKV, its Pire Chief,
13 officers, employees aud agents, Srom any and all costs, damages claims, fees
14 (including attorney fees or other court related costs or expenses) or other losses
15 arising out of or in any way related to acts or omissions of the CHIGF in the
16 perfonnance of those duties and runctions of the Pire Chief of UFD as dcicgated
17 by the Ukiah City Manager, or arising out of or in any way related to those acts or I
� 18 omissions connected with the adminisYratio�� of fire services for UFD; except any
19 acts or omissions of the CHILP performed at tl�e direction of the IIopland Board
I 20 of Directors. In the event of any such claims or lawsuits. UFD agrees to resist and
i 21 defend said claims or lawsuits by counsel rcasonably satisfactary to IIOP and
22 i1KV.
23
24 (c) HOP and UKV shall hold hannless, and shall indcmnify UFD its officers, agents I
25 and employees from any and all wsts, damages claims, fees (including attorney
26 fees or other related costs or expenses) or other losses arising out of or in any way
27 related to incidents involving only HOP and/or UKV occurring prior to the
28 effective date of this Agreement, or arising out of or in any way related to acts or
29 omissions of the HOP or UKV Board of Uirectors or any HOP or UKV employee
30 in the performance of their job or dutics on bchalf of HOP or UKV or as directed
31 by the HOP or UKV 13oard of Directors, except those jobs or duties performed on
32 behalf of UFD in accordance with this Agreement or as directed by the Ukiah
33 City Manager. HOP or UKV agrees to resist and defcnd said claims or lawsuits
34 against U1�D by counsel ceasonably satisfactory to UFD.
35
36 (d) liach party (HOP, UKV and U1�U) shall providc thc other party with satisfactory
37 evidence that the other party has been named as an additional insured or covered
� 38 party under indemnifying party's public liability insurancq if the indemnifying
39 party is insured by an iusurance company, or memorandum of coverage, if the
40 inde�nnifying party is insured by a joint powers agency.
41
' az s. �rr:RMiNa�rioN:
43 Gither party may terminate this Agrecment upon providing the parry with thirty (30)
, 44 days written notice of its intent to terminatr, provided, however, that the obligatioils '�
45 under paragraphs 6(c) and 7 shall remain in cffect after said termination with respecl
46 to claims arising from acts or omissions occurring during the term of this Agreement.
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2 9. SAVINGS CI,AUSE:
3 In the event any part of' this Agreement is declared im�alid or unenforceablc by a I
4 couri of competent jurisdiction, the remaindcr of this Agreement shall be and remain
5 in full force and effect unlcss the deletion of the invalid or unenforceable porlion
6 frustratcs the purpose and intent of this Agreement.
7
8 THE PARTIES II�RL:7'O have cxecuted ihis Agreement on tl�e date specificd.
I 9
10 BOARD OP DIREC'I'ORS I30ARD OF DIRGC7'ORS UKIAH CITY MANAGF,R
11 OF TlIL HOPLAND FIRL, OF THF, UKIAI I VALLEY UKIAH PIRL; UGPARTMENT I
12 DIS1'KIC'I' DISTRICT
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14 �
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15 �, �/ l + -, _"�k�-- ���
16 o ert , son, President Jerr Buzz , President Jane Charpbers, City Manager
17 �/ �^ � /
18 U � C,`,' ` � S . I�Z/ ! � d'''�L� l�v
I 19 Dat Date Date
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12116/2016 11:15 7074622938
UKIAH VALLEY FIRE
Hopland Fire Protection District
FIRE Ch11EF JOHN BARTLETT
P.O. BOX 463
HOPLAND, CA 95449
PHONE: (707) 744-1222
FAX: (707) 744-1198
WEBSITE: www.hopiandfire.org
December 15, 2016
City of Ukiah
300 Seminary .Ave
Ukiah CA 95482
Attn: Sage Sangiacomo„ City Manager
PAGE 01/01
This letter will serve as the thirty (30) day notification of the intention of Hopland Fire
Protection District to terminate the agreement with City of Ukiah to provide
Administration of Fire Services to City of. Ukiah.
The effective date of the termination will be January 15, 2017 or sooner if deemed
necessary.
This action was taken at the Hopland Fire Protection District Board of Directors meeting
held December 15, 201.6.
Hopland Fire Protection District Board of Directors
By:
Karyn. Abshire
District Clerk