HomeMy WebLinkAboutUkiah Valley Fire District 2012-08-15� . ogisi� �
i a.GxELMFrr�r
2 ror ,
3 ADMINISTRA"I'ION OI' SERVICES I
4 between
5 TIIE HOPLAND and UKIAH VAI.LF,Y FIRL DISTRICT
6 and I
7 UKIAH CITY FIRF. DF;PARTMENT
$ �o
9 This Agreement is �nade and entered into this `_- � of- ,, 2012,
10 by and between the Hopland Pire District (hercafter HOP), the Ukiah Valle�District
11 (hereaftcr iJKV) and the Ukiah of City in connection with operation of its Fire Department
12 (hereafter UI'D), all three independent government entitics created under thc laws of the State of
13 California.
14
� 15 1. DGPINITIONS:
16
17 (a) As used in this Agreement, the term "administration of fire services" shall mean
18 all activities and functions exercised by the UPD in conducting its business undcr I
19 authorization of statutes, regulations, ordinances, codes, rulcs, policies and
20 procedures. I
21
22 2. PARTIES: �
23
24 IIOP and UKV arc duly established and existing legal entities and fire protection i
25 disYricts existing pursuant to Sections ]3800, et seq. of the Health and Safety Code of
26 the State of California. 7'he City of Ukiah is a general law municipal corporation ,
27 which operates a tirc department pursuant to Scctions 38600, et seq. California '
28 Government Code. Each agency has the authority to enter into contracts with other
29 public agencies, for purposes of providing services, including but not limited to, the
30 field of administration.
31 �
32 3. 7'GRM OF THG AGREI;MENT: I
33
34 This agreement shall become effective on /S � �r 012, and shall remain in
� ,
35 force unless terminated pursuant to the provisions of this �h'�rcement. �
36
37 4. PIJRPOSF, AND INTI:N7' Ol� YARTIES: i
38
39 1�his �lgree�nent is consistent H�ith the desires of all parties to cxplore a coordinated
40 system of providing for the administration of fire services within the jurisdictions of II
41 I IOP, UPD and UKV, which could enhance public safety, convenience, cconomy and �
42 ge�ieral welfare.
43
44
45 i
46 I
1 � . S c' I
_
1 5. HOP OBLIGATIONS:
2
3 (a) HOP agrees to provide its Fire Chief, (hereafter CHIEF), to provide
4 administration of fire serviccs for HOP, UFD and UKV. 7'he CHIEF shall be
5 deemed to be the Fire Chief for the UFD, UKV and HOP for purposes required by
6 law. The CHIEF will equally devote his entire productive time, ability and
, 7 attention to the business of HOY, UKV and UFD during the term of this
8 Agreement.
9
10 (b) 1'he CHIEF shall be an employee of HOP, shall be governed by and operate under �
11 the rules, regulations, policies, procedures and employment agreements of FIOP. I
12 The CHIEF will report direcily to the Ukiah City Manager while performing Fire
13 CIIIEF services for U1�D and will be governed by and operate under the rules,
14 regulations, policies and procedures of tl�e UFD during that time. (The Ukiah
15 Director of Public Safety shall continue to report to the Ukiah City Manager, and
16 work with the CIIIEF, on issues relating to fire and ambulance administration,
17 including budgetary decisions, dispatching services, and future planning for
18 contracting of services or a future JPA agreement.)
� 19 I
20 (c) HOP shall be responsible far salaries and employee benefits providcd to its Fire
21 Chief and with responding to claims as provided in TiUe 1, Division 3.6 of the
22 California Government Code, including, but not limited to, Pari 7, commencing
23 with Section 995.
24
25 (d) HOP shall provide Workers' Compensation Insurance coverage for its Fire Chie£
26
I 27 6. UFD OBLIGA7'IONS:
28 I 29 UFD shall take all steps required to delegate full authority for administration of tire
30 service for the UFD to the CHI�F during the entire term of this Agreement. The Ukiah
31 Director of Public Safety shall repart to the Ukiah City Manager, and work with the
32 CHILI�, on issucs relating to fire and ambulance administration, including budgetary
33 decisions, dispatching services, and future planning for contracting of seivices or a future
34 .1PA agreement.
' 35 ��
36 (a) UFD shall furnish all equipment, supplies, records, reports, and facilities necessary
37 for the CHIEF to perform administration of fire services for UFD. UFD shall
38 reimburse HOP $3500.00 per month as its total share of the costs for the services of �,
39 the CHIEF.
40
41 (b) UFD shall maintain duriug the term of this Agreement the equivalent of
42 comprehensive liability insurance coverage through its membership in tl�e Redwood
I 43 Municipal Insurance Fund (`RGMIF") at a level equal to or greater than its cun�ent
44 scope of coverage and policy limits, which names HOY and UKV as additional
45 insureds.
46
2 � ,; ,-
I
. i
�
2 7. IIOLD HARMI,ESS: i
3
4 (a) UPD shall hold hannless, and shall indemnify HOP aud UKV, its Fire Chief,
5 officers, employees and agents, from any and all costs, damages claims, fees
6 (including attorney fees or other court related costs or expenses) or other losses
7 arising out of or in any way related to incidents involving only tlie UFD, which
8 occurred prior to the effeciive date of this Agreement. In the event of any such
9 claims or lawsuits. Uk�D agrees to resist and defend said claims or lawsuits by
10 counsel reasonably satisfactoiy to HOP and UKV.
11
12 (b) UFD shall hold harmless, and shall indemnify HOP and UKV, its Fire Chief,
13 officers, employees and agents, from any aud all costs, damages claims, fees
14 (including attorney fees or other court relatcd costs or expenses) or other losses
15 arising out of or in airy way rclated to acts or omissions of thc CHIF,F in thc
16 perfonnance of those duties and functions of the Fire Chief of UFD as delegated 'i
17 by the Ukiah City Manager, or arising out of or in any way related to those acts or
18 omissions coruiected with the administration of fire services for UFD; except any
19 acts or omissions o1�the CHIEF performed at the direction of the Hopland Board
20 of Directors. In the event of any such claims or lawsuits. UFD agrees to resist and
21 defeud said claims or lawsuits by counsel reasonably satisfactory to I�OP and
22 UKV.
23
24 (c) HOP and UKV shall hold harmless, and shall indemnify UFD its officers, agents
25 and employees from any and all costs, damages claims, fees (including attorney
�6 fccs or other related costs or expenses) or othcr losses arising out of or in any way
27 relatcd 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 IIOP or UKV Board of llirectors or any HOP or UKV employee
30 in the performance of their job or duties on behalf of HOP or UKV or as directed I
31 by tlte IIOP ar UKV Board of Directors, except those jobs or duties performed oii
32 behalf of UFD in accordance with this Agrcement or as directed by the Ukiah
33 City Manager. HOP or UKV agrees to resist and defend said claims or lawsuits ,
34 against UFD by counsel reasonably satislactory to U1�D.
35
36 (d) Each party (HOP, UKV and UFD) shall provide the other party with satisfactory
37 evidence that the other party has becn named as an additional insured or covered
38 party undcr indemnifying party's public liability insurance, if the indemnifying
39 party is insured by an insurance company, or inemorandum of covcrage, if thc
40 indemnifying party is insured by ajoint powers agency.
41
a2 8. TERMINATION:
43 �ither party �nay terminate this Agreement upon providing the party with thirty (30)
44 days written notice of its intent to tenninate; provided, howevcr, that the obligations
45 under paragraphs 6(c) and 7 shall remain in effcct after said termination with respect
46 to claims arising from acts or omissions occurring during the term of this Agreement.
3 � " ,
1
2 9. SAVINGS CLAUS�: '
3 In the event any pari of this Agrecmcnt is declared invalid or unenforccable by a
4 court of competent jurisdiction, the remainder of ihis Agreement shall be and remain
5 in rull 1'orce and effect unless the deletion or the invalid or unenforceable poriion
6 frustrates the purpose and intent of this Agreemeut.
7
8 "1'HG PAIt"I'ILS HI�RETO have executed this Agreement on the date speciiied.
9
10 BOARD OI' DIRECTORS BOAKD Ol� DIRL'C7'ORS UKIAH Cl'1'Y MANAGER
11 OF 7'Al; I IOPI,AND FIRE OF "I'lIE UKIAH VALLF,Y UKIAH FIRE DLPARI'MGNT
12 DISTRICT DISTRICT
13
14 - �
15 � ,�, l � , -- �"��. t"�- �G'�� ���
16 o ert son, President .lerr Buzz , President Jane Charpbers, City Manager
17 � � � �
1s � / � - � s i v �/ d''�'u ���v
19 Dat Date Date
I
II
4 � � I