HomeMy WebLinkAbout2014-04-02 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 2, 2014
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Adoption of Proclamation for Mayor’s Day of Recognition for National Service.
b. Introduction of New Employees – Kelly McNerney, Community Services Receptionist/Clerk
and Tabitha Olson, 32-Hour Community Services Assistant.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of March 19, 2014, Special Meeting.
b. Minutes of March 19, 2014, Regular Meeting.
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Approve Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. for
Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah
Landfill.
b. Adoption of Ordinance Amending Chapter 9, Division 5 of the Ukiah City Code to Include
Restaurants in the Ban on Carry-Out Plastic Bags.
c. Approval of visit Ukiah (TOT Program) Contract with Sunset Magazine in Amount of
$31,640 Spanning Two Fiscal Years, to be Paid out of Measure X Transient Occupancy
Tax (Hotel Bed Tax).
d. Adoption of Resolution Approving 2014-2016 Memorandum of Understanding and Updated
Job Descriptions for Employee Bargaining Unit – IBEW /Electric Unit Memorandum of
Understanding FY 2014-16
e. Authorize the Director of Public Works / City Engineer to Execute Change Orders in the
Amount not to Exceed $10,800 for Oak Manor Trail, Specification No. 14-02
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you
may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do
so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than
ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the
subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Presentation of Report of Services from the Economic Development Financing Corporation,
Consideration of a Fiscal Year 2013-15 Performance Agreement in the Amount $10,000
per Year and Authorization for the City Manager to Negotiate and Execute the Agreement.
b. Consider Approval of Two-Year Interim Agreement with Ukiah Valley Fire District, and
Authorizing City Manager to Sign Agreement.
13. NEW BUSINESS
a. Discussion and Possible Adoption of Resolution Directing the Implementation of the Storm
Water Low Impact Development Technical Design Manual.
b. Authorize City Manager to Negotiate and Execute Lease Agreement with North Coast
Opportunities for the Development and Operation of the Vinewood Park Community
Garden.
c. Award of Contract to GHD in the Amount of $359,610 for the Design of New Water Well #9
and the Rehabilitation of Water Well #4 and Authorize the City Manager to Execute and
Amendment for 10% of the Contract Amount if Necessary.
d. Approval of Request from Mendocino County Office of Education for Transfer of Surplus
Ambulances for Use in Career Technical Education Programs.
14. CLOSED SESSION – Closed Session may be held at any time during the meeting
a. Conference with Labor Negotiator (§ 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Electric Unit
b. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Gov’t Code 54956.9(b) (1 case)
c. Conference with Real Property Negotiators (§54956.8)
Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: Robert Gitlin
Under Negotiation: Price & Terms
d. Conference with Real Property Negotiators (§54956.8)
Property: APN Nos. 002-101-19, 20 & 21
Negotiator: Jane Chambers, City Manager
Negotiating Parties: Rural Communities Housing
Development Corporation (RCHDC) and City of Ukiah
Under Negotiation: Price & Terms
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda
packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary
Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda
was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300
Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 28th day of March, 2014.
Kristine Lawler, City Clerk
Agenda Item 5a
CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 19, 2014
5:30 p.m.
1. ROLL CALL
Ukiah City Council met for a Special Meeting on March 19, 2014, which was legally noticed on
March 14, 2014. Mayor Baldwin called the meeting to order at 5:35 p.m. Roll was taken with the
following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas, Vice
Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City Manager;
Darcy Vaughn, Pro Tem City Attorney; Melody Harris, Human Resources and Risk Management
Director; Sage Sangiacomo, Assistant City Manager; Charley Stump, Planning and Community
Development Director; and Kristine Lawler, City Clerk.
Also Present: Rick Haeg, Labor Consultant.
2. PUBLIC COMMENT
CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 5:36 P.M.
3. CLOSED SESSION
a. Conference with Labor Negotiator (§ 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organization: Electric Unit
b. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Gov’t Code 54956.9(b) (1 case)
No reportable action was taken on the Closed Session item.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:58 p.m.
________________________________
Kristine Lawler, City Clerk
Agenda Item 5b
Page 1 of 6
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 19, 2014
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 19, 2014, having been legally noticed on
March 14, 2014. Mayor Baldwin called the meeting to order at 6:00 p.m. Roll was taken with the
following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas, Vice
Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City Manager;
Darcy Vaughn, Pro Tem City Attorney; and Kristine Lawler, City Clerk.
COUNCILMEMBER THOMAS MADE AN ANNOUNCEMENT AND REQUESTED A MOMENT OF
SILENCE IN OBSERVANCE OF THE PASSING OF DEPUTY SHERIFF RICKY DEL
FIORENTINO.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of March 5, 2014, Regular Meeting.
Motion/Second: Crane/Thomas to approve the minutes of March 5, 2014, a Regular Meeting, as
submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas,
Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
COUNCILMEMBER SCALMANINI ARRIVED AT 6:02 P.M.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
Staff Comment: Rick Seanor, Deputy Director Public Works and Jarod Thiele, Public Works
Project Analyst.
a. Report of Disbursements for the Month of February, 2014 – Finance Department.
b. Report of Acquisition of Professional Services (COU No. 1314-013) from Alpha Analytical
Laboratories, Inc. for Quarterly Water Sampling and Completion of Chemical Examination
Reports for the Ukiah Landfill – Public Works Department.
c. Report of Acquisition of Professional Consulting Services (COU No. 1314-185) from Rau
and Associates, Inc. for Preparation of Landfill Financial Assurance Documents – Public
Works Department.
City Council Minutes for March 19, 2014, Continued: Page 2 of 6
d. Award Professional Services Agreement (COU No. 1314-187) to Green Valley Consulting
Engineers for the Design of Approximately 1250 Feet of Sewer Main on North State Street
in the Amount of $21,305 – Public Works Department.
e. Approval of Amendment to Contract (COU No. 1213-123-A1) with GHD for Professional
Services to Amend the Report of Waste Discharge for the Master Reclamation Permit at the
Waste Water Treatment Plant in the Amount of $46,710 – Public Works Department.
f. Authorize the Director of Public Works / City Engineer to Execute a Change Order in the
Amount not to Exceed $28,600.50 for Oak Manor Trail, Specification No. 14-02 – Public
Works Department.
g. Notification of Purchase of Services (COU No. 1314-132) for the Repair of a 16” Fairbanks-
Morse Pump for the Influent Pump Station at the Waste Water Treatment Plant – Public
Works Department.
h. Notification of Purchase of Services (COU No. 1314-132) in the Amount of $10,430 and
Approval of Amendment to Contract #1314132 (COU No. 1314-132 A1) in the Amount of
$26,194.93 for the Repair of Fairbanks-Morse 10-Inch Vtsh Pump at the Wastewater
Treatment Plant – Public Works Department.
i. Consideration and Approval of Amendment to Water Supply Agreement (COU No. 1314-
188) – City Attorney.
j. Consideration and Approval of Retainer Agreement (COU No. 1314-189) with Remy
Moose Manley, LLP to Represent the City in Law Suit Challenging Costco EIR – City
Attorney.
Motion/Second: Crane/Landis to approve Consent Calendar Items 7a-j, as submitted. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Peter Good and Mike Peterson (a.k.a. Davie Crockett).
9. COUNCIL REPORTS
Presenter: Mayor Baldwin.
10. CITY MANAGER/CITY CLERK REPORTS
Presenter: Jane Chambers, City Manager.
11. PUBLIC HEARINGS (6:15 PM)
a. Receive Report from the City Council Palace Hotel Ad-Hoc Committee, Hear from the
Public, and Consider Adopting the Resolution Ordering the Repair or Removal of the
Dilapidated Palace Hotel Structure Located at 272 North State Street – Planning and
Community Development Department.
Presenter: Charley Stump, Planning and Community Development Director.
City Council Minutes for March 19, 2014, Continued: Page 3 of 6
PUBLIC HEARING WAS CONTINUED AT 6:16 P.M. FROM FEBRUARY 19, 2014.
Property Representatives: Eladia Laines, Union Properties, Inc. President and Norman Hudson,
Contractor.
Public Comment: Bob Scaglioni, Air Quality Management District; Mike Peterson (a.k.a. Davie
Crockett); and Peter Good.
Motion/Second: Landis/Crane to continue the public hearing to a date certain of April 16, 2014.
Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and
Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Approval of Application to Demolish a Structure Over 50 Years Old Located at 108
Echo Way (Formally 400 Park Blvd.) – Planning and Community Development
Department.
COUNCILMEMBER THOMAS RECUSED HIMSELF.
Presenter: Charley Stump, Planning and Community Development Director.
PUBLIC HEARING WAS OPENED AT 6:31 P.M.
Public Comment: Susan Knopf.
PUBLIC HEARING WAS CLOSED AT 6:32 P.M.
Motion/Second: Landis/Scalmanini to find that the structure, located at 108 Echo Way (formally
400 Park Blvd.), does not meet the City Code criteria for historic or architectural significance, and
therefore to approve the demolition permit. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Thomas.
12. UNFINISHED BUSINESS
a. Discussion and Consideration of Three Redwood Trees on City Property (South
School Street) – Administration.
Presenter: Sage Sangiacomo, Assistant City Manager.
Public Comment: Robert Werra; Dennis O’Brien; Estelle Clifton; Susan Knopf; Peter Good; Don
Burgess; and K.C. Meadows, Ukiah Daily Journal.
Motion by Councilmember Scalmanini, Seconded by Mayor Baldwin to direct the city attorney to
draft an agreement with the Ukiah Daily Journal for the sale or lease of the trees that includes up to
2 million dollars in liability for each occurrence, and to insure that the improvement restoration plan
is in place within 3 months.
Upon further discussion and consideration, Councilmember Scalmanini withdrew his motion.
Council Consensus to direct the City Attorney to draft a legal document to address the trees that
will remain, and to direct staff to go ahead and remove tree number #3 (southern-most tree), dead
limb the other two trees; and bring back a time schedule from the Ukiah Daily Journal in which they
plan to implement the nine recommendations listed in Dan McKenna’s, December 27, 2013,
Arboricultural Consultation Report.
City Council Minutes for March 19, 2014, Continued: Page 4 of 6
b. Introduction of Ordinance Amending Chapter 9, Division 5 of the Ukiah City Code to
Include Restaurants in the Ban on Carry-Out Plastic Bags – Administration.
Presenter: Charley Stump, Planning and Community Development Director.
Motion/Second: Landis/Crane to introduce the ordinance by title only. Motion carried by the
following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None.
ABSENT: None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the ordinance title.
Public Comment: Mike Sweeney, Mendocino County Solid Waste Management Authority
Director.
Motion/Second: Landis/Crane to introduce an ordinance amending chapter 9, division 5 of the
Ukiah City Code to include restaurants in the ban on carry-out plastic bags. Motion carried by the
following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None.
ABSENT: None. ABSTAIN: None.
c. Award Professional Services Agreement to Ann Baker Landscape Architecture for
Development of Plans and Specifications for Grace Hudson Museum Nature
Education Project, Funded by Prop 84 Grant – Community Services.
Presenters: Sherrie Smith-Ferri, Museum Director and Mary Horger, Purchasing Supervisor.
Staff Comment: Sage Sangiacomo, Assistant City Manager.
Motion/Second: Crane/Landis to award professional services agreement (COU No. 1314-190) to
Ann Baker Landscape Architecture for Development of Plans and Specifications for Grace Hudson
Project in an amount not to exceed $288,450.75. Motion carried by the following roll call votes:
AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None.
ABSTAIN: None.
13. NEW BUSINESS
a. Authorize a New Memorandum of Understanding Between the City of Ukiah Police
Department and the Ukiah Unified School for Reimbursement of School Resource
Officer (SRO) Activities – Police Department.
Presenter: Chief Chris Dewey, Police Chief.
Motion/Second: Crane/Landis to authorize a new Memorandum of Understanding (COU No.
1314-190) between the City of Ukiah Police Department and the Ukiah Unified School District for
reimbursement of School Resource Officer (SRO) activities. Motion carried by the following roll call
votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None.
ABSTAIN: None.
b. Discussion and Possible Action Regarding Council Board, Committee, and Commission
Appointments; and the Consolidating and Sunsetting of Various Committees/Ad Hocs –
City Clerk Department.
Presenter: Jane Chambers, City Manager and Mayor Baldwin.
City Council Minutes for March 19, 2014, Continued: Page 5 of 6
Council Consensus to disband the Public Safety Ad Hoc Committee, to update the name of the
Ukiah Valley Fire District Proposal Review to the Ukiah Valley Fire District Merger/Contract, and to
make the following position modifications:
Mendocino Council of Governments (MCOG), Alternate - Councilmember Scalmanini
Inland Water and Power Commission (IWPC), Alternate – Councilmember Scalmanini
Mendocino Solid Waste Management Authority (MSWMA), Alternate – Councilmember Scalmanini
Mendocino Youth Project JPA Board of Directors, Director – Councilmember Scalmanini
Russian River Watershed Association – Councilmember Scalmanini
Economic Development & Financing Corp (EDFC) – Councilmember Scalmanini
Ukiah Unified School District Committee, Liason – Mayor Baldwin
Russian River Flood Control District, Liason – Mayor Baldwin
c. Discussion and Possible Adoption of Resolution Making Appointments of Planning
Commission Members – City Clerk Department.
Presenter: Kristine Lawler, City Clerk.
Nomination by Councilmember Crane, seconded by Landis to approve Michael Wetzel to serve
as a Commissioner on the Planning Commission, term expiring in December 2016. Motion carried
by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES:
None. ABSENT: None. ABSTAIN: None.
Nomination by Councilmember Scalmanini,seconded by Thomas to approve Judy Pruden to
serve as a Commissioner on the Planning Commission, term expiring in December 2016. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
Motion/Second: Landis/Crane to approving the Resolution (2014-09) approving Michael W hetzel
and Judy Pruden as Commissioners on the Planning Commission, terms ending in December
2016. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis,
and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
d. Report of Permanent Vacancy of the Council Appointed Member on the Civil Service
Board and Possible Adoption of Resolution to Fill the Vacancy with Recommended
Appointment – Human Resources/Risk Management.
Presenter: Melody Harris, Human Resources/Risk Management Director.
Motion/Second: Crane/Landis to adopt Resolution (2014-10) approving the appointment of Mr.
Jim Andersen to the Civil Service Board. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 8:37 – 8:43 P.M.
e. Adopt Resolution Authorizing City Manager to Execute Long-Term Layoff Agreement
to Lay Off the City’s Participation Percentage of the California-Oregon Transmission
Project (COPT) Effective July 1, 2014, for a Term of 25 Years, with an Optional 5 Year
Extension – Electric Utilities Department (EUD).
Presenter: Councilmember Crane.
City Council Minutes for March 19, 2014, Continued: Page 6 of 6
Motion/Second: Crane/Landis to adopt a Resolution (2014-11) that authorizes the City Manager
to execute the attached Agreement (COU No. 1314-192). Motion carried by the following roll call
votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None.
ABSTAIN: None.
f. Fiscal Year 2013-2014 General Fund Mid-Year Report – Finance Department.
Presenter: Karen Scalabrini, Finance Director.
Staff Comment: Jane Chambers, City Manager and Sage Sangiacomo, Assistant City Manager.
14. CLOSED SESSION
a. Conference with Labor Negotiator (§ 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Electric Unit
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
c. Conference with Real Property Negotiators (§54956.8)
Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: Robert Gitlin
Under Negotiation: Price & Terms
d. Conference with Real Property Negotiators (§54956.8)
Property: APN Nos. 002-101-19, 20 & 21
Negotiator: Jane Chambers, City Manager
Negotiating Parties: Rural Communities Housing
Development Corporation (RCHDC) and City of Ukiah
Under Negotiation: Price & Terms
No action was taken on Closed Session Items.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:37 p.m.
________________________________
Kristine Lawler, City Clerk
Recommended Action(s): Consider approval of two year interim agreement with Ukiah Valley Fire
District, and authorizing City Manager to sign agreement.
Alternative Council Option(s): Do not approve agreement and give direction to staff.
Citizens advised: N/A
Requested by: N/A
Prepared by: Jane Chambers, City Manager
Coordinated with: David Rapport, City Attorney; Chief Chris Dewey, Police Chief
Attachments: 1) Agreement with attached Exhibits A-G
ITEM NO.:
MEETING DATE:
12b
April 2, 2014
AGENDA SUMMARY REPORT
SUBJECT: CONSIDER APPROVAL OF TWO YEAR INTERIM AGREEMENT WITH UKIAH VALLEY
FIRE DISTRICT, AND AUTHORIZING CITY MANAGER TO SIGN AGREEMENT
Background: As the City Council is aware, the City of Ukiah and the Ukiah Valley Fire District have
been in negotiations to achieve a two-year interim agreement that formalizes a working merger that has
been in place since March 2013. To date, the working arrangement has been taking place under the
authority of mutual aid agreements. A joint Ad/Hoc consisting of two board members from the district
and two council members from the City have been holding public meetings since last Fall to negotiate a
more comprehensive agreement.
The Ad/hoc group met on Thursday March 27, 2014, and approved the attached agreement (attachment
#1). The agreement is complete except for two exhibits that are being finalized prior to Wednesday's
meeting. These exhibits are inventories of equipment and mileage.
Discussion: The agreement has been constructed on the terms agreed upon by the two boards in
previous discussions. A brief PowerPoint presentation of the major obligations, costs, and budget
impacts of this agreement is being prepared and will be provided to the City Council and public on
Monday, March 31, 2014. The agreement as proposed and approved by the joint Ad/Hoc committee is
consistent both the terms and costs that have previously been discussed and approved by both the
UVFD Board and the City Council. The agreement itself was drafted by City Attorney Rapport, with
consultation and input from the District's Attorney.
Fiscal Impact:
Budgeted FY 13/14 X New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested
$440,000
1
INTERIM TWO YEAR AGREEMENT
FOR
FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
BETWEEN
UKIAH VALLEY FIRE PROTECTION DISTRICT
AND
CITY OF UKIAH
THIS AGREEMENT, is entered on _________, 2014 (“Effective Date”) in Ukiah, California,
between the City of Ukiah, a general law municipal corporation (“City”) and the Ukiah Valley Fire
Protection District, a California fire protection district formed pursuant to Health and Safety Code
Sections 13800 et seq. (“District”). The City or the District may be referred to hereafter as
“Party,” and collectively as “the Parties.”
RECITALS:
1. The Parties have operated under an Automatic Aid Agreement, since March 19, 2009.
2. Under that agreement both agencies automatically responded in the City and the
District to all structure fires and fires threatening structures, Highway 101 incidents from the
North State Street exit south to Hwy 253, and aircraft emergencies.
3. The District and the City have determined that a combined fire department under a
single fire chief serving the City and the District can potentially provide a high level of service
with greater efficiency, but there are numerous issues to resolve.
4.. Since March 2013, the City and the District have combined operations with City
employed firefighters responding from District facilities under the direction and supervision of
the District Fire Chief to emergency calls for service to a combined area which includes the
corporate limits of the City and the service area of the District.
5.. The Parties desire to formalize the current operational arrangement under this interim
two year agreement with the expectation that they can negotiate a longer term agreement
providing for combined operations.
AGREEMENT
In reliance upon the above-recitals and the terms and conditions as set forth below, the Parties
hereby agree as follows.
1. TERM
2
The term of this Agreement is two years, commencing on January 1, 2014 and
terminating on December 31, 2015. The Agreement may be terminated without cause at any
time as provided below at paragraph 7.
2. SCOPE AND LEVEL OF SERVICES
The District shall provide an emergency response system that is an all risk based service
that includes: Emergency Medical Response (EMS), Structural Firefighting, Wildland
Firefighting, Public Education, Hazardous Material Response, Rescue, Fire Prevention
Inspections, Fire Investigations and related public safety, managerial and administrative
services within the corporate limits of the City, to the extent and in the manner set forth
herein. These services shall encompass duties and functions of the type falling under the
jurisdiction of and customarily rendered by the District and the City in providing for fire
safety, fire code enforcement and in responding to emergencies. The City agrees that the
District shall provide services in accordance with State and Federal laws consistent with
the service level criteria described in this Agreement. The District will treat demands in all
City areas covered by this Agreement under the same standards governing how calls are
prioritized and responded to as apply in the District to ensure a consistent standard of
performance and equal service level throughout the City and the District. The DISTRICT
shall:
I. Provide fire protection and emergency medical services within the staffing
guidelines established in “EXHIBIT A.” If the demands of the City or District
exceed the services which the District can provide, the District agrees to use
mutual aid agreements as may be necessary to supplement the vehicles,
equipment, apparatus, and personnel used by the District to provide services
under this Agreement.
II. Maintain continuous (twenty-four (24) hours per day, seven (7) days per week)
and uninterrupted fire and emergency medical services consistent with the
service level criteria described in this Agreement, “EXHIBIT A.”
III. Provide the services described in paragraph 1 of this section, subject to the
following additional requirements:
a. Investigate fire cause and origin within the City.
b. Provide Fire Marshall services customarily provided by a public fire
agency and as required by the City’s Fire Code and other applicable
ordinances and State Law.
c. Upon request of the City, review and propose fire code amendments,
cost recovery options, and other ordinances pertaining to fire protection
and response for adoption by the City.
d. Develop and maintain fire prevention and education programs within the
City, including materials for use and dissemination of this information
which is, at least, equal to the programs provided by the City Fire
Department prior to the Effective Date.
e. Maintain for the City, adequate records of activities as may be required
by the California Office of the State Fire Marshal.
f. Participate in mutual aid agreements with fire protection providers that
are contiguous with the City and establish and maintain automatic aid
3
agreements in areas in which service might be improved by such
agreements so long as it is in the best interests of all Parties to do so.
g. Take all reasonable steps to maintain all of the District’s apparatus,
equipment, and its entire system in a good state of repair and at all times
conduct its operations under this Agreement in a safe and professional
manner.
h. Participate in the City’s emergency management planning through the
District Fire Chief or designee and commit command staff (Captain level
acceptable) to the emergency operations center when activated.
2. PERSONNEL, EQUIPMENT AND FACILITIES
I. PERSONNEL
a. City Personnel: The City will provide nine (9) fulltime regular or
temporary firefighters and two (2) full time fulltime regular or temporary division
chiefs employed by the City. During the term of this Agreement these employees
will be employed by the City and will be subject to all City policies, ordinances,
including the City’s Civil Service Ordinance, resolutions and memoranda of
understanding that apply to City employees generally or to emergency service
employees in particular. Disciplinary action against any City employee shall be
made in consultation with the District, yet must be initiated by the City and
processed in accordance with the City’s Civil Service Ordinance and other
applicable law. The City shall provide all compensation and benefits for the City
supplied personnel, including, but not limited to, pension benefits through the
Public Employees Retirement System (“PERS”), health insurance,
unemployment and workers’ compensation insurance, uniform allowance, and
paid and unpaid leave. The City-provided personnel shall serve under the
direction of the Fire Chief. If vacancies occur among the City employees
assigned to the District those vacancies must be filled the City in accordance with
the applicable City’s ordinances, including the City’s Civil Service Ordinance,
resolutions and memoranda of understanding; provided, however, that the Fire
Chief shall have an opportunity to make hiring recommendations to the City
Manager from the candidates certified to the City Manager in accordance with
the City’s Civil Service Ordinance.
b. District Personnel: The District will provide not less than five (5)
full time fire fighters, and one (1) full time division chief, who shall be District
employees for all purposes.
c. Fire Chief: The parties shall continue to share the costs for the
employment of John Bartlett as the Fire Chief pursuant to the existing agreement
among the District, the City and the Hopland Fire Protection District, a true and
correct copy of which is attached hereto as Exhibit B.
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If it becomes necessary for the District to replace John Bartlett as the District’s
Fire Chief during the term of this Agreement, the District shall use a reputable
public employee recruiting firm with experience in recruiting to fill executive
positions in the fire service which is approved by the City Manager. The parties
shall share equally the firm’s fees and costs. The City shall be consulted in
developing the job description and qualifications for the position, which shall
include experience in successfully working with multiple jurisdictions and/or
providing fire and other emergency services to multiple jurisdictions. The City
Manager shall have the opportunity to participate in the selection process and to
make recommendations to the District Board of Directors. The Board shall make
the final hiring decision. In the event that the District elects to offer compensation
terms to a replacement Fire Chief which exceed the compensation paid to Chief
Bartlett, the District will provide notice thereof to the City and the parties will
negotiate in good faith in an effort to reach agreement to equitably share the
additional cost.
The Fire Chief shall consult regularly with the City Manager or her designee and
promptly respond to requests for consultation on all matters pertaining to each
Party’s performance under this Agreement and on the general subject of fire
prevention and protection and emergency medical services. The Fire Chief shall
keep the City Manager informed of all new developments, issues, or concerns
related to the efficient delivery of fire and EMS services and the City Manager
shall keep the Fire Chief informed of all new developments, issues, or concerns
related to the efficient delivery of fire and EMS services in the City.
d. Volunteers: The District shall maintain and manage the
Volunteer Recruitment & Training Program, including the volunteer Stipend
Program, striving to maintain not less than 20 volunteers. The Volunteer Program
shall include the provision to volunteers of personal protective equipment, pre-
enlistment medical examinations and an ongoing training program. The Stipend
Program for volunteers shall comply with the description in the attached Exhibit
C .
II. EQUIPMENT
a. City Equipment: The City shall provide to the District for its use in
providing the services under this Agreement, the fire engines, rolling stock and
related equipment, as listed on Exhibit D_ attached hereto. Exhibit D shall
include the mileage of each vehicle included on the list as of March h, 2014.All
equipment currently installed or stored on or purchased during the term of this
Agreement for any fire engine shall remain on that engine for the term of this
Agreement. The City shall retain ownership of all City supplied equipment. The
City shall maintain the equipment in operational condition to the customary
standards of the fire service and provide for the maintenance of its equipment
through the City’s vehicle maintenance staff at its Corporations Yard. The costs
for major repairs or replacement of City vehicles or equipment resulting from the
negligence of willful misconduct of either Party shall be shared in proportion to
the relative fault of the Parties.
5
b. District Equipment: For the provision of services under this
Agreement, the District shall provide the fire engines, rolling stock and related
equipment, as listed on Exhibit E_ attached hereto, which shall include the
mileage of each vehicle included on the list as of _March 25th, 2014_, and all
furnishings, fixtures and equipment required for the use of District Fire Stations
Nos. 643 and 641. All equipment currently installed or stored on or purchased
during the term of this Agreement for any fire engine shall remain on that engine
for the term of this Agreement. The District shall retain ownership of all District
supplied furniture, fixtures and equipment. The District shall maintain these in
operational condition to the customary standards of the fire service. The District
may elect to use the City’s vehicle maintenance staff at the Corporation Yard to
maintain District equipment. If it does, the District shall pay the same fee charged
to other City departments for such services. The costs for major repairs or
replacement of District vehicles or equipment resulting from the negligence or
willful misconduct of either Party shall be shared in proportion to the relative fault
of the Parties.
III. FACILITIES
a. City Facilities: The City shall make available to the District for its
use in providing services under this Agreement the following facilities subject to
the following terms and conditions:
• Training Tower and Training Room. The City shall make these
facilities available without cost to the District for the training of paid
staff and volunteers. The schedule for the use of these facilities
shall be approved by the City Manager, but shall make the facilities
available for not less than eight hours per week. The District shall
maintain the facilities in clean, orderly and serviceable condition,
reasonable wear and tear excepted. The City of Ukiah shall
maintain ownership and responsibility for the training facilities, and
the right to seek outside leases or temporary use agreements with
other parties.
• Other Areas Within the Public Safety Side of the Ukiah Civic Center
Formerly Used by the City’s Fire Department (“Fire Facility”). The
Fire Facility consists of the areas within the Public Safety wing of
the Civic Center, including the garage, offices, sleep quarters, fire
bays, and kitchen as more fully depicted and described on the
attached Exhibit F_. Police Department Areas. Areas currently
shared with Police shall be vacated, and Police areas will be
designated as Restricted Police Access Only. Some shared
equipment – Asset Forfeiture Purchased Exercise Equipment and
Large Screen TV shall not be removed from the facility and the
District shall maintain the facilities in clean, orderly and serviceable
condition, reasonable wear and tear excepted.
• If any of these areas are leased by the City to a third party, they are
not available to the District without the prior consent of the lessee.
6
Portions of the Fire Facility not leased by the City shall be available
on conditions and a schedule approved by the City Manager.
During its use of these facilities, the District shall maintain the
facilities in clean, orderly and serviceable condition, reasonable
wear and tear excepted.
b. District Facilities: The District shall provide services under this
Agreement from its North Station No. 643, located at141 Lovers Lane,
Ukiah and South Fire Station No. 641, located at 1500 S. State Street,
Ukiah, which it shall maintain in safe and operational condition to the
customary standards of the fire service. All District personnel providing
services under this Agreement, including District and City employees, shall
be located at and dispatched from these facilities. The District shall pay all
costs associated with the use of these facilities, subject to the City’s
contribution as specified in this Agreement.
3. CITY PAYMENT FOR SERVICES
For the provision of services under this Agreement, the City shall pay to the District a fixed
amount (“Fixed Costs”) for the costs specified in Section 3. I, below, and an amount based
on the actual cost (“Reimbursed Costs”) for the costs specified in section 3.II, below. The
City will make a total of four payments to the District for Fixed Costs and Reimbursed
Costs, each payment covering the services to be provided in the ensuing six (6) months.
The amount and schedule for making these payments is set forth in the attached Exhibit G.
The payment for Reimbursed Costs will be based on the past six months with an
adjustment (“True-Up”) made prior to the payment for the next six month period based on
the actual costs incurred. The City will make the first payment for Fixed Costs to the District
within two (2) weeks of the Effective Date. The Fixed Costs payment numbers 2, 3 and 4
will be made not later than 30 days from the beginning of the six (6) month period. The City
will pay the district for the City’s proportional share of the Reimbursed Costs no later than
60 days from the Fixed Cost payment to allow for the Parties, through the Fire Chief, or his
designee, and the City Manager, or her designee, to True-Up the Reimbursed Costs.
I. FIXED COSTS
The City shall pay the District the fixed annual costs as follows:
a. Amounts to Equalize Payment and Benefits for Personnel
Providing Services Under this Agreement. $136,280 for salary plus the
related PERS contribution of $38,724 to raise the salaries and PERS
contributions of District firefighters to the amounts paid by the City in Fiscal
year (“FY”) 2013/14 for the base pay for similar City positions.
b.. Cost of Fire Chief. $42,000 as the City’s share of the annual
compensation paid to the Fire Chief. This payment shall continue to be made to
the Hopland Fire District as promised for in the agreement for administration of
7
services between the Hopland and Ukiah Valley Fire District and Ukiah City
Fire Department.
c. Cost of Volunteer Program. $46,257 as the City’s share of
annual cost for the Volunteer Program.
d. Cost of Volunteer Stipends. $100,350 for Volunteer Stipends
e. Cost of Utilities, Building Maintenance and Rent at District
Fire Stations.
• First year - $28,000
• Second year- $45,500
II. REIMBURSED COSTS
a. The following actual costs will be shared with 64% of the cost paid
by the City, and 36% paid by the District:1
• Overtime (Estimated to total $180,000, with
the City paying $115,200)
• Fuel & Fluids (Estimated to total $44,000 with the City
paying $28,160
• Supplies, including
for EMS (Estimated to total $73,000 with City paying
$40,320)
b. The combined cost of these items shall be estimated on an annual
basis by City Manager and Fire Chief based on the prior year’s costs with
appropriate adjustments based on anticipated changes in costs. Each Party
shall appropriate funding within its annual budget for that agency’s share of the
combined anticipated cost.
III. COST CONTAINMENT REQUIREMENTS
a. Cost reviews. Each quarter, commencing in May 2014, the City
Manager and Fire Chief shall conduct a review of the costs of the services
provided by the District pursuant to this Agreement in an effort to keep close
track of those costs. Where they determine that cost containment measures are
1 The allocation of these costs was derived from District calculation of providing a combined services contract for
$3,043,348, with contributions of $1.1M from District and $1.9M from City of Ukiah. (Exclusive of equipment
maintenance, City garage labor and parts).
8
necessary or advisable, they shall institute cost containment measures when
those measures are within their delegated authority or recommend measures to
each Party’s governing body, if they require governing body approval.
b. Reports. The City Manager and Fire Chief shall prepare and
submit to each Party’s governing body a written quarterly report describing the
use of overtime, fuel and fluids and supplies as a percentage of the annual
amount budgeted by each Party for these Reimbursable Costs. The report shall
also include:
• A comparison of the quarters expenses with previous quarters and
agreed upon benchmarks;
• A description of significant events during the quarter that impact the
amount of Reimbursable Costs and the impact of those events on
such costs;
• The amount of sick leave and worker’s compensation incurred or
paid during the quarter and the impact on staff availability;
• The amount of actual and anticipated reimbursements from OES
and reimbursements for medical supplies, if any, from any private
ambulance company; and
• The elapsed mileage from mileage logs for each fire engine or
vehicle, showing the amount of mileage driven from the last report
and the total mileage of the vehicle.
4. OPERATIONAL AGREEMENTS
I. EQUIPMENT RESPONDING
a. It is understood that, on average, the District has responded to
approximately 900 calls a year and the City has responded to approximately
2400 calls a year, for a total of 3300 calls a year. The District shall use
reasonable efforts to dispatch an appropriate mix of City and District equipment
to calls for service that is roughly proportional to the number of calls for service
in each jurisdiction.
b. The District shall use reasonable efforts to dispatch an equitable mix of
City and District personnel to OES calls for service. The City will receive
reimbursement for city personnel assigned to OES calls. If the City has the
appropriate piece of equipment to send to an OES call, the City will receive
reimbursement for the equipment and personnel assigned to the OES call.
9
c. OES reimbursements for equipment use shall be paid to the owner of that
equipment. The City will receive reimbursement for overtime incurred while City
personnel are on OES assignment or while covering for District personnel on
OES assignments.
5. MISCELLANEOUS FEES FOR SERVICE
At the request of City, or at the request of community organizations or private individuals,
the Fire Chief or his designee may agree to provide extra fire services for special events
and functions occurring within the geographic boundaries of City. As to special event
services requested by City, District shall bill City under this Agreement for the actual cost of
such services. As to special event services requested by other parties, District shall bill the
requesting party directly for services performed. All Fire services provided for special events
shall be billed at the District fee schedule which are calculated based on cost of providing
services. For all fire service fees, the City fee schedule will reference the District fees in
line with the Agreement. 64% of the fees collected shall be credited to the City.
6. PERSONNEL
The Fire Chief shall have the responsibility and authority for the supervision of Fire and
Emergency services personnel, whether employed by the District or the City, who shall be
subject to the District’s standards of performance, assignment of personnel, determining
training required, and other matters relating to the performance of services and control of
personnel. If the Fire Chief determines that a City employee should be subjected to
disciplinary action, he shall consult with the City Manager and the City’s Personnel
Director. The discipline of City employees shall be made in consultation with the District yet
subject to the City’s control as is administration of workers compensation claims and
management of claims for time off pursuant to Labor Code Section 4850 et seq. The Fire
Chief shall comply with the reasonable requests of the City Manager, City Personnel
Director and the City’s legal counsel concerning the discipline of City employees, including
instructions related to progressive discipline, preparing documents and a record to support
disciplinary action, and similar matters.
The District will reasonably cooperate with the City when necessary or desirable to assist
the City in complying with the Meyers-Millias-Brown Act and all other applicable State and
Federal laws and regulations governing public employees assigned to the District under
this Agreement and bargaining agreements and memoranda of understanding covering
them. City employees assigned to provide services on the District’s behalf pursuant to this
Agreement are required to abide by all rules, regulations, policies, and procedures
(hereinafter referred to as procedures) applicable to District employees, except where such
procedures may conflict with a requirement of this Agreement.
7. TERMINATION
Either Party may terminate this Agreement, with or without cause, by giving written notice
to the other of not less than forty-five (45) days. In the event of early termination by either
Party, the District shall refund to the City the portion of the Fixed Costs paid, but not
earned, determined by multiplying the amount paid for the six month term by a fraction of
which the denominator is 6 and the numerator is the number of full months that have
elapsed on the effective date of termination. The City shall pay its share of the
10
Reimbursable Costs incurred as of the effective date of termination or the District shall
refund any funds that have already been paid by the City that exceed that amount.
If this Agreement is terminated or expires by its terms, the parties shall cooperate with
each to facilitate the transition to separate fire departments and the continuation of fire
protection and prevention services in each jurisdiction without undue interruptions or
unnecessary or easily avoidable costs.
8. EMERGENCY COMMUNICATIONS
The Ukiah Valley Fire District receives dispatch services from the CALFIRE
Communications Center at Howard Forest. This Dispatch Center is a designated
Secondary Answering Point. 911 calls received within the District first originate at the
MCSO dispatch center and are then routed to the CALFIRE dispatch center if they are
medical or fire related. The County of Mendocino negotiates and provides funding for this
dispatch contract.
Currently, the County, City and CALFIRE are under contract to consolidate 911
communication systems with the State of California 911 office. Under this consolidation
effort, the County and City are designated as primary answering points and CALFIRE is
considered a secondary answering point.
The City of Ukiah is designated as the Primary Answering Point for 911 calls originating
within the City of Ukiah and the City of Ukiah is responsible for the costs of providing a 911
communications center and dispatching emergency operations; including fire and medical
related emergency calls.
To assist in merging fire operations with the District, the Ukiah City Council approved a
contract with Cal-Fire for City of Ukiah fire dispatching in November of 2012. The terms of
this agreement are March 1st, 2013 to June 30th, 2015.
The City of Ukiah will continue to provide fire dispatching services through CALFIRE for the
terms of this agreement.
The City reserves the right to negotiate with CALFIRE dispatching services, or partner with
the County of Mendocino, to negotiate for dispatching services with CALFIRE or explore
negotiations with another vendor that the County of Mendocino may choose to utilize for
fire dispatching services.
9. CITY POWERS AND ENFORCEMENT OF CITY ORDINANCES
It is agreed that in performing the services pursuant to this Agreement, District shall have all
the powers of City and shall receive all cooperation possible from City to enable efficient
enforcement of such rules, regulations, resolutions, and/or ordinances of City that are
enforced by District pursuant to this Agreement. In the event District believes that a City
ordinance is invalid, District will not be obligated to enforce such ordinance until reviewed
and determined to be acceptable by the District’s Counsel.
City is responsible for the validity of its rules, regulations, resolutions, and ordinances,
including any ordinances or codes incorporated by reference in City’s ordinances or code,
11
and City shall defend, hold harmless, and indemnify District, its officers, agents, and em-
ployees, with respect to any lawsuit or action challenging the validity of a City ordinance.
District is responsible for the validity of its rules, regulations, resolutions, and ordinances,
including any ordinances or codes incorporated by reference in District’s ordinances or
code, and District shall defend, hold harmless, and indemnify City, its officers, agents, and
employees, with respect to any lawsuit or action challenging the validity of a District
ordinance.
10. LETTERS OF UNDERSTANDING
If requested by the Fire Chief or City Manager, Letters of Understanding may be signed by
Fire Chief and City Manager with respect to questions relating to the provision of service
under this Agreement. Letters of Understanding will set forth the question raised and the
agreements reached. The intent and purpose of each such Letter of Understanding shall
be to administratively implement, interpret, or clarify one or more provisions of this
Agreement. No such Letter of Understanding shall have the effect of amending this
Agreement unless an amendment to this Agreement is approved in writing by the City
Council and the District Board of Directors. In the event of any inconsistency or ambiguity
between the terms of such Letter of Understanding and the terms of this Agreement, the
terms of this Agreement shall prevail.
11. PLANNING, COORDINATION, SERVICE AGREEMENT, AND BOUNDARY CHANGE
The City and District agree to cooperate in good faith and participate in all planning as it
relates to the provision of fire and emergency medical services which affect the City. The
District will be notified of all City General and Specific plan amendments, and amendments
to land-use regulations affecting the provision of fire and EMS in the City. Upon their
request, the Fire Chief or his designee will be included in public facility planning in the
same manner as City staff.
12. LEGAL
The Fire Chief or his designee will consult with the City Manager or his/her designee who
may authorize contact with the City Attorney when District actions are within the City
boundaries and involve City ordinances, policies, or related issues. District will consult with
District’s attorney when considering action within the District. For actions involving both
jurisdictions, both attorneys may collaborate as appropriate. Cost of counsel will be borne
by the respective agency.
13. MUTUAL INDEMNIFICATION
District shall defend, indemnify, protect, and hold City and its agents, officers, and
employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including injury to District’s employees,
agents, or officers or other claims for damages which arise from or are connected with or
are caused or claimed to be caused by the acts or omissions of District, and its agents,
officers, or employees, in performing this Agreement and the services herein; provided,
12
however, that District’s duty to indemnify and hold harmless shall not include any claims or
liability to the extent the claim or liability arises from the negligent or wilfully wrongful acts
or omissions of the City, its agents, officers, or employees, including employees assigned
to the District pursuant to this Agreement. The District shall indemnify and defend the City
from and against any vicarious liability arising from the acts or omissions of City employees
for carrying out the policies, ordinances, rules or directions of the District or the Fire Chief,
where the claim is not based on the negligent or willfully wrongful act or omission of the
City employee.
CITY shall defend, indemnify, protect, and hold District and its agents, officers, and
employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including injury to City’s agents, officers,
or employees which arise from or are connected with or are caused or claimed to be
caused by the acts or omissions of City, and its agents, officers, or employees, in
performing this Agreement; provided, however, that City’s duty to indemnify and hold
harmless shall not include any claims or liability to the extent the claim or liability arises
from the negligent or wilfully wrongful acts or omissions of the District, its agents, officers,
or employees.
14. INSURANCE
Each Party shall be responsible for maintaining a program of insurance or self-insurance,
or any combination thereof that shall cover each Party’s indemnification obligations.
Without in any way affecting the indemnity herein provided and in addition thereto, each
Party shall secure and maintain throughout the Agreement the following types of insurance
or self-insurance, including coverage through a pooled risk joint powers agency such as
the Redwood Empire Municipal Insurance Fund with limits as shown.
1) Workers’ Compensation:
A program of Workers’ Compensation Insurance or a state-approved self-insurance
program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer’s Liability with $250,000 limits
covering all persons providing services on behalf of each Party and all risks to such
persons under this Agreement.
2) Comprehensive General and Automobile Liability Insurance or Self-Insurance:
This coverage is to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy or self-insurance shall have
combined single limits for bodily injury and property damage of not less than two
million dollars ($2,000,000.00).
Additional Named Insured:
All policies, memoranda of coverage or self-insurance, except Workers’
Compensation, shall contain additional endorsements naming each Party and its
officers, employees, agents and volunteers as additional named insured with respect
to liabilities arising out of each Party’s performance hereunder.
3) Policies Primary and non-Contributory:
All policies required above are to be the primary and non-contributory with any
insurance or self-insurance carried or administered by each Party.
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15. ADDITIONAL DOCUMENTS AND AGREEMENTS
The parties agree to cooperate in the execution of any additional documents or
agreements that may be required to carry out the terms of this Agreement.
16. SUCCESSORS
This Agreement shall bind and inure to the benefit of all successors and assigns of the
parties and any associates in interest, and their respective directors, officers, agents,
servants, and employees, and the successors and assigns of each of them, separately
and collectively.
17. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced pursuant to the laws of the State of
California. Each Party consents to the jurisdiction and venue of the Ukiah Branch of the
Mendocino County Superior Court and waives any right pursuant to Code of Civil
Procedure §394 or otherwise to seek a change of venue or an out-of-county judge.
18. AGREEMENT CONTROLLING
In the event of a conflict between the provisions of the text of this Agreement and the
Exhibits, the provisions of the text shall prevail.
19. NOTICES
Whenever notice or other communication is permitted or required by this agreement, it
shall be deemed given when personally delivered or when received, if delivered by
overnight courier or fax or email, if receipt is acknowledged in writing, or 48 hours after it
is deposited in the United States mail with proper first class postage affixed thereto and
addressed as follows:
City of Ukiah: Ukiah Valley Fire Protection District:
City Manager Fire Chief
City of Ukiah Ukiah Valley Fire Protection District
300 Seminary Avenue 1500 South School Street
Ukiah, CA 95482-5400 Ukiah, CA 95482
Fax: Fax:
Email: Email:
Changes may be made in addresses where notices are to be delivered by giving notice
pursuant to this provision.
20. GENERAL PROVISIONS
Unless otherwise specifically prescribed in this Agreement, the following provisions shall
govern its interpretation and construction. Time is of the essence of this Agreement.
14
Neither the District nor the City shall be relieved of its obligation to comply promptly with
any provisions of this Agreement by any failure of the other party to enforce prompt
compliance with any of its provisions.
Unless otherwise specified in this Agreement, any action authorized or required to be
taken by the City shall be taken by the City Council or by the City Manager or his/her
designee in conformance with City policies. Unless otherwise specified in this
Agreement, any action required or authorized by this Agreement to be taken by the
District shall be taken by the Fire Chief or the District Board of Directors in accordance
with District policies.
If during the term of this Agreement the taxing ability of the District and/or City is limited
by a State-wide ballot measure, Legislative action, a Court decision, the expiration of the
half-cent sales tax enacted by Ukiah Measure S in the City, or any other reason, and if,
as a result of the tax limitation, the District is unable to provide the level of service
required by this Agreement, or if the City is unable to pay District for the established
levels of service, the parties, subject to their continuing right of termination pursuant to
paragraph 7, may elect to renegotiate this Agreement in good faith. The District is
informed and understands that approximately 25% of the City’s budget for public safety,
including police and fire, is funded by Measure S, which will expire by September 25,
2015, unless extended or replaced in a municipal election.
This Agreement is subject to any applicable constitutional and City taxing or debt
limitations and is contingent upon the City appropriating funds. If the City fails to
appropriate the funds necessary for this Agreement, notice shall be given and both
parties immediately negotiate a service transition.
21. ASSIGNMENT/DELEGATION
Neither party hereto shall assign, sublet, or transfer any interest in this Agreement or any
duty hereunder without written consent of the other, and no assignment shall be of any
force or effect whatsoever unless and until the other party shall have so consented.
22. NONDISCRIMINATION
District and City shall comply with all applicable federal, state, and local laws, rules, and
regulations in regard to nondiscrimination in employment because of race, color,
ancestry, national origin, religion, sex, marital status, age, medical condition (including
an AIDS or HIV condition), handicap, or other prohibited basis. All nondiscrimination
rules or regulations required by law to be included in this Agreement are deemed
incorporated by this reference.
23. AMENDMENT
This Agreement may only be amended in writing by an amendment authorized by the
City Council and District Board of Directors.
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24. WARRANTY OF LEGAL AUTHORITY
Each party warrants and covenants that it has the present legal authority to enter into
this Agreement and to perform the acts required of it hereunder. If any party is found to
lack the authority to perform the acts required of it hereunder or is prevented from
performing the acts by a court of competent jurisdiction, this Agreement shall be void.
25. NO THIRD PARTY BENEFICIARY
No third party beneficiaries are intended by the Parties to have standing to enforce the
terms of this Agreement which is solely for the benefit of each Party. Third parties have
no standing to object to the amendment of this Agreement by the Parties. All such
amendments must be in writing, approved in accordance with the law governing a
Party’s approval of agreements and executed by an authorized office of each Party.
26. ENTIRE AGREEMENT
This document is intended both as the final expression of the Agreement between the
parties hereto with respect to the included terms and as a complete and exclusive
statement of the terms of the Agreement. This Agreement may be executed in
counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
UKIAH VALLEY FIRE PROTECTION DISTRICT
Dated: _________________________ By: __________________________
Board President
ATTEST:
_______________________________
Clerk of the Board
Reviewed as to form by DISTRICT:
Dated: __________________________ By: __________________________
District Counsel
CITY OF UKIAH
Dated: _________________________ By: _________________________
City Manager
Reviewed as to form by CITY:
16
Dated: __________________________ By: __________________________
City Attorney
“EXHIBIT A”
Staffing
Fire stations will be staffed with a minimum of 2 full-time personnel (at least one person at
station 641 and 643 shall be a paramedic) and 1 stipend FF per shift in the following ranks and
certifications:
Daily Executive Staff Access
The Fire Chief will be available for daily executive staff access to the CITY. This will provide
contact, on a as needed basis, of a senior chief officer to the CITY Manager and policymakers.
Fire
Station
Location Personnel Rank Apparatus
No. 641 1500 S State St
Ukiah, Ca. 95482
!
1
1
Capt.
FAE
FF/S
Engine Type 1 w/ Medic
Wildland Engine type 3
No. 643 141 Lovers Lane
Ukiah, Ca. 95482
1
1
1
Capt.
FAE
FF/S
Ladder Truck (Quint) w/
Medic
Wildland Engine type 3
No 642 300 Seminary
Ukiah, Ca 95482
Volunteers Type 1
Water Tender
17
The secretary/clerical personnel will also provide receptionist services and assist with
coordination of fire inspection services in the CITY. The Fire Chief shall attend City Department
Head meetings when deemed necessary and shall be a functional Department Head in terms of
the City’s Executive Team as requested by the City Manager. The Fire Chief shall also serve as
the Assistant Director of Emergency Services [per City resolution].
EMS Level
Staff and equip first out Engine or Truck at the north and south station as a priority, to the
paramedic level. One paramedic per unit minimum.
Inspection and Investigations
The District will establish fire inspection zones for each fire station and establish fire code
prescribed frequencies for required inspections. Fire investigators will be available to fire scenes
for fire cause determination 24 hours per day.
Fire Prevention Planning and Inspection
CITY desires to provide “one stop” planning and building services to minimize processing
delays. DISTRICT will provide the City Fire Marshall for these services. The City agrees to
provide work space for staff performing these duties. The District will work with the City Fire
Marshall to establish a schedule of fees to cover the costs of providing services, issuing permits
and enforcing regulations within the City. The City Fire Marshall under the direction of the Fire
Chief City will provide planning services for CITY projects and special events. The function of
the District / City fire prevention shall be the implementation, administration and enforcement of
the provisions of applicable codes.
Grants
DISTRICT will work proactively with CITY in seeking grant opportunities that are mutually
beneficial. DISTRICT will apply on behalf of the CITY for grants, reimbursements, and other
forms of funding.
Other Services
Along with services outlined previously herein, other emergency services to be provided include:
hazardous materials, water rescue, technical rescue, wildland fire suppression, confined space
rescue, urban search and rescue; and those other activities associated with the emergency
services. The DISTRICT shall continue to maintain cooperative efforts with a regional approach
with other providers of specialized services.
Community Liaison/Community Involvement
Fire prevention educational materials will be provided for use and dissemination within the
CITY. The Division Chief, or designee will provide community liaison/community involvement
duties for the CITY, consistent with the current level of service. Community involvement will
18
include participation and involvement in key organizations as defined by the CITY. They may
include but are not limited to: School, civic organizations.
Emergency Management
The DISTRICT will make available to the CITY an officer at the captain level position or above
to function as Emergency Management liaison, consistent with current level of service.
DISTRICT will coordinate Emergency Management activities with the CITY
1
“EXHIBIT A”
Staffing
Fire stations will be staffed with a minimum of 2 full-time personnel (at least one person at
station 641 and 643 shall be a paramedic) and 1 stipend FF per shift in the following ranks and
certifications:
Daily Executive Staff Access
The Fire Chief will be available for daily executive staff access to the CITY. This will provide
contact, on a as needed basis, of a senior chief officer to the CITY Manager and policymakers.
The secretary/clerical personnel will also provide receptionist services and assist with
coordination of fire inspection services in the CITY. The Fire Chief shall attend City Department
Head meetings when deemed necessary and shall be a functional Department Head in terms of
the City’s Executive Team as requested by the City Manager. The Fire Chief shall also serve as
the Assistant Director of Emergency Services [per City resolution].
EMS Level
Fire
Station
Location Personnel Rank Apparatus
No. 641 1500 S State St
Ukiah, Ca. 95482
!
1
1
Capt.
FAE
FF/S
Engine Type 1 w/ Medic
Wildland Engine type 3
No. 643 141 Lovers Lane
Ukiah, Ca. 95482
1
1
1
Capt.
FAE
FF/S
Ladder Truck (Quint) w/
Medic
Wildland Engine type 3
No 642 300 Seminary
Ukiah, Ca 95482
Volunteers Type 1
Water Tender
2
Staff and equip first out Engine or Truck at each fire company the north and south station as a
priority, to the paramedic level and advanced life-support level (ALS). One paramedic per unit
minimum.
Inspection and Investigations
The District will establish fire inspection zones for each fire station and establish fire code
prescribed frequencies for required inspections. Inspections in general business occupancies
such as office complexes and retail outlets will be inspected every two years. Fire investigators
will be available to fire scenes for fire cause determination 24 hours per day.
Fire Prevention Planning and Inspection
CITY desires to provide “one stop” planning and building services to minimize processing
delays. DISTRICT will provide the City Fire Marshall for these services. The City agrees to
provide work space for staff performing these duties. The District will work with the City Fire
Marshall to establish a schedule of fees to cover the costs of providing services, issuing permits
and enforcing regulations within the City. The City Fire Marshall under the direction of the Fire
Chief City will provide planning services for CITY projects and special events. The function of
the District / City fire prevention shall be the implementation, administration and enforcement of
the provisions of applicable codes.
Grants
DISTRICT will work proactively with CITY in seeking grant opportunities that are mutually
beneficial. DISTRICT will apply on behalf of the CITY for grants, reimbursements, and other
forms of funding.
Other Services
Along with services outlined previously herein, other emergency services to be provided include:
hazardous materials, water rescue, technical rescue, wildland fire suppression, confined space
rescue, urban search and rescue; and those other activities associated with the emergency
services. The DISTRICT shall continue to maintain cooperative efforts with a regional approach
with other providers of specialized services.
Community Liaison/Community Involvement
Fire prevention educational materials will be provided for use and dissemination within the
CITY. The Division Chief, or designee will provide community liaison/community involvement
duties for the CITY, consistent with the current level of service. Community involvement will
include participation and involvement in key organizations as defined by the CITY. They may
include but are not limited to: School, civic organizations.
3
Emergency Management
The DISTRICT will make available to the CITY an officer at the captain level position or above
to function as Emergency Management liaison, consistent with current level of service.
DISTRICT will coordinate Emergency Management activities with the CITY
1 AGREEMENT
2 ~
3 ADMINISTRATION OF FIRESERVICES
4 beDNeen
5 THEHOPLAXDFIREDISTRICT
6 and
7 THEUKIAHVALLEYFIREDISTRICT
8
9 ThisAgreementismadeand entered intothis twenty-firstdayof March,2012,by
10andbetween the HoplandFireDistrict(hereafterHOP)andtheUkiahValleyFireDistrict
11(hereafter UKV),bothindependent governmententities createdunder thelawsofthe
12StateofCalifornia.
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HoplandFire 7077441198 p.1
1.DEFINITIONS:
(a)As usedinthis Agreement,the term "administrationof fire services"shall
mean allactivities andfunctionsexercisedby the UKVinconductingits
businessunderauthorizationofstatutes,regulations,ordinances,codes,
rules,policies andprocedures.
2.PARTIES:
HOPand UKV areduly establishedandexisting legal entitiesandfire
protection districtsexistingpursuant toSections 13800,et seq.oftheHealth
and Safety Codeof the State ofCalifornia andbothhave theauthority toenter
intocontracts,includingcontractswithotherpublicagencies,forpurposes of
providingservices,including butnotlimited to the fieldof administration.
3.TERMOFTHEAGREEMENT:
I
I4·
This AgreementshallbecomeeffectiveonApril1,2012,andshallremainin
forceunlessterminatedpursuant totheprovisions ofthis Agreement.
PURPOSEANDINTENTOFPARTIES:
ThisAgreement is consistent with the desires of bothparties to explore a
coordinatedsystemofprovidingfortheadministrationoffireserviceswithin
the jurisdictions of HOPandUKV,whichcouldenhancepublic safety,
convenience,economyand general welfare.
5.HOPOBLIGATIONS:
(a)HOP agreestoprovideits FireChief,(hereafter CHIEF),anditsclerical
supporttoprovideadministrationoffire servicesfor UKV.The CHIEF
shallbedeemedto be the FireChief forthe UKVfor purposesrequiredby
law.TheCHIEF willequally devotehis entireproductive time,ability
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HoplandFire 7077441198 p.2
andattentiontothebusinessofHOPandUKVduringthetermofthis
Agreement.
(b)TheCHIEFandclericalsupportshallbeemployeesofHOP,shallretain
allrightsandprivilegesofemploymentthereof,andshallbegovernedby
andoperateundertherules,regulations,policies,proceduresand
employmentagreementsofHOP.TheCHIEFwillreportdirectlyto
UKV'sBoardofDirectorswhileperformingadministrationoffire
servicesforUKVandwillbegovernedbyandoperateundertherules,
regulations,policiesandproceduresoftheUKVduringthattime.
(c)HOPshallberesponsibleforsalariesandemployeebenefitsprovidedto
itsFireChiefandclericalsupport.
(d)HOPshallprovideWorkers'CompensationInsurancecoverageforitsFire
Chiefandclericalsupport.
6.UKVOBLIGATIO:.JS:
(a)UKVshalltakeallstepsrequiredtodelegatefullauthorityfor
administrationoffireservicesfortheUKVtotheCHIEFduringtheentire
tennofthisAgreement
(b)UKVshallfurnishallequipment,supplies,records,reportsandfacilities
necessaryfortheCHIEFtoperformadministration of fireservicesfor
UKV.UKV shallreimburseHOP$4,975.00per monthplusmileage:at
theIRSmileagerate,andany incidentalcosts andexpensesnecessarily
incurredintheadministrationoffireservicesfor "lJKV.tJKV shall
reimburseHOP for clerical support totheCHIEFatanhourlyrateof
$16.50,not toexceed52hoursper month.
(c)UKV shall maintainduringtheterm of thisAgreementcomprehensive
liabilityinsurancecoverage,atalevelequaltoorgreaterthanitscurrent
limits,whichnamesHOPasanadditionalinsuredandindemnifiesHOP
anditsFireChiefandclericalsupportagainstandfromanyandallclaims
arisingfromerrorsandloromissionswhichmayoccurinperforming the
dutiesandobligationsexpressedinthisAgreement.
..,
/.HOLD HARMLESS:
(a)UKVshallholdharmless,andshallindemnifyHOP,itsFireChief,
officers,employeesandagents,fromanyandallcosts,damages,claims,
fees (including attorney fees or other court related costs or expenses)or
otherlossesarisingoutoforinanywayrelatedtoincidentsoccurring
priortotheeffectivedateoftbisAgreement,orarisingoutoforinany
wayrelated toactsoromissionsoftheUKVBoardofDirectorsor any
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HoplandFire 7077441198 p.3
otherUKVemployeesduringthetermofthisAgreement.Intheeventof
.anysuchclaimsorlawsuits,CKVagreestoresistanddefendsaidclaims
orlawsuitsbycounselreasonablysatisfactorytoHOP.
(b)UKVshallholdharmless,andshallindemnifyHOP,itsFireChief,
officers,employeesandagents,from anyand all costs,damages,claims,
fees(includingattorneyfeesor othercourtrelatedcostsorexpenses)or
otherlossesarisingoutofor in anywayrelatedtotheactsoromissionsof/
theCHIEF intheperformanceofthosedutiesandfunctionsoftheFire
Chiefof UKV asdelegatedbytheUKVBoardofDirectors,orarisingout
oforinanywayrelatedtothoseactsoromissionsconnectedwiththe
administrationoffireservicesforUKV.Intheeventofanysuchclaims
orlawsuits,UKVagreestoresistanddefendsaidclaimsorlawsuitsby
counselreasonablysatisfactorytoHOP.
(c)HOPshallholdharmless,andindemnifyUKV,itsofficers,agentsand
employeesfromany andallcosts,damages,claims,fees(including
attorneyfeesorotherrelatedcostsorexpenses)orotherlossesarisingout
ofor ill anywayrelatedtoactsoromissionsoftheHOPBoardof
Directorsorany HOP employeeintheperformanceoftheirjobsorduties
onbehalfofHOPorasdirectedby theHOPBoardofDirectors,except
thosejobsanddutiesperformedonbehalfof UKVinaccordance withthis
AgreementorasdirectedbytheUKVBoardofDirectors.HOP agreesto
resistanddefendsaidclaimsorlawsuitsagainstUKVbycounsel
reasonablysatisfactorytoUKV.
8.TERMINATION:
EitherpartymayterminatethisAgreementuponprovidingthepartywith
thirty (30)days written notice of its intenttoterminate.
9.SAVINGSCLAUSE:
IntheeventanypartofthisAgreementisdeclaredinvalidorunenforceable
byacourtof competentjurisdiction,theremainderofthisAgreementshallbe
andremainin full forceandeffectunlessthedeletionoftheinvalidor
unenforceableportionfrustratesthepurposeandintentofthisAgreement.
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7077441198 p.4
THEPARTIESHERETO haveexecuted thisAgreementonthe date
specified.
BOARDOFDIRECTORSOFTHE
HOPLANDFIREDISTRICT
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BOARDOFDIRECTORSOFTHE
UKIAHVALLEYFIREDISTRICT
~~,~J rryUZZaI resident
Date
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24 HOPandUKVaredulyestablishedandexistinglegalentitiesandfireprotection
25 districtsexistingpursuanttoSections13800,etseq.oftheHealthandSafetyCodeof
26 theStateofCalifornia.TheCityofUkiahisagenerallawmunicipalcorporation
27 whichoperatesafiredepartmentpursuanttoSections38600,etseq.California
28 GovernmentCode.Eachagencyhastheauthoritytoenterintocontractswithother
_29-=-----I:p--=u-=-bl=ic~a,gencies,forpurposesofprovidingservices,includingbutnotlimitedto,the
30 fieldofadministration.
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AGREEMENT
for
ADMINISTRATIONOFSERVICES
between
THEHOPLANDandUKIAHVALLEYFIREDISTRICT
and
UKIAHCITYFIREDEPARTMENT
ThisAgreementismadeandenteredintothis /6'~of /1"A/,2012,
byandbetweentheHoplandFireDistrict(hereafterHOP),theUkiahVal~District
(hereafterUKV)andtheUkiahofCityinconnectionwithoperationofitsFireDepartment
(hereafterUFD),allthreeindependentgovernmententitiescreatedunderthelawsoftheStateof
California.
1.DEFINITIONS:
(a)AsusedinthisAgreement,theterm"administrationoffireservices"shallmean
.allactivitiesandfunctionsexercisedbytheUFDinconductingitsbusinessunder
authorizationofstatutes,regulations,ordinances,codes,rules,policiesand
procedures.
2.PARTIES:
3.TERMOFTHEAGREEMENT:
Thisagreementshallbecomeeffectiveon /S~012,andshallremainin
forceunlessterminatedpursuanttotheprovisionsofthis~reement.
4.PURPOSEANDINTENTOFPARTIES:
ThisAgreementisconsistentwiththedesiresofallpartiestoexploreacoordinated
systemofprovidingfortheadministrationoffireserviceswithinthejurisdictionsof
HOP,UFDandUKV,whichcouldenhancepublicsafety,convenience,economyand
generalwelfare.
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_--=2:.::9 -'----~U~F_'=D~sh~a~I:.:...1~tak=::.::e~al~l:_=s::..:te:=Jpr.;s=---:.::re~q~u~ir~e~d---.:t;=o~d;=e::.:l.=Jeg:'-=a=te=-----::fu.:;c1~I---=a:::u=th::'o_=__r'=:it::y-_;'f1:;::o~r___:_a:::d:::m:::i:::n::::is:..::tr:.::a=;ti~on~o-:-f~fi~re~--___
30 servicefortheUFDtotheCHIEFduringtheentiretermofthisAgreement.TheUkiah
31 DirectorofPublicSafetyshallreporttotheUkiahCityManager,andworkwiththe
32 CHIEF,onissuesrelatingtofireandambulanceadministration,includingbudgetary
33 decisions,dispatchingservices,andfutureplanningforcontractingofservicesorafuture
34 lPAagreement.
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5.HOPOBLIGATIONS:
(a)HOPagreestoprovideitsFireChief,(hereafterCHIEF),toprovide
administrationoffireservicesforHOP,UFDandUKV.TheCHIEFshallbe
deemedtobetheFireChieffortheUFD,UKVandHOPforpurposesrequiredby
law.TheCHIEFwillequallydevotehisentireproductivetime,abilityand
attentiontothebusinessofHOP,UKVandUFDduringthetermofthis
Agreement.
(b)TheCHIEFshallbeanemployeeofHOP,shallbegovernedbyandoperateunder
therules,regulations,policies,proceduresandemploymentagreementsofHOP.
TheCHIEFwillreportdirectlytotheUkiahCityManagerwhileperformingFire
CHIEFservicesforUFDandwillbegovernedbyandoperateundertherules,
regulations,policiesandproceduresoftheUFDduringthattime.(TheUkiah
DirectorofPublicSafetyshallcontinuetoreporttotheUkiahCityManager,and
__.work withthe._CHIEF,_onissuesrelating.tofire__andambulance .administration,
includingbudgetarydecisions,dispatchingservices,"andfutureplanningfor
contractingofservicesorafuturelPAagreement.)
(c)HOPshallberesponsibleforsalariesandemployeebenefitsprovidedtoitsFire
ChiefandwithrespondingtoclaimsasprovidedinTitle1,Division3.6ofthe
CaliforniaGovernmentCode,including,butnotlimitedto,Part7,commencing
withSection995.
(d)HOPshallprovideWorkers'CompensationInsurancecoverageforitsFireChief.
6.UFDOBLIGATIONS:
(a)UFDshallfurnishallequipment,supplies,records,reports,andfacilitiesnecessary
fortheCHIEFtoperformadministrationoffireservicesforUFD.UFDshall
reimburseHOP$3500.00permonthasitstotalshareofthecostsfortheservicesof
theCHIEF.
(b)UFDshallmaintainduringthetermofthisAgreementtheequivalentof
comprehensiveliabilityinsurancecoveragethroughitsmembershipintheRedwood
MunicipalInsuranceFund("REMIF")atalevelequaltoorgreaterthanitscurrent
scopeofcoverageandpolicylimits,whichnamesHOPandUKVasadditional
insureds.
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7.HOLDHARMLESS:
(a)UFDshallholdharmless,andshallindemnifyHOPandUKV,itsFireChief,
officers,employeesandagents,fromanyandallcosts,damagesclaims,fees
(includingattorneyfeesorothercourtrelatedcostsorexpenses)orotherlosses
arisingoutoforinanywayrelatedtoincidentsinvolvingonlytheUFD,which
occurredpriortotheeffectivedateofthisAgreement.Intheeventofanysuch
claimsorlawsuits.UFDagreestoresistanddefendsaidclaimsorlawsuitsby
counselreasonablysatisfactorytoHOPandUKV.
(b)UFDshallholdharmless,andshallindemnifyHOPandUKV,itsFireChief,
officers,employeesandagents,fromanyandallcosts,damagesclaims,fees
(includingattorneyfeesorothercourtrelatedcostsorexpenses)orotherlosses
arisingoutoforinanywayrelatedtoactsoromissionsoftheCHIEFinthe
.perfo.nnance_oLthose_duties_and.limctions_oLthe_EireChieLoLUED-as-delegated-
bytheUkiahCityManager,orarisingoutoforinanywayrelatedtothoseactsor
omissionsconnectedwiththeadministrationoffireservicesforUFD;exceptany
actsoromissionsoftheCHIEFperformedatthedirectionoftheHoplandBoard
ofDirectors.Intheeventofanysuchclaimsorlawsuits.UFDagreestoresistand
defendsaidclaimsorlawsuitsbycounselreasonablysatisfactorytoHOPand
UKV.
(c)HOPandUKVshallholdharmless,andshallindemnifyUFDitsofficers,agents
andemployeesfromanyandallcosts,damagesclaims,fees(includingattorney
feesorotherrelatedcostsorexpenses)orotherlossesarisingoutoforinanyway
relatedtoincidentsinvolvingonlyHOPand/orUKVoccurringpriortothe
effectivedateofthisAgreement,orarisingoutoforinanywayrelatedtoactsor
omissionsoftheHOPorUKVBoardofDirectorsoranyHOPorUKVem12lo)':=ee"----~
intheperformanceoftheirjobordutiesonbehalfofHOP Of UKVorasdirected
bytheHOPorUKVBoardofDirectors,exceptthosejobsordutiesperformedon
behalfofUFDinaccordancewiththisAgreementorasdirectedbytheUkiah
CityManager.HOPorUKVagreestoresistanddefendsaidclaimsorlawsuits
againstUFDbycounselreasonablysatisfactorytoUFD.
(d)Eachparty(HOP,UKVandUFD)shallprovidetheotherpartywithsatisfactory
evidencethattheotherpartyhasbeennamedasanadditionalinsuredorcovered
partyunderindemnifyingparty'spublicliabilityinsurance,iftheindemnifying
partyisinsuredbyaninsurancecompany,ormemorandumofcoverage,ifthe
indemnifyingpartyisinsuredbyajointpowersagency.
8.TERMINATION:
EitherpartymayterminatethisAgreementuponprovidingthepartywiththirty(30)
dayswrittennoticeofitsintenttoterminate;provided,however,thattheobligations
underparagraphs6(c)and7shallremainineffectaftersaidterminationwithrespect
toclaimsarisingfromactsoromissionsoccurringduringthetermofthisAgreement.
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9.SAVINGSCLAUSE:
Inthe eventany partofthisAgreementisdeclaredinvalidorunenforceableby a
courtofcompetentjurisdiction,theremainderofthisAgreementshallbeandremain
infullforceandeffectunlessthedeletionoftheinvalidorunenforceableportion
frustratesthepurposeandintentofthisAgreement.
THEPARTIESHERETOhaveexecutedthisAgreementonthedatespecified.
BOARDOFDIRECTORS
OFTHEHOPLANDFIRE
DISTRICT
BOARDOFDIRECTORS
OFTHEUKIAHVALLEY
DISTRICT
8-/5'/'1-/
Date
UKIAHCITYMANAGER
UKIAHFIREDEPARTMENT
~cLL(j__'_/aneCh~bers,City.Manager --JY/u;/;.~
-------------------------------------------
41Page
EXHIBIT C
JOHN BARTLETT
Fire Chief
In cooperation with the City of Ukiah Fire Department the Ukiah Valley
Fire District is implementing a Volunteer Stipend Program
THE FIRE FIGHTER/ENGINEER STIPEND PROGARAM
is open to Volunteers of the Ukiah Valley Fire District, the City of Ukiah Fire
Department, and the Hopland Fire District.
Final Filing Date: OPEN
THE POSITION
Stipend Fire Fighters are intended to provide extra staffing for the Ukiah Valley
Fire District and Ukiah City Fire response area. Funding is available for one shift at
Station 642 and one shift at Station 641, 7 days a week.
Qualified volunteers may work either the day, night or both. The stipend pay for
the full shift is the combination of the day shift and the night shift pay.
The Fire Fighter shall report to the Company Officer that they are assigned to. This is a non-
supervisory position. Under direction from the Company Officer, a fire fighter protects life and
property from fire and destruction by natural and man made cause; conducts rescue and salvage
operations and performs related work as required. Primary duties will be to respond to fire
alarms, aid in the suppression of fires, operate apparatus, administer emergency medical care,
and operate resuscitation and other specialized rescue equipment.
JOB REQUIRMENTS AND QUALIFICATIONS
ABILITY TO:
• Learn technical fire fighting principles and techniques.
• Drive and operate District or City apparatus with care and safety in accordance with
traffic laws, ordinances and district regulations.
• Maintain proficiency and competence in advanced First Aid techniques.
• Write and maintain records and reports.
• Understand and carry out oral and written directions and orders.
• Establish and maintain cooperative working relationship with those contacted in the
course of duty and work.
Minimum Qualifications:
Possession and maintenance of a valid California Class C or better driver’s license.
High School graduate or its tested equivalent.
Current CPR/First Aid Card
Minimum age at time of appointment 18 years old.
Citizen of the United States
Must pass a medical, drug and physical examination as outlined under the guidelines on
the Ukiah Valley Fire District policy.
Ukiah Valley Fire District
1500 South State Street
Ukiah, California 95482-6709
PHONE (707) 462-7921
FAX (707) 462-2938
E-MAIL uvfd@mcn.org
EXHIBIT C
STIPEND PAY INFORMATION
RANK DAY SHIFT NIGHT SHIFT 24 HOUR SHIFT
Firefighter $100.00 $50.00 $150.00
Engineer $115.00 $60.00 $175.00
SPECIAL NOTES
Timesheets will be issued for the stipend shifts worked for the previous two weeks
ending on the 15th and the last day of the month. Shifts will be kept on the District daily
activity sheet (Gold Sheet) by the Duty Officer.
Checks will be issued on the 15th and on the last day of the month.
A calendar will be posted each month on the 10th of the prior month. The calendar will
remain till the 17th of each month. A calendar will be posted on the 25th of each month
to each department for that month’s schedule.
If you sign up for a shift and you need to cancel, it is your responsibility to fill that spot.
UKIAH UKIAH VALLEY
FIRE DEPARTMENT FIRE DISTRICT
John Bartlett John Bartlett
Fire Chief Fire Chief
300 Seminary Avenue 1500 South State Street
Ukiah, CA 95482 Ukiah, CA. 95482
Bus: (707) 463-6261 Bus. (707) 462-7921
jbartlett@cityofukiah.com chief6400@att.net
UVFD / UFD EQUIPMENT MILEAGE 4/1/2014
BEGINNING ENDING
STATION VEHICLE MILEAGE MILEAGE
641 6400 61354
641 6403 80247
641 6504 41166
641 6505
641 6456 147866
641 6440 38247
641 6460 46194
641 6481 8886
641 6468 69678
641 6580 55945
642 6547 25786
642 6490 19514
642 6483 94220
642 6485 87040
642 6520 07727
642 6560 53216
643 6584 68676
643 6552 18421
643 6472 29285
643 6545 75732
643 6431 27213
UKIAH UKIAH VALLEY
FIRE DEPARTMENT FIRE DISTRICT
John Bartlett John Bartlett
Fire Chief Fire Chief
300 Seminary Avenue 1500 South State Street
Ukiah, CA 95482 Ukiah, CA. 95482
Bus: (707) 463-6261 Bus. (707) 462-7921
jbartlett@cityofukiah.com chief6400@att.net
UVFD / UFD EQUIPMENT MILEAGE 4/1/2014
BEGINNING ENDING
STATION VEHICLE MILEAGE MILEAGE
641 6400 61354
641 6403 80247
641 6504 41166
641 6505
641 6456 147866
641 6440 38247
641 6460 46194
641 6481 8886
641 6468 69678
641 6580 55945
642 6547 25786
642 6490 19514
642 6483 94220
642 6485 87040
642 6520 07727
642 6560 53216
643 6584 68676
643 6552 18421
643 6472 29285
643 6545 75732
643 6431 27213
FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES
BETWEEN UVFD & CITY OF UKIAH
APRIL 2, 2014
INTERIM TWO YEAR AGREEMENT
TWO YEAR INTERIM AGREEMENT
FORMALIZES WORKING MERGER
CITY COUNCIL HAS PREVIOUSLY DISCUSSED THE WORK OF THE FIRE
CONTRACT AD/HOC MEMBERS AT THE JANUARY 29, 2014 WORKSHOP
MEETING AND ON FEBRUARY 5, 2014 CITY COUNCIL MEETING
DIRECTION WAS GIVEN ON FEBRUARY 5, 2014, TO PROCEED WITH
DEVELOPMENT OF AGREEMENT
AGREEMENT AS PRESENTED HAS BEEN APPROVED AND DEVELOPED BY
EFFORTS OF THE JOINT FIRE CONTRACT AD/HOC MEMBERS FROM THE CITY
AND THE DISTRICT, CHIEF BARTLETT AND CITY MANAGER CHAMBERS, AND
DRAFTED BY CITY ATTORNEY RAPPORT WITH INPUT AND COMMENT FROM
DISTRICT ATTORNEY JAMES LANCE.
CHANGE FROM PREVIOUS PRESENTATIONS: DISTRICT PERSONNEL IS 5
FIREFIGHTERS AND ONE FULL TIME DIVISION CHIEF. ALL OTHER SERVICE
PROVISIONS REMAIN THE SAME.
CITY OBLIGATIONS UNDER CONTRACT
PROVIDES NINE FIRE FIGHTERS AND TWO DIVISION CHIEFS
PROVIDES USE OF FIRE ENGINES, ROLLING STOCK AND RELATED
EQUIPMENT
MAINTAINS EQUIPMENT IN OPERATIONAL CONDITION
PROVIDES TRAINING TOWER AND TRAINING ROOM, ACCESS TO
GARAGE, AND OFFICES IN FIRE FACILITY
CITY EMPLOYEES RECEIVE PAYCHECKS, INCLUDING OVERTIME,
FROM CITY OF UKIAH
CHIEF BARTLETT COMMANDS CITY PERSONNEL, OPERATIONS, AND
EXPENDITURES
CITY COST UNDER AGREEMENT
FIXED ANNUAL COSTS
CITY WILL EQUALIZE PAYMENT AND BENEFITS FOR PERSONNEL
OF THE DISTRICT PROVIDING SERVICES. THIS AMOUNT IS FIXED AT
$136,280 FOR SALARY AND PERS CONTRIBUTION OF $38,724
CITY WILL PAY SHARE OF FIRE CHIEF, $42,000
CITY WILL PAY COST OF VOLUNTEER PROGRAM FOR $46,257
CITY WILL PAY VOLUNTEER STIPENDS $100,350
CITY WILL PAY UTILITIES,BUILDING MAINTENANCE AND RENT AT
DISTRICT FIRE STATIONS: Year One $28,000, Year Two $45,500
SHARED COST BASED ON ACTUALS
THREE SETS OF ITEMS WILL BE SHARED 64% CITY,
36% DISTRICT BASIS:
OVERTIME ( ESTIMATED ANNUAL TOTAL FOR BOTH
GROUPS IS $180,000, WITH CITY SHARE $115,200)
FUEL & FLUIDS ( ESTIMATED ANNUAL TOTAL FOR BOTH
GROUPS IS $44,000 WITH CITY SHARE $28,160
SUPPLIES, INCLUDING EMS (ESTIMATED TOTAL $73,000
WITH CITY PAYING $46,720)
FIRE BUDGET IMPACTS
ANTICIPATED FY 2013/14 YEAR END EXPENDITURES
CURRENTLY ESTIMATED TO BE $2.5 MILLION
ANTICIPATED FY 2014/15 EXPENDITURES $2.7 MILLION
INCREASED ANNUAL FIRE SERVICE COST DURING TERM
OF AGREEMENT: $200,000 T0 $250,000
SOURCE OF FUNDS : CAPITAL RESERVES AND GROUND
EMERGENCY MEDICAL TRANSPORTATION INTEGRATED
DISCLOSURE (GEMT) FUNDS
Continued on Page 2
RECOMMENDED ACTION(S): Consider approval of request from MCOE for transfer of surplus
ambulances for use in career technical education programs and direction to staff.
ALTERNATIVES: Provide alternative direction to City Staff
Citizens advised:
Requested by: MCOE Patrick Garrett Instructor, and Dennis Aseltyne, Director Career Technical Education
Prepared by: Jane Chambers, City Manager
Coordinated with: Mary Horger, Purchasing Supervisor and City Attorney Rapport
Attachments: Attachment #1 Letter and Program Information
COUNCIL ACTION DATE: _____________: Approved Continued to___________________ Other _______
RECORDS APPROVED: Agreement: ____________ Resolution: ___________ Ordinance: __________
ITEM NO.:
MEETING DATE:
13d
April 2, 2014
AGENDA SUMMARY REPORT
SUBJECT: CONSIDER APPROVAL OF REQUEST FROM MENDOCINO COUNTY OFFICE OF
EDUCATION FOR TRANSFER OF SURPLUS AMBULANCES FOR USE IN CAREER
TECHNICAL EDUCATION PROGRAMS
Background: Mendocino County Office of Education (MCOE) has made a request to have two surplus
ambulances (#6524 and #6521) transferred to MCOE for use in two career training programs.
Attachment #1 is the letter and program information received from MCOE outlining their request to use
the ambulances for the emergency medical technician (EMT) and Scrubs and Extreme Responders
programs. The Scrubs and Extreme Responders programs take place at Ukiah High School.
In a request for further information about the programs, Dennis Aseltyne, Director Career Technical
Education, sent the following information:
“Per your request for use of surplus ambulances at Ukiah High School; we are planning on further
development of Health Careers and Medical Technology Industry sector and the Patient Care career
pathway at Ukiah HS. Health Careers is a leading market indicator for employment opportunities in
Northern Ca. There are over 200 requests by HS students to enroll for this 5 period class to date for
next school year. Having the use of simulated ambulances on site will add to a real world project based
learning experience for our students. Ben O’Neil is our Ukiah HS instructor, Patrick Garrett is our Adult
CTE instructor using the classroom at Ukiah HS and teaching our Emergency Medical Technician class.
The plan is to store the ambulances outdoors in the North West corner of the campus behind a swing arm
gate that is locked most of the day and at night. The vehicles will be incorporated into our curriculum as
stationary classrooms that happen to be on vehicles. We plan to use them in both the adult and high
school programs. The new state curriculum encourages us to place students in real world, or simulated
real world work place settings. We would use the vehicles in the parking lots of schools or fire depts. I
would like to be able to move the units between locations on the campus as well as between other
MCOE facilities and places like the fire expo at the pear tree shopping center in Oct.
Page 2 of 2
If the units where to be moved (aka placed into D, drive) no student or unauthorized person would be
allowed to ride in the vehicle. Due to the workings of the unit the engine may need to run during use but
the transmission would be placed in park with the parking brake set.
These unit’s will never be used for medical transportation.
All city decals would be removed and possibly replaced by a logo or other wording denoting MCOE
Training Unit. Signs stating out-of-service visible on all sides.
I ask that the any emergency lighting stay on the units if possible. Removal of any forward facing solid
red lights will take the units out of compliance for emergency vehicles. The purpose of the lights is
simulation of real world conditions at night (in a parking lot or training grounds). Thank you for your
consideration of this request.”
Discussion: Purchasing Supervisor Mary Horger has previously declared these units surplus, and was
planning on including the units in a public auction, prior to receipt of the request from MCOE. The value
of the units is estimated at $5,000 for the Unit #6524 (1996), and $4,000 for Unit #6521 (1993). The
Purchasing Supervisor requested information from other cities and found that it is a common practice to
make similar type donations of surplus property for non-profit activities that are of benefit to the
community, if approved by the City Council. The City Attorney is concerned that case law may not
support the transfer if a "gift of public funds" issue were raised. The City Council may wish to ask MCOE
to enter an agreement with the City that outlines the city purpose achieved by transfer of the units, or
take some other action advised by the City Attorney to address the gift issue, depending upon the City
Council's interest in transferring the units to MCOE.
FISCAL IMPACT:
Budgeted Amount in
Current FY
New Appropriation Source of Funds (Title & No.) Account Number Budget Amendment Required
Yes No