HomeMy WebLinkAboutHopland Fire District and Ukiah Valley Fire District 03-21-12Jul 1712 01:51p Hopland Fire
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EXHIBIT B
1 AGREEMENT
for
3 ADMLNISTRATIOi`i OF FIRE SERVICES
4 between
5 THE HOPLAND FIRE DISTRICT
6 and
7 THE UKIAH VALLEY FIRE DISTRICT
8
9 This Agreement is made and entered into thisliv-enty first day of March, 4012,;by
10 and between the Hopland Fire District (hereafter HOP) and the Ukiah Valley Fire District
11 (hereafter UKV), both independent government entities created under the laws of the
12 State of California.
13
14 1. DEFINITIONS:
15
16 (a) As usedin This Agreement the tem `administration of fire services" shall
17 mean all activities and functions exercised by the UKV in conducting its
18 business under authorization of statutes, regulations, ordinances, codes,
19 rules, policies and procedures..
20
21 2. PARTIES:
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29 3. TERM OF THE AGREEMENT:
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31 This Agreement shall become effective on I:W 1 1; 2012, and shall remain in
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34 4 PURPOSE AND INTENT OF PARTIES:
35
36 This Agreement is consistent with•the desires of both parties to explore a
37 coordinated system of providing for the administration of fire services Within
38 t the jurisdictions of HOP and UKV, which could enhance public safety,
39 convenience, economy and general welfare.
40
41 5. HOP OBLIGATIONS:
42
43 i (a) HOP agrees to provide its Fire Chief, (hereafter CHIEF), and its clerical
44 support to provide administration of fire services for UKV. The CHIEF
45 shall be deemed to be the Fire Chief for the UKV for purposes required by
46 law. The CHIEF will equally devote his entire productive time, ability
HOP and UKV are duly established and existing legal entities and fire
protection districts existing pursuant to Sections 138002 et seq_ of the Health
and Safety Code of the State of California and both have -the authority to enter
into contracts, including contracts with other public agencies, for purposes of
providing services, including but not limited to the field of administration.
force unless terminated pursuant to the provisions of this Agreement.
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1 and attention to the business of HOP and UKV during the term of this
2 Agreement
3
4 (b) The CHIEF and clerical support shall be employees of HOP, shall retain
5 all rights and privileges of employment thereof and shall be governed by
6 and operate under the rules, regulations, policies, procedures and
? employment agreements of HOP. The CHIEF will report directly. to
8 UKV's Board of Directors while performing administration of fire
9 services for UKV and will be governed by and operate under the rules,
10 regulations, policies and procedures of the UKV during that time.
11
12 (c) HOP shall be responsible for salaries and employee benefits provided to
13 its Fire Chief and clerical support.
14
15 (d) HOP shall provide Workers' Compensation Insurance coverage for its Fire
16 Chief and clerical support.
17
18 6. UKV OBLIGATIONS:
19
20 (a) UICV shall take all steps required to delegate full authority for
21 administration of fire services for the UKV to the CHIEF during the entire
22 term of this Agreement.
23
24 (b). UKV shall furnish all equipment, supplies, records, reports and facilities
25 necessary for the CHIEF to perform administration of fire servicm for
26 UKV. UKV shall reimburse HOP 4 975:00 per month—plus mileage; at
27 the IRS mileage rate, and any incidental costs and expenses necessarily
28 incurred in the administration of fire services for UKV. UKV shall
29 reimburse HOP for clerical support to the CHIEF at an hourly rate of
30 S16.50, not to exceed 52 hours per month.
31
32 (c) UICV shall maintain during the termof this Agreement comprehensive
33 liability insurance coverage, at a level equal to or greater than its current
34 limits, which names HOP as an additional insured and indemnifies HOP
35 and its Fire Chief and clerical support_ againstand from any and all claims
36 arising from en -ors- and/or- omissions which may occur in performing the
37 dudes and obligations expressed in this Agreement..
38
39 7. HOLD HARMLESS:
40
41 (a) UKV shall hold harness, and shall indemnify HOP, its Fire Chief,
42 officers, employees and agents, from any and all costs, damages, claims,
43 fees (including attorney fees or other court related costs or expenses), or
44 other losses arising out of or in any way related to incidents occurring
45 prior to the effectivedate of this Agreement, or arising out of or in any
46 way related to acts or omissions of the UKV Board of Directors or any
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C_
1 other UKV employees during the term of this Agreement. In the event of
2 any such claims or lawsuits, UKV agrees to resist and defend said claims
3 or lawsuits by counsel reasonably satisfactory to HOP.
4
5 (b) UKV shall hold harmless; and shall indemnify HOP; its Fire Chie£
6 officers, employees and agents, from any and all costs, damages, claims.
7 fees (including attorney fees or other court related costs or expenses) or
8 other losses arising out of or in any way related to the acts or omissions of /
9 the CHIEF in. the performance of those duties and functions of the Fire /
10 Chief of UKV as delegated by the UKV Board of Directors, or arising out "'///
11 of or in any way related to those acts or omissions connected with the
12 administration of fire services for UKV. In the event of any such claims
13 or lawsuits, UKV agrees to resist and defend said claims or lawsuits by
14 counsel reasonably satisfactory to HOP.
15
16 (c) HOP shall hold harmless, and indemnify UKV, . its officers, agents and
17 employees from any and all costs, damages, claims, fees (including
18 attorney fees or other related costs or expenses) or other losses arising out
19 of or in any way related to acts or omissions of the HOP Board of
20 Directors or any HOP employee in the performance of their jobs or duties
21 on behalf of HOP or as directed by the HOP Board of Directors, except
22 those jobs and duties performed on behalf of MCAT in accordance with this
23 Agreement or as directed by the UKV Board of Directors. HOP agrees to
24 resist and defend said claims or lawsuits against UKV by counsel
25 reasonably satisfactory to UKV.
26
27 8. TERMINATION:
28 Either party may terminate this Agreement upon providing the party with
29 thirty (30) days written notice of its intent to terminate.
30
31 9. SAVINGS CLAUSE:
32 In the event any part of this Agreement is declared invalid or unenforceable
33 by a court of competent jurisdiction, the remainder of this Agreement shall be
34 and remain in full force and effect unless the deletion of the invalid or
35 unenforceable portion frustrates the purpose and intent of this Agreement.
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THE PARTIES HERETO have executed this Agreement on the date
specified.
6 BOARD OF DIRECTORS OF THE BOARD OF DIRECTORS OF THE,
7 HOPLAND FIRE DISTRICT
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Robert
son, President
UKIAH VALLEY FIRE DISTRICT
c•�
rry : N . resident
3-1-1v
Date
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