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HomeMy WebLinkAboutCounty of Mendocino 2018-01-2380s air COUNTY OF MENDOCINO cou No. 1718-178 FUNDING ALLOCATION AGREEMENT This Agreement, dated as oft l U1 ,3 , 2018, is by and between the COUNTY OF MENDOCINO, hereinafter referred t& as the "COUNTY", and City of Ukiah (Fire Department), hereinafter referred to as "FIRE AGENCY". The term of this agreement shall commence on the date this agreement is executed by the County and shall continue until June 30, 2018. WHEREAS, the City of Ukiah (Fire Department), has been identified to provide the inhabitants, within Agency Boundaries, with protection against fire; and WHEREAS, in 1992 the State of California implemented the Education Revenue Augmentation Fund (ERAF) "shift", which reduced city, county, and some special districts' revenue to provide funding for schools, causing an annual revenue loss of over $14.35 million to Mendocino County; WHEREAS, in an effort to reduce the impact of the ERAF shift the voters of California passed Proposition 172 in 1993, which provides public safety funding to cities and counties that provide police protection, prosecution, corrections, probation, fire protection, and/or coastal life guard services; WHEREAS, the Mendocino County Board of Supervisors allocated the Proposition 172 revenue to the eligible functions that are provided directly by the County, which are the Sheriff, Jail, District Attorney, and Probation; WHEREAS, Fire Agency is authorized by law to provide fire protection; WHEREAS, California Government Code section 26227 provides that the Board of Supervisors of any county may appropriate and expend money from the county's general fund to finance programs deemed to be necessary to meet the social needs of the population of the county, including, but not limited to, the areas of health, law enforcement and public safety; WHEREAS, Fire Agency has requested funding from the County, through the Mendocino County Association of Fire Districts, for support of fire protection (Attachment A); WHEREAS, the Mendocino County Board of Supervisors has agreed to appropriate a portion of the total County Proposition 172 public safety sales tax revenue to certain local fire agencies recognized by the Local Agency Formation Commission (LAFCo) for support of fire protection services in Fiscal Year 2017-18; and WHEREAS, the Mendocino County Association of Fire Districts has submitted a distribution formula, to which the Board of Supervisors has agreed and approved, for the appropriation based on a minimum distribution for each Fire Agency plus a variable distribution based on estimated population in the area serviced by the agency. NOW, THEREFORE, the parties agree as follows: The County agrees to appropriate a portion of the County's Proposition 172 revenue and other funding, in Fiscal Year 2017-18, to LAFCo recognized local fire protection agencies; 2. The County accepts the Mendocino County Association of Fire Districts' distribution formula, as attached hereto, and incorporated herein (refer to Attachment A); 3. The County agrees to make a lump -sum, one-time payment to Fire Agency (for an amount not to exceed fifty-one thousand one hundred five and 00/100 Dollars ($51,105.00); 4. The Fire Agency agrees to utilize the funds only for the purpose of local fire protection services; 5. The Fire Agency agrees to provide the County with a copy of its budget and revenue and expenditure detail for Fiscal Year 2017-18, which includes a clear accounting of where the funding is appropriated in the Fire Agency budget and its intended use. Accounting records of Fire Agency shall be kept in a manner approved by the County Auditor -Controller and shall be open to inspection by the County Auditor -Controller at any time during business hours for the purpose of determining whether the funds were utilized only for the purpose of fire protection services as required; 6. The term of this agreement shall commence on the date executed by the County, but only for the purposes of providing funding support for fire protection services by the Fire Agency in the current fiscal year; 7. The Fire Agency is a separate legal entity from the County with respect to all matters set forth in this agreement. This agreement is not intended, and shall not be construed to create the relationship of agent, servant, employee, joint venture, joint powers, or association between Fire Agency and County; 8. The Fire Agency agrees to cooperate and supply any documentation reasonably necessary for the convenience and information of the County; 9. The Fire Agency shall indemnify, defend, and hold harmless the COUNTY, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever including damages to property and injuries to, or death of persons, reasonable attorney's fees, expert fees and court costs occurring or resulting, or alleged to be occurring or resulting, to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connections with the Fire Agency's performance or its obligations as a provider of fire protection services, and from any and all claims, liabilities, and losses occurring or resulting, or alleged to be occurring or resulting, to any person, firm, or corporation for damage, injury, or death arising out of 2 or connected with the Fire Agency's performance of its obligations as a provider of fire protection services. 10. The Fire Agency's shall comply with any and all applicable federal, state and local laws affecting the services covered by this agreement; 11. This agreement may only be modified by written agreement of the parties; 12. This agreement contains all the terms and conditions agreed upon by the parties for this fiscal year; 13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing as follows: To COUNTY: COUNTY OF MENDOCINO Executive Office 501 Low Gap Road, Room 1010 Ukiah, CA 95482 To FIRE AGENCY: City of Ukiah (Fire Department) 300 Seminary Avenue Ukiah, CA 95482 ATTN: Fire Chief 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. DEPORTMENT FISCAL REVIEW: DEPARTMENT H AD DATE Budgeted: ® Yes ❑ No Budget Unit: 1940 Line Item: 863113 Grant: ❑ Yes ® No Grant No.: N/A COUNTYMND09NO By. DAN HAMBURG, Chair AN 25 2018 BOARD OF SUPERVISORS ATTEST: CAR Mi J. ANGELO, ANGELClerk of said Board By: Cliff Deputy ff Z 5 I hereby certify that according to the provisions of Government Code section 25103, delivery of this document has been made. J. AN,GELOrClerk of, said Board By. '�-Y W 2018 Deputy INSURAyCE REVIEW: By: i,•W✓� L v Risk Management/ Signatory Authority: $0-25,000 Department; $25,001- 50,000 Exception to Bid Process Required/Completed ❑ Mendocino County Business License: Valid ❑ Exempt Pursuant to MCC Section: 4 CONTRACTOR/COMPANY NAME FOR CONTRACTOR'S SIGNATURE, PLEASE SEE PAGE 4A NAME AND ADDRESS OF AGENCY: City of Ukiah (Fire Department) 300 Seminary Avenue Ukiah, CA 95482 By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement COUNTY COUNSEL REVIEW: APPROVED AS TO FORM: KATHARINE L. ELLIOTT, County Counsel EXECUTIVE OFFICE/FISCAL REVIEW: APPROVAL RECOMMENDED IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. DEPARTMENT FISCAL REVIEW: DEPARTMEN HEAD DATE Budgeted:® Ye ❑ No Budget Unit: 1940 Line Item: 863113 Grant: ❑ Yes ® No Grant No.: N/A COUNTY OF MENDOCINO By DAN HAMPURG, Chair BOARD O SUPERVISORS ATTEST: CARMEL J. ANG O, Clerk of said Board By: Deputy I hereby certify that ac Government Code sec document has been m CARMEL J. ANGELO, rding to the provisions of in 25103, delivery of this of said Board CONTRACTOR/COMPANY NAME P. B Ig tur C By: Sc W- J0.hA1c�i`A�M� Print Name By: C• h�l�v,agc� Title NAME AND ADDRESS OF AGENCY: City of Ukiah (Fire Department) 300 Seminary Avenue Ukiah, CA 95482 By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement COUNTI�COUNSEL REVIEW: APPROVEDAS TO FORM: KATHARINE L. _ - IOTT, County Counsel w � • By: Deputy By: Deputy INSURANCE REVIEW: EXECUTIVE OFFICE FISCAL REVIEW: By Risk Management APPROVAL RECOMMENDED Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50,001+ Board of Supervisors Exception to Bid Process Required/Completed ❑ Mendocino County Business License: Valid ❑ Exempt Pursuant to MCC Section: M1 Fire Funding Allocations Alternative Proposal v1.1 Leggett Valley FPD �i�, slFi roposed 2017-18 Distrib JPA's hange 2017-18 vs 2016-11 JPA's b 18 Basicopulotion opulation D�str� JPq's ... Albion -Little River FPD 13,154 14,482 1,328 10,000 1,392 4,482 Anderson Valley CSD 19,411 19,879 468 10,000 3,068 9,879 Brooktrails CSD 20,464 20,787 323 10,000 3,350 10,787 Comptche CSD 9,830 11,613 1,783 10,000 501 1,613 Covelo FPD 17,832 18,517 685 10,000 2,645 8,517 Elk CSD 9,360 11,208 1,848 10,000 375 1,208 Fort Bragg City FD 7,960 43,816 23,345 57,411 15,385 13,595 0 7,250 23,345 47,411 Fort Bragg Rural FPD 35,856 34,066 -1,790 10,000 7,474 24,066 Hopland/Sane) V FPD 15,014 16,086 1,072 10,000 1,890 6,086 Leggett Valley FPD 9,613 11,426 1,813 10,000 443 1,426 Little Lake FPD 22,815 38,359 15,544 10,000 8,807 28,359 Long Valley FPD 17,201 17,973 772 10,000 2,476 7,973 Mendocino FPD 18,185 18,823 638 10,000 2,740 8,823 rG Piercy FPD 8,430 10,406 1,976 10,000 126 406 Z Potter Valley CSD 15,074 16,137 1,063 10,000 1,906 6,137 Redwood Coast FPD 12,704 15,538 2,834 10,000 1,720 5,538 U Redwood V-Calpella FPC 33,475 33,475 0 10,000 6,836 22,012 H South Coast FPD 14,339 15,503 1,164 10,000 1,709 5,503 H Ukiah City Fire District K� 7,960 79,621 51,105 116,061 43,145 0 36,440 15,871 51,105 106,060 Ukiah Valley FPD 71,661 64,956 -6,705 10,000 17,067 54,956 Westport VFC 8,957 10,860 1,903 10,000 267 860 Whale Gulch VFC 8,706 10,644 1,938 10,000 200 644 398,001 485,187 87,186 200,000 88,113 283,724 NOTES 1) Total allocations increase $87,186. Incorporated city populations included this year. Minimum allocation increased. Per capita amount lower ($3.22 vs $3.72) 2) Redwood Valley was adjusted up $1463 to maintain the same amount as previous year. Following the formula the allocation would have been $32012. 3) Jointly run departments in Fort Bragg and Ukiah receive only a single basic allotment. 4) Fort Bragg Rural FPD and Ukiah Valley FPD allocations drop with the lower per capita distribution, but the amounts allocated for the JPAs are significantly higher. MCAFD - 2017-18 Fire Funding Alternative Proposal v1.0 5