HomeMy WebLinkAboutContract 1602 —( 0112-1
A COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR
THE CITY OF CATHEDRAL CITY IN ANNEXATION PROPOSAL LAFCO 2014-08-4
THIS AGREEMENT, made and entered into this 9th day of September, 2014 by
and between the County of Riverside, a political subdivision of the State of California,
on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of
Cathedral City, a duly created city, (hereinafter referred to as "CITY"), whereby it is
agreed as follows:
SECTION I: PURPOSE
The Riverside County Local Agency Formation Commission (LAFCO) is being
asked to approve Annexation Proposal No. LAFCO 2014-08-4.
In preparation of the annexation, CITY and COUNTY wish to enter into this Agreement, to
define their various respective responsibilities for the provision of fire protection services
in the Annexed Area.
The Annexed Area is defined as approximately 678 acres generally located north of
Interstate Highway 10 along Varner Road corridor, west of Rio Del Sol Road, south of
Varner Road, and east Da Vall Drive, which is the subject of the Annexation and which
is more specifically described in Exhibit "A" hereto.
The COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement
Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire
Protection ("CAL FIRE") will provide CITY with fire protection, disaster preparedness
and response, fire prevention, rescue, hazardous materials mitigation, technical rescue
response, medical emergency services, and public service assists (hereinafter called
"Fire Services") within the Annexed Area. This Agreement is entered into pursuant to
the authority granted by Government Code Sections 55603, 55603.5, 55606, 55632 and
55642, and will provide a unified, cooperative, integrated, and effective fire services
system with existing COUNTY services. COUNTY's ability to perform under this
Agreement is subject to the terms and conditions of the CAL FIRE Agreement.
SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the Board of Supervisors, or his
designee, (hereinafter referred to as "Chief") shall represent COUNTY and CITY during
the period of this Agreement and Chief shall, under the supervision and direction of the
County Board of Supervisors, have charge of providing Fire Services as deemed
necessary to satisfy the needs of both the COUNTY and CITY within the Annexed Area.
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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B. COUNTY will be allowed flexibility in the assignment of available
personnel and equipment in order to provide the Fire Services as agreed upon herein.
SECTION III: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire
Services within the Annexed Area.
B. The CITY will compensate the COUNTY the equivalent of the COUNTY'S
annual funding for the Annexed Area had the area remained under COUNTY jurisdiction.
The COUNTY'S funding for fire services to the Annexed Area is currently composed of
the Annexed Area's structural fire taxes and an additional County general fund
component. The anticipated annual cost formula for the CITY is comprised of two parts.
1. The Annexed Area's structural fire tax, as determined each year
based upon that current year's assessed valuation; and,
2. The additional amount the COUNTY would have funded in addition
to structural fire taxes had the Annexed Area remained unincorporated. This amount is
calculated on the COUNTY Fire Department's general fund allocation ratio from the fiscal
year in which the Agreement is initially approved. This ratio will be reassessed five
years from the initial date of the approved Annexation.
3. For Fiscal Year 2014/2015 the initial cost to the CITY is $9,682.00,
and includes:
a. The Annexed Area structural fire tax revenue of$5,770; and
b. The COUNTY Fire Department general fund ratio
component of 67.80% of the Annexed Area structural fire tax
amount. This amount is calculated as $3,912.00
C. The CITY will be invoiced on December 31st of each fiscal year. The CITY
shall make payment to the COUNTY within thirty (30) days of the submittal of the
invoice from the COUNTY to the CITY. The cost of services provided by COUNTY
during the initial year (FY 14/15) of the Agreement will be a prorated amount based
upon the Annexation date. All future years of the Agreement will be billed at the full
calculated rate for that fiscal year.
1. Invoicing, and payment for services for Fiscal Year 2014/15 is
dependent on LAFCO's approval of CITY's Application for Annexation. In the event that
approval of the Application for Annexation occurs after December 31, 2014, the
COUNTY shall invoice CITY no later than 30 days from the effective date of Annexation,
and CITY shall remit payment within 30 days of the billing date.
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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SECTION IV: INITIAL TERM AND RENEWAL
A. The term of this Agreement shall be from the date of LAFCO approval of
the CITY's Application for Annexation through June 30, 2017.
B. One (1) year prior to the date of expiration of this Agreement, CITY shall
give COUNTY written notice of whether CITY intends to extend this Agreement or enter
into a new Agreement with COUNTY for Fire Services.
C. If CITY fails to provide such notice, as defined in paragraph B above,
COUNTY shall have the option to extend this Agreement for a period of up to one (1)
year from the original termination date and to continue providing services pursuant to
the terms of this Agreement. Six (6) months prior to the date of expiration of this
Agreement, or any extension hereof, COUNTY shall give written notice to CITY of any
extension of this Agreement. Services provided and obligations incurred by COUNTY
during an extended period shall be accepted by CITY as services and obligations under
the terms of this Agreement.
D. If CITY and COUNTY are actively negotiating the terms to a new
Agreement, the parties may enter into an amendment of this Agreement to extend the
term up to an additional one year period. This additional period may apply to the original
end date of this Agreement or can be an additional extension beyond the one year
extension provided for in Section IV.C., above. No extension shall be beyond two years
from the original end date.
E. The cost of services provided by COUNTY during any extended period
shall be based upon the prorated amount that would have been charged to CITY during
the fiscal year in which any extended period falls. Payment by CITY for services
rendered by COUNTY during the extended period shall be in accordance with Section
III, of this Agreement.
SECTION V: TERMINATION
This Agreement may only be terminated by the voters of either the COUNTY or
the CITY pursuant to Government Code §55603.5.
SECTION VI: EFFECTIVE DATE AND CONTINGENT NATURE OF CONTRACT
This Agreement is entered into with the understanding that LAFCO has not
approved CITY's Application for Annexation. The Parties to the Agreement understand
that this Agreement shall be null and void should the proposed annexation fail to be
completed for any reason The Parties further agree that this Agreement shall not
become effective, and the parties shall not be obligated to perform under the
Agreement, until the effective date of the Annexation.
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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SECTION VII: COOPERATIVE OPERATIONS
During the term of this Agreement for Services the COUNTY shall respond to fire
protection emergencies that include basic life support services, hazardous materials
response and other related fire protection services with the Annexed Area as well as mutually
respond to structure fires with the CITY pursuant to Section VIII: Mutual Aid, below, as
needed.
An Operational Plan shall be developed between the CITY Fire Chief and the
COUNTY Fire Chief or designee to implement the operational details and procedures
of all emergency incidents subsequent to this Agreement as necessary. This
Operational Plan shall be reviewed annually by the same parties.
In the event the CITY elects to use COUNTY funded Fire Marshal services for
the Annexed Area, the CITY hereby authorizes the COUNTY to provide those services
at a cost outlined in COUNTY Ordinance 671(Establishing Consolidated Fees For Land
Use and Related Functions).
SECTION VIII: MUTUAL AID
Pursuant to Health and Safety Code Sections 13050 et seq., when rendering
mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of
charges and seek reimbursement of CITY costs for personnel, equipment use, and
operating expenses as funded herein, under authority given by Health and Safety Code
Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such
request of CITY, shall represent the CITY by following the procedures set forth in Health
and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses,
shall be paid or credited to the CITY, as directed by CITY.
In all such instances, COUNTY shall give timely notice of the possible application
of Health and Safety Code Sections 13051 and 3054 to the officer designated by CITY.
SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of
providing Fire Services under the terms of this Agreement shall be marked and
accounted for in such a manner as to conform to the standard operating procedure
established by the County Fire Department for the segregation, care, and use of the
respective property of each.
SECTION X: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree
to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special
districts and departments, their respective directors, officers, elected and appointed
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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officials, employees, agents and representatives (collectively, "Indemnitees") for, from
and against any and all liabilities, claims, damages, losses, liens, causes of action,
suits, awards, judgments and expenses, attorney and/or consultant fees and costs,
taxable or otherwise, of any nature, kind or description of any person or entity, directly
or indirectly arising out of, caused by, or resulting from (1) the Services performed
hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved
amendments or modifications, or (3) any negligent act or omission of COUNTY, its
officers, employees, subcontractors, agents, or representatives (collectively,
"Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which
COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does
not apply is with respect to Liabilities resulting from the negligence or willful misconduct
of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to
the Scope of Work in the Agreement.
To the fullest extent permitted by applicable law, CITY shall and does agree to
indemnify, protect, defend and hold harmless COUNTY, its agencies, departments,
directors, officers, agents, Board of Supervisors, elected and appointed officials and
representatives (collectively, "Indemnitees") for, from and against any and all liabilities,
claims, damages, losses, liens, causes of action, suits, awards, judgments and
expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any
nature, kind or description of any person or entity, directly or indirectly arising out of,
caused by, or resulting from (1) the services performed hereunder, by CITY, or any part
thereof, (2) the Agreement, including any approved amendments or modifications, or
(3) any negligent act or omission of CITY its officers, employees, subcontractors,
agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing,
the only Liabilities with respect to which CITY's obligation to indemnify, including the
cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting
from the negligence or willful misconduct of an Indemnitee, or to the extent such claims
do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
SECTION XI: AUDIT
A. COUNTY and CITY agree that their designated representative shall have
the right to review and to copy any records and supporting documentation of the other
party hereto, pertaining to the performance of this Agreement. COUNTY and CITY
agree to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated or as required by
law, and to allow the auditor(s) of the other party access to such records during normal
business hours and to allow interviews of any employees who might reasonably have
information related to such records. COUNTY and CITY agree to a similar right to audit
records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896).
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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B. Each party shall bear their own costs in performing a requested audit.
SECTION XII: DISPUTES
CITY shall select and appoint a "Contract Administrator" who shall, under the
supervision and direction of CITY, be available for contract resolution or policy
intervention with COUNTY, when, upon determination by the Chief that a situation
exists under this Agreement in which a decision to serve the interest of CITY has the
potential to conflict with COUNTY interest or policy. Any dispute concerning a question
of fact arising under the terms of this Agreement which is not disposed of within a
reasonable period of time by the CITY and COUNTY employees normally responsible
for the administration of this Agreement shall be brought to the attention of the Chief
Executive Officer (or designated representative) of each organization for joint resolution.
For purposed of this provision, a "reasonable period of time" shall be ten (10) calendar
days or less. CITY and COUNTY agree to continue with the responsibilities under this
Agreement during any dispute. Disputes that are not resolved informally by and
between CITY and COUNTY representatives may be resolved, by mutual agreement of
the parties, through mediation. The costs associated with mediator shall be shared
equally among the participating parties. If the mediation does not resolve the issue(s),
or if the parties cannot agree to mediation, the parties reserve the right to seek
remedies as provided by law or in equity. Venue for litigation shall be in Riverside
County. Unless otherwise noted, each party shall bear their own costs in all dispute
resolutions.
Any claims or causes of actions, whether they arise out of unresolved disputes
as specified in this Section or claims by third parties that are made against the
COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of
Riverside in a timely manner.
SECTION XIII: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered
delivered when deposited in the United States mail and addressed to:
COUNTY CITY OF CATHEDRAL CITY
County Fire Chief City Manager
210 W. San Jacinto Ave. City of Cathedral City
Perris, CA 92570 68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Provisions of this section do not preclude any notices being delivered in person
to the addresses shown above. Delivery in person shall constitute service hereunder,
effective when such service is made.
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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SECTION XIV: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision
of Fire Services. It may be amended or modified upon the mutual written consent of the
parties hereto. This Agreement does NOT supplement other specific agreements
entered into by both parties for equipment or facilities, and excepting those equipment
or facilities agreements, this Agreement cancels and supersedes any previous
agreement for the same or similar services.
[Signature Provisions on following page]
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have,
in their respective capacities, set their hands as of the date first hereinabove written.
Dated: 061- )O .2014- CITY OF C A HEDRAL CITY
. if %j __ t9 ' -
r leen J. De- isa, Mayor
ATTEST: APPROVED AS TO FORM:
By: t; 4
Gary F. owell, Ci y i erk Charles R. Green, City Attorney
(SEAL)
Dated: COUNTY OF RIVERSIDE
By:
Chairman, Board of Supervisors
ATTEST: APPROVED AS TO FORM:
GREGORY P. PRIAMOS,
KECIA HARPER-IHEM County Counsel
Clerk of the Board
By:
ERIC STOPHER
Deputy County Counsel
By:
Deputy
(SEAL)
F:\root\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\CATHEDRAL\CATHEDRAL CITY Cooperative
Agreement 090914-063017-FINAL.doc
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have,
in their respective capacities, set their hands as of the date first hereinabove written.
Dated: CITY OF CATHEDRAL CITY
By:
Title:
ATTEST: APPROVED AS TO FORM:
By:
Title:
(SEAL)
Dated: SEP 0 9 2014 COUNTY OF RIVERSIDE
By: ��111■,
00 al l=oar• of Supervisors
JEFF STONE
ATTEST: APPROVED AS TO FORM:
GREGORY P. PRIAMOS,
KECIA HARPER-IHEM County Cnse
Clerk of the Board L/
By:
ERIC STOPHEI
Deputy County Counsel
,--puty
(SEAL)
F:\root\data\RRU County Finance\Contract Cities\COOPERATIVE AGREEMENT\CATHEDRAL\CATHEDRAL CITY Cooperative
Agreement 090914-063017-FINAL.doc
Cooperative Fire Agreement
City of Cathedral City
Final Annexation Date to June 30, 2017
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