Loading...
00-0727_ORANGE COUNTY FIRE AUTHORITY_Agreement0 0 SAN JUAN CAPISTRANO FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT -N— THIS AGREEMENT is entered into this 111 day of 2000, by and between the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Agency (hereinafter called the "OCFA") and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation and General Law City in the COUNTY OF ORANGE, (hereafter referred to as "City".) RECITALS A. City is located wholly within the County of Orange's structural fire protection tax levy area and a portion of the property taxes generated from within City's municipal boundaries are allocated to the County's structural fire fund. B. County of Orange is legally obligated to provide fire protection services within the structural fire protection tax levy area, which includes City. C. OCFA is the successor entity to the County of Orange Fire Department and is obligated by the Amended Joint Powers Agreement Creating the Orange County Fire Authority ("Amended Joint Powers Agreement") to assume the County's legal responsibility for fire protection and related services within the structural fire protection tax levy area, which includes City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Definitions. As used herein, the following terms shall have the following meaning: (a) "Amended Joint Powers Agreement" shall mean that document on file with the Clerk of the Board of Directors of the Orange County Fire Authority entitled "Amended Orange County Fire Authority Joint Powers Agreement" with signature pages executed by the Chairman of the Orange County Board of Supervisors and the respective Mayors and/or City Managers of the following cities: Buena Park, Cypress, Dana Point, Irvine, Laguna Hills, Laguna Niguel, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Placentia, San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda. (b) "City Manager" shall mean the chief administrative and/or executive officer of the City, appointed by the City Council. w • 0 (c) "Structural fire protection tax levy area" shall mean an area subject to a structural fire fund property tax which funds fire protection services, both within the unincorporated territory of the County and those incorporated cities that do not provide their own fire protection services. 2. Membership. City shall be a member of OCFA and shall be subject to all the provisions, conditions, benefits, obligations and liabilities set forth in the Amended Joint Powers Agreement, as that Agreement may be further amended from time to time, unless otherwise provided herein. 3. Service Provided. (a) OCFA shall provide to City fire suppression, fire prevention, fire investigation, emergency medical, rescue and related services, hazardous materials response, hazardous materials disclosure, and community safety and education services (collectively "fire services"). Services provided exclude weed abatement services. (b) The level of service provided shall be the same as the general level of similar services provided by OCFA elsewhere within its boundaries. Any changes to such levels and method of service shall be determined by the Board of Directors and administered by the Fire Chief, who shall have direct control and supervision over the services provided pursuant to this Agreement, and who is hereby designated as the City Fire Chief and Fire Marshal. (c) Engines and Truck Companies located within or assigned to the City are set forth in Attachment A and shall be the same as existed on the effective date of this Agreement. Prior to making any changes to assigned Engines or Truck Companies, the Fire Chief shall meet and confer with the City Manager. Any changes in Engine or Truck Company assignments shall be set forth in a written Memorandum of Understanding ("MOU") between the Fire Chief and the City Manager. In the event of failure to reach agreement with the Fire Chief, the City shall have the right to appeal to OCFA's Board of Directors. (d) Subsections (a) and (b) above shall not restrict the Board of Directors from approving OCFA related service enhancements from the structural fire fund Entitlement Fund. (e) Upon request, City shall adopt the following ordinances and resolutions in a form and with the content as determined by the Fire Chief: (1) ambulance transport, (2) fire prevention and hazardous materials disclosure fees, and (3) the hazardous materials joint powers authority. Prior to amending such ordinances or resolutions, City shall meet and confer with the Fire Chief. (f) In the provision of fire services, OCFA hereby is authorized to and may enforce applicable City codes and ordinances and collect any fees determined by 'r: City (as well as by OCFA) as well as file any claims or actions for emergency response and hazardous materials clean-up. (g) The Division Chief assigned to the City, or his or her designee, shall attend City Council meetings, commission meetings and City staff meetings when requested by the City Manager and shall provide the City with any and all reports or documents pertaining to the City upon reasonable request by the City Manager. 4. Structural Fire Fund. In consideration of the provision of fire services, City shall cause the structural fire fund taxes derived within its boundaries to be paid as set forth in the Amended Joint Powers Agreement. City shall remain within OCFA's structural fire protection tax levy area. 5. Annexations. In the event of any City annexation of territory within the Structural Fire Fund, the level of Structural Fire Fund and redevelopment revenues existing at the time of the annexation shall continue to pass through to OCFA as compensation for the services provided pursuant to the Amended Joint Powers Agreement, unless otherwise agreed to by the parties hereto. As used herein, "level of Structural Fire Fund and redevelopment revenues" shall mean the amount of such revenues existing at the time of annexation, adjusted by any diminution or growth in value occurring thereafter. It is the intent of the parties that city annexations not have an adverse financial effect on OCFA. 6. Indemnification. (a) OCFA shall defend, indemnify and hold harmless the City and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of OCFA, its officers, employees or agents in the performance of services pursuant to this Agreement. (b) City shall defend, indemnify and hold harmless OCFA and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of City, its officers, employees or agents. (c) The provisions of this section 6 shall survive termination or expiration of this Agreement. (d) For purposes of this section 6, the Fire Chief shall be deemed to be an officer, employee, agent and representative of OCFA, and not of City. R3 7. Incident Management. City shall provide any and all support necessary to ensure overall effective scene management on hazardous or toxic material spill incidents including, but not limited to, the following: • Coordination of crowd and traffic control • Police liaison to OCFA incident commander • Coordination of City Public Works personnel responses • Coordination of responses by approved professional toxic materials recovery firms under contract to City • The provision of on -scene technical advice through the services of the City Hazardous Materials Program Advisor • Evacuate the area recommended by OCFA 8. Independent Contractor. City shall not be liable for the direct payment of any wages or other compensation of any officer, employee, or agent of OCFA performing any services under this Agreement. City shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the course of performing services under this Agreement, except to the extent set forth in section 6. OCFA shall be solely responsible for all personnel actions relating to OCFA employees utilized in the performance of this Agreement. The employees of OCFA shall not be deemed employees of City as a result of this Agreement, except as necessary pursuant to Penal Code Section 1463 et sem. for cities to obtain their statutory share of fire revenues. 9. Term and Termination. The term of this Agreement shall be July 1, 2000 through and including June 30, 2010. Subsequent terms shall be as provided in Article VII of the Amended Joint Powers Agreement. This Agreement may be terminated in accordance with the provisions of the Amended Joint Powers Agreement. 10. Miscellaneous. (a) This Agreement shall be interpreted in a manner complementary to the Amended Joint Powers Agreement, in its current form or as that Agreement may be further amended from time to time. Save and except for section 6 herein, in the event of any conflict, the Amended Joint Powers Agreement, in its current form or as it may be further amended, shall govern. (b) This Agreement may be amended only in writing by both Parties. (c) No waiver of any term or condition shall be a continuing waiver thereof, except by written agreement of the Parties. 9 (d) In the event the State of California assumes financial responsibility for State Responsibility Areas within City boundaries, OCFA shall be entitled to receive any and all State funds provided therefor. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. DATED:�) vl a /7. Z000 CITY OF SAN UAN CAPISTRANO By: ayor ATTEST: DATED: 1 7} 2 -coo By. ��B2 ity Clerk DATED: N 3-0 ATTEST: C AUTHORITY DATED: Yk4,Lj,c a,,, -Q„ Jul CLE K OF tHE AUTHORITY APPROVED AS TO FORM: TERRY . ANDR S, Date GENERAL COUNSEL 5 Engine and Truck C( Station 7 31865 Del Ob Note: This listing does not detail paramedic or other specialty assignments which are deployed on a regional basis to meet City needs pursuant to Sections 3. (a) and 3. (b).