HomeMy WebLinkAboutAgreement A-25-351 with City of Kingsburg.pdf Agreement No. 25-351
1 AGREEMENT
2 This Service Agreement ("Agreement") is dated July 8, 2025 and is between
3 the City of Kingsburg, a California Municipal Corporation ("City"), and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. City desires to establish this Agreement with County, and County has the capability and
7 capacity to provide certain dispatching services for fire suppression calls, which may include
8 dispatching of non-transport first responder services from County's EMS Communications
9 Center
10 B. It is to the mutual benefit and in the best interest of the parties hereto to have a
11 combined EMS and Fire Dispatching Services for the purpose of providing improved services to
12 the public.
13 C. It is a goal of County and City to maintain a consolidated dispatching services in Fresno
14 County.
15 D. It has been determined by City and County that there is a need to provide EMS
16 dispatching services and Fire Dispatching Services through a centralized and combined effort
17 by County's EMS Communications Center and City Fire.
18 E. County's EMS Communications Center is staffed and operated by K.W.P.H. Enterprises,
19 doing business as American Ambulance, a California Corporation ("Provider") through that
20 certain Emergency Medical Services and Provider Agreement for Emergency Ambulance
21 Services, dated May 16, 2017 (County Agreement No. 17-218), by and between County and
22 Provider, including all amendments thereto (the "EMS Provider Agreement").
23 The parties therefore agree as follows:
24 Article 1
25 City's Responsibilities
26 1.1 The City shall perform all of the City's Responsibilities provided in Exhibit A to this
27 Agreement, titled "City's Responsibilities."
28 1.2 Representation. The City represents that it is qualified, ready, willing, and able to
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1 perform all of the City's Responsibilities provided in this Agreement.
2 1.3 Compliance with Laws. The City shall, at its own cost, comply with all applicable
3 federal, state, and local laws and regulations in the performance of its obligations under this
4 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
5 and regulations.
6 Article 2
7 County's Services
8 2.1 The County shall perform all of the services provided in Exhibit B to this Agreement
9 titled "County's Services."
10 2.2 Representation. The County represents that it is qualified, ready, willing, and able to
11 perform all of the services provided in this Agreement.
12 2.3 Compliance with Laws. The County shall, at its own cost, comply with all applicable
13 federal, state, and local laws and regulations in the performance of its obligations under this
14 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
15 and regulations.
16 Article 3
17 Compensation, Invoices, and Payments
18 3.1 For County's performance of Fire Dispatching Services herein, City agrees to pay,
19 and the County agrees to receive, compensation for the performance of its services under this
20 Agreement according to Exhibit C to this Agreement, titled "Compensation."
21 3.2 Maximum Compensation. The maximum compensation payable to County under
22 the performance of this Agreement is as follows:
23 For the period of July 1, 2025 through June 30, 2026, the amount of this Agreement
24 shall not exceed Fourteen Thousand Six Hundred Fifty-Five and 00/100 Dollars ($14,655.00).
25 For the period of July 1, 2026 through June 30, 2027, the amount of this Agreement
26 shall not exceed Fifteen Thousand One Hundred Sixty-Eight and 00/100 Dollars ($15,168.00).
27 For the period of July 1, 2027 through December 31, 2027, the amount of this
28 Agreement shall not exceed Seven Thousand Eight Hundred Forty-Nine and 00/100 Dollars
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1 ($7,849.00).
2 3.3 Invoices. County shall invoice City quarterly, addressed to the City of Kingsburg,
3 Fire Department, P.O. Box 512, Kingsburg, California, 93631, Attention: Fire Chief.
4 3.4 Payment. Payments by City shall be in arrears, for services provided during the
5 preceding quarter, within forty-five (45) days after receipt, verification and approval of County's
6 invoices by City Fire. All payments shall be remitted to County at the following address: County
7 of Fresno, Department of Public Health — Emergency Medical Services Division, P.O. Box
8 11867, Fresno, California, 93775.
9 3.5 Incidental Expenses. The City is solely responsible for all of its costs and expenses
10 that are not specified as payable by the County under this Agreement.
11 Article 4
12 Term of Agreement
13 4.1 Term. This Agreement is effective on July 1, 2025 and terminates on December 31,
14 2027, except as provided in Article 6, "Termination and Suspension," below.
15 4.2 Data Upon Termination. Within thirty (30) days after the date this Agreement
16 terminates, County shall provide City with the data generated through the Fire Dispatching
17 Services provided herein in a commonly usable electronic format.
18 Article 5
19 Notices
20 5.1 Contact Information. The persons and their addresses having authority to give and
21 receive notices provided for or permitted under this Agreement include the following:
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For the County:
23 Director, Department of Public Health
County of Fresno
24 P.O. Box 11867
Fresno, CA 93775
25 CCEMSA(afresnocountyca.gov
Fax: (559) 600-7691
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For the City:
27 City of Kingsburg
Attn: City Manager
28 P.O. Box 512
Kingsburg, CA 93631
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the City provided for or
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permitted under this Agreement must be in writing, state that it is a notice provided under this
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Agreement, and be delivered either by personal service, by first-class United States mail, by an
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overnight commercial courier service, by telephonic facsimile transmission, or by Portable
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Document Format (PDF) document attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by telephonic facsimile transmission or by PDF document
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attached to an email is effective when transmission to the recipient is completed (but, if
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such transmission is completed outside of County business hours, then such delivery is
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deemed to be effective at the next beginning of a County business day), provided that
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the sender maintains a machine record of the completed transmission.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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requirements or procedures provided by law, including the Government Claims Act (Division 3.6
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of Title 1 of the Government Code, beginning with section 810).
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Article 6
26
Termination and Suspension
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6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
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contingent on the approval of funds by the appropriating government agency. If sufficient funds
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1 are not allocated, then either party may:
2 (A) Modify the services provided under this Agreement; or
3 (B) Terminate this Agreement by the non-appropriating governmental agency giving
4 the other party at least ninety (90) days advance written notice of an intention to
5 terminate.
6 6.2 Termination for Breach.
7 (A) Upon determining that a breach (as defined in paragraph (C) below) has
8 occurred, the County will give written notice of the breach to the City. The written notice
9 must provide at least 30 days for the City to cure the breach.
10 (B) If the City fails to cure the breach to the County's satisfaction within the thirty (30)
11 day period, the County may terminate this Agreement immediately.
12 (C) For purposes of this section, a breach occurs when, in the determination of the
13 County, the City has:
14 (1) Obtained or used funds illegally or improperly;
15 (2) Failed to comply with any part of this Agreement;
16 (3) Submitted a substantially incorrect or incomplete report to the County; or
17 (4) Improperly performed any of its obligations under this Agreement.
18 6.3 Termination without Cause. Under circumstances other than those set forth above,
19 this Agreement may be terminated by City or County upon giving the other party at least ninety
20 (90) days advance written notice of an intention to terminate.
21 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
22 or the City under this Article 6 is without penalty to or further obligation of the County or the City.
23 6.5 County's Rights upon Termination. City shall pay County for Fire Dispatching
24 Services performed prior to termination of this Agreement as provided in Section 3.4 of this
25 Agreement. This section survives the termination of this Agreement.
26 Article 7
27 Independent Contractor
28 7.1 Status. In performing under this Agreement, the County, including its officers,
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1 agents, employees, and volunteers, is at all times acting and performing as an independent
2 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
3 venturer, partner, or associate of the City.
4 7.2 Verifying Performance. The City has no right to control, supervise, or direct the
5 manner or method of the County's performance under this Agreement, but the City may verify
6 that the County is performing according to the terms of this Agreement.
7 7.3 Benefits. Because of its status as an independent contractor, the County has no
8 right to employment rights or benefits available to City employees. The County is solely
9 responsible for providing to its own employees all employee benefits required by law. The
10 County shall indemnify, defend, and save the City harmless from all matters relating to the
11 payment of County's employees, including compliance with Social Security withholding and all
12 related regulations.
13 7.4 Services to Others. The parties acknowledge that, during the term of this
14 Agreement, the County may provide services to others unrelated to the City.
15 Article 8
16 Indemnity and Defense
17 8.1 Indemnity by City. The City shall indemnify and hold harmless and defend the
18 County (including its officers, agents, employees, and volunteers) against all claims, demands,
19 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
20 liabilities of any kind to the County, the City, or any third party that arise from or relate to the
21 performance or failure to perform by the City (or any of its officers, agents, subcontractors, or
22 employees) under this Agreement. The County may conduct or participate in its own defense
23 without affecting the City's obligation to indemnify and hold harmless or defend the County.
24 8.2 Indemnity by County. The County shall indemnify and hold harmless and defend
25 the City (including its officers, agents, employees, and volunteers) against all claims, demands,
26 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
27 liabilities of any kind to the City, the County, or any third party that arise from or relate to the
28 performance or failure to perform by the County (or any of its officers, agents, subcontractors,
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1 employees, or Provider) under this Agreement. The City may conduct or participate in its own
2 defense without affecting the County's obligation to indemnify and hold harmless or defend the
3 City.
4 8.3 Concurrent Negligence. In the event of concurrent negligence on the part of County
5 or any of its officers, agents or employees, or Provider, and of City or any of its officers, agents,
6 or employees, the liability for any and all such claims, demands and actions in law or equity for
7 such costs and expenses (including attorneys' fees and costs), damages, and losses shall be
8 apportioned under the State of California's theory of comparative negligence as presently
9 established or as may be modified hereafter.
10 8.4 Survival. This Article 8 survives the termination of this Agreement.
11 Article 9
12 Insurance
13 9.1 The Parties shall comply with all the insurance requirements in Exhibit D to this
14 Agreement.
15 Article 10
16 Inspections, Audits, and Public Records
17 10.1 Inspection of Documents. During the term of this Agreement and for a period of
18 three (3) years after final payment under this Agreement, each party shall at any time during
19 business hours, and as often as the other party may deem necessary, make available to the
20 other party for examination all of the party's records and data with respect to the matters
21 covered by this Agreement. During the same period of time, each party shall also, upon request
22 by the other party, permit the other party to audit and inspect all such records and data
23 necessary to ensure the party's compliance with the terms of this Agreement.
24 10.2 State Audit Requirements. If the compensation under this Agreement exceeds
25 $10,000, the County is subject to the examination and audit of the California State Auditor, as
26 provided in Government Code section 8546.7, for a period of three years after final payment
27 under this Agreement.
28 10.3 Public Records. A party is not limited in any manner with respect to its public
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1 disclosure of this Agreement or any record or data that the other party may provide to the party.
2 A party's public disclosure of this Agreement or any record or data that the other party may
3 provide to the party may include but is not limited to the following:
4 (A) A party may voluntarily, or upon request by any member of the public or
5 governmental agency, disclose this Agreement to the public or such governmental
6 agency.
7 (B) A party may voluntarily, or upon request by any member of the public or
8 governmental agency, disclose to the public or such governmental agency any record or
9 data that the other party may provide to the party, unless such disclosure is prohibited by
10 court order.
11 (C)This Agreement, and any record or data that A party may provide to the other
12 party, is subject to public disclosure under the Ralph M. Brown Act (California
13 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
14 (D)This Agreement, and any record or data that A party may provide to the other
15 party, is subject to public disclosure as a public record under the California Public
16 Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning
17 with section 6250) ("CPRA").
18 (E) This Agreement, and any record or data that a party may provide to the other
19 party, is subject to public disclosure as information concerning the conduct of the
20 people's business of the State of California under California Constitution, Article 1,
21 section 3, subdivision (b).
22 (F) Any marking of confidentiality or restricted access upon or otherwise made with
23 respect to any record or data that a party may provide to the other party shall be
24 disregarded and have no effect on the party's right or duty to disclose to the public or
25 governmental agency any such record or data.
26 10.4 Public Records Act Requests. If a party receives a written or oral request under
27 the CPRA to publicly disclose any record that is in the other party's possession or control, and
28 which the party has a right, under any provision of this Agreement or applicable law, to possess
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1 or control, then the party may demand, in writing, that the other party deliver to the party, for
2 purposes of public disclosure, the requested records that may be in the possession or control of
3 the other party. Within five business days after a party's demand, the other party shall (a) deliver
4 to the party making the demand all of the requested records that are in the other party's
5 possession or control, together with a written statement that the other party, after conducting a
6 diligent search, has produced all requested records that are in the other party's possession or
7 control, or (b) provide to the party making the demand a written statement that the other party,
8 after conducting a diligent search, does not possess or control any of the requested records. A
9 party shall cooperate with the other party with respect to any demand for such records. If a party
10 wishes to assert that any specific record or data is exempt from disclosure under the CPRA or
11 other applicable law, it must deliver the record or data to the other party and assert the
12 exemption by citation to specific legal authority within the written statement that it provides to
13 the other party under this section. A party's assertion of any exemption from disclosure is not
14 binding on the other party, but the other party will give at least 10 days' advance written notice
15 to the party asserting the exemption before disclosing any record subject to the party's assertion
16 of exemption from disclosure. The party asserting the exemption shall indemnify the other party
17 for any court-ordered award of costs or attorney's fees under the CPRA that results from the
18 party's delay, claim of exemption, failure to produce any such records, or failure to cooperate
19 with the other party with respect to any party's demand for any such records.
20 10.5 Retention. Each party shall maintain its records in connection with the respective
21 services referred to under this Agreement. Such records must be maintained for a minimum of
22 three (3) years. Records must also be maintained a minimum of three (3) years after the
23 termination of this Agreement. The party generating the records shall maintain ownership of the
24 records upon termination of this Agreement.
25 10.6 This Article 10 shall survive the expiration or termination of this Agreement.
26 Article 11
27 General Terms
28 11.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
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1 Agreement may not be modified, and no waiver is effective, except by written agreement signed
2 by both parties. The City acknowledges that County employees have no authority to modify this
3 Agreement except as expressly provided in this Agreement.
4 11.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
5 under this Agreement without the prior written consent of the other party.
6 11.3 Governing Law. The laws of the State of California govern all matters arising from
7 or related to this Agreement.
8 11.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
9 County, California. City consents to California jurisdiction for actions arising from or related to
10 this Agreement, and, subject to the Government Claims Act, all such actions must be brought
11 and maintained in Fresno County.
12 11.5 Construction. The final form of this Agreement is the result of the parties' combined
13 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
14 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
15 against either party.
16 11.6 Days. Unless otherwise specified, "days" means calendar days.
17 11.7 Headings. The headings and section titles in this Agreement are for convenience
18 only and are not part of this Agreement.
19 11.8 Severability. If anything in this Agreement is found by a court of competent
20 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
21 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
22 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
23 intent.
24 11.9 Nondiscrimination. During the performance of this Agreement, the City and the
25 County shall not unlawfully discriminate against any employee or applicant for employment, or
26 recipient of services, because of race, religious creed, color, national origin, ancestry, physical
27 disability, mental disability, medical condition, genetic information, marital status, sex, gender,
28 gender identity, gender expression, age, sexual orientation, military status or veteran status
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1 pursuant to all applicable State of California and federal statutes and regulation.
2 11.10 No Waiver. Payment, waiver, or discharge by a party of any liability or obligation of
3 the other party under this Agreement on any one or more occasions is not a waiver of
4 performance of any continuing or other obligation of the other party and does not prohibit
5 enforcement by a party of any obligation on any other occasion.
6 11.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
7 between the City and the County with respect to the subject matter of this Agreement, and it
8 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
9 publications, and understandings of any nature unless those things are expressly included in
10 this Agreement. If there is any inconsistency between the terms of this Agreement without its
11 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
12 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
13 exhibits.
14 11.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
15 create any rights or obligations for any person or entity except for the parties.
16 11.13 Authorized Signature. The City represents and warrants to the County that:
17 (A) The City is duly authorized and empowered to sign and perform its obligations
18 under this Agreement.
19 (B) The individual signing this Agreement on behalf of the City is duly authorized to
20 do so and his or her signature on this Agreement legally binds the City to the terms of
21 this Agreement.
22 (C)The County is duly authorized and empowered to sign and perform its obligations
23 under this Agreement.
24 (D)The individual signing this Agreement on behalf of the County is duly authorized
25 to do so and his or her signature on this Agreement legally binds the County to the terms
26 of this Agreement.
27 11.14 Electronic Signatures. The parties agree that this Agreement maybe executed by
28 electronic signature as provided in this section.
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1 (A) An "electronic signature" means any symbol or process intended by an individual
2 signing this Agreement to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this Agreement
8 for all purposes, including but not limited to evidentiary proof in any administrative or
9 judicial proceeding, and (2) has the same force and effect as the valid original
10 handwritten signature of that person.
11 (C)The provisions of this section satisfy the requirements of Civil Code section
12 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
13 Part 2, Title 2.5, beginning with section 1633.1).
14 (D) Each party using a digital signature represents that it has undertaken and
15 satisfied the requirements of Government Code section 16.5, subdivision (a),
16 paragraphs (1) through (5), and agrees that each other party may rely upon that
17 representation.
18 (E) This Agreement is not conditioned upon the parties conducting the transactions
19 under it by electronic means and either party may sign this Agreement with an original
20 handwritten signature.
21 11.15 Counterparts. This Agreement maybe signed in counterparts, each of which is an
22 original, and all of which together constitute this Agreement.
23 Article 12
24 Miscellaneous Provisions
25 12.1 Provider. The parties hereto acknowledge that Provider, or its replacement, if any
26 during the term of the EMS Provider Agreement, will carry out County's provision of Fire
27 Dispatching Services herein. In the event of any such replacement of Provider, the replacement
28 EMS Provider Agreement will be on substantially the same terms as the EMS Provider
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1 Agreement to the extent that it concerns this Agreement, as provided herein.
2 12.2 Force Majeure.
3 A. If either party hereto is rendered unable, wholly or in part, by Force Majeure to
4 carry out its obligations under this Agreement, that party shall give to the other party hereto
5 prompt written notice of the Force Majeure with full particulars relating thereto. Thereupon, the
6 obligations of the party giving the notice, so far as they are affected by the Force Majeure, shall
7 be suspended during, but no longer than, the continuance of the Force Majeure, except for a
8 reasonable time thereafter required to resume performance.
9 B. During any period in which either party hereto is excused from performance by
10 reason of the occurrence of an event of Force Majeure, the party so excused shall promptly,
11 diligently, and in good faith take all reasonable action required in order for it to be able to
12 promptly commence or resume performance of its obligations under this Agreement.Without
13 limiting the generality of the foregoing, the party so excused from performance shall, during any
14 such period of Force Majeure, take all reasonable action necessary to terminate any temporary
15 restraining order or preliminary or permanent injunctions to enable it to so commence or resume
16 performance of its obligations under this Agreement.
17 C. The party whose performance is excused due to the occurrence of an event of
18 Force Majeure shall, during such period, keep the other party hereto notified of all such actions
19 required in order for it to be able to commence or resume performance of its obligations under
20 this Agreement.
21 D. "Force Majeure" is defined as an Act of God, act of public
22 enemy, war, and other extraordinary causes not reasonably within the control of either of the
23 parties hereto.
24 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
CITY OF KINGSBURG COUNTY OF FRESNO
3
5 BrbKdori FyursellJr, Mayor of the City of Ernest Buddy Mende , Chairman of the
Kingsburg Board of Supervisors of the County of Fresno
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7
Date
8
Attest: Attest:
9 Abigail Palsgaard Bernice E. Seidel
City Clerk of the City of Kingsburg Clerk of the Board of Supervisors
10 County of Fresno, State of California
11
By: By:
12 Deputy
13 Mailing ad ress:
Attn: Fire Department
14 City of Kingsburg
P.O. Box 2
15 Kingsburg, CA 93631
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For accounting use only:
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Org No.: 56201693
18 Account No.: 5039
Fund No.: 0001
19 Subclass No.: 10000
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Exhibit A
1 City's Responsibilities
2 City shall perform the following functions:
3 (1) City shall provide all fire suppression services for all fire suppression calls
4 dispatched by County's EMS Communications Center requiring City Fire apparatuses in
5 accordance with City Fire's Policies and Procedures.
6 (2) City Fire shall consult with County's Representative in developing City
7 Fire's Policies and Procedures relating to dispatch only. City shall provide City Fire's Policies
8 and Procedures relating to dispatch to County for review thereof by County's Representative.
9 City shall not approve City Fire's Policies and Procedures relating to dispatch until first having
10 conferred with County's Representative and such representative agrees such policies and
11 procedures are not inconsistent with the County's EMS Communication Center's policies and
12 procedures. County's Representative shall have neither the right nor the duty to approve the
13 number of City Fire apparatuses or personnel, or amount of City Fire equipment or other
14 resources, that City Fire deems sufficient to respond to any calls for City Fire Dispatching
15 Services, or other City Fire's Policies and Procedures unrelated to dispatch. City Fire shall be
16 reasonable in developing City Fire's Policies and Procedures relating to dispatch such that
17 those policies and procedures are substantially consistent with County's EMS Communication
18 Center's Policies and Procedures.
19 (3) City shall participate in continuing education and training to County's EMS
20 Communications Center radio operators and staff regarding the dispatching and management
21 of City Fire resources, as needed.
22 (4) City shall assure all calls to City for EMS and fire suppression services
23 are immediately transferred to County's EMS Communications Center.
24 (5) In the event that City purchases and/or implements software/equipment
25 that requires County to purchase additional software/equipment to accommodate that
26 purchase, then City shall bear full responsibility for any additional costs incurred by County and
27 County shall invoice City for costs incurred.
28 (6) Upon request by County, City shall provide County with data, which
A-1
Exhibit A
1 includes the exact times EMS and fire suppression calls are received at City's Police
2 Department Communications Center (or other point of City contact, if any) and transferred to
3 County's EMS Communications Center.
4 (7) City agrees to provide an internal quality improvement program, which
5 includes the participation of County and Provider.
6 (8) City shall be responsible for the provision and maintenance of all radio
7 and computer equipment in City Fire apparatuses and City owned radio infrastructure.
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A-2
Exhibit B
1 County's Services
2 County shall be responsible for and provide each of the following:
3 (1) County shall obtain and maintain dispatching equipment, hardware, software
4 (including software licenses), and other technologies, which will be utilized for the triage and
5 entry of information for City Fire Dispatching Services in County's EMS Communications
6 Center computer aided dispatch ("CAD") system, in connection with County's performance of
7 its City Fire Dispatching Services under this Agreement; and
8 (2) County shall be responsible for selection, configuration, installation, and
9 maintenance of equipment, hardware, software and other technologies associated with this
10 Agreement. Such equipment, hardware, software (including software licenses), and other
11 technologies purchased and/or obtained by County through this Agreement shall be the sole
12 property of County. In the event City purchases and/or obtains software (including software
13 licenses)for sole use by City, then City shall be responsible for on-going maintenance, and
14 replacement costs; and
15 (3) County shall provide City Fire Dispatching Services requiring responses by
16 City Fire apparatuses as follows:
17 (a) County's EMS Communication Center shall provide all City Fire
18 Dispatching Services in accordance with City Fire's Policies and Procedures affecting City Fire
19 Dispatching Services under this Agreement ("City Fire's Policies and Procedures") (to the
20 extent that they relate only to dispatch), which shall be subject to review by County's EMS
21 Director, or designee (the "County's Representative"), as provided in Section (2) of Exhibit A.
22 (b) County's EMS Communication Center shall dispatch City Fire's
23 apparatuses through City's radios and electronic communications systems, and in accordance
24 with City Fire's Policies and Procedures (to the extent that they relate only to dispatch), which
25 shall be subject to review by County's Representative, as provided in Section (2) of Exhibit A.
26 (c) In accordance with City Fire's Policies and Procedures, County's
27 EMS Communications Center shall provide pre-arrival instructions to callers requesting City
28 Fire's services.
B-1
Exhibit B
1 (d) County's EMS Communications Center shall provide inter-agency
2 coordination regarding requests for City Fire services, mutual aid, and instant-aid services, and
3 order specialized fire equipment from City or other agencies (e.g., hazardous materials
4 equipment, or"jaws of life"), which may be needed to handle an incident, and perform other
5 related duties, all in accordance with City Fire's Policies and Procedures (to the extent that they
6 relate only to dispatch), which shall be subject to review by County's Representative, as
7 provided in Section (2) of Exhibit A.
8 (e) County's EMS Communications Center shall track all activity of
9 City Fire's apparatuses utilizing the County's EMS Communications Center CAD system.
10 (f) County shall record all telephone and radio transmissions and
11 provide instant playback as needed. Upon request, County shall provide audio recordings to
12 City Fire.
13 (g) County shall provide reports to City as requested. County must be
14 given reasonable time to develop custom reports or reports that are not already developed.
15 (h) County shall provide 1 radio operator for dispatching of City Fire's
16 apparatuses 24 hours a day, 7 days a week. City understands that the radio operator is not
17 dedicated for the sole purpose of City and that the radio operator may be dispatching other fire
18 and EMS providers. City Fire shall work collaboratively with County on policies and procedures
19 that are consistent with other fire agencies that are being dispatching in County's EMS
20 Communications Center. County shall provide that dispatching staff shall be trained in
21 emergency fire dispatch.
22 (i) County shall provide a minimum of one (1) dispatch supervisor be
23 on duty at County's EMS Communications Center twenty-four (24) hours a day, seven (7) days
24 a week. The supervisor shall be available to City's on-duty fire administration as needed.
25 0) County shall maintain an up-to-date manual of City Fire's Policies
26 and Procedures (subject to review by COUNTY's Representative, as provided in Section (2) of
27 Exhibit A) for all dispatch staff, and shall provide for training and continuing education of
28 dispatch staff as needed.
B-2
Exhibit B
1 (k) The goal for the immediate dispatch of a fire apparatus, in
2 accordance with CITY FIRE approved dispatch protocols, and excluding multiple unit
3 responses, reassigned responses and other situations beyond the County's EMS
4 Communications Center control, shall be sixty (60) seconds. The dispatch time will be
5 measured from the time the telephone is answered by the call taker to the time the first fire
6 apparatus is alerted to the incident either by radio, telephone, pager or station alerting device.
7 A review shall occur for all cases in which dispatches are over ninety (90) seconds, and results
8 will be evaluated for improvement opportunities by the Fire Dispatch Continuous Quality
9 Improvement (CQI) Committee.
10 It is understood that because of the dynamic nature of emergency services, there
11 are situations when the sixty (60) second dispatch goal may not be achieved. Examples of
12 these situations include, but are not limited to:
13 1. calls with incomplete, inaccurate or no ANVALI
14 information (including CAD-to-CAD);
15 2. calls that do not geo-verify in the CAD;
16 3. calls in which the reporting party is either unable or
17 unwilling to immediately provide all required information as part of the call taking process (i.e.,
18 non-English speaking, hysterical, or uncooperative) or use of the Teletype (TTY) or
19 Telecommunication Device for the Deaf(TDD) or audio relay device.
20 It is understood by the parties hereto that County's provision of City Fire
21 Dispatching Services herein does not include any County provision of fire suppression
22 services, and that County is providing City Fire Dispatching Services herein to City on a non-
23 exclusive basis.
24
25
26
27
28
B-3
Exhibit C
Compensation
The County will be compensated for performance of its services under this Agreement
as provided in this Exhibit C. The County is not entitled to any compensation except as
expressly provided in this Exhibit C.
County will be compensated according to the following schedule:
Payment Dates of Service Month Payment
IL Amount
1 Jul.1, 2025 to Sep. 30, 2025 Oct 2025 $3,663.75
2 Oct. 1, 2025 to Dec 31, 2025 Jan 2026 $3,663.75
3 Jan. 1, 2026 to Mar. 31, 2026 Apr 2026 $3,663.75
4 Apr. 1, 2026 to June 30, 2026 Jul 2026 $3,663.75
5 Jul.1, 2026 to Sep. 30, 2026 Oct 2026 $3,792.00
6 Oct. 1, 2026 to Dec 31, 2026 Jan 2027 $3,792.00
7 Jan. 1, 2027 to Mar. 31, 2027 A r 2027 $3,792.00
8 Apr. 1, 2027 to June 30, 2027 Jul 2027 $3,792.00
9 Jul.1, 2027 to Sep. 30, 2027 Oct 2027 $3,924.50
10 Oct. 1, 2027 to Dec 31, 2027 Jan 2028 $3,924.50
C-1
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the indemnification of each party as stated in Article 8 above, it is understood
and agree that City and County shall maintain, at their sole expense, the following insurance
policies or self-insurance programs including, but not limited to, an insurance pooling
arrangement and/or Joint Powers Agreement to fund their respective liabilities through the term
of this Agreement:
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. Each party shall obtain an endorsement to this
policy naming the other party, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by each party
is excess only and not contributing with insurance provided under the other party's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
2. Additional Requirements
(A) Verification of Coverage for City. Within 30 days after the City signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the City shall deliver, or cause its broker or
producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor,
Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or
email to the person identified to receive notices under this Agreement, certificates of
insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the City
has waived its right to recover from the County, its officers, agents, employees,
and volunteers any amounts paid under any insurance policy required by this
Agreement and that waiver does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
D-1
Exhibit D
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
City's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Verification of Coverage for County. Within 30 days after the County signs this
Agreement, and at any time during the term of this Agreement as requested by the City,
the County shall deliver, or cause its broker or producer to deliver, to the City,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the City, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
County has waived its right to recover from the City, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the City, its officers, agents, employees, and volunteers,
individually and collectively, are additional insureds insofar as the operations
under this Agreement are concerned. The commercial general liability insurance
certificate must also state that the coverage shall apply as primary insurance and
any other insurance, or self-insurance, maintained by the City shall be excess
only and not contributing with insurance provided under the County's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(C)Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(D) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, each party shall provide to the other party, or ensure that the policy requires
the insurer to provide to the other party, written notice of any cancellation or change in
the policy as required in this paragraph, not less than 30 days in advance of cancellation
or change.
(E) Entitlement to Greater Coverage. If a party has or obtains insurance with broader
coverage, higher limits, or both, than what is required under this Agreement, then the
other party requires and is entitled to the broader coverage, higher limits, or both. To that
end, a party shall deliver, or cause its broker or producer to deliver, to the other party's
Risk Manager certificates of insurance and endorsements for all of the coverages that
have such broader coverage, higher limits, or both, as required under this Agreement.
D-2
Exhibit D
(F) Waiver of Subrogation for City. The City waives any right to recover from the County,
its officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The City is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the City's waiver of subrogation under this paragraph is effective whether or
not the City obtains such an endorsement.
(G)Waiver of Subrogation for County. The County waives any right to recover from the
City, its officers, agents, employees, and volunteers any amounts paid under the policy
of worker's compensation insurance required by this Agreement. The County is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the County's waiver of subrogation under this paragraph is effective whether
or not the County obtains such an endorsement.
(H) County's Remedy for City's Failure to Maintain. If the City fails to keep in effect at all
times any insurance coverage required under this Agreement, the County may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon
the occurrence of that failure, or purchase such insurance coverage, and charge the cost
of that coverage to the City.
(1) City's Remedy for County's Failure to Maintain. If the County fails to keep in effect at
all times any insurance coverage required under this Agreement, the City may, in
addition to any other remedies it may have, suspend or terminate this Agreement upon
the occurrence of that failure, or purchase such insurance coverage, and charge the cost
of that coverage to the County.
(J) Subcontractors. The City shall require and verify that all subcontractors used by the
County to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement.
D-3