HomeMy WebLinkAboutAgreement A-18-381 with FC Fire Protection District.pdf1
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this day
of ___________, 2018, by and between the COUNTY OF FRESNO, a Political Subdivision of the State
of California (“COUNTY”), and Fresno County Fire Protection District, a local fire protection district
organized and existing as a California Special District under the Fire Protection District Law of 1987,
whose address is 210 S. Academy Ave., Sanger, CA 93657 (“DISTRICT”).
W I T N E S S E T H:
WHEREAS, consistent with Health and Safety Code Sections 13861 and 13862, the DISTRICT
is the primary provider of fire suppression, prevention, rescue, emergency medical services and
hazardous material emergency response and other services relating to the protection of lives and
property within its territorial limits as shown on attached Exhibit A, which is incorporated by this
reference, and which includes certain incorporated cities and substantial portions of the unincorporated
territory of the County; and
WHEREAS, consistent with Government Code Section 56133 a fire protection district may
provide new or extended services by contract or agreement outside of its jurisdictional boundaries upon
written approval by the Local Agency Formation Commission; and
WHEREAS, territories within the COUNTY and outside of the jurisdictional boundaries of the
DISTRICT are currently not being provided with fire suppression, prevention, rescue, emergency
medical services and hazardous material emergency response and other services relating to the
protection of lives and property by a recognized fire protection agency as determined by the Insurance
Services Office; and
WHEREAS, such territories are generally comprised of privately held lands that are part of the
COUNTY west of the DISTRICT’S western boundary to the COUNTY’S western boundary and east of
the DISTRICT’S eastern boundaries to the western boundary of the Sierra and Sequoia National
Forests’ wilderness areas and outside of other fire protection agencies’ territories as shown on Exhibit
B, which is incorporated by this reference, and is referred to as the “Unprotected Land Service Area”;
and
10th
July
Agreement No. 18-381
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WHEREAS, the parties desire to enhance the delivery of fire suppression and emergency
services by ensuring a stable funding source to ensure effective and efficient emergency services are
provided in areas of the County that do not currently receive such services; and
WHEREAS, an MOU to provide formalized services is beneficial to both the County and the
DISTRICT, and to the health and safety of residents.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS OF THE DISTRICT
A.The DISTRICT shall provide to the Unprotected Land Service Area as
delineated the services described in Exhibit C, which is incorporated by this reference. Notwithstanding
section 8 of this MOU, the DISTRICT shall provide all such services in the same manner, with the same
competence, diligence, and workmanship, and to the same standards of quality, as it provides such
services within its own jurisdictional boundaries.
B.The DISTRICT shall take all actions necessary and lawful to amend or
administer the DISTRICT’s special taxes in Community Facilities District (“CFD”) Zones 1 and 2 as
follows:
1)To provide that no special tax is levied on property within the Non-
Conforming Property classification, as that term is defined in the “Rate and Method of Apportionment of
Special Tax,” which was approved by the DISTRICT’s Board of Directors by Resolution No. 2010-9 on
June 22, 2010 (“RMA”);
2)To provide that the special tax for SFR Property, as that term is defined in
the RMA, is levied and collected only in connection with a subdivision of property resulting in three or more
SFR housing units, as required by Section II of the DISTRICT’s “Local Goals and Policies for Community
Facilities Districts,” which was adopted by the DISTRICT’s Board by Resolution No. 2010-06 on May 19,
2010; and
3)To provide that, before adopting a resolution of intention to form a CFD or
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annex to an existing CFD, under Government Code section 53339.2, or any successor statute, if the
territory covered by such a resolution includes property likely to be classified by the DISTRICT’s CFD
Administrator as Industrial Property, as those terms are defined in the RMA, the DISTRICT shall first
consult with the COUNTY’s Director of Public Works and Planning, to ensure that the DISTRICT’s process
does not conflict with the COUNTY’s process for approval of subdivision maps.
2.OBLIGATIONS OF THE COUNTY
A.COUNTY shall pay compensation as provided in section 5 of this MOU.
B.The Amador Contract between CAL FIRE and the County is a separate
agreement and will continue at the four (4) station staffing level or other terms as determined between
the County and CAL FIRE.
C.TERM
The term of this Agreement shall be for a period of twenty (20) years, commencing on July 1,
2017, through and including June 30, 2037. This Agreement may be extended for additional
consecutive ten (10) year periods upon written approval of both parties no later than one year prior to
the first day of the next ten (10) year extension period. For the purposes of this section, one year
means 365 days, or 366 days if there is a leap day during the year prior to the first day of the next
extension period.
3.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the DISTRICT ninety (90) days advance written notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
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In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of
this Agreement or any default which may then exist on the part of the DISTRICT. Neither shall such
payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the DISTRICT the repayment to the COUNTY of any
funds disbursed to the DISTRICT under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. The DISTRICT shall promptly refund any
such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY or DISTRICT upon the giving of ninety (90) days advance
written notice of an intention to terminate to the other party.
4.COMPENSATION/INVOICING: COUNTY agrees to pay DISTRICT and DISTRICT
agrees to receive compensation according to the schedule and formula shown on Exhibit D, which is
incorporated by this reference. DISTRICT shall submit annual invoices to the County of Fresno
County Administrative Office during December of each fiscal year, together with a written certification
that the DISTRICT is and will remain in compliance with section 1.B. of this Agreement for that fiscal
year. COUNTY will only pay invoices that are accompanied by that certification.
It is understood that all expenses incidental to DISTRICT'S performance of services under this
Agreement shall be borne by DISTRICT.
5.INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by DISTRICT under this MOU, it is mutually understood and agreed that DISTRICT, including
any and all of the DISTRICT'S officers, agents, and employees will at all times be acting and
performing as an independent CONTRACTOR, and shall act in an independent capacity and not as an
officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore,
COUNTY shall have no right to control or supervise or direct the manner or method by which DISTRICT
shall perform its work and function. However, COUNTY shall retain the right to administer this MOU so
as to verify that DISTRICT is performing its obligations in accordance with the terms and conditions
thereof.
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DISTRICT and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters of performance set forth
in this MOU.
Because of its status as an independent DISTRICT, DISTRICT shall have absolutely no right to
employment rights and benefits available to COUNTY employees. DISTRICT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, DISTRICT shall be solely responsible and save COUNTY harmless from all matters relating to
payment of DISTRICT'S employees, including compliance with Social Security withholding and all other
regulations governing such matters. It is acknowledged that during the term of this Agreement,
DISTRICT may be providing services to others unrelated to the COUNTY or to this Agreement.
6.MODIFICATION: Any matters of this MOU may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
7.NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this MOU nor
their rights or duties under this MOU without the prior written consent of the other party.
8.HOLD HARMLESS: DISTRICT agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs
and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by DISTRICT, its
officers, agents, or employees under this MOU, and from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be
injured or damaged by the performance, or failure to perform, of DISTRICT, its officers, agents, or
employees under this Agreement.
The COUNTY and DISTRICT intend that the provision of services under this memorandum of
understanding is subject to the provisions of Government Code Title 5, Division 2, Part 2, Chapter 4,
Article 2 (beginning with section 55631), including but not limited to Government Code section 55634,
relating to privileges and immunities from liability, exemptions from laws and rules, and all pension,
relief, disability, workmen’s compensation and other benefits granted the fire or police force of any local
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agency performing its functions within the territorial limits of another local agency by virtue of any
contract with such other local agency.
9.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from DISTRICT or any third
parties, DISTRICT, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement
or Joint Powers Agreement (JPA) throughout the term of the 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 shall be issued on
a per occurrence basis. COUNTY may require specific coverages including completed operations,
products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other
liability insurance deemed necessary because of the nature of this contract.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than One Million
Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
any auto used in connection with this Agreement.
C.Professional Liability
If DISTRICT employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing
services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)
per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
DISTRICT shall obtain endorsements to the Commercial General Liability insurance naming the County
of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but
only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
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provided under DISTRICT's policies herein. This insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date DISTRICT signs and executes this Agreement, DISTRICT
shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,
as required herein, to the County of Fresno, (Name and Address of the official who will administer this
contract), stating that such insurance coverage have been obtained and are in full force; that the
County of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that such Commercial General Liability insurance names the County of Fresno, its officers,
agents and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned; that such coverage for additional insured shall apply
as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees, shall be excess only and not contributing with insurance provided under
DISTRICT's policies herein; and that this insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance, written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
In the event DISTRICT fails to keep in effect at all times insurance coverage as herein provided,
the COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement
upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
10.AUDITS AND INSPECTIONS: The DISTRICT shall at any time during business hours,
and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all
of its records and data with respect to the matters covered by this Agreement. The DISTRICT shall,
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upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
necessary to ensure DISTRICT'S compliance with the terms of this Agreement.
If compensation to the DISTRICT exceeds ten thousand dollars ($10,000.00), DISTRICT shall be
subject to the examination and audit of the Auditor General for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
11.NOTICES: The persons and their addresses having authority to give and receive
notices under this Agreement include the following:
COUNTY: DISTRICT:
County of Fresno Fresno County Fire Protection District
County Administrative Officer District Fire Chief
2281 Tulare Street, Room 304 210 S. Academy
Fresno, CA 93720 Sanger, CA 93657
All notices between the COUNTY and DISTRICT provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail,
by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered
by personal service is effective upon service to the recipient. A notice delivered by first-class United
States mail is effective three COUNTY business days after deposit in the United States mail, postage
prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is
effective one COUNTY business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed
(but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be
deemed to be effective at the next beginning of a COUNTY business day), provided that the sender
maintains a machine record of the completed transmission. For all claims arising out of or related to
this Agreement, nothing in this section establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the Government Claims Act
(Division 3.6 of Title 1 of the Government Code, beginning with section 810).
12.VENUE AND GOVERNING LAW: Venue for any action arising out of or related to this
Agreement shall only be in Fresno County, California.
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The rights and obligations of the parties and all interpretation and performance of this Agreement shall
be governed in all respects by the laws of the State of California.
13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
DISTRICT and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
nature whatsoever unless expressly included in this Agreement.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3 DISTRICT COUNTY OF FRESNO
Michael Del Puppo
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_·'{\\ __ \_(;_\\---'--f\--'-ot,--=-L __ ·\)=-~------"'L~~-\l\---1-@?--l!-+=_-_Q~,)~~upervisors of the County of Fresno
Print Name & Title W
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Approved as to legal form:
William D. Ross, District Cou~el
Date: I /2 'ii /201 K / ,
FOR ACCOUNTING USE ONLY:
ORG No.: 2540
Account No.: 7845
10
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: Cf)JJL~
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Unprotected Area
UNPROTECTED AREA (EAST) FRA 414,810 Acres SRA 159,686 Acres TOTAL 574,496 Acres
* Fire Districts and CSAs in Fresno County are considered protected.
*Fire Districts and CSAs
Wilderness - NPS
Unprotected Area
FRA
SRA
City Limits
Legend
Map Date: May 16, 2017
UNPROTECTED AREA (WEST) FRA 148,202 Acres SRA 274,939 Acres TOTAL 423,142 Acres
TOTAL (EAST&WEST) 997,637 AcresDisclaimer:While every effort has been made to ensure the accuracy of the map, the map producer is not responsible for any errors or ommisions.Maps are for graphical purposes only. Exhibit B
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Exhibit C
Service Plan for the Enhanced Delivery of Fire Protection Services
In Otherwise Unprotected Land Service Areas Not Serviced by a Recognized Fire Jurisdiction.
Funding
Fresno County Fire Protection District (DISTRICT) shall provide funding to the Volunteer Fire
Companies (Huntington Lake Volunteers, Big Creek Volunteers, Pine Ridge Volunteers, Mountain
Valley Volunteers, Hume Lake Volunteers) (each a VOLUNTEER; collectively, VOLUNTEERS) with
no recognized jurisdiction as follows:
1. The DISTRICT shall give a $10,000 credit to each of the VOLUNTEERS for each Fiscal
Year.
2. The DISTRICT shall directly pay invoices on behalf of each VOLUNTEER up the credit
amount, for expenses in the following categories:
a. To provide fire apparatus repair and maintenance in a recognized repair facility.
b. To provide and maintain firefighting tools and equipment.
c. To purchase and maintain required insurance policies for liability, equipment and
workers compensation coverages.
d. To provide training that meets State and Federal fire service best practices (such as
those recommended or established by the national Fire Protection Association, the
National Institute for Occupational Safety and Health, and the California Occupational
Safety and Health Administration) and State and Federal law mandates that are
applicable to fire protection organizations.
The DISTRICT will also work to provide discounted service rates on the above services to
VOLUNTEERS with a recognized jurisdiction (Shaver Lake Volunteers, Auberry Volunteers, Bald
Mountain Fire District) (COMPANIES).
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Fire Protection Services
The DISTRICT shall enter into automatic aid agreements with VOLUNTEERS, which agreements,
individually and collectively, shall provide for utilizing the closest emergency resources for the
following call types:
o Structure Fire Response, Residential and Commercial
o Vegetation Fire Response
o Hazardous Materials Incident Response
o Medical Aid Response
o Vehicle Accident Response
o Technical Rescue Response, including rope rescue, structural collapse search & rescue,
confined-space search & rescue, trench and excavation search & rescue, vehicle and
machinery search & rescue, water search & rescue.
The DISTRICT shall also under this agreement:
o Manage all incidents under the Incident Command System (ICS)
o Assign certified fire investigators to handle fire investigations and make written reports
available for the affected parties should they be needed for insurance purposes or
criminal investigations.
o Ensuring that VOLUNTEERS are reporting to the California All Incident Reporting
System (CAIRS), or the reporting shall be completed by the DISTRICT for statistical
purposes.
o Provide additional staffing to district fire stations in support of this agreement as funding
allows, and no later than year 6 of this agreement.
o Provide personnel to structure fire responses to meet the National Fire Protection
Administration (NFPA) 1720 standard for minimum staffing on structure fires.
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o Provide an Annual Activity Report to the Fresno County Board of Supervisors, including
at a minimum, call volume, call types, training hours provided, and status of
VOLUNTEERS meeting required training.
Fire Prevention and Fire Code Enforcement Services
The DISTRICT shall provide the following fire prevention and fire code enforcement services, under
the DISTRICT fee schedule, upon written request by the COUNTY:
Plan review for fire code compliance
Field inspections of plan review projects
Fire Sprinkler and alarm system testing
Fire Inspections for new businesses
Hydrant flow testing
Over the counter meetings with contractors and engineers
Volunteer Firefighter Training and Mandate Compliance
The DISTRICT shall provide the following services related to volunteer firefighter training and
mandate compliance with State and Federal laws pertaining to firefighting. With the passage of SB
1207 in 2002 that was implemented on January 1, 2004, Volunteer firefighters must be trained to
the same level as full-time career firefighters:
Train Volunteer Firefighters in compliance with State and Federal Mandates including Cal-
OSHA and Department of Labor.
Assist Volunteer Firefighters in meeting National Wildfire Coordinating Group (NWCG)
Standard 310-1 for wildland fire assignments.
Ensure that VOLUNTEERS have valid insurance policies for Comprehensive, Liability and
Worker Compensation Insurance. DISTRICT will coordinate or combined coverage for best
value on cost.
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Volunteer Fire Apparatus Repair and Maintenance
The DISTRICT apparatus maintenance personnel shall:
Maintain all fire apparatus per California Vehicle Code and NFPA 1915.
Perform safety compliance inspections per California Vehicle Code and NFPA 1911.
Perform fire engine pump testing per NFPA 1911.
Exhibit D‐1
Baseline Funding
FY 2017‐18 1,555,979 16.67% 259,382
FY 2018‐19 1,587,099 33.33% 528,980
FY 2019‐20 1,618,841 50.00% 809,421
FY 2020‐21 1,651,217 66.67% 1,100,867
FY 2021‐22 1,684,242 83.33% 1,403,479
FY 2022‐23 1,717,927 100.00% 1,717,927
FY 2023‐24 1,752,285 100.00% 1,752,285
FY 2024‐25 1,787,331 100.00% 1,787,331
FY 2025‐26 1,823,077 100.00% 1,823,077
FY 2026‐27 1,859,539 100.00% 1,859,539
FY 2027‐28 1,896,730 100.00% 1,896,730
FY 2028‐29 1,934,664 100.00% 1,934,664
FY 2029‐30 1,973,358 100.00% 1,973,358
FY 2030‐31 2,012,825 100.00% 2,012,825
FY 2031‐32 2,053,081 100.00% 2,053,081
FY 2032‐33 2,094,143 100.00% 2,094,143
FY 2033‐34 2,136,026 100.00% 2,136,026
FY 2034‐35 2,178,746 100.00% 2,178,746
FY 2035‐36 2,222,321 100.00% 2,222,321
FY 2036‐37 2,266,768 100.00% 2,266,768
Total 33,810,950
10‐Year Optional Extension
FY 2037‐38 2,312,103 100.00% 2,312,103
FY 2038‐39 2,358,345 100.00% 2,358,345
FY 2039‐40 2,405,512 100.00% 2,405,512
FY 2040‐41 2,453,622 100.00% 2,453,622
FY 2041‐42 2,502,695 100.00% 2,502,695
FY 2042‐43 2,552,748 100.00% 2,552,748
FY 2043‐44 2,603,803 100.00% 2,603,803
FY 2044‐45 2,655,880 100.00% 2,655,880
FY 2045‐46 2,708,997 100.00% 2,708,997
FY 2046‐47 2,763,177 100.00% 2,763,177
Total 25,316,882
Phase‐in of Funding
Exhibit D‐1
Formula Notes:
1. Beginning Baseline is agreed to by the parties as of the effective date
of this agreement.
2. Baseline is escalated each year by the same percentage as determined by the
County Assessor in compliance with Proposition 13.
3. Funding is phased in over six (6) years until the funding is at
100% of the escalated baseline.
4. Economic downturns causing budget cuts to County Public Safety
Departments will cause the same percentage cut to this MOU.
Likewise, this MOU will be restored at the same rate as the other
County Public Safety Departments.