HomeMy WebLinkAboutNorth Central Fire Protection District Amd No 2CIV 'I
r^6T5"I REPORT TO THE CITYCOUNCIL AGENDA ITEM NO. 1p
COUNCIL MEETING OB -10-08
10,2008
CITY uAN42i
FROM: RANDY R. BRUEGMAN, Fire Chief
Fire Department
SUBJECT: AMENDMENT TO THE SERVICE AGREEMENT FOR FIRE PROTECTION
EMERGENCY SERVICES BETWEEN THE NORTH CENTRAL FIRE
PROTECTION DISTRICT AND THE CITY OF FRESNO TO ADDRESS A
MEMORANDUM OF UNDERSTANDING (MOU) FOR RESPONSE TO
DISASTERS WITHIN THE CITY OF KERMAN
(EY RESULT AREA: 0209003000 o m!Noh WM,rn
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'ubllp Safety
tECOMMENDATION
3h ff recommence approval of Amendment No. 2 to the Service Agreement for Fre Protection E
fervioes wit the North Central Fire Protection District (NCFPD) to coordinate disaster response to
July 1. 2007, the City began to provide fire protection and emergency services through a negotiated service
Bement. Periodically, the agreement will regum, amendments to address either reduction or expansion of
rice delivery and/or to address other issues as denoted which would be appropriately addressed in the
The proposed amendment addresses disaster response to the city of Kelman, which is serviced by the North
Central Fre Protection District and now the Fresno Pre Department in accomance with the Service
Agreement.
KEY OBJECTIVE BALANCE
The proposed amendment provides gains in all three key objedlves of Customer Sagsfactlon. Employee
Satisfaction, and Financlel Management. Customer Satisfaction will be enhanced by providing better
coordinate! response between the NCFPD and the City. Regimorivelion of soMces provides a more effective
and timely response to the residents living in these areas for both city and district resitlents. Emplayee
satisfaction will be enhanced by the increase of a consolidated safety response Into this area.
BACKGROUND
In meeting wit the Clry of Kerman staff regarding emergency management, an overview was provided in
respect to what the City of Fresno does with its emergency manager poshon, emergency operators plan, and
emergency operations center (EOC). After discussion, the City of Kerman desires to format a more Indeptb
Report to the City Council
Amendment to Service Agreement for Fire Protection Emergency Services
June 1D, 2008
Page 2
relationship with the NCFPD in managing disasters within the Kerman off limits. During. the discussions with
Kaman staff, needs were identified and outlined how disaster response would be handled and how resources
and frcifthes coordination would occur.
The District's interest is to provide such support, including the use of its facility (Station 21) as the City of
Kaman ECC; to ensure the City will, as the City of Fresno does with other NCFPD agreement, manage the
MOU with the City of Kerman; to accomplish an amendment to pie existing Service Agreement for Flre
Protection Services Between NCFPD and the City of Fresno is in order to Include the MOU as part of the
service agreement.
FISCAL IMPACT
There will be no fiscal impact
LIP 9r n}r.
olpolnxe0ur.-.6W.
AMENDMENT NO. 2 TO SERVICE AGREEMENT
FOR FIRE PROTECTION AND EMERGENCY SERVICES
THIS AMENDMENT NO. 2 ('Amendment') is made and entered Into as of this Far day of
June, 2008, by and between the CITY OF FRESNO, a municipal corporation ('CITY'), and the
NORTH CENTRAL FIRE PROTECTION DISTRICT, a Califomia fir protection district, organized
and operated pursuant to the Fire Protection District Law of 1987, Heats and Safety Code,
sections 138M at sag ('DISTRICT').
RECITALS
WHEREAS, CITY and DISTRICT entered into a Services Agreement for Fire Protection
and Emergency Services, dated December 20, 2006 as amended December 19, 2007
(collectively referred to as Me "Agreement')', and
WHEREAS, CITY and DISTRICT desire to modify the Agreement in certain regards,
upon the terms and conditions herein; and
WHEREAS. DISTRICT and the City of Kerman desire to enter Into a Memorandum of
Understantling, dated June 1, 2008, substantally in the form attached hereto as Exhibit A
("MOU'T for the City of Kerman'a use of DISTRICTS Board Conference Room as an
Emergency Operations Center ('EOC') and services from DISTRICT for coordination of
emergency response and relief efforts In the event of a local emergency or disaster in
ccordance with the California Emergency Services Act (California Government Code § 8550 at
seg) and Me Standardized Emergency Management System ('SEMS"); and
WHEREAS, CITY and DISTRICT desire to add Gra MOU to the list of contracts attached
to Me Agreement as ApIna lx "E' for which the CITY agrees to insure DISTRICT compliance
with its obligations by managing such contracts, provided legal and financial obligations remain
with DISTRICT; and
WHEREAS, under the Agreement, DISTRICT facilities are made available to CITY for has
AGREEMENT
NOW, THEREFORE, in consideration of Me above recitals, which recitals are
contractual In nature, the mutual promises herein contained, And for other good and valuable
consideration hereby acknowledged, the partes agree that Me aforesaid Agreement be
amended as follows:
i. Appendix "E" of the Agreement is amended to add the MOU to the list of
contracts.
2. This Amendment shall not be construed or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have any night of action
hereunder for any cause whatsoever.
3. Except as otherwise provided herein, the Agreement remains in full force and
effect.
IN WITNESS WHEREOF, the pales have executed this Amendment at Fresno.
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
By.
Antlrew L Souza,
City Manager
ATTEST:
REBECCA E. KLISCH
City Clerk
B. n✓, c. can
Deputy 41I7108
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By r i
Na A e D to
S o De
NORTH CENTRAL FIRE PROTECTION
DISTRICT, a Celi(omia fire protection distract
By:
Name. l\e VhejL HUL{an aJ
rine. La fl 'A Lfllr.+M, Citi raaN
B�y l �CUu—
NameRutwLloIli. Nok,N:
Title: ah1adat Qrr �nztyy.-- fragd
APPROVED AS TO FORM:
By
Agorne fo North Cental Mrs
Protect District
Attachment:
Exhibit A - Memorandum of Understanding. dated June 1, 2008
Exhibit
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF KERMAN
AND
NORTH CENTRAL FIRE PROTECTION DISTRICT
This Memorandum of Understanding Is made and entered Into this let day of
June, 2008, by and between the City of Kerman (CITY)and the North Central Fire Protection
District (DISTRICT).
azemF
WHEREAS, it is necessary that all resources and fablllhes of cooperating agencies be
made available to prevent and combat the effect of disasters, which may result from such
calannit as flood fire, earthquake, pestilence. war, sabotage, terrorism, and dor, and
WHEREAS, the parties hereto desire to coordinate a program of disaster response and
relief to ensure preservation and protection of life, public health and welfare, and property by
providing emergency response services by means of this Memorandum of Understanding
AGREEMENT
NOW, THEREFORE, II is mutually agreed by and between the parties hereto as fail
1, Each pally shall develop a mutually compatible plan in dependence with the
standardized Emergency Management System (SEMS) as provided for under the California
Emergency Services Act (California Government Code §8550 el seq.) providing for the effective
mobilization of all its resources and families to cope with any type of disaster and "local
emergency as defined In the California Disaster Assistance Ad (California Government Cade
§8680 at sag_).
2. The DISTRICT will coordinate emergency response and relief efforts in
cooperation with the CITY and to assist members of the public heading emergency response
and relief services. These efforts will include but not be limited to assisting the CITY in the
coordination of housing, food, and supplies, the operation of the Emergency Operations Center
I EOC), and providing information to the public.
3. The DISTRICT will provide Its Board Conference Room at 15850 W. Kearney
Blvd. in Kerman, California for use as an EOC for the CITY during a disaster and any
coordinated disaster training exercises in which the DEC Is to be activated.
9. In the event of any situa8on requiring disaster response, the DISTRICT
acknowledges it will provide disaster or emergency relief assistance through SEMS. All actions
of IM1e DISTRICT will be coordinated with other participating governmental agencies during a
disaster
5. Each party agrees to participate without assurance of cost recovery and it shall
amain the responslblllty of CITY to comply with the requirements of §8630 of the California
Emergency Services Act and the requirements of California Disaster Assistance Act In seeking
cast recovery fmm the State
Exhibit
6. Each party agrees to participate in meetings and calls related M disaster relief
]. Both parties agree to human educational materials and appropriate (reining to its
respective employees or agents who may be needed to participate in disaster relief or response
efforts.
8. Each party to this Memorandum of Understanding agrees to provide the other
party with emergency phone numbers of designated personnel responsible for disaster relief
This list will be provided annually and updated as needed
9. This Memorandum of Understanding ('MDU') is valid upon the date first set forth
above. until either (i) June 30, 2018, or all termination of (his MOU by either parry to this MOU
providing the other party 30 days prior written notice to the other parry of such termination. Thus
MOU shall not be modified, unless the parties firs( agree to and approve such modification in
writing with the written consent of the City Manager of the City of Fresno.
10. The provisions of this MOU are Intended to comply with the provlstons of §8656
of the California Emergency Services Act, providing for privileges and immunitles. from liabilities.
exemption from laws, ordinances, and Mes applicable to personnel performing their respective
functions within (hair jurisdiction to the same degree and extent while engaged in performance
of any of their functions and duties outside thelrfunsdtcdoa
11. To the extent that any equipment or hdlities of any other governmental agency
outside the CITY are utilized OF employed in any response or relief efforts covered by this
Memorandum of Untlerslantling, such equipment and facilities will remain under the control and
supervision of the CITY for the duration of the effort or until the originating governmental agency
resumes custody of the respective equipment or facilities. The DISTRICT may exercise control
and supervision of such equipment and families with the consent of the onginapng
governmental agency.
12. In the event a local emergency and disaster requires aid outside the jurisdiction
of the CITYs Operadoral Area, coordination shall be obtained through the County of Fresno in
accordance with SEMS.
13. The parties are acting in an independent capacity In pursuit of this MDU. Except
as expressly provided herein, this MOU shall not be construed as or deemed an agreement for
the benefit of any third party or parties, and no third party or prince shall have any right of
action hereunder for any cause whatsoever. The parties do intend that the City of Fresno be a
old party beneficiary under this MOU and all rights, interest and benefits of this MOU accrue to
the City of Fresno as DISTRICTS service provider under the Service Agreement for Fire
Protection and Emergency Services, dated December 20, 2006, between DISTRICT and the
City of Fresno.
14. At all times during the term of this MOU, the CITY and the DISTRICT shall
comply with all applicable laws, ordinances, rules and regulations of the United states of
America, the State of California, Including all agencies and subdivisions thereof.
15. All notices are required to be given in wii0ng under this MOU shall be deemed to
be given when delivered personally to the person designated below. or Father successor, or
when 5 days have elapsed after it is deposited In the United States mail in a sealed envelope,
with registered or certified mail postage prepaid, or on the next addressed business day If sent
by express mail or overnight air courier to the party to which the notice is being given, as
follows:
For DISTRICT For CITY
15650 W. Kearney Blvd 850 5. Madera
Kerman, CA 93630 Kerman, CA 83630
Copy to
City of Fresno Fire Department
Chief Randy Bruegman
450 M Street
Fresno, CA 83721-3063
Such addresses may be changed by either party upon written nonce to the other party given as
provided In this section.
16. If either party Is required to commence any proceeding or legal added to enforce
or interpret any termcovenant or condition of [his MOU, the prevailing party in such proceeding
or action shall be enfitle l to recover from the otherpanyi its reasonable attorney's fees and legal
expenses in addition to any other relief to which such party may be entitled
17. The provisions of this I are severable. The Invalidity. or unenforceability of
any one provision in this MOD shall not affect the other provisions.
16. This MOU represents the entire and integrated agreement between the homes
with respect to the subject matter hereof and supersedes all prior negotiations, representations
or agreements, either written or oral.
IN WITNESS THEREFORE, this Memorandum of understanding has been executed by
and
d conn behalf
oofff the parties hereto as of me day and year first above written.
II// I Sil I I ISnature Signature
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Printod Name and Title printed Name and Title
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Agency Agency
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