2 AGREEMENT BETWEEN THE CITY OF ANAHEIM
AND THE CITY OF PLACENTIA
FOR FIRE INVESTIGATOR SERVICES
THIS AGREEMENT, made and entered into this ______ day of _____________, 2025, is by and between the City of Anaheim (“Anaheim”) and the City of Placentia (“Placentia”).
R E C I T A L S
WHEREAS, the Fire Chief for Anaheim has determined that Anaheim fire investigators have the capacity to provide fire investigation services to other jurisdictions; and WHEREAS, Placentia desires to use the services of the Anaheim fire investigators on an as needed basis, and further agrees to compensate Anaheim for these services when rendered; and WHEREAS, Anaheim has determined that it is in the best interest of Anaheim to provide fire investigator services to the Placentia Fire Department in exchange for the reimbursement of costs; and WHEREAS, California Government Code section 54981 provides that the city council of a city may contract with another local agency for the performance of municipal services.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Anaheim agrees to provide fire investigation services (“Services”) to Placentia, when such services are requested by Placentia, subject to the following conditions:
a. An Anaheim fire investigator is available to respond. b. Fire investigation needs in Anaheim take precedence over requests for fire investigation services in Placentia.
3 c. If the Anaheim fire investigator is not immediately available to respond to Placentia, he/she will respond as soon as practicable.
d. Requests for the response of the Anaheim fire investigator(s) shall be made through Metro Net Fire Dispatch Center by a Chief Officer representing the Placentia Fire Department.
e. Fire investigator services may be utilized for origin and cause investigations, arson investigations and prosecution, 911 abuse investigations or fraud related to fire protection services.
2. When requested to respond to the scene of an emergency incident in Placentia, the Anaheim fire investigator(s) will report to the incident commander upon arrival and coordinate the investigation procedures through the incident commander.
3. Other investigations conducted by the Anaheim fire investigator(s) in Placentia shall be coordinated through the Placentia Fire Chief or designated representative.
4. From time to time, subject to availability, the Anaheim fire investigator(s) may be requested to provide training to Placentia personnel on origin and cause fire investigation techniques, in order to facilitate initial origin and cause investigations in Placentia.
5. Anaheim fire investigator(s) will work in coordination with the Placentia Police Department on criminal investigations. The Placentia Police Department will be notified by the incident commander, Fire Chief or the Anaheim fire investigator(s) of the Anaheim fire investigator’s involvement and status under this Agreement.
6. The Anaheim fire investigator(s) will provide a written report to the Placentia fire chief or the chief’s designated representative, for each investigation completed. All reports shall be requested through the fire department’s custodian of records. All fees associated with the request will be waived under this agreement.
Additionally, the Anaheim fire investigator(s) shall be responsible to submit all necessary reports or other documentation to the Office of the District Attorney, through the filing agency, for prosecution of cases that are deemed prosecutable. The Anaheim fire investigator(s) shall also be available for follow-up meetings with the Placentia Police Department investigators, insurance investigators and District Attorney Personnel. The Anaheim investigator(s) shall be made available to testify in court, as required.
7. In consideration of Services provided under this Agreement, Placentia agrees to reimburse the Anaheim under the following established rules and formulas:
4 a. The fully burdened rate of the Fire Captain Level IV Arson Investigator as set forth in Anaheim’s existing Memorandum of Understanding with the Anaheim Firefighter’s Association. It will further be calculated within one of two categories:
Regular Duty (100%) or Over Time (150%).
b. Portal to Portal. This is defined as time of dispatch to the time of Available in Quarters. This is established for fire scene origin and cause determination, evidence collections, photographic scene documentation, data collection, and case follow up requirements as requested and approved.
c. All investigative services that are applicable to the fire scene origin and cause determination. This includes, but is not limited to, report writing, evidence processing, interviews, meetings with law enforcement agencies, or presentation(s) to the governing agency as requested and approved. This could include training requests.
d. A twelve percent (12%) administrative rate will be calculated and applied to all billable hours when invoiced under this agreement.
e. Placentia agrees to provide this reimbursement within 30 calendar days of receipt of an invoice from Anaheim.
f. Placentia will be notified 30 days prior to an increase of any base or special pay related to the Fire Captain Level IV Arson Investigator rate with each subsequent Memorandum of Understanding that Anaheim executes with the Anaheim Firefighter’s Association.
8. Anaheim shall maintain worker’s compensation insurance covering its fire investigator.
9. Each party hereto shall defend, indemnify, and hold harmless the other party and its respective council members, officers, employees, and agents, from and against any and all liabilities, claims, demands, debts, suits, actions, and causes, arising out of any negligent or willful act or omission of such indemnifying party or its officers, employees or agents, done or performed pursuant to the terms and conditions of this agreement.
10. The term of this Agreement is five (5) years. It shall commence on July 1, 2025 and shall terminate on June 30, 2030. Either party may terminate this agreement for convenience by giving thirty (30) days written notice to the other party. Written notice shall be delivered or mailed to:
5 To Anaheim:
Attn: Fire Chief
Anaheim Fire & Rescue
201 S. Anaheim Blvd. Ste. 300
Anaheim, CA 92805
To Placentia:
Attn: Fire Chief
Placentia Fire Department
1530 North Valencia Avenue
Placentia, CA 92870
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. [SIGNATURES ON FOLLOWING PAGE]
CITY OF ANAHEIM
Dated:_______________________ By:______________________________ Mayor
_________________________________
City Clerk
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: _________________________________
Bryn M. Morley
Deputy City Attorney
152207
CITY OF PLACENTIA
Dated:________________________ By:________________________________
APPROVED AS TO FORM:
By:________________________________