1 A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of ___________2026, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM”,
A
N
D
ORANGE COUNTY FIRE AUTHORITY, a County agency,
hereinafter referred to as "OCFA”.
ANAHEIM and OCFA are sometimes individually referred to herein as ''Party" and collectively as "Parties".
WITNESSETH:
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its Business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, OCFA is a California Joint Powers Authority, and the successor agency to the Orange County Fire Department, which provides fire protection and medical services to unincorporated areas of Orange County; and
WHEREAS, OCFA and ANAHEIM previously entered into an Agreement, dated March 12, 1996, and four (4) separate amendments thereafter to provide fire and emergency medical services to the unincorporated county area bordering southwest Anaheim, north of Ball Road, as indicated on the map attached as Exhibit A (“SERVICE AREA”); WHEREAS, OCFA and ANAHEIM previously then entered into a new Agreement dated July 11, 2017, which superseded and extinguished the March 12, 1996, agreement and all amendments thereto, in order to revise the compensation rate to equal sixty five percent (65%) of the secured Structural Fire Fund revenue generated in the SERVICE AREA, and set a term for the Agreement through June 30, 2020.
WHEREAS, OCFA and ANAHEIM entere d into an agreement dated July 14, 2020, to bring the terms and conditions of the July 11, 2017 agreement up to date and reflect the 2 current needs and expectations between the Parties and extend the term of the Agreement through June 30, 2025.
WHEREAS, OCFA and ANAHEIM wish to enter into this Agreement to supersede and extinguish the July 14, 2020 Agreement and any amendments thereto, in order to bring the terms and conditions of the Agreement up to date and to reflect current needs and expectations between the Parties including extending the term thereof through June 30, 2026.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SERVICES TO BE PROVIDED BY ANAHEIM
1.1. ANAHEIM shall provide fire and emergency medical services and ambulance services to that unincorporated territory of Orange County which is the SERVICE AREA denoted in Exhibit A.
1.2. Initial Response to structure and other fire, medical, and other emergencies in the SERVICE AREA shall be the responsibility of ANAHEIM. The initial response shall be based on the closest available and appropriate resource, in accordance with the closest resource concept. The amount and type of equipment to respond will be based upon the normal deployment that Anaheim deploys to calls in their own jurisdiction, and are in alignment with the Orange County Fire Service Annex, dictated by mutual agreement of the OCFA Fire Chief and the Fire Chief of ANAHEIM.
1.3. In the event of an emergency in the SERVICE AREA that exceeds the ability of ANAHEIM fire services to control, and ANAHEIM has committed equipment equivalent to a structure fire response, and then ANAHEIM shall notify OCFA.
1.4. Where mutual aid is required in the SERVICE AREA, ANAHEIM's Fire Chief or his designee shall make such requests through the County Mutual Aid Fire System.
1.5. ANAHEIM shall furnish OCFA reports on fire and rescue services, as requested.
1.6. Burning permits for the SERVICE AREA will be issued by OCFA. If OCFA issues a burn permit in the SERVICE AREA, it will send a copy of the permit to the 3 ANAHEIM Fire Marshal's office and to the Metro Net Fire Communications Center at least 24 hours prior to the allowed burn time.
2. SERVICES TO BE RETAINED BY OCFA
Except as otherwise provided herein, OCFA agrees to retain the responsibility for administrative work, including fire investigations and building inspections in the SERVICE AREA.
3. TERM
The term of this Agreement is for one (1) year. It shall commence on July 1, 2025, and shall terminate on June 30, 2026 unless terminated earlier as set forth in Section 7 herein (“Term”). Renewal beyond June 30, 2026, shall require the approval of the OCFA Board of Directors and the ANAHEIM City Council.
4. COMPENSATION
As consideration for the services set forth in this Agreement, OCFA agrees to pay ANAHEIM the following amounts:
4.1. An amount equal to sixty-five percent (65%) of the secured Structural Fire Fund revenue generated in the SERVICE AREA. Said annual payment will be calculated using the following formula: NSAV x BASIC TAX LEVY RATE x 0.10512781 x 0.65= Annual Payment.
The above formula is based upon the following:
NSAV is the sum of the Net Secured Assessed Value of all parcels in the SERVICE AREA as reported by the Orange County Assessor for the then current fiscal year; BASIC TAX LEVY RATE is the amount of that rate, which, at one percent (1%) is represented as 0.01 in the formula.
0.10512781 is the Average Structural Fire Fund Tax Rates for the Tax Rate Areas that include the SERVICE AREA (TRAs 71-004, 71-008, 71-010, and 71-012) at the time of the execution of this contract.
0.65 represents the pass through rate (65%) to ANAHEIM in this Agreement.
4.2. Said yearly payment shall be paid to ANAHEIM in two equal installments 4 on December 1 and March 1 each year, starting Dec. 1, 2020. Thirty days (30 days) before each due date, the OCFA will report this calculation to the City and the City shall then submit an invoice for each installment.
4.3. OCFA shall not be liable for the direct payment of any wages or other compensation to any officer, employee, or agent of ANAHEIM performing any services under this Agreement. OCFA shall not be liable to any officer, employee, or agent of ANAHEIM for any sickness or injury incurred by such person in the course of performing services under this Agreement. ANAHEIM shall be solely responsible for all personnel actions relating to ANAHEIM employees utilized in the performance of this Agreement.
5. ADMINISTRATION
This Agreement will be administered in ANAHEIM by Anaheim Fire & Rescue.
The employees of Anaheim Fire & Rescue shall be authorized to take the following actions pursuant to this Agreement:
(i) ANAHEIM's Fire Chief is authorized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance with Section 7 of this Agreement.
6. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or OCFA to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
5 If to ANAHEIM:
City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to:
Anaheim Fire & Rescue
201 S. Anaheim Blvd, Suite 300
Anaheim, CA 92805
Attention: Fire Chief
Telephone Number: (714) 765-4001
FAX No. (714) 765-4008
If to OCFA:
Orange County Fire Authority
P.O. Box 5711S
Irvine, CA 92619-7115
Attention: Fire Chief
Telephone Number: (714) 573-6010
FAX Number: (714) 368-8800
7. ENFORCEMENT OF AGREEMENT
7.1. Events of Default.
For purposes of this Section 7, the word "Default" shall mean the failure of either OCFA or ANAHEIM to perform any of either Party's respective duties or obligations or the breach by OCFA or ANAHEIM of any of the terms and conditions set forth in this Agreement.
Notwithstanding the foregoing, neither OCFA nor ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by either Party hereunder unless and until the non-performing Party has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from the other Party specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of the obligation is such that more than thirty (30) days are required for its performance, then the non-performing party shall not be deemed to be in Default if it shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
7.2. Immediate Termination for Default. ln the event of any Default by either OCFA or ANAHEIM, the non-defaulting Party may immediately terminate this Agreement.
Such termination shall be effective immediately upon receipt by the defaulting Party of written notice from the non-defaulting Party. In such event, the defaulting Party shall have no further 6 rights hereunder, and the non-defaulting Party shall have all other rights and remedies as provided by law.
7.3. Termination Without Cause. This Agreement may be terminated without the necessity of cause by either Party on June 30 of any year by giving written notice of termination of at least six (6) months prior to said termination date.
8. COMPLIANCE WITH ALL LAWS
OCFA shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by OCFA shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
9. INDEMNIFICATION
Each Party shall indemnify and hold harmless the other Party, and its officials, officers, agents and employees from any and all losses, liability, damages, claims, suits, action and administrative proceedings, and demands relating to acts or omissions of the indemnitor, its officials, officers, agents or employees arising out of or incidental to the performance of any of the provisions of this Agreement or any other acts or omissions of the indemnitor, its officers, agents or employees. Neither Party assumes liability for the acts or omissions of persons other than each Party's respective officials, officers, agents or employees. In the event judgement is entered against both Parties because of joint or concurrent negligence of both Parties, or their officials, officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction and neither Party shall be entitled to a jury apportionment.
///
///
7 10. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
11. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and OCFA with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or OCFA which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
12. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
13. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
14. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both OCFA and ANAHEIM and approved as to form by the City Attorney and General Counsel.
15. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent 8 permitted by law.
16. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and OCFA herein shall be cumulative and are given without impairing any other rights given ANAHEIM or OCFA by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or OCFA shall not exclude the exercise of any other remedy.
17. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
18. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
19. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms, OCFA shall, at ANAHEIM's request, deliver a certified copy of its governing board's resolution or certificate authorizing or evidencing such execution.
20. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date"), and its provisions shall be effective as of July 1, 2025.
9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
Date of Execution
_____________________________________
CITY OF ANAHEIM
a municipal corporation
By: _________________________________
Greg Garcia, Interim City Manager
“ANAHEIM”
ATTEST:
By: _________________________________
Cit
y Clerk
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: _________________________________
Robert J. Tyson
Assistant City Attorney
Date
d: _______________________________
Date of Execution
_____________________________________
ORANGE COUNTY FIRE AUTHORITY
a California joint powers authority
By: _________________________________
Printed Name: ________________________
Title: _______________________________
“OCFA”
ATTEST:
By: _________________________________
Cler
k of Authority
APPROVED AS TO FORM:
OCFA GENERAL COUNSEL
By: _________________________________
Dated:
_______________________________
/38123
Attachments: Exhibit A- Map of Service Area
10 EXHIBIT A
MAP OF SERVICE AREA
1917
2016
1820
2019
1920
1817
1717
2020
1915
1720
1818 1821
2017
1815
1921
2018
1816
17181715
1918
1819
2015
17211716
1919
2021
1916
1719
EMPIRE
RANDOM
1ST
2ND
BEACON
THISTLE
STONYBROOK
BRUCE
DIANE
ROWLAND
AGATE
GARZA
BAKER
CALICO
COVENTRY
NEDRA
ORME
HILLVIEW
TOLA
TROJAN
JANE
ELMLAWN
ELKRITA JILL
WOODWORTH
TAMARA
ROANNE
ARCHER
MINERVA
CHESTNUT
ECHO
CONLEY
MACDUFF
SHELLI
FOLSOM
MAIN
KENMORE
BEN
VERONASYLVAN
CHESTER
ROYCE
BANFF
BANTA
SAVOY
VANTAGE
HARRIET
IRA
VELVA
MONUMENT
OLD
FASHION
MEDINA
OAKWILDEBIRCHLEAF
RUSTICMARKEV
KENNELLY
PALAIS
OAKCREST
ROSEBAY
NINA
VICTORIA
WESTHAVEN
EMBASSY
KATELLA
BEACH
WILBERTA
RAMM
BETTES
BELAIR
COLCHESTER
ARON
CRONE
VELARE
STARR
TRANSIT
SCARBOROUGH
POONA
HAYWARD
JEAN
YARDLEY
PACIFIC
HARLE
IVANHOE
ROSE
KATELLA
WHITEGATE
DOYLE
VALLEY
RAMONA
MALL
SHERRILL
GARDEN
CHANTICLEER
BRONWYN
BRODER
WILLIAMMILLER
TERI
LAMAR
ENDRY
GILBERT
ROYALOAK
HEDLUND
VINEVALE
EASY
GUINIDA
BIENVILLE
BEACHY
MAC
ACADEMY
NIOBE
PALAIS
EOLA
RODEO
REGAL
COURT
LYNROSE
MERLE
COLONY
WINSTON
MONROE
MIDWOOD
RIDGEWAY
CHALET
CHAMBERLAIN
DECKER
REGATTA
STARDUST
PARK
STACIE
VICKI
BRIDGEPORT
LULLABY
FARNHAM
GREENWICH
THOMASCREWDIXIE
JUDITH
RHIEMS
PATRICIA
LARRY
HACIENDA
ALWICK
NUTWOOD
TINA
GARY
PERDIDO
SONNET
FLORIN
ELM
LODI
SKYWOOD
WILLOW
CASTLE
RENOAK
BOUVAIS
CAMPUS
TEXELLA
FOREST
DALLAS
HARRIET
ORANGE
GARDENAIRE
ANNAPOLIS
ROVEN
KEYS
JAY
SALLIE
LORENA
SHARON
ASHINGTON
NIRA
SYCAMORE
BOATMAN
CHATEAU
HIAWATHA
CRESTWOOD
D ESTE
MYSTIC
LOLA
GAYMONT
CORNER
ASHDALE
HEARTH
FLOWER
MACDUFF
BARNSDALE
DESSER
STINSON
CENTRAL
JUNO
TEDMAR
PEMBROOKE
DE
VOY
CLEARBROOK
ROME
PRIMROSE
CAMELLIA
ELECTRIC
LAXORE
FERN
CHAIN
DELANO
BENWOOD
MARIAN
CRIS
PACIFIC
HARVESTPARADE
WASCO
GRIVEY
GAIN
SLOOP
NEPTUNE
EMERALD
YANA
STANDUSTRIAL
AMBERWICK
BERRY HARCOURT
WEBSTER
BEACH
MAGNOLIA
LINCOLN
CERRITOS
GILBERT
BROOKHURSTDALE
MAGNOLIA
KATELLA
BROADWAY
BALL
CERRITOS
ORANGE
Legend
Anaheim Boundary
Contract Area
Anaheim
Garden Grove
Stanton
Unincorporated
¯
County Contract Area
EXHIBIT A