1 INTERIM FIRE CHIEF SERVICES AGREEMENT
BETWEEN THE CITY OF GONZALES AND
MONTEREY COUNTY REGIONAL FIRE PROTECTION DISTRICT
This Fire Chief Services Agreement ("Agreement") is made by and between the City of Gonzales ("City"), a municipal corporation and Monterey County Regional Fire Protection District ("District"), a California special district organized and governed by the Fire Protection Law of 1987 (Health & Safety Code 13800, et seq.), and shall be effective as of February 1, 2026 (the "Effective Date").
RECITALS
This Agreement is made with reference to the following facts:
WHEREAS, City is located outside of the current District boundaries and City wishes to contract with the District to provide Fire Chief services, as defined in Agreement Section 1 to the City; and
WHEREAS, additionally, City provides fire services to the Gonzales Rural Fire Protection District whose boundaries are also outside the current District Boundaries; and
WHEREAS the District is authorized pursuant to Health & Safety Code section 13878 to contract to provide District services to territory which is outside the District.
NOW, THEREFORE, in consideration of the covenants set forth in this Agreement and other valuable consideration, the receipt of which is hereby acknowledged, City and the District agree as follows:
AGREEMENT
1. Interim Fire Chief Services. Subject to the terms, covenants and conditions of this Agreement, District shall provide to City and City shall pay the District for the following Fire Chief services for a total not to exceed $50,000 for the Agreement Term described in Agreement Section 7:
a). An interim Fire Chief to serve as theCity Department Director to provide operational oversight to the City's Fire Department ("Fire Chief Services"). The District’s Duty Chief shall be available when incidents arise that require onsite direction and expertise, such as responding to large incidents, mass casualties, large structural fires, hazardous materials incidents, large vegetation fires, shootings, stabbings, and any time on duty staff feel as though they need leadership and direction from the District Duty Chief for incidents within the City and the Gonzales Rural Fire Protection District boundaries. b). On duty Gonzales Fire Department staff will also have the ability to call and consult with the Monterey County Regional Fire Chief on any matters posing questions or concerns where they feel it important to receive direction from the Fire Chief or his designee.
c). The Fire Chief will work with the City’s Fire Captains to identify when and how to 2 respond to mutual aid requests given the limited size of the City Department. d). The Fire Chief will report directly to the City Manager any incidents he/she was involved in as well as any issues or concerns that may arise within the Department.
Open lines of communication are an expectation of this Agreement and all parties involved are expected to work collaboratively.
e). The Fire Chief will also be in charge of all fire investigations and will be responsible for all documentation pertaining to the incident.
f). The District will furnish any necessary vehicles, equipment and supplies necessary for the Fire Chief’s administrative and operational services. g). The District and the City may further mutually agree to exchange existing administrative staffsupport forspecific assignments as deemed beneficial to both parties, which could include, but is not limited to, staff assignments regarding disaster preparedness, fire prevention, training and other projects or committees that are mutually agreed upon.
2. Independent Contractor. At all times during the term of this Agreement, District shall be an independent contractor and shall not be employee of the City. City shall have the right to control District insofar as the scope of services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which District accomplishes services rendered pursuant to this Agreement.
3. Insurance Requirements. District shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the District, its agents, representatives, employees or subcontractors. (a) Minimum Limits of Insurance. District shall maintain limits no less than:
• General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and prope1iy damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
• City shall be named as a “co-insured” or “additional insured’ in all policies.
(b) The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Subcontractors. District shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors 3 shall be subject to all of the requirements stated herein.
4. District Not An Agent. Except as City may specify in writing, District shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. District shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
5. Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6. Standard of Performance. District shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which District is engaged in the geographical area in which District practices its profession. All service of whatsoever nature, which District delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in District.
7. Quality of Performance. District Chiefs possesses all current state, federal and regional certifications or authorizations to perform the work of a Fire Chief in the State of California, including but not limited to all State Fire Marshall certifications of Cal/OSHA, and local certifications concerning Mandatory training with respect to conditions of the workplace.
8. Term. The term of this Agreement shall commence on the Effective Date and shall continue through June 30, 2026. Either party may terminate the Agreement by providing a sixty (60) day written notice or as mutually agreed by either party. The parties by mutual written agreement may choose to extend the Agreement through December 31, 2026.
9. Payment. As required by Health & Safety Code section 13878, City shall pay the District on a monthly basis for the services provided pursuant to this Agreement. Payments for services rendered after the Agreement Effective Date shall be made by City to District through on a monthly basis. Invoices shall be consistent with, and not exceed the amounts set forth in the Scope of Work (Exhibit A).
10. Default. If City fails to make any payment when due, the District may serve a notice of default upon City. The notice of default shall provide that if City fails to cure the default within ten (10) days of the date of the notice, the District may terminate its obligation to provide Fire Chief Services to City until the default is cured.
11. Indemnification. The City shall hold harmless, defend and indemnify the District, its elected officials, officers, agents, volunteers and employees ("District Indemnified Parties") from and against all liabilities, obligations, claims, damages, losses, actions, judgments, suits, costs and expenses that the District Indemnified Parties shall incur or suffer resulting from or arising out of or in connection with any negligent act or omission or willful misconduct on the part of the City, its officers, agents, and employees, in the performance of this Agreement. 4 The District shall hold harmless, defend and indemnify the City, its elected officials, officers, agents, volunteers and employees ("City Indemnified Parties") from and against all liabilities, obligations, claims, damages, losses, actions, judgments, suits, costs and expenses that the City Indemnified Parties shall incur or suffer resulting from or arising out of or in connection with any negligent act or omission or willful misconduct on the part of the District, its officers, agents, and employees, in the performance of this Agreement.
12. Amendments. This Agreement may be amended from time to time by mutual consent in writing of the parties.
13. Cooperation in the Event of Legal Challenge. In the event of any legal challenge instituted by a third party or other governmental entity or official, challenging the validity of any provision of this Agreement, the parties agree to affirmatively cooperate in defending said action, each party bearing its own attorneys' fees and costs.
14. Notices. Any notice or communication required hereunder between City and the District must be in writing and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the saine shall be deemed to have been given ai1d received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified mail containing such notice, properly addressed, with postage prepaid, as deposited in the United States mail. If personally delivered notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party may at a11y time, by giving ten (] 0) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communication shall be given to the parties at their addresses set forth below:
To City: City of Gonzales
147 Fourth St.
Gonzales, 93926
Attention: City Manager
To District: Monterey County Regional Fire District
19900 Portola Drive
Salinas, CA 93908
Attention: District Chief
15. Integration and Amendment. This Agreement is the entire agreement between the parties with respect to the Agreement subject matter and supersedes all prior and contemporaneous oral and written agreements or discussions. This Agreement, including the exhibits hereto, may be amended from time to time only by the mutual written agreement of the parties.
16. Waiver Any waiver at any time by any party of its rights with respect to a default of any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other default or matter. The exercise by 5 a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law.
17. Construction This agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
18. Severability. If any terms, provisions, conditions or covenants of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.
19. Joint Preparation. It is agreed and understood by the parties that each party has cooperated in the drafting and preparation of this Agreement and that neither party is to be deemed the party which prepared which prepared this Agreement within the meaning of California Civil Code 1654.
20. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
"City"
CITY OF GONAZLES
__________________________
ATTEST:
APPROVED AS TO FORM:
______________________________
Michael F. Rodriquez, City Attorney
Carmen Gil, City Manager
_____________________________
Mary Villegas, Deputy City Clerk
6 "District"
MONTEREY COUNTY REGIONAL
FIRE DISTRICT
David J. Sargenti
District Chief
APPROVED AS TO FORM:
District Counsel
William D. Ross
7 EXHIBIT A
SCOPE OF WORK
I. Scope of Services
Monterey County Regional Fire District will take on the duties of Fire Chief for the City of Gonzales and its Fire Department starting February 1, 2026 through June 30, 2026. In this role the Fire Chief shall be available upon request by Fire Department staff, the City Manager and/or Police Chief as needed. They will provide the following services as part of this Agreement:
1. Serve as the City’s Department Director and be available as needed to provide services within the City and District limits.
2. Provide operational oversight to the City's Fire Department ("Fire Chief Services"). 3 . Be available during incidents that require an onsite Chief and his/her expertise, such as responding to large incidents, mass casualties, large structural fires, hazardous materials incidents, large vegetation fires, shootings, stabbings, etc.
4. Be available for consultation and direction when Gonzales Fire Department staff call to consult on issues beyond their scope and knowledge.
5. Assist the City Fire Department decide when and how to respond to mutual aid requests given the limited size of the Department.
6. Report issues or concerns to the City Manager on a timely basis and engage in active communication with her.
7. Be responsible for all investigations and documentation of fire incidents.
8. Furnish necessary vehicles, equipment and supplies for City Fire Chief duties.
9. Perform the duties of the Fire Marshal in the Gonzales Rural Fire Protection District.
II. Budget
For Fire Chief services the City will pay a total not to exceed $50,000. Fees are established per the Monterey Regional Fire District and are set as follows:
Duty Chief $150.00 per day
Fire Chief Consult $100.00 per hour
Fire Prevention and Plan Check. Actual Cost
Fire Investigation Actual Cost
III. Payment
Hours worked and services rendered shall be tracked and reported on Invoices submitted to the City Manager for payment on a monthly basis.