AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND DISTRICT IO/HALLWOOD
COMMUNITY SERVICES DISTRICT REGARDING EMERGENCY SERVICES THIS AGREEMENT ("Agreement") is made effective July 1, 2021, by and between the City of Marysville (the "City") and District 10/Hallwood Community Services District (the "District") with regard to the matters set forth below.
RECITALS
A. The City is a municipal corporation organized and existing under its duly adopted charter and the laws of the State of California;
B. The City operates a municipal fire department, composed of City employees, led by the Fire Chief as a Department Head;
C. The District is a Community Services District organized and existing under the Community Services District Law (Government Code 6100 et seq.);
D. The City currently provides Fire Suppression and other services to the District. This Agreement supersedes the current Agreement between the parties.
E. The current Agreement between the parties expired June 30, 2021, and the purpose of this Agreement is to supersede and replace the prior Agreement.
NOW, THEREFORE, in consideration of the foregoing facts, circumstances and the mutual promises contained herein the parties agree as follows:
SECTION 1
INCORPORATION OF RECITALS
The foregoing recitals are not merely recitals but are contractual in nature and are incorporated into this Agreement.
SECTION 2
SCOPE OF SERVICES
The City shall provide within the District, at substantially the same level as such services are provided within the City, the following services:
A. Fire Suppression.
B. Basic life support/emergency medical services.
C. Investigating the cause of fires within the District; D. Fire prevention and Fire Code enforcement, including fire inspection, plan review, fire administration and strategic planning.
The City Fire Chief, or his/her designee, shall have authority to prescribe the manner and method of providing the services described above. The City shall assume and be responsible for the full administrative and tactical control of the firefighting resources of the City and the District. Any portion of the District that is annexed to the City shall not be considered part of the District. Any portion of the District that is annexed to the City shall not be considered part of the District for purposes of this Agreement. Notwithstanding any provision herein to the contrary, the City shall not be required to duplicate any service provided to the District by another governmental agency. 1 SECTION 3
COMPENSATION FOR SERVICES
For the first year of this Agreement (July 1, 2021, through June 30, 2022) the District shall pay the City $170,000. From this amount, $40,000 shall be placed into the City's equipment replacement account. For the second year of this Agreement (July 1, 2022 through June 30, 2023), the District shall pay the City $170,000 plus an increased percentage based upon the Bay Area Consumer Price Index most recently established prior to July 1, 2021 compared with the Bay Area Consumer Price Index one year thereafter subject to a maximum cap of 3%. By way of example, if the increase in the Bay Area Consumer Price Index for the second year of this Agreement (as used herein a "year" runs from July 1st through June 30th of the following year) was 4%, the amount to be paid to the City would be increased by the maximum cap of 3% such that the amount to be paid for the City for the second year of this Agreement would be $175,100 ($170,000 increased by 3%). For the third year of this Agreement (July 1, 2023 through June 30, 2024) there shall be a new analysis to compare the cost share wherein the total Marysville Fire Department budget shall be divided by the calls for service with the District paying its percentage share based upon its percentage of the total calls for service.
Thereafter, for each even year of this Agreement (the fourth, sixth, eighth and tenth years) the District shall pay the amount established for the prior year increased by the Bay Area Consumer Price Index increase capped at 3%. During the odd numbered years of this Agreement (the fifth, seventh and ninth years) there shall be a new analysis wherein the total Marysville Fire Department budget shall be divided by calls for service and the District for such year shall pay its percentage as established by the cost analysis. Each year of the agreed upon contract, contributions in the amount of $40,000 will continue to be added to the equipment replacement account. Payments to the City shall be made in four equal quarterly installments to be made on July Ist, October 1st, January 1st and April 1st of each "year" as defined above. Payments which are more than thirty (30) days delinquent shall bear a finance charge of 18% per annum until paid.
Commencing with the third anniversary of this Agreement and each year thereafter, in the event the City believes the compensation is out of line with its actual costs to provide services, the District agrees to meet with the City in good faith to consider an amendment to this Section 3.
SECTION 4
TERM OF AGREEMENT
This Agreement shall commence effective July 1, 2021 and shall be renewed automatically for ten (10) successive fiscal years, July 1 through June 30 of the following year unless one party gives notice to the other, on or before January of any year, of its intention to terminate this Agreement, as of June 30th of such year.
SECTION 5
ADDITIONAL SERVICES
If the District should desire additional services to be provided by the City, the City agrees upon notice from the District to meet in good faith and discuss an amendment to this Agreement which shall include the nature of such services and the scope of such services to be provided and the compensation, therefore. The City and the District shall cooperate and use all reasonable efforts to draft, approve and implement any addendum for additional services.
In the event new revenue sources develop or there is an increase due to tax revenues of significance (for example, possible Measure K funds) or in the event the Fire Chief is able to bring projects for additional consideration, the District agrees to meet and in good faith consider programs, projects and other activities consisting with such funding sources or proposals. 2 SECTION 6
EXCLUDED SERVICES
The City shall provide only those services specified in this Agreement. Without limiting the foregoing, the City will respond to hazardous materials incidents and initiate recovery of fees through the County of Yuba, Office of Emergency Services, the applicable Certified, Unified Program Agency or other applicable State and/or Federal sources. Aside from the foregoing, the City shall have no obligation to provide any services to the District arising from incidents involving hazardous materials or weak abatement.
SECTION 7
RIGHT TO RECOUP COSTS
The City shall have the right to bill and pursue collection or reimbursement from reasonable third parties of all costs incurred by the City hereunder including, without limitation, from (i persons who are not residents of the District to whom emergency medical services are provided, (ii) persons convicted of driving while under the influence of alcohol or drugs, (iii) costs associated with the violation of local, State, or Federal laws and regulations, or (iv) costs associated with hazardous materials incidents. Any amounts recouped by the City hereunder shall be the sole property of the City.
The City is not required to provide general Code Compliance services outside of Fire Code enforcement pursuant to this Agreement. Should the City elect to provide Code Compliance services, the District agrees that all fees, penalties, fines and other monies collected as a result of Code Compliance activities shall be paid to the City in addition to any compensation pursuant to Section 3 or Section 5 of this Agreement.
SECTION 8
AGREEMENT TO COOPERATE WHEN FUNDING OPPORTUNITIES ARISE From time to time the City may have the ability to pursue grant or other funding opportunities which might enhance or improve services provided to the District. The District agrees in good faith to consider and reasonably fund such opportunities as they arise in the future. For example, the City may pursue grants for acquisitions of apparatus and equipment or may have an opportunity to partially fund additional personnel. Any apparatus or equipment purchased shall remain property of the City.
SECTION 9
NOTICES
Whenever in this Agreement it shall be required or permitted that notice and demand be given or served by either party to the other, this notice or demand shall be given or served and shall be deemed to have been given or served when made in writing and forwarded by certified mail, addressed as follows:
To City: To District:
City of Marysville District 10/Hallwood Community Services District 526 C Street 2781 Walnut Avenue
Marysville, CA 95901 Marysville, CA 95901
Attn: Jim Schaad, City Manager Attn: Jeremy Damon, President Either party may change this address by written notice by certified mail to the other. 3 SECTION 10
MISCELLANEOUS PROVISIONS
1. No Waiver of Immunity. Nothing in this Agreement shall be deemed (I) a waiver of any immunity granted to the City or the District under Federal, State, or Local Law, or (Il) to extend to the City or the District any duty not otherwise imposed by law.
2. Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter, and no representations have been made or relied upon except as set forth herein. This Agreement may be amended or modified only by written, fully executed agreement of the parties.
3. Authority. Each and every party executing this Agreement on behalf of their respective party represents and warrants they are authorized to execute and deliver this Agreement and behalf of their respective party.
4. Severability. In case any one or more provision of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the other provisions shall not be affected, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained herein.
5. No Third-Party Rights. Nothing in this Agreement creates rights in any third parties.
6. Counterparts. This Agreement may be executed in counterparts.
IN WITNESS WHEREOF the parties have executed this Agreement on the date set forth below.
Date: 1/18/2022
District 10/Hallwood Community Services District
By:
Jeremy Damon, President
City of Marysville
By: //
Jim Schaad, City Manager
Attest:
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