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HomeMy WebLinkAboutCity of Fountain Valley - 2003-05-19CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ DATE: U -r TO: AtLe(l ATTENTION: Na DEPARTMENT: Cz y� L-� L Stre rA-IL) ZZ,7� 64 9,� Wd'' REGARDING: J[v �� �7b7—is City, state, zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remar 555/ ity Clerk Attachments: Action Agenda Page Agreement RCA Bonds Deed CC: OL.S �i �2c Name Department RCA Name RCA Department Name RCA Department Name RCA Department Insurance' Other Agreement Insurance Other Aireemeot Insurance Other Agreement Insurance Other Agreement Insurance Other g IfallowupAcneWcoverlmdoc (Telephone: 714-536-5227 ) l �. 40 CITY OF HUNTINGTON E&C . I � MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: FD 04-016 Council/Agency Meeting Held: — Deferred/Continued to: pproved 0 Conditionally Approved L1 Denied City erk' Signat Council Meeting Date: June 7, 2004 Department V Number: FD 04-016 CITY OF HUNTINGTON BEACH A ' REQUEST FOR COUNCIL ACTIONNJ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEINVERS, SUBMITTED BY: WILLIAM WORKMAN, Acting City Administrat PREPARED BY: w DUANE S. OLSON, Fire Chef SUBJECT: APPROVE RENEWAL OF AGREEMENT WITH THE CITY OF FOUNTAIN VALLEY FOR EMERGENCY PREPAREDNESS AND DISASTER PLANNING SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Fire Department would like to renew the attached agreement (Attachment 1), which provides the city of Fountain Valley with ten hours per week of emergency preparedness and disaster planning services. For these services, the city of Fountain Valley has agreed to pay the city of Huntington Beach approximately $24,800 annually. Funding Source: None Required. Recommended Action: MOTION TO: Approve the professional services contract with the city of Fountain Valley for the services of the Huntington Beach Fire Department Emergency Services Coordinator and authorize the Mayor and City Clerk to execute it. Alternative Action(s): Do not approve the renewal of the agreement. S:1PMT12004 RCATD04 016 Agreement City of FV for Emer Sery Coord.doc 5/24/2004 3:42 PM REQUEST FOR COUNCIL RTION MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: FD 04-016 Analysis: The city of Huntington Beach maintains a close working relationship with the city of Fountain Valley for fire and emergency medical services, disaster planning, and emergency preparedness. Both cities also participate as members of the Central Net Joint Powers Authority for training in these and other related areas. This cooperative relationship has resulted in many benefits for both agencies, including more effective emergency responses, sharing of resources, cost savings, and a familiarization with the emergency response needs of both communities. In May 2003, the city of Huntington Beach entered into an agreement with the city of Fountain Valley for emergency preparedness and disaster planning services. This agreement allowed the City's Emergency Services Coordinator to provide these services to the city of Fountain Valley for ten hours per week. The services included: • Updating the Emergency Operations Plan to comply with federal and state requirements. • Providing City employees with disaster planning and response training. • Training the City's management team on setting up and operating the Emergency Operations Center and conducting related exercises. • Assisting with obtaining reimbursements for disasters. • Providing assistance with emergency management and terrorism grant opportunities. • Completing other related emergency management projects. Over the past year, the Emergency Services Office of both cities combined resources for mutual benefits and cost savings. The benefits to both agencies included: Applying for and receiving a joint hazard mitigation grant award from the Federal Emergency Management Agency. Completing emergency operations plans for both cities and receiving approval from their respective City Councils and the State Office of Emergency Services. Completing all requirements and receiving the annual Emergency Management Program Grant. To continue these services, the city of Fountain Valley has agreed to pay approximately $24,800 to the city of Huntington Beach annually. This includes payment for 25% of the position's salary and benefits, and mileage reimbursement. Renewal of the attached agreement will continue to provide a mutual benefit to both agencies and is recommended at this time. Environmental Status: None. S:1PMT12004 RCAkFD04 016 Agreement City of FV for Emer 5ery Coord.doc 5124/2004 3:43 PM O7 REQUEST FOR COUNCIL ATION MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: FD 04-016 Attachment(s): RCA Author: Olson/Morrison/Justen &TIVIT12004 RCAT004 016 Agreement City of FV for Emer Seri Coord.doc 5/24/2004 3.43 PM ILI 0 ATTACHMENT #1 AMENDMENT NO. 1 BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR EMERGENCY SERVICES COORDINATOR THIS AMENDMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY") and the City of Fountain Valley hereinafter referred to as "FOUNTAIN VALLEY." WHEREAS, CITY and FOUNTAIN VALLEY are parties to that certain Agreement, dated May 19, 2003, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR THE SERVICES OF THE HUT TINGTON BEACH FIRE DEPARTMENT EMERGENCY SERVICES COORDINATOR" (hereinafter "the Original Agreement"); and The parties desire to amend the Original Agreement as it relates to term and compensation, NOW, THEREFORE, the parties do hereby agree as follows: 1. AMENDMENT OF SECTION 4 OF THE ORIGINAL AGREEMENT ENTITLED "TERM: TIME OF PERFORMANCE." SECTION 4. of the Original Agreement entitled Term: Time of Performance, is hereby amended to read as follows: SECTION 4. TERM: TIME OF PERFORMANCE The services of COORDINATOR are to commence as soon as practicable after the execution of this Amended Agreement by CITY and FOUNTAIN VALLEY (the "Commencement Date"). This Amended Agreement shall expire one year from the Commencement Date unless sooner terminated as provided herein. All tasks described in the Original Agreement shall be completed no later than one year from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY and FOUNTAIN VALLEY. 04asree&V coordinator amend.4:2KO4 2. AMENDMENT OF SECTION 5 OF THE ORIGINAL AGREEMENT ENTITLED "COMPENSATION SECTION 5 of the Original Agreement entitled Compensation, is hereby amended to read as follows: SECTION 5. COMPENSATION In consideration of the performance of the services described in the Original Agreement, FOUNTAIN VALLEY agrees to pay CITY on a time and materials basis including all costs and expenses, a sum not to exceed Twenty Four Thousand Eight Hundred and Six Dollars ($24,806.00). 2. REAFFIRMATION Except as specifically modified herein, all other provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers on .2004. CITY OF FOI;NTAINLVALLEY 1i'M CITY OF HUNTINGTON BEACH, a municipal corporation of the State of 'fornia Fire Chief (pursuant to HBMC ti3.03.100) City Admi (only for contracts 5 04agree/FV caurdinawr amend.!4/28%04 2 Fire/Building Safety • Page 4 "EXHIBIT A" Responsibilities and Duties: • Manage and monitor the editing and updating of the City's Emergency Operations Plan to comply with Federal Emergency Management Agency (FEMA), Office of Emergency Services (OES), and Systematic Emergency Management System (SEMS) requirements. Ensure the City is trained in the use of SEMS for all disaster planning and response. • Explore the use of Community Emergency Response Team (CERT) volunteers in the City, and available grant funding for their operation. • Ensure that the City uses the Records Incident Management System (RIMS) to report to the Operational Area (OA) and State OES. • Train the City's Management Team on how to set up and operate the Emergency Operations Center (EOC). • Develop and write Hazard Mitigation Plan according to FEMA guidelines. • Develop and conduct tabletop exercises. • Manage Disaster Preparedness Public Education. • Advise City Staff when eligible for FEMA reimbursement following disasters. • Respond to declared disasters and mutual aid requests, as needed. • Complete special emergency management related projects as assigned. • Conduct SEMS Training for City's Management Team. • Research emergency management and terrorism grant opportunities for personnel, equipment and supplies. • Prepare EOC Activation Plan utilized to activate the EOC. Explore the use of CERT and/or RACES to set up the EOC. • Provide joint representation for Fountain Valley and Huntington Beach at OCEMO. • Manage standardized training and Public Education programs for area schools. • Provide grant notification and emergency service legislation analysis. • Coordinate with Emergency Services Assistant on EOC maintenance and performance of monthly checks. • Report to the City's Fire Marshal RCA ROUTING*SHEET INITIATING DEPARTMENT: I Fire Department SUBJECT: RENEWAL OF AGREEMENT WITH THE CITY OF FOUNTAIN VALLEY FOR EMERGENCY PREPAREDNESS AND DISASTER PLANNING SERVICES I COUNCIL MEETING DATE: I June.7, 2004 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if a licable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) __(Signed in full by the CifZ Attorney) Attached Subleases, Third Party Agreements, etc. _(Approved as to form bZ City Attome Not Applicable Certificates of Insurance (Approved by the qt Attorne Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Aperoval and/or Denial Not A licable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: Olson/Morrison/Justen CITY OF HUNTINGTON BEACH MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: FD 03-004 Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditioner Approved ❑ Denied City Clerk's Sign re Council Meeting Date: May 19, 2003 Department ID Number: FD 03-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C y SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator GznJ _, PREPARED BY: DUANE S. OLSON, Acting Fire Chie 1 Cr- - - SUBJECT: APPROVE AGREEMENT WITH THE CITY OF FOUNTAI-VA�J-EY FOR EMERGENCY PREPAREDNESS AND DISASTER PLANNING SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments} Statement of Issue: Should the City enter into the attached agreement (Attachment 1) with the City of Fountain Valley to provide emergency preparedness and disaster planning services ten (10) hours per week? For these services the City of Fountain Valley has agreed to pay an annual amount of approximately $23,300. Funding Source: Funding for the proposed services is included in the Weapons of Mass Destruction business unit (89465301.69505). Recommended Action: MOTION TO: 1. Approve the professional services contract with the City of Fountain Valley for the services of the Huntington Beach Fire Department Emergency Services Coordinator and authorize the Mayor and City Clerk to execute. Alternative Action(s): Do not approve the agreement with the City of Fountain Valley for emergency preparedness and disaster planning services. S:1PMT12003 RCATD 03 004 Agreement City of FV for Emer Sery Coord.doc -2- 517/2003 3:08 PM I R•UEST FOR COUNCIL ACTIOIP MEETING DATE: May 19, 2003 DEPARTMENT ID NUMBER: FD 03-004 Analysis: The City of Huntington Beach maintains a close working relationship with the City of Fountain Valley for fire and emergency medical service emergency responses, disaster planning, and emergency preparedness. Both cities also participate as members of the Central Net Operations Joint Powers Authority for training in these and other related areas. This cooperative relationship has resulted in many benefits for both agencies, including more effective emergency responses, sharing of resources, cost savings, and a familiarization with the emergency response needs of both communities. At this time, the City of Fountain Valley has requested to enter into an agreement with the City of Huntington Beach for emergency preparedness and disaster planning services. This agreement would allow the City's Emergency Services Coordinator to provide these services to the City of Fountain Valley ten (10) hours per week. Some of the services include: • Updating the Emergency Operations Plan to comply with federal and state requirements. • Providing City employees with disaster planning and response training. • -Training the City's management team on setting up and operating the Emergency Operations Center and conducting related exercises. • Assisting with obtaining reimbursements for disasters. • Providing assistance with emergency management and terrorism grant opportunities. • Completing other related emergency management projects. For these services the City of Fountain Valley has agreed to pay an annual amount of approximately $23,300. This includes payment for 25% of the position's salary and benefits, and mileage reimbursement. This annual amount will be combined with Metropolitan Medical Response System (MMRS) grant money to provide a part-time clerical position to provide support for Emergency Operations Center (EOC) programs for Huntington Beach. Clerical support for the EOC was eliminated as part of FY 2001/02 budget reductions. This change required the Emergency Services Coordinator to perform many clerical duties. The new position will provide clerical support and assistance for the EOC. This will allow the Emergency Services Coordinator to perform higher -level emergency management duties and more effectively utilize her time. The attached agreement would be reviewed annually by City Council to determine effective resource allocation, costs, and productivity of programs. Its approval will provide a mutual benefit to both agencies. Environmental Status: None. Attachment(s): RCA Author: Justen101son S:1PMT12003 RCAIFD 03 004 Agreement City of FV for Emer Sm Coord.doc 4/28/2003 4:11 PM 4 .2.. ATTACHMENT #1 N PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR THE SERVICES OF THE HUNTINGTON BEACH FIRE DEPARTMENT EMERGENCY SERVICES COORDINATOR .0 THIS AGREEMENT ("Agreement") is made and entered into this day of 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the City of Fountain Valley hereinafter referred to as "FOUNTAIN VALLEY." WHEREAS, FOUNTAIN VALLEY desires to engage the services of the Huntington Beach Fire Department Emergency Services Coordinator (hereinafter "COORDINATOR") for 10 hours per week; and NOW, THEREFORE, it is agreed by CITY and FOUNTAIN VALLEY as follows: 1. SCOPE OF SERVICES COORDINATOR shall provide all services as described in Exhibit "A," which is attached hereto and` incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." FOUNTAIN VALLEY hereby designates Steve Nagel, Battalion Chief/Fire Marshal who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. DUTIES OF FOUNTAIN VALLEY. FOUNTAIN VALLEY shall (1) provide the workplace for all employees subject to this Agreement; (2) maintain the workplace in strict accordance with applicable health and working standards and specifications; (3) comply with all safety engineering and governmental health and safety rules, regulations, directives, orders or similar requirements; (4) provide all required safety equipment; (5) for employees located in 03a.-reelenis coord/4128103 I California, take all actions necessary to establish and implement an injury and illness prevention program as required by the Occupational Injury Program Act, (6) post or provide employee notices required by law; and (7) notify CITY immediately of all of CONTRACTOR'S illnesses, accidents, injuries, and absences. 3. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with FOUNTAIN VALLEY in the performance of this Agreement, if necessary. 4. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of COORDINATOR are to commence as soon as practicable after the execution of this Agreement by CITY and FOUNTAIN VALLEY (the "Commencement Date"). This Agreement shall expire one year from the Commencement Date unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY and FOUNTAIN VALLEY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and FOUNTAIN VALLEY. 5. COMPENSATION In consideration of the performance of the services described herein, FOUNTAIN VALLEY agrees to pay CITY on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed Twenty Three Thousand Three Hundred and Five Dollars ($23,305.00). 03agree/ems coord/4/28/03 2 6. LATE CHARGE AND PENALTY If the payment required by this Agreement is not received by the City Treasurer within thirty (30) calendar days after the end of the month for which the payment is paid, or the next business day if the thirtieth day falls on a weekend or holiday, FOUNTAIN VALLEY shall pay the following late charge and penalty: one and a half percent (1 %2%) penalty per month shall be added for each month such payment hereunder is due but unpaid. 7. EXTRA WORK In the event FOUNTAIN VALLEY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," COORDINATOR will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of FOUNTAIN VALLEY is obtained. 8. METHOD OF PAYMENT CITY shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 9. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CITY agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to FOUNTAIN VALLEY, and CITY shall turn these materials over to FOUNTAIN VALLEY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by FOUNTAIN VALLEY as it sees fit. 03agree/ems coord14.r28iO3 3 0- 0 10. HOLD HARMLESS FOUNTAIN VALLEY hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CITY, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. FOUNTAIN VALLEY will conduct all defense at its sole cost and expense and CITY shall approve selection of counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by FOUNTAIN VALLEY. CITY hereby agrees to protect, defend, indemnify and hold harmless FOUNTAIN VALLEY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by FOUNTAIN VALLEY, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of FOUNTAIN VALLEY. CITY will conduct all defense at its sole cost and expense and FOUNTAIN VALLEY shall approve selection of counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 03agree/ems coord/4/28103 4 I applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CITY. 11. INSURANCE Unless FOUNTAIN VALLEY is self insured, in addition to FOUNTAIN VALLEY's covenant to defend, hold harmless and indemnify CITY, FOUNTAIN VALLEY shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CITY, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000;000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that FOUNTAIN VALLEY's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, FOUNTAIN VALLEY shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 03agreelems coord/4/28/03 5 A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C, shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days` prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. FOUNTAIN VALLEY shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from FOUNTAIN VALLEY's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. FOUNTAIN VALLEY shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 13. INDEPENDENT CONTRACTOR CITY is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of FOUNTAIN VALLEY. CITY shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for COORDINATOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. CITY shall be solely responsible for directing the actions of COORDINATOR. 03agreelems coord/4128/03 6 0 • 14. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. Either party may terminate this Agreement at any time with or without cause, with thirty (34) days notice whether or not the PROJECT is fully complete. Any termination of this Agreement shall be made in writing, notice of which shall be delivered as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of FOUNTAIN VALLEY, become its property and shall be promptly delivered to it by CITY. 15. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CITY to any other person or entity without the prior express written consent of FOUNTAIN VALLEY. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to FOUNTAIN VALLEY's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and FOUNTAIN VALLEY may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: 03agreeiems coord!4128103 % . • TO CITY: City of Huntington Beach ATTN: Fire Chief 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO FOUNTAIN VALLEY: Fire Chief Mark Haskell Steve Nagel, Battalion Chief/Fire Marshal City of Fountain Valley Fire Department 10200 Slater Avenue Fountain Valley, CA 92708 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 03agrce/ems coord/4/28/03 8 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED FOUNTAIN VALLEY and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. FOUNTAIN VALLEY understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by FOUNTAIN VALLEY. 03agreclems coord/4/28103 9 23. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 24. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 03agree/ems coord/4/28/03 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF FOUNTAIN VALLEY, Jo Collin ayor VP Susan Ly n, Cit -Clerk APPROVED AS TO FORM: 7 -o ff City Attorney Alan Burns, City Attorney CITY OF HL`NTINGTON BEACH, a municipal corporation of the State of California Fire Chief (Pursuant To HB:44C §3. 03.100) t4acl LI& Mark Haskell, Fire Chie -- REVIEWED AND APPROVED: City Administrator ( ,flyfor ciontrac 50, 000. 0 andover) Mayor ATTEST: City Clerk 03agree/ems coord/4C18/03 0 "EXHIBIT B" 2003-04 Contract Emergency Services Coordinator $23,305 The proposed contract breaks down total compensation as: 25% of current salary and benefit package with the City of Huntington Beach (520 hours @ $36.141hr + 23% for benefits) ............... 23,115 Mileage ($.0361mile w/one 10 mile tripper week) ............. 190 Total* $23,305 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 29,�2003 Susan Lynn, City Clerk City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708-4736 CALIFORNIA 92648 Enclosed is a certified copy of the Professional Services Contract Between the City. of Huntington Beach and the City of Fountain Valley for the Services f the Huntington Beach fire Department Emergency Services Coordinator. This agreement was approved by the City Council on May 19, 2003. This agreement should have been prepared and executed in a form - which would provide an original for each city. As it was not I hope you will accept the certified copy of said agreement which I have enclosed. Please call if you have any questions — 536-5404. Sincerely,. Connie Brockway CMC City Clerk (Tolophone: 714-536.5227 )