(323) 881-2401
August 14, 2000
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
1. Adopt the Resolution Ordering Territory Designated as “Annexation 1-2000, Inglewood Parcel 1-2000,” City of Inglewood be annexed to the Consolidated Fire Protection District of Los Angeles County.
2. Approve and instruct the Chair to sign the attached Agreement for Services By and Between the Consolidated Fire Protection District of Los Angeles County and the City of Inglewood.
The City Council of Inglewood approved the Agreement for Services by and between the City of
Inglewood (City) and the Consolidated Fire Protection District of Los Angeles County (District)
on April 4, 2000. On July 12, 2000, the Local Agency Formation Commission
The Honorable Board of Supervisors
August 14, 2000
Page 2
conducted a public hearing on the District’s application for annexation of the City to the District and adopted a resolution approving this proposal. As the conducting authority for this annexation, a public hearing must be held by your Board. If the annexation is approved by your Board, then approval of the Agreement for Services is necessary to define the terms and conditions under which services will be provided.
The public hearing is required by Government Code Section 56000 et seq. prior to completion of the annexation. The Agreement for Services is authorized by Government Code Section 56848.3 and is necessary to define the terms and conditions under which services will be provided by the District to the City.
The District’s annualized fiscal impact for Fiscal Year 2000-01 is $1,171,581 which will be prorated for the period of the year in which the City is annexed to the District. This cost is for the District’s share of one paramedic position on two of the paramedic squads to be assigned within the City and one-half of a paramedic position on a third paramedic squad assigned to the City. In addition, the District is redeploying the staffing on District Engine 214, currently assigned to the neighboring Athens/Westmont area, to an assessment light force (a ladder truck and engine company which respond as one integrated unit and staffed with a paramedic) to be assigned within the City. The District will realize significant enhancements in its existing jurisdiction adjacent to the City including increased EMS response capabilities and ladder truck service. No other fiscal impact to the District will result as services provided by the District will be funded by a direct charge to the City.
The City’s estimated annualized Fiscal Year 2000-01 fee is $8,478,544. With estimated LACERA excess earnings accruing to the City, the net annual fee is estimated to be $8,203,301. This amount will also be prorated for the portion of the year the City is annexed to the District.
Funding for the District’s assumption of a share of the services shall be funded from its current operating budget.
The Honorable Board of Supervisors
August 14, 2000
Page 3
The highlights of the Agreement for Services are as follows:
Ø A commencement date of service to coincide with the date of annexation of the City to the District.
Ø Initial agreement term shall be ten (10) years.
Ø A maximum annual fee increase which permits a carryover from year to year of the fee increase that exceeds the maximum increase (initially, the cap is set at 6.5% per year). All deferred amounts shall eventually be paid to the District as set forth in the formula.
Ø Service to be provided from all four City stations by three engine companies, an assessment light force (a two piece company consisting of a ladder truck and pumper operating as one integrated unit and staffed with a paramedic position), three paramedic squads, two Fire Prevention Inspectors and one Schools and Institutions Inspector, as well as numerous surrounding District resources.
Ø Twenty-one suppression/emergency medical staff on duty daily in the City.
Ø Transfer of all City firefighting personnel and selected City civilian personnel, if medically qualified, into District service in accordance with the current provisions of State law, County Charter, County Codes, and blanketing-in policies.
Ø Transfer of all City apparatus, equipment, and inventory as needed to provide service to the City with a reversionary clause should the City ever withdraw from the District.
Ø Cost sharing with the City: one paramedic post position on two of the paramedic squads to be assigned within the City and one-half of a paramedic post position on the third paramedic squad assigned to the City. The District will realize increased EMS capabilities in its existing jurisdiction adjacent to the City with the negotiated service delivery configuration.
The Honorable Board of Supervisors
August 14, 2000
Page 4
Ø Redeployment of the staffing on District Engine 214, which is currently assigned to the neighboring Athens area, to the light force to be assigned within the City.
After approval of the Agreement for Services by your Honorable Board, the District Fire Chief and the City Administrative Officer shall determine the date of annexation recordation which shall also be the commencement date of service to the City.
County Counsel has approved as to form both the Agreement for Services and the Resolution Ordering Territory Designated as “Annexation 1-2000, Inglewood Parcel 1-2000” City of Inglewood be annexed to the District (Resolution).
As well as being beneficial to the City in terms of service enhancements and cost savings, the annexation of the City to the District will also enhance service to the District’s current jurisdiction, which is why the District negotiated a cost-sharing arrangement with the City.
This project is categorically exempt from the California Environmental Quality Act, Section 15320, Class 20 of the California Administrative Code. A Notice of Exemption is attached.
After approval of the annexation and the Agreement for Services, please instruct the Chair to sign the Agreement for Services and instruct the Executive Officer-Clerk of the Board to sign the Agreement for Services and the Resolution and to transmit:
The Honorable Board of Supervisors
August 14, 2000
Page 5
· To the Local Agency Formation Commission - seven (7) executed original certified copies of the Resolution and one (1) certified copy of the minute order.
· To the District - Two (2) executed originals and two (2) executed copies of the Agreement for Services, three (3) executed copies of the Resolution, and three (3) copies of the minute order.
LAFCO will thereafter make the necessary filing required by the provision of Government Code Section 57200 et seq., and the District will provide the City with an originally executed Agreement for Service.
Respectfully submitted,
P. MICHAEL FREEMAN
PMF:fd
Attachments
c: Chief Administrative Officer
County Counsel
Executive Officer, Board of Supervisors
Auditor-Controller
F:ING:BDLTR.WPD
A. The Fire Chief shall maintain statistics and data on response times to calls for service within the Athens community, and compare the response times with the District average as well as the response times of similar areas in the District;
B. The Fire Chief shall report these comparisons on a quarterly basis to the Board
of Supervisors and;
C. The Fire Chief shall further recommend to the Board of Supervisors staffing and equipment reallocation, should response times in the Athens area fall below District average and the average for response times in similar areas in the District.
D. Annexation to be conditioned upon the terms and conditions of the Agreement for Services By and Between the Consolidated Fire Protection District of Los Angeles County and the City of Inglewood (Agreement for Services).
Approved and adopted by the Board of Directors of the Consolidated Fire Protection District of Los Angeles County this day of , ______, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED AS TO FORM:
VIOLET VARONA-LUKENS, CLERK OF LLOYD W. PELLMAN
THE BOARD OF DIRECTORS OF THE COUNTY COUNSEL
CONSOLIDATED FIRE PROTECTION
DISTRICT OF LOS ANGELES COUNTY
BY BY
DEPUTY DEPUTY
THIS AGREEMENT is made and entered into this day of , ____, by and between the CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as the "DISTRICT," and the CITY OF INGLEWOOD, hereinafter referred to as the "CITY."
WHEREAS, CITY has decided to annex to DISTRICT for fire protection, hazardous materials, emergency medical, and all related services as authorized by Government Code Section 55632 and pursuant to the provisions of Section 56848.3 of the Government Code of the State of California; and
WHEREAS, it is the desire of the parties hereto to address, by this Agreement, all matters which are related to such an annexation.
(A) The effective date of this Agreement shall be the date approved by the Board of Supervisors of the County of Los Angeles as the governing body of the DISTRICT which is _________________________, and this Agreement shall continue in effect until such time as the Agreement is terminated or otherwise renegotiated.
(B) The provision of service shall commence on the date stated in Schedule 1 established by the DISTRICT FIRE CHIEF hereinafter referred to as "commencement date of service".
(C) The date of annexation of CITY to DISTRICT shall be the date of recordation of annexation documents which shall be on or near the commencement date of service.
(D) CITY shall remain a part of the DISTRICT for ten (10) years from the commencement date of service. Subsequent to this initial ten-year term, this Agreement shall be automatically renewed from year to year. CITY may withdraw from DISTRICT any time after the conclusion of this initial ten-year Agreement term subject to the requirements in Sections I and III, herein.
(E) DISTRICT or CITY shall give at least one year's written notice to the other for termination of this Agreement and CITY’s detachment from the DISTRICT anytime after the conclusion of the initial ten-year term, in accordance with this Section I. Notice shall be sent to the addresses listed in Section III (I), herein, or as subsequently changed by either party in writing.
(F) Should either party give written notice of its intent to terminate this Agreement, that party shall initiate detachment proceedings through the Local Agency Formation Commission (LAFCO). The party who terminates this Agreement, including any subsequent amendments, shall bear the cost of all fees associated with detachment of the CITY from the DISTRICT. Such fees shall be defined as LAFCO fees, the State Board of Equalization fees, and any similar fees of this nature but shall not include any Board of Supervisors' or any CITY administrative fees or attorneys' fees.
(G) A review of the Agreement terms may be initiated at any time by either party, upon written notice to the other, and modifications made to this Agreement upon written consent of both parties, which consent shall not be unreasonably withheld or delayed. The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and to any proposed modifications to this Agreement.
(A) Services to be provided by DISTRICT to CITY include fire protection, hazardous materials services, emergency medical services which include paramedic services, fire code and related code enforcement, fire cause and arson investigation, plus all DISTRICT support services including, but not limited to, supervision, dispatching, training, equipment maintenance, supplies, and procurement, collectively referred to as "services."
(B) The power and authority relating to the provision of services, the standards of performance, the discipline of personnel, and other matters related to the performance of such services and control of personnel so employed by DISTRICT shall remain within the sole discretion of the DISTRICT. At the sole discretion of the DISTRICT FIRE CHIEF and as necessitated by service needs, the resources listed on Schedule 2 herein may be reassigned within the CITY. Such reassignment of resources shall have no effect on the CITY's Annual Fee for services.
(C) All engine companies assigned to any of the CITY fire stations as listed on Schedule 3 attached hereto shall carry automatic defibrillators and their personnel shall be certified Emergency Medical Technician-Defibrillator.
(D) All code enforcement, plan check approval, and other fire prevention activities shall be in accordance with the County of Los Angeles Fire Code and DISTRICT ordinances, regulations, standards, policies, and procedures, except as may be amended pursuant to
Section X herein.
(E) During the term of this Agreement, emergency medical transportation in CITY’s
corporate territory will be provided either by DISTRICT or by other public or private transport operators that have separately contracted with DISTRICT or the County of Los Angeles (“COUNTY”) to render such service.
On the effective date of this Agreement, that contract between CITY and COUNTY for the provision by CITY of emergency ambulance transportation services in CITY’s corporate territory, adopted by the COUNTY Board of Supervisors on June 18, 1991, (County Contract No. 64950), shall terminate. Following the expiration or earlier termination of this Agreement, and after the receipt by COUNTY or DISTRICT of written notice from CITY either prior to such expiration or termination date or within thirty (30) calendar days thereafter that CITY wishes itself to resume the provision of emergency ambulance services to its residents, the governing body for DISTRICT and COUNTY (i.e., COUNTY’s Board of Supervisors) hereby promises to offer an emergency ambulance transportation services agreement to CITY substantially similar to the June 18, 1991 emergency ambulance transportation services contract between the parties.
This commitment is consistent with DISTRICT’s and COUNTY’s intent that the provision of emergency ambulance transportation services by either or both of them in the CITY’s corporate area during the term of this Agreement shall be viewed neither as an abandonment by the CITY of a right to administer emergency ambulance transportation service under Health and Safety Code Section 1797.201 nor as an interruption in CITY’s delivery of emergency ambulance transportation services in its community, so as to require the execution of an “integration of services” agreement called for by that statute.
(F) DISTRICT will participate in and support community emergency preparedness, education, training, and exercises. CITY shall retain responsibility for CITY's internal emergency management and related programs.
(G) Without cost to DISTRICT, CITY shall, within the legal boundaries of the CITY, retain responsibility for providing a water system including fire hydrants capable of supplying adequate water fire flow to DISTRICT. CITY shall cooperate with and assist DISTRICT in requiring that the CITY Water Department or other local water purveyors provide adequate water and hydrants for fire protection purposes within CITY without cost to DISTRICT.
(H) DISTRICT shall annually inspect all fire hydrants within CITY to ensure that fire hydrants are mechanically operable and capable of delivering water. DISTRICT shall notify CITY Water Department or other local water purveyors, in writing, of any maintenance requirements as soon as possible after such inspections and at any other time DISTRICT becomes aware of maintenance or repair requirements. DISTRICT shall not be liable to pay CITY Water Department or any other water purveyors for hydrant installation, repair, maintenance, or rental fees or any other related costs or expenses.
(I) The transference of 9-1-1 calls to the DISTRICT by the CITY's Public Safety Answering Point (PSAP) shall be performed without cost to the DISTRICT. CITY shall be responsible for all costs associated with connecting ring down circuits from its PSAP to the DISTRICT’s circuit.
(J) At the request of the CITY the DISTRICT shall provide to the CITY statistical response information reports. The criteria utilized in the preparation of such reports shall be determined by the CITY ADMINISTRATIVE OFFICER and the DISTRICT's jurisdictional Assistant Fire Chief.
(K) Nothing in this Agreement precludes the future expansion, closure, consolidation, or relocation of the fire stations referenced herein if such action is mutually beneficial to and agreed upon by both CITY and DISTRICT.
(L) Any agreed-upon adjustments in staffing pursuant to Section XI(B) herein may cause adjustments in the determination of the Annual Fee, as specified in Schedule 2 attached hereto.
(A) As provided for in the State of California Government Code, Section 56848.3, CITY shall pay an Annual Fee for DISTRICT services, hereinafter referred to as "Annual Fee". DISTRICT shall be paid monthly, in advance, from funds of CITY for the performance of the services referred to in Section II, hereof. The Annual Fee shall be determined by the method specified in Schedule 2, attached hereto and made a part hereof. CITY shall pay DISTRICT one-twelfth (1/12) of the estimated or actual Annual Fee monthly, in advance, on or before the first day of each month. The one-year period for payment of the Annual Fee is defined as July 1 through June 30, herein referred to as "fiscal year."
(B) Ninety (90) days prior to the commencement of each fiscal year, DISTRICT shall submit a proposed estimate of the Annual Fee (estimated Annual Fee) for providing services within the CITY for the ensuing fiscal year. This estimated Annual Fee shall include costs of DISTRICT salary and employee benefits and overhead. Salary and employee benefits and overhead costs included in the CITY's estimated or actual Annual Fee, shall be consistent with DISTRICT's actual cost.
(C) As soon as actual cost information is available, DISTRICT shall provide CITY a statement of the actual Annual Fee (actual Annual Fee) for providing services during the current fiscal year. If the actual Annual Fee is less than the estimated Annual Fee, the DISTRICT shall credit CITY for the difference, which amount shall be deducted from the first monthly invoice and, if applicable, the following monthly invoices subsequent to the statement of the actual Annual Fee. If the actual Annual Fee is greater than the estimated Annual Fee, the additional amount due DISTRICT will be paid by CITY during the subsequent fiscal year as follows. One-twelfth (1/12) of such additional Annual Fee amount due DISTRICT shall be added and paid in each of CITY's subsequent twelve (12) monthly payments.
(D) A limitation shall be placed on increases in the amount of actual Annual Fee to be paid by CITY each year, hereinafter referred to as "Annual Fee Limitation." For purposes of calculation of the Annual Fee Limitation, the Annual Fee shall not include any conversion costs, apparatus payments, credits or rebates of any kind. This Annual Fee Limitation shall be subject to annual change after the initial five-year period of this Agreement. During the initial five-year period, the Annual Fee Limitation shall not exceed 6.5% per fiscal year. During the sixth year of annexation, the Annual Fee Limitation shall be the average of the immediately preceding four years’ percentage increases in the actual Annual Fee plus one percent (1%). During the seventh year of annexation and each subsequent fiscal year, the Annual Fee limitation shall be the average of the immediately preceding five years’ percentage increases in the actual Annual Fee plus one percent (1%).
Any increases in costs necessitated or mandated by state or federal legislative or judicial decisions or actions, other than penalties or damages due to negligence of DISTRICT, shall not be subject to the Annual Fee Limitation and shall be due in any fiscal year in which they occur.
(E) In any year where the CITY's actual Annual Fee, as determined in Section III (C) herein, exceeds the preceding fiscal year's actual Annual Fee plus the applicable Annual Fee Limitation, hereinafter referred to as "Annual Fee Limitation excess," payment of the Annual Fee Limitation excess shall be deferred to a subsequent future fiscal year(s) where the increase in the actual Annual Fee for that fiscal year over the preceding fiscal year is less than the Annual Fee Limitation. The Annual Fee Limitation excess will be repaid by CITY in any subsequent fiscal year(s) to the extent the actual Annual Fee increase in that fiscal year is less than the Annual Fee Limitation for that fiscal year. One-twelfth (1/12) of such Annual Fee Limitation excess shall be added and paid in each of CITY's twelve (12) monthly payments for the subsequent fiscal year(s).
In the event CITY detaches from the DISTRICT, any unpaid Annual Fee Limitation excess together with any outstanding Annual Fee payments due by the CITY as of the effective date of the detachment shall be due and payable to the DISTRICT no later than the effective date of detachment. Should a credit be due the CITY from DISTRICT, a refund shall be paid to CITY no later than the effective date of detachment.
(F) With the exception of the lease/purchase of apparatus, conversion costs as specified in Schedule 4 attached hereto and made a part hereof shall be charged to CITY and shall be paid in sixty (60) equal monthly payments. This amount shall be added to each monthly invoice for the Annual Fee commencing with the first month's Annual Fee invoice, or as soon thereafter as the amount of the conversion costs is available. The CITY’s payment of lease/purchase of apparatus shall commence when such apparatus is placed in service in the CITY.
(G) CITY shall pay all annexation processing fees by check directly to and upon request by DISTRICT. Such fees are anticipated to be:
State of California
Board of Equalization $ 300.00
County of Los Angeles
Local Agency Formation Commission $5,000.00
(H) Fire protection, hazardous materials, emergency medical, and all related services as set forth in Section II, herein, shall not be performed by DISTRICT hereunder unless CITY shall:
1. Have available funds previously appropriated to cover the Annual Fee.
2. Have paid, when due to DISTRICT, the monthly payments for the
Annual Fee from the previously appropriated funds.
(I) DISTRICT shall invoice CITY at least thirty (30) days in advance of any scheduled monthly payment. Payment of all invoices under this Agreement shall be due and payable thirty (30) days from the date of invoice (hereinafter referred to as “due date”).
Invoices and general notices shall be sent to CITY at:
City of Inglewood
One Manchester Blvd.
Inglewood, CA 90306
Payments shall be sent to:
Los Angeles County Fire Department
P. O. Box 54740
Los Angeles, CA 90054-0740
General notices shall be sent to:
Fire Chief P. Michael Freeman
Los Angeles County Fire Department
1320 North Eastern Avenue
Los Angeles, CA 90063-3294
Either party shall notify the other, in writing, of an address change.
(J) If the commencement date of service is in the middle of any month, the pro rata share for that month and full payment for the following month shall be paid in advance. The pro rata monthly share shall be calculated as follows:
Divide the Annual Fee by 365 days (daily rate) and multiply
the daily rate by the number of days remaining in the month
as of the commencement date of service.
(K) Interest shall be added to any payment invoiced by DISTRICT and that is received by DISTRICT after the due date (late payment). The interest rate on any late payment shall be established as the prevailing prime lending rate for Bank of America, or any successor financial institution, as of the first day payment is late. The period for computing this interest shall commence the day following the payment due date and end the date of receipt of payment by the DISTRICT. The interest payment shall be computed as follows:
365 Days Payment
(L) The Annual Fee in this Agreement is based upon current CITY boundaries and service requirements.
(1) Should CITY annex additional areas from which DISTRICT receives property taxes, DISTRICT shall continue to receive its full share of property taxes DISTRICT derives from those areas with no adjustment to the Annual Fee. In addition, should CITY desire that the DISTRICT's special tax be discontinued in the annexed area within the CITY, CITY shall transfer additional property taxes to DISTRICT in an amount equal to the revenue generated by the special tax in the annexed area within the CITY. Provided that the financing measures described in this paragraph are complied with, CITY shall not incur any additional Annual Fee costs as a result of annexation.
(2) Should CITY annex any area in which DISTRICT does not receive property taxes (such as from a non-DISTRICT city) staffing levels shall be adjusted to adequately serve the annexed area and CITY's Annual Fee shall be adjusted accordingly as determined by DISTRICT and reviewed by CITY.
(3) The DISTRICT shall continue to receive its full share of property tax revenue generated in any existing CITY areas which are currently within the DISTRICT.
(4) Should any existing CITY area or any CITY-annexed area from which the DISTRICT derives property tax funding subsequently be included in a redevelopment project area, either the Inglewood Community Redevelopment Agency, hereinafter referred to as "Agency," shall exempt the DISTRICT from tax increment financing of Agency redevelopment project(s) or the CITY shall annually reimburse DISTRICT for any and all diversion of property taxes from DISTRICT to the Agency. In no event shall any Agency redevelopment projects decrease DISTRICT property tax revenue.
(M) All revenues generated from fees established or implemented by DISTRICT shall be DISTRICT revenues. Fees of any nature collected by CITY on behalf of DISTRICT shall be passed-through to DISTRICT by CITY as DISTRICT revenues. CITY shall be authorized to retain a five percent (5%) administrative charge for any fees collected on behalf of DISTRICT. Any fees charged and collected by the CITY subsequent to the commencement date of service shall remain as revenues of the CITY provided that such fees are not identified as fees for DISTRICT services. DISTRICT shall be authorized to retain a five percent (5%) administrative charge for any fees collected by DISTRICT on behalf of CITY. Excluding any State, Federal, or judicially mandated programs or fees, any fees established by DISTRICT to be imposed in CITY after the commencement date of service shall require the prior approval of CITY, which approval shall not be unreasonably withheld.
After giving written notice to DISTRICT, CITY may at any time choose to pay, in part or whole, any fees levied by DISTRICT in lieu of imposition of the fees upon the citizens of CITY.
In the event that an incident occurs within the CITY while this Agreement is in effect during which the DISTRICT may be required to deploy a substantial number of DISTRICT apparatus and personnel to such incident, the DISTRICT reserves the right to pursue cost recovery at its sole discretion against the party that caused the incident but not against the CITY. In the event the CITY were to pursue cost recovery for DISTRICT resources deployed to such an incident, the CITY shall promptly pay to the DISTRICT all such DISTRICT costs recovered by the CITY less the cost of CITY's recovery efforts. Costs for DISTRICT resources paid for by the CITY through this Agreement as detailed on Schedule 2 herein and deployed to such an incident shall not be recoverable by DISTRICT from CITY.
(N) In the event that a billing/payment dispute arises between the DISTRICT and CITY, the parties will negotiate in good faith to resolve the dispute and the following procedures will be taken to resolve the dispute:
1. The dispute will be specified, in writing, and presented to the DISTRICT jurisdictional Assistant Fire Chief if a CITY dispute, or to the CITY ADMINISTRATIVE OFFICER if a DISTRICT dispute, within thirty (30) days of the receipt of a disputed invoice or disputed payment. The CITY shall pay any disputed invoice "under protest."
2. If the DISTRICT and CITY cannot fully resolve the dispute within ninety (90) days of receipt of written notification of this dispute (impasse), the impasse will be sent to an independent arbitrator for resolution. Said arbitrator shall be selected jointly by CITY and DISTRICT within forty-five (45) days of impasse and shall be paid for equally by CITY and DISTRICT. If DISTRICT and CITY cannot agree on an arbitrator, each party shall, at its own expense, retain an arbitrator within thirty (30) days after the jointly selected arbitrator should have been selected. These two arbitrators will within thirty (30) days mutually select a third arbitrator. The mutually agreed-upon arbitrator will resolve the matter within thirty (30) days after his/her selection. DISTRICT and CITY shall share equally the cost of the third arbitrator. The arbitrator's resolution of the impasse shall be final and binding.
If the DISTRICT prevails in arbitration, all money owed and not paid to the DISTRICT will be forwarded to the mailing address identified in Section III (I), herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision. In addition, the CITY will be assessed and pay the interest payment amount as calculated for an interest payment in Section III (K) of this Agreement. If the CITY prevails in arbitration and has paid the DISTRICT the disputed amount, a refund to CITY will be forwarded to the mailing address identified in Section III (I), herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision. In addition, DISTRICT will pay to CITY the interest as calculated for an interest payment, as identified in Section III (K) of this Agreement.
(O) The DISTRICT shall credit to the CITY's Annual Fee billing the cost expended by CITY to fulfill the requirements of Section VII (C)(12), herein, in the invoice subsequent to DISTRICT'S receipt of cost documentation. CITY shall present documentation satisfactory to DISTRICT of the amount expended prior to credit being made.
(P) Sick and vacation benefit days, as provided for in Section VII (C)(6) and (7) herein and as detailed on Schedules 8, 9, 11, and 12 attached hereto and made a part hereof, shall be charged to the CITY and shall be paid in thirty-six (36) equal monthly payments which shall be added to the monthly invoice for the Annual Fee commencing with the first month's Annual Fee invoice or as soon as practicable after the finalization of these Schedules.
(Q) CITY shall be billed for the monthly lease/purchase of apparatus as described in Section IV(D) herein. The apparatus monthly lease/purchase payment shall be added to the monthly invoice for the Annual Fee and be paid by CITY commencing with the first month's invoice after the receipt of the apparatus and continuing until the lease/purchase period has been completed.
(A) On the commencement date of service CITY shall transfer to DISTRICT all fire apparatus, vehicles, fire equipment, and fire station furnishings, furniture, equipment and expendable tools incidental to fire station operations, as inventoried and identified by DISTRICT in writing, and listed in Schedules 5 and 6 attached hereto. All items not transferred to DISTRICT will remain with the CITY.
(B) All right, title, and interest in said CITY apparatus and vehicles shall be conveyed to DISTRICT free and clear of any encumbrances. CITY shall be responsible for any and all outstanding loans or liens against said apparatus and vehicles. All right, title, and interest of any apparatus for which the CITY is currently leasing shall be conveyed to DISTRICT free and clear of any encumbrances upon the termination of the lease.
(C) All fire apparatus, vehicles, and related apparatus/vehicular equipment transferred to the DISTRICT by the CITY shall be in good working order. CITY shall pay for any fire apparatus and vehicle repairs necessary due to deferred or deficient maintenance. Prior to the commencement date of service, the DISTRICT shall inspect all such fire apparatus and vehicles and identify any repairs required due to deferred or deficient maintenance. DISTRICT shall add the cost for such repairs to the conversion costs and modify Schedule 4 accordingly. Due to the age of two of the CITY’s engines to be transferred to the DISTRICT, CITY shall be responsible for half of all single repair costs in excess of five thousand dollars ($5,000) while such engines are assigned by DISTRICT as front-line units in the CITY as detailed in the Memorandum of Understanding, included herein as Schedule 13, attached hereto and made a part hereof, hereinafter referred to as "MOU", which shall be entered into by the CITY MAYOR and DISTRICT FIRE CHIEF prior to the commencement date of service or as soon as practicable thereafter.
(D) On behalf of CITY, DISTRICT shall lease/purchase three (3) paramedic squads for the provision of emergency medical services in the CITY which lease/purchase costs shall be paid for by CITY. Monthly invoices for the CITY's Annual Fee shall include the monthly lease/purchase cost of such apparatus as detailed in Section III(Q) herein. At DISTRICT’s option, DISTRICT may cash purchase the paramedic squads and invoice the CITY for the cost of the paramedic squads plus a monthly financing fee which would be based on the monthly rate of interest earned by the County of Los Angeles Treasury Pool at the time the paramedic squads are purchased. Reimbursement for the purchase of the paramedic squads shall be billed to the CITY monthly over a seven-year period and shall be included in the monthly invoices for the CITY’s Annual Fee in accordance with Section III(Q) herein.
(A) Upon the commencement date of service, all four (4) existing CITY fire shall be used and occupied by DISTRICT, as listed on Schedule 3 attached hereto and made a part hereof. CITY shall lease to DISTRICT for one dollar ($1) annually each of the four CITY fire stations as identified on Schedule 3. CITY may lease the CITY’s Training Center to the DISTRICT. The provisions for the lease of the Training Center shall be specified in an MOU or other Agreement entered into by the CITY MAYOR and DISTRICT FIRE CHIEF.
(B) CITY represents and warrants that it has performed all environmental cleanup of hazardous materials at all City fire stations and Training Center, as required by all applicable Federal, State, and local laws as detailed in Section VIII (C) herein. CITY represents and warrants that CITY has, as Federally mandated, at its own expense, properly removed and replaced, if applicable, all underground fuel tanks from all CITY fire stations in accordance with all applicable Federal, State, and local requirements and standards. DISTRICT assumes no responsibility for any and all contamination or environmental damage, personal injury or property damage, or liability of any nature whatsoever arising from said fuel tanks or their removal. CITY shall indemnify, defend, and hold harmless DISTRICT from any claims, liabilities, damages, costs, or expenses of any nature whatsoever related to past or present fuel tanks located at any CITY fire station sites.
CITY shall indemnify, defend, and hold harmless DISTRICT for any liability, cost, expense, claims, or damages arising from any contamination or environmental damage, including personal injury or property damage, of any kind whatsoever at or adjacent to CITY fire stations and Training Center in any way related to CITY fuel tanks or asbestos, if any, at CITY fire stations and Training Center, or related to any other hazards or conditions caused or created by CITY.
(C) DISTRICT shall be responsible for utility payments related solely to DISTRICT's use
of CITY fire stations and Training Center. In the event any of the CITY's fire stations' or Training Center’s utility connections are shared jointly by others, a formula to determine sharing of utility costs shall be set forth in an MOU, included herein as Schedule 14, attached hereto and made a part hereof entered into by the CITY MAYOR and DISTRICT FIRE CHIEF prior to the commencement date of service or as soon as practicable thereafter.
(D) DISTRICT shall perform all routine, day-to-day maintenance, and minor repairs
(collectively referred to as “routine repairs”) on all fire stations leased from CITY identified on Schedule 3 attached hereto. DISTRICT shall be responsible for routine repairs up to $25,000 per fire station during the first year of this Agreement (DISTRICT’s share). For the second through fifth years of this Agreement, the DISTRICT’s share shall be as follows:
Year 2 $26,250
Year 3 $27,563
Year 4 $28,941
Year 5 $30,388
DISTRICT shall notify CITY in writing if the total cost for routine repairs for any of the CITY fire stations in any one year is anticipated to exceed the DISTRICT’s share for that year in accordance with paragraph (D) herein. If DISTRICT expends less than DISTRICT’s share on any fire station in any year, any amount less than DISTRICT’s share for such fire station shall not be credited against another fire station, nor shall it be carried over from year to year. Routine repairs shall include but not be limited to the following: repair or replacement of apparatus room doors; floor replacement; ceiling replacement; incidental plumbing and electrical repairs; heating and air conditioning repairs; exhaust fan replacement; etc.; and minor remodeling such as shower refurbishment, installation of stainless steel countertops, and additional cabinets for offices and/or lockers. All repairs or portions thereof in excess of DISTRICT’S share, per year, shall be the responsibility of the CITY.
Any non-routine repairs hereinafter shall be referred to as "major repairs" and shall be identified, in writing, by the DISTRICT and presented to CITY. In the event of a dispute
regarding the existence of major repairs, the general arbitration procedures stated in Section III(N) shall be utilized. Major repairs shall be undertaken by the CITY within twelve (12) months of DISTRICT's notification to CITY, or other time period as mutually agreed upon by DISTRICT FIRE CHIEF and CITY ADMINISTRATIVE OFFICER, unless said major repair is deemed an emergency, hereinafter referred to as "emergency major repair."
Emergency major repair shall be defined as one that if left unrepaired would compromise the health, welfare, or security of the fire station inhabitants or the public, as determined by DISTRICT. DISTRICT shall commence emergency major repairs immediately after notification by DISTRICT to CITY’s designated emergency contact person. CITY shall provide DISTRICT with the name and telephone number of a designated contact person for such emergency contacts which may be after hours. DISTRICT will undertake the necessary emergency major repairs and invoice the CITY for the costs of repairs. CITY shall be invoiced for one-twelfth (1/12) of the cost of such repairs monthly for a period of twelve (12) months. All invoices for emergency major repairs undertaken by the DISTRICT shall be due and payable thirty (30) days from the date of invoice and shall be subject to the terms contained in Section III (K) and (N) herein.
DISTRICT FIRE CHIEF may authorize improvements to any CITY fire station or the CITY Training Center for DISTRICT benefit at no cost to the CITY. Improvements to any of the fire stations or the Training Center for DISTRICT benefit shall not be subject to the annual maintenance per station provisions as contained herein.
Beginning on the sixth year of this Agreement, the DISTRICT shall assume all fire station maintenance costs.
(E) DISTRICT shall inspect all CITY fire stations prior to acceptance and occupancy. After DISTRICT acceptance of each CITY fire station, DISTRICT shall be responsible for routine station repairs as described in Section V (D) herein.
(F) CITY shall, at all times during the term of this Agreement, maintain hazard insurance at CITY expense on CITY fire stations and Training Center listed on Schedule 3 attached hereto.
(G) DISTRICT shall be fully responsible for any major repairs or any damages arising solely from the intentional or negligent acts of DISTRICT's personnel.
(A) Except as specifically otherwise provided in this Agreement, neither party shall be liable for the negligent or wrongful acts of the other in the performance of this Agreement.
(1) CITY agrees to indemnify, defend, and hold harmless DISTRICT and COUNTY, their elected and appointed officers, agents, and employees from any and all liability and expenses, including defense costs and legal fees, arising from or connected with claims and lawsuits arising from the negligent or wrongful acts of CITY in the performance of this Agreement.
(2) DISTRICT agrees to indemnify, defend, and hold harmless CITY, its elected and appointed officials, agents, officers, and employees from any and all liability and expenses, including defense costs and legal fees, arising from or connected with claims and lawsuits arising from the negligent or wrongful acts of DISTRICT in the performance of this Agreement.
(A) SWORN EMPLOYEES
(1) Appointment - Subject to the provisions of the California Government Code, Section 1031; the Charter of the County of Los Angeles, Section 56 3/4; and the Los Angeles County Code Section 6.02.040, DISTRICT agrees to appoint, without further civil service examination, CITY Fire Fighter series employees exclusive of temporary or reserve Fire Fighters, hereinafter referred to as "sworn employees," specified on Schedule 7, attached hereto and made a part hereof, who have successfully completed six (6) months service with CITY. Sworn employees' service with CITY must include actual firefighting experience in a permanent Fire Fighter position. Safety employees hired before March 31, 1997 have a mandatory retirement age of sixty (60), unless subsequently modified by the Los Angeles County Board of Supervisors.
For purposes of the mandatory retirement age for transferring safety employees, the sworn CITY employees' commencement of service with the DISTRICT shall be deemed to be the date of hire in a safety capacity with the CITY. Safety employees who have reached their 60th birthday and were hired by CITY before March 31, 1997 shall not be blanketed into DISTRICT service.
(2) Probation - All CITY sworn employees on probation will remain on probation until completing DISTRICT probationary period and requirements.
(3) Positions - CITY sworn employees qualified pursuant to this Section VII are fully identified on Schedule 7 attached hereto and are subject to the terms and conditions of this Agreement. CITY sworn employees shall be employed by DISTRICT in the number and status as follows:
9 Captain
15 Fire Fighter Specialist
Remainder Fire Fighter
CITY shall designate sworn employees to be assigned to the Captain, Fire Fighter Specialist, and Fire Fighter positions indicated above. Any CITY designated employee shall be eligible for the assigned position if the employee has held the position being designated to or a higher position in the service of the CITY. A duly authorized representative from the Inglewood Fire Fighters Association/Local 3774 shall approve, in writing, the appointment of the personnel designated to the ranks of Captain and Fire Fighter Specialist as listed on Schedule 7 attached. Once approved by the Inglewood Fire Fighters Association/Local 3774, these designations shall become final and not subject to change unless a CITY sworn employee designated on the list does not transfer to the DISTRICT.
(4) Firefighting Experience - CITY sworn employees to be assigned to the position of Fire Captain shall have five (5) years' firefighting experience. CITY represents and warrants that those employees assigned Fire Captain positions have a minimum of five (5) years' firefighting experience.
(5) Driving Skills - All CITY sworn employees who are to be assigned fire apparatus operation responsibilities as Fire Fighter Specialists will be tested and trained, as may be required by DISTRICT. Any CITY sworn employee who does not initially qualify in fire apparatus operations prior to the commencement date of service will be assigned other duties. After being provided training by the DISTRICT, transferring Fire Fighter Specialists will be required to pass a fire apparatus operations test. Fire Fighter Specialists who do not pass the fire apparatus operations test may be demoted.
(6) Driver's License - As a condition of employment, all CITY sworn employees will be required to obtain the appropriate California Driver's License, which is currently a noncommercial Class B restricted to operate firefighting equipment only, with air brake, tank, and hazardous material endorsements in accordance with the California Department of Motor Vehicles requirements. No employee shall have license restrictions which would prevent her/him from performing their employment duties.
(7) EMT-1D Training - Sworn members of DISTRICT are required to be certified as Emergency Medical Technician 1D (EMT-1D). CITY sworn employees transferring to DISTRICT shall have current EMT-1D certification. Any transferring CITY sworn employees who have not maintained a current EMT-1D certification will be provided the necessary training by the DISTRICT. The CITY shall reimburse the DISTRICT for all costs incurred by the DISTRICT to provide training to transferring employees lacking current and appropriate EMT-1D certification.
(8) POST Training - All sworn members of DISTRICT are required to satisfactorily complete the Peace Officer Standards and Training (POST) course. CITY sworn employees transferring to DISTRICT shall be provided the required training if employees have not already completed the POST course. City shall reimburse DISTRICT for all costs incurred by DISTRICT to provide such POST training.
(9) Seniority - The annexation of CITY to DISTRICT will result in the creation of fifty-seven (57) additional DISTRICT sworn positions. More than fifty-seven (57) sworn employees may be transferring from CITY to DISTRICT. Pursuant to Section 53292 of the California Government Code and except as specified in Section VII (C)(10) herein, so as not to impair the seniority rights of existing DISTRICT sworn employees, as a result of the fifty-seven (57) newly created sworn positions only fifty-seven (57) CITY sworn employees with the most CITY Fire Department continuous service time will receive DISTRICT seniority rights and COUNTY seniority. DISTRICT seniority is principally used for transfer bidding rights and, for these fifty-seven (57) positions, will be based on service time in the Fire Fighter series with CITY Fire Department. COUNTY seniority which, as defined in Los Angeles COUNTY Civil Service Rule 2.15 as "continuous service," is principally used for purposes of determining the order of economic layoff or reduction. Also as defined in Section 6.04.040 of the Los Angeles COUNTY Code, "continuous service" is principally used for purposes of determining rights to some types of paid leave. For these fifty-seven (57) positions, continuous service will include all service time with the CITY, including any continuous non-permanent time.
The assigned DISTRICT and COUNTY seniority dates for the remaining sworn employees will be the commencement date of service with the DISTRICT. They will be placed on the DISTRICT seniority list and also assigned a COUNTY continuous service date in order of their relative service time with the CITY. In the event any two or more transferring CITY employees have the same continuous service date with the CITY Fire Department, the CITY shall use whatever method currently utilized by the CITY to determine the manner in which the seniority for those affected employees shall be established. As those CITY sworn employees with full DISTRICT and COUNTY seniority rights leave DISTRICT service, the remaining sworn employees will be assimilated into full DISTRICT and COUNTY seniority status based on their time in service as sworn CITY/DISTRICT employees, with the exception of those employees who fall under the provision of Section VII (C)(10) herein.
(10) Promotional Exams - All non-probationary transferring sworn employees shall be immediately eligible for promotional examination within the DISTRICT. All time in rank as a sworn CITY/DISTRICT employee shall be considered for purposes of determining eligibility for promotional examination.
(11) Longevity Bonus - For purposes of determining eligibility for the DISTRICT's Fire Fighter longevity bonus for those CITY employees blanketed-in to DISTRICT in the Fire Fighter classification, all continuous CITY service time in the Fire Fighter or successive promotional classifications shall be deemed as fulfilling the required aggregate service time for longevity bonus entitlement, except as provided in Section VII(C)(10) herein.
(12) Training Records – CITY will provide DISTRICT with complete training records of all CITY sworn employees to be transferred to the DISTRICT pursuant to this Agreement.
(B) NON-SWORN EMPLOYEES
(1) Appointment - DISTRICT may agree to appoint without further civil service examination non-Fire Fighter series employees, hereinafter referred to as "non-sworn employees", who have successfully completed six (6) months continuous service with CITY and who shall be listed on Schedule 10, attached hereto and made a part hereof. All non-sworn employees shall successfully complete a probationary period consistent with Los Angeles County Civil Service Rules.
(2) Seniority - Since non-sworn positions are not being created as a result of this annexation, the DISTRICT and COUNTY seniority date for all transferring non-sworn CITY employees shall be the commencement date of service.
(C) ALL EMPLOYEES
(1) Medical Exam & Background Investigation - Prior to the commencement date of service, as a condition of DISTRICT employment, it will be required that each CITY employee be medically qualified by a DISTRICT-administered physical examination, which includes a drug screening component, and shall satisfy the DISTRICT’s requirements for a background investigation. Any CITY employee who is on medical leave of absence on the commencement date of service shall be blanketed into DISTRICT if he/she passes the required medical examination and background investigation upon termination of medical leave.
(2) Salary Step Placement - For the purpose of determining an employee's DISTRICT salary step placement, "CITY salary" shall be defined as all monthly earnings that are eligible towards CITY retirement credit, excluding all paramedic bonuses, any compensation for unused benefit days, and all overtime earnings. The employee's initial salary step placement shall not be less than his/her CITY salary.
a) Sworn employees - Except as provided in Section VII (C)(9) and (10), all continuous service time accrued as a sworn employee in the service of the CITY shall be considered for the purpose of determining COUNTY employee benefits including sick leave, vacation and step placement on the applicable COUNTY salary schedule. Salary step placement of sworn employees shall be within the salary range of the DISTRICT position assigned, but no less than the salary step that provides for the same salary or next higher salary as the sworn employee's CITY salary. Subsequent salary step advances, if applicable, shall be one year from the last step advance with the CITY or in accordance with COUNTY policy, whichever is sooner. In the event that the sworn employee's CITY salary is higher than the top step of the COUNTY salary range, the sworn employee will be placed on the top step of that range, but shall be Y-rated so that no loss in pay occurs. A sworn CITY employee's Y- rate shall remain in effect until the regular salary including any bonuses exceeds the Y-rate amount. Should the sworn employee realize a salary reduction as a result of a voluntary assignment change and the salary returns to less than the Y-rate amount, the sworn employee's Y-rate shall be restored. Y-rated employees shall not be eligible for bonuses in addition to their Y-rated salary. Sworn employees who have accrued CITY service time in a non-sworn position shall have such non-sworn service time considered for purposes of determining COUNTY seniority date and benefits, but not salary step placement.
b) Non-sworn Employees - Except as provided in Section VII (C)(9) and (10), all continuous service time accrued as a non-sworn employee in the service of the CITY shall be considered for the purpose of determining sick leave and vacation, but not for DISTRICT or COUNTY seniority. Salary placement of non-sworn employees shall be within the salary range of the DISTRICT position assigned, and at the salary step that provides for the same salary or next higher salary as the employee's CITY salary as of the commencement date of service through this Agreement. In the event that the employee's CITY salary is higher than the top step of the COUNTY salary range, the employee will be placed on the top step of that range, but shall be Y-rated so that no loss in pay occurs.
(3) Taxes - This Agreement does not exempt transferring CITY employees from applicable payroll taxes required of new employees, such as Health Insurance Tax (HIT).
(4) Uniforms - CITY issued uniforms and safety equipment that meet DISTRICT standards shall be transferred to the DISTRICT with the transferring employees. CITY uniforms will be supplemented by DISTRICT issued uniforms and/or safety equipment necessary to meet DISTRICT requirements. CITY shall assume all costs for supplementing uniforms and safety equipment that do not meet DISTRICT standards. Subsequent uniform issues will be as provided for in the current Memorandum of Understanding for the respective employee representation units entered into between the County of Los Angeles and the certified employee organizations, if applicable.
(5) Personnel/Medical/Time Records - Subject to permission being granted by CITY employees, CITY will provide DISTRICT with complete and original personnel and employment medical records of all CITY personnel to be transferred pursuant to this Agreement, including all claims for disability compensation. In addition, CITY will provide DISTRICT with a minimum of one year's time records of "hours worked" prior to the commencement date of service for all CITY personnel to be transferred pursuant to this Agreement. As a condition of DISTRICT employment, CITY employees must consent to the transfer of complete original personnel and employment medical records to DISTRICT. Each transferring employee shall certify to DISTRICT the completeness of his/her personnel file.
(6) Vacation Shifts/Days - CITY shall pay to DISTRICT in the manner set forth in Section III (P) herein for transferred vacation benefit shifts/days for transferring employees at CITY's salary rates in effect on the commencement date of service. CITY shall transfer all vacation benefit shifts/days an employee is entitled to in CITY employment to a maximum of twenty (20) vacation days or ten (10) shifts, whichever is applicable. Vacation benefit shifts/days are outlined in Schedule 8 for sworn personnel and Schedule 11 for non-sworn personnel, which are attached hereto and made a part hereof. CITY salary rates for reimbursement to DISTRICT are defined as follows: base salary plus all monthly bonuses plus CITY paid employee retirement contributions.
(7) Sick Shifts/Days - CITY shall pay to DISTRICT in the manner set forth in Section III (P) herein for transferred sick benefit shifts/days for transferring employees at CITY's salary rates in effect on the commencement date of service. CITY shall transfer all sick benefit shifts/days an employee is entitled to in CITY employment to a maximum of twelve (12) sick days or six (6) shifts, whichever is applicable. Sick benefit shifts/days are outlined in Schedule 9 for sworn personnel and Schedule 12 for non-sworn personnel, which are attached hereto and made a part hereof. CITY salary rates for reimbursement to DISTRICT are defined as follows: base salary plus all monthly bonuses plus CITY paid employee retirement contributions.
(8) Waiver of Accumulated Benefits - DISTRICT shall not assume any responsibility for personnel benefits or CITY obligations accrued by CITY employees prior to the commencement date of service, except as expressly provided for in this Agreement. CITY shall provide a waiver for said accumulated benefits by each CITY employee as a condition of employment by DISTRICT, executed in favor of DISTRICT. It is further understood that employees subject to this Agreement shall become eligible for vacation, sick, and holiday time while in DISTRICT service only as provided in DISTRICT Salary Resolution, Los Angeles County Salary Ordinance, or as designated in Section VII herein.
(9) Los Angeles County Employees Retirement Association
a) All sworn employees subject to this Agreement will, on the first day of the month following the date they are appointed to a position in the DISTRICT, become members of the Los Angeles County Employees Retirement Association (LACERA) Plan B for Safety Members or any other Safety Plan as permitted by the County Employees Retirement Law of 1937 (CERL).
b) All non-sworn employees subject to this Agreement will, on the first day of the month following the date they are appointed to a position in the DISTRICT, become members of one of the non-safety LACERA plans available at the time of the commencement date of service pursuant to the provisions of CERL.
c) Service performed by such sworn and non-sworn personnel while employees of the CITY shall not be credited as retirement service with LACERA, and except as provided in Government Code Section 31836.1, shall not be counted for the purpose of discontinuing contributions after thirty (30) years of continuous service pursuant to Government Code Sections 31625.2 and 31664, and shall not be counted for the purpose of determining health insurance premiums charged to LACERA retirees.
(10) Retirement from Public Employees Retirement System - In the event a transferring employee opts to retire from the Public Employees Retirement System (PERS) at any time while in the employment of the DISTRICT, such employee shall forfeit all of his/her continuous service time with the CITY, including all service time with the CITY Fire Department, for purposes of determining DISTRICT and COUNTY seniority and COUNTY employee benefits and step placement pursuant to Section VII(A)(9) and (11), and Section VII(C)(2) and (13). The DISTRICT and COUNTY seniority date for any employee retiring from PERS pursuant to this Section shall immediately become the commencement date of service.
(11) Workers' Compensation - California Labor Code Sections shall govern Workers' Compensation benefits for all transferring CITY employees who sustain industrial injuries. Notwithstanding Section 5500.5 et seq. of the Labor Code, CITY agrees to reimburse DISTRICT for all costs for which DISTRICT shall be liable for those industrial injuries apportionable in whole or in part to employees' employment with CITY.
(12) Health Insurance - CITY shall continue to provide the existing coverage of paid medical and dental insurance for all employees transferring to the DISTRICT for two (2) full calendar months after the commencement date of service or, for those employees on medical leave with the CITY on the commencement date of service, for at least two (2) full calendar months after the effective date of their blanketing into the DISTRICT. DISTRICT shall reimburse CITY as specified in Section III (O).
(13) Deferred Compensation Plans - Pursuant to Section 6.02.040 of the Los Angeles County Code, CITY employees transferring to the DISTRICT shall be eligible for immediate participation in COUNTY employees' deferred compensation plans for which they may be eligible depending upon their transferred rank, unless such immediate eligibility is otherwise prohibited by Federal or California statute or regulation. The provisions contained in this Section shall not be applicable to any employee transferring to the DISTRICT who retires from PERS pursuant to Section VII(C)(10) herein.
(14) DISTRICT Employees' Rights - The employment rights of existing DISTRICT employees shall not be impaired by this Agreement.
(B) Prior to the commencement date of service, CITY shall have a Cal-OSHA Registered Environmental Assessor perform a Phase I Site Assessment and Building Asbestos Survey and, if subsequently required, a Phase II Site Assessment on all CITY fire stations and Training Center. The Site Assessment and related reports shall be reviewed by the DISTRICT.
(C) CITY shall, at its sole expense, mitigate and abate all environmental hazards (if any) and provide evidence to the DISTRICT that all recommended measures have been completed and that all applicable laws and requirements have been complied with. Any residual contaminations or environmental damage from conditions on or adjacent to CITY fire stations and Training Center which existed before the commencement date of service but which are discovered after the commencement date of service, shall be the responsibility of the CITY.
(D) DISTRICT shall, at its sole expense, mitigate and abate all environmental damage caused by DISTRICT or its agents at all CITY fire stations and Training Center.
(E) Prior to occupancy of CITY fire stations and Training Center by the DISTRICT, DISTRICT shall inspect all such fire stations and the Training Center and identify all hazardous materials stored at those facilities for which CITY shall be responsible for the removal. CITY shall remove all identified hazardous materials prior to DISTRICT occupancy of the stations and Training Center. If, after DISTRICT occupancy of CITY fire stations and Training Center, stored hazardous materials are discovered by the DISTRICT which were not previously identified during the above inspection, CITY shall remove said materials within thirty (30) days after written notice by DISTRICT to CITY or DISTRICT may remove the materials and invoice CITY for the costs of removal. In the event such hazardous materials pose an immediate danger to human health or the environment as determined by the DISTRICT, such materials shall be removed immediately by CITY upon notification by DISTRICT to CITY.
(A) Prior to the commencement date of service, CITY shall, by ordinance, designate DISTRICT to be the administering agency for the CITY’s Hazardous Materials Release Response Plan and Inventory, California Health and Safety Code Chapter 6.95, Sections 25500 - 25545, hereinafter referred to as "Program." DISTRICT shall be the administering agency for the Program during the term of this Agreement.
(B) Upon the commencement date of service, CITY shall notify the State of California Office of Emergency Services of the designation of DISTRICT as the administering agency of the Program in the CITY.
(C) DISTRICT shall be authorized to charge and retain all fees collected in the administration of the Program as provided by State law.
Pursuant to Los Angeles County Fire Code Sections 10000.1 and 10000.2 and Health and Safety Code Section 13869 as may be subsequently amended, upon annexation by the CITY to the DISTRICT, the County of Los Angeles Fire Code, including any subsequent amendments to such, shall be enforced in the CITY by the DISTRICT. By ordinance, CITY shall adopt the County of Los Angeles Fire Code as of the commencement date of service. This ordinance will adopt all existing CITY amendments to the County of Los Angeles Fire Code as a separate attachment. The DISTRICT will enforce applicable amendments, specific to the CITY. Where differences occur between the Los Angeles County Fire Code and the amendments adopted by the CITY, the CITY amendments will take precedence unless an impracticality of enforcement can be demonstrated.
(A) With the exception of Schedule 2, all schedules attached hereto and incorporated
herein by reference will be subject to modification by mutual agreement of CITY MAYOR and DISTRICT FIRE CHIEF as needed after the date of approval of this Agreement by both parties.
(B) The staffing levels as indicated on Schedule 2 may be subject to modification by mutual agreement of CITY COUNCIL and DISTRICT FIRE CHIEF. Any such modification of staffing levels may cause an adjustment in the determination of the Annual Fee as specified in Section II (L) herein.
(A) In the event CITY withdraws from DISTRICT at any time subsequent to ten (10) years from the commencement date of service, per the provision of Section I (D), herein, DISTRICT and CITY agree that:
(1) The leases on all fire stations shall terminate and DISTRICT shall vacate all sites on the effective date of withdrawal, except as provided for in a subsequent written agreement as may be entered into by CITY and DISTRICT.
(2) The DISTRICT shall return to CITY fire apparatus vehicles and related fire apparatus equipment of a comparable type, condition, and age, in the quantity and type as described on Schedule 5 as of the commencement date of service.
(3) The DISTRICT shall return to CITY fire station equipment, furniture, and furnishings of a comparable type and condition as of the commencement date of service, which are essential to the operation of the fire station and are detailed in Schedule 6.
(4) As to any apparatus, vehicles, equipment, tools, furnishings, or other personal property for which a monetary or in-kind credit was given to the CITY at the time of annexation, the DISTRICT will not be obligated in any manner to return comparable items to the CITY at the time of withdrawal.
(B) At the time of withdrawal, DISTRICT and CITY will enter into a separate written
agreement to specify the details of withdrawal not addressed in this Agreement.
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Mayor Chair, Board of Supervisors
ATTEST: ATTEST:
VIOLET VARONA-LUKENS, Executive Officer
Clerk of the Board of Supervisors
City Clerk Deputy
(SEAL) (SEAL)
APPROVED AS TO FORM: APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
City Attorney Deputy
1. Proceedings for the above-referenced annexation proposal were initiated by the Consolidated Fire Protection District of Los Angeles County and approved by the Los Angeles County Local Agency Formation Commission.
2. The boundaries of the territory proposed to be annexed are:
All of the incorporated area of the City of Inglewood not currently in the Consolidated Fire Protection District of Los Angeles County.
3. The short-form designation of the proposal is "Annexation 1-2000, Inglewood Parcel 1-2000 to the Consolidated Fire Protection District of Los Angeles County.”
4. The reason for the proposal is:
To provide fire protection and emergency medical services by the Consolidated Fire Protection District of Los Angeles County to the City of Inglewood.
5. The Clerk has fixed ________________ at the hour of _______ in the Board of Supervisors Hearing Room, Room 381, 500 West Temple Street, Los Angeles, California 90012, as the date, time, and place for a public hearing on the proposal, at which time and place the Board of Directors will hear and receive any testimony, objections, or evidence which is made, presented, or filed.
6. Any registered voter residing within the territory or any owner of land within the territory who wishes to file a written protest against this annexation must do so by written communication filed with the Clerk, which must be filed not later than the hour specified in this notice for commencement of the hearing. Each written protest must state whether it is made by a landowner or registered voter and must indicate the name and address of the owner of land affected and the street address or other description sufficient to identify the location of the land, or the name and address of the registered voter as it appears on the affidavit of registration.
For further information call (323) 881-2404.
Si no entiende esta noticia o necesita mas informacion, por favor llame ha este numero (323) 881-2314.
DATED:_______________________ BY
VIOLET VARONA-LUKENS, EXECUTIVE OFFICER
CLERK OF THE BOARD OF SUPERVISORS