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HomeMy WebLinkAboutAgenda Item - 2024-05-07 - Number 7.2 - Resolution 24-20, Amending Resolution 24-02 - IGA with Riverdale Rural Fire Protection District 7.2 o�� �s� COUNCIL REPORT � o OREGO\-\ Subject: Resolution 24-20, Riverdale Rural Fire District (Amending Resolution 24-02) Meeting Date: May 7, 2024 Staff Member: Don Johnson, Chief Report Date: April 22, 2024 Department: Fire Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 24-20. Recommended Language for Motion: Move to adopt Resolution 24-20. Project/ Issue Relates To: Continuation of fire and emergency medical services to the Riverdale Rural Fire Protection District. Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable BACKGROUND The Riverdale Rural Fire Protection District (District) is a special service district recognized by the State of Oregon. Oregon Revised Statutes (ORS) give the District legal responsibility to provide fire and emergency medical services. The District serves a geographic area located between the Cities of Lake Oswego and Portland in unincorporated Multnomah and Clackamas Counties. The District has a long history of contracting fire and emergency medical services from the City of Lake Oswego. Respect. Excellence. Trust. Servi e. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 2 DISCUSSION The Fire Department prepared an initial version of the proposed form of Intergovernmental Agreement (IGA) and payment structure. The Department's initial version was inadvertently reviewed and submitted to the Council for approval prior to review with the District. It was adopted on January 16, 2024 as Resolution 24-02 (Attachment 1). The Department has now met with the District and refined the City's proposal by extending the duration from five years to seven years, and finalizing the payment schedule for the level of services provided, as reflected below. Year Total 2024-25 $ 1,302,000 2025-26 $ 1,341,000 2026-27 $ 1,381,000 2027-28 $ 1,423,000 2028-29 $ 1,466,000 2029-30 $ 1,509,000 2030-31 $ 1,554,000 $ 9,976,000 Resolution 24-20 (Attachment 2), amends Resolution 24-02 to authorize the City Manager to sign an IGA with the Riverdale Rural Fire Protection District to provide Emergency Medical and Fire for the revised term and payment schedule. This partnership provides cost effective services to members of the District and allows the City to offset a portion of the cost of Fire Department operations. FISCAL IMPACT The IGA calls for an annual increase of approximately 3.0% in the amount paid to the City for fire and emergency services. RECOMMENDATION Adopt Resolution 24-20 (Attachment 2), amending Resolution 24-02. ATTACHMENTS 1. Resolution 24-02, with Exhibit A 2. Resolution 24-20, with Exhibit A (Revised IGA and Riverdale Rural Fire Protection District Payment Schedule for FY 2024-25 to FY 2030-31) Respect, Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 6.3 D � COUNCIL REPORT von. 42 OREGO� Subject: Resolution 24-02, Riverdale Rural Fire Protection District Meeting Date: January 16, 2024 Staff Member: Don Johnson, Chief Report Date: December 22, 2023 Department: Fire Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Adopt Resolution 24-02. Recommended Language for Motion: Move to adopt Resolution 24-02. Project/ Issue Relates To: Continuation of fire and emergency medical services to the Riverdale Rural Fire Protection District Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑S Not Applicable BACKGROUND The Riverdale Rural Fire Protection District (District) is a special service district recognized by the State of Oregon. Oregon Revised Statutes (ORS) give the District legal responsibility to provide fire and emergency medical services. The District serves a geographic area located between the Cities of Lake Oswego and Portland in unincorporated Multnomah and Clackamas Counties. The District has a long history of contracting fire and emergency medical services from the City of Lake Oswego. The proposed Intergovernmental Agreement (IGA) provides fire and emergency services to the District for five (5) years, beginning July 1, 2024. Respect, Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 DISCUSSION • This partnership provides cost effective services to members of the District and allows the City to offset a portion of the cost of Fire Department operations. • The District will pay the City$1,264,000 in FY23/24 for fire and emergency services. FISCAL IMPACT The IGA calls for an annual increase of approximately 3.7% in the amount paid to the City for fire and emergency services. Fiscal Year Dollar Amount 2024-25 $1,312,000.00 2025-26 $1,359,000.00 2026-27 $1,408,000.00 2027-28 $1,459,000.00 2028-29 $1,513,000.00 ATTACHMENTS 1. Resolution 24-02, with Exhibit A Respect. Excel'ence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY ATTACHMENT 1 RESOLUTION 24-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE RIVERDALE RURAL FIRE PROTECTION DISTRICT PROVIDING FOR THE CONTINUATION OF FIRE AND EMERGENCY MEDICAL SERVICES FOR FISCAL YEARS 2024-25 THROUGH 2028-29. WHEREAS, the City of Lake Oswego and the Riverdale Rural Fire Protection District (hereinafter "District") have previously entered into an Intergovernmental Agreement for the provision of fire and emergency medical services; and WHEREAS, the City of Lake Oswego and the District both benefit by maximizing the use of existing public resources; and WHEREAS, the City of Lake Oswego and the District desire to continue the relationship for the provision of fire and emergency medical services, subject to certain terms and provisions, as set forth in the proposed Intergovernmental Agreement attached as Exhibit A; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Mayor is hereby authorized to sign an Intergovernmental Agreement relating to fire and emergency medical services between the Riverdale Rural Fire Protection District and the City of Lake Oswego for fiscal years 2024-25 through 2028-29, in substantially the form attached as Exhibit A. Section 2. Effective Date. This Resolution is effective upon adoption. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 16th day of January 2024. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Ellen Osoinach, City Attorney EXHIBIT A CITY OF LAKE OSWEGO AND RIVERDALE RURAL FIRE PROTECTION DISTRICT AGREEMENT This Agreement is entered into by and between the Riverdale Rural Fire Protection District, hereinafter called "District" and the City of Lake Oswego, hereinafter called "City." District and City agree: 1. City is a municipal corporation organized and existing under the laws of the State of Oregon. City operates a municipal fire department. City is authorized by its Charter, by State law, or both,to enter this Agreement. 2. District is a rural fire protection district organized and existing under the laws of the State of Oregon. District is authorized by State law to enter this Agreement. 3. Both parties represent that the person signing this Agreement on its behalf has been duly authorized to bind it to the terms of this Agreement. 4. City will provide fire protection, advanced life support emergency medical service and other related services, as defined in Paragraph 5, throughout the District consistent with the terms of this Agreement. It is understood that it is the parties' intent that the City will furnish fire protection and advanced life support emergency medical service to the District at substantially the same level as such service is provided within the City. The City Fire Chief, or their designee, shall have sole and exclusive rights and responsibility to prescribe the manner and method of providing the services under this Agreement, including, but not limited to, the use of available apparatus and manpower, and the decision to invoke mutual aid agreements to supplement the City forces. The City will maintain a high level of fire protection within the District and do its best to maintain or upgrade the present insurance class rating held by the District. 5. City will provide the following related services when and where appropriate: review of proposed fire codes, ordinances and regulations for District adoption; perform inspections and conduct fire prevention programs; investigate fires; with District cooperation, enforce codes, ordinances, regulations and statutes; review building construction plans for commercial use or places of public assembly, and maintain records of service activities as may be required by the Insurance Services Office, Inc. and the Oregon State Fire Marshal. The scope of these described services is limited in that City shall not be required by this Agreement to duplicate those efforts or services being provided by other governmental agencies, nor shall City be required to provide any service which is now or hereinafter specifically identified by any applicable law to be provided by another governmental agency. CITY OF LAKE OSWEGO& RIVERDALE RURAL FIRE DISTRICT Page 1 The City acknowledges it has current maps of the District showing public and private roads, the water distribution system including hydrant locations, new developments and subdivision plans. The District agrees to provide any new information required to keep maps and charts current as requested by the City. 6. (a) The term of this Agreement is for a five (5)year period beginning on the 1st day of July, 2024, and ending on the 30th day of June, 2029. Either party may terminate this Agreement for a material breach of its provisions or due to a material and significant change in circumstances (e.g., a reduction in revenue resulting from annexations, which causes the District to be unable to make the required payments) provided, however, both parties agree to negotiate in good faith to modify the Agreement and resolve any such issues prior to exercising the right to terminate this Agreement. (b) If either party intends not to renew this Agreement after its expiration, it shall provide the other party with written notice of such intent at least 180 days prior to June 30, 2029. Failure to provide such notice shall cause the duration of the Agreement to be automatically extended until 180 days from the date either party provides the other with written notice of termination of this Agreement. In the absence of a new Agreement between the parties, fees for any extension of the Agreement beyond June 30, 2029, shall be based upon the amount payable for the prior year, plus 4% per annum. 7. District agrees to levy taxes during the terms of this Agreement sufficient to provide the payments required to be made to the City during the term of this Agreement. 8. The District agrees to pay, and the City agrees to accept, as payment for the services provided for in this Agreement, the amounts listed on Exhibit "A" which is attached hereto and made a part of this Agreement by this reference. Payments shall be received by the City on or before each due date as listed on Exhibit "A." All late payments shall accrue interest at the rate of 9% per annum. 9. Three (3) copies of this Agreement are executed by the parties, each to be treated as an original document. CITY OF LAKE OSWEGO RIVERDALE RURAL FIRE PROTECTION DISTRICT By: Joseph M. Buck, Mayor By: Title: Dated: , 2024. Dated: , 2024. APPROVED AS TO FORM: Ellen Osoinach, City Attorney CITY OF LAKE OSWEGO& RIVERDALE RURAL FIRE DISTRICT Page 2 EXHIBIT "A" RIVERDALE RURAL FIRE PROTECTION DISTRICT PAYMENT SCHEDULE FY 2024-25/ FY 2028-29 2024-25 For Fiscal year 2024-25,the sum of$1,312,000.00 to be paid as follows: December 31, 2024 $656,000.00 (50%of total) March 31, 2025 $328,000.00 (25%of total) June 15, 2025 $328,000.00 (25%of total) 2025-26 For FY 2025-26,the sum of$1,359,000.00 to be paid as follows: December 31, 2025 $679,500.00 (50%of total) March 31, 2026 $339,750.00 (25%of total) June 15, 2026 $339,750.00 (25%of total) 2026-27 For FY 2026-27,the sum of$1,408,000.00 to be paid as follows: December 31, 2026 $704,000.00 (50%of total) March 31, 2027 $352,000.00 (25%of total) June 15, 2027 $352,000.00 (25%of total) 2027-28 For FY 2027-28,the sum of$1,459,000.00 to be paid as follows: December 31, 2027 $729,500.00 (50%of total) March 31, 2028 $364,750.00 (25%of total) June 15, 2028 $364,750.00 (25%of total) 2028-29 For FY 2028-29,the sum of$1,513,000.00 to be paid as follows: December 31, 2028 $756,500.00 (50%of total) March 31, 2029 $378,250.00 (25%of total) June 15, 2029 $378,250.00 (25%of total) CITY OF LAKE OSWEGO& RIVERDALE RURAL FIRE DISTRICT Page 3 ATTACHMENT 2 RESOLUTION 24-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING RESOLUTION 24-02, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE RIVERDALE RURAL FIRE PROTECTION DISTRICT PROVIDING FOR THE CONTINUATION OF FIRE AND EMERGENCY MEDICAL SERVICES FOR FISCAL YEARS 2024-25 THROUGH 2030-31. WHEREAS, the City of Lake Oswego and the District both benefit by maximizing the use of existing public resources; and WHEREAS, Resolution 24-02 previously authorized an Intergovernmental Agreement (IGA) for five years, starting with fiscal year 2024-25, but the City and the District have renegotiated the IGA prior to its execution; and WHEREAS, this Resolution authorizes an Intergovernmental Agreement that extends the duration of services to the Riverdale Rural Fire Protection District by two additional years, to FY 2030-31, and revises the payment schedule; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Mayor is hereby authorized to sign an Intergovernmental Agreement relating to fire and emergency medical services between the Riverdale Rural Fire Protection District and the City of Lake Oswego for fiscal years 2024-25 through 2030-31, in substantially the form attached as Exhibit A. Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 7th day of May, 2024. AYES: NOES: EXCUSED: ABSTAIN: Joseph M. Buck, Mayor ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Ellen Osoinach, City Attorney Resolution 24-20 EXHIBIT A CITY OF LAKE OSWEGO AND RIVERDALE RURAL FIRE PROTECTION DISTRICT AGREEMENT This Agreement is entered into by and between the Riverdale Rural Fire Protection District, hereinafter called "District" and the City of Lake Oswego, hereinafter called "City." District and City agree: 1. City is a municipal corporation organized and existing under the laws of the State of Oregon. City operates a municipal fire department. City is authorized by its Charter, by State law, or both,to enter this Agreement. 2. District is a rural fire protection district organized and existing under the laws of the State of Oregon. District is authorized by State law to enter this Agreement. 3. Both parties represent that the person signing this Agreement on its behalf has been duly authorized to bind it to the terms of this Agreement. 4. City will provide fire protection, advanced life support emergency medical service and other related services, as defined in Paragraph 5, throughout the District consistent with the terms of this Agreement. It is understood that it is the parties' intent that the City will furnish fire protection and advanced life support emergency medical service to the District at substantially the same level as such service is provided within the City. The City Fire Chief, or their designee, shall have sole and exclusive rights and responsibility to prescribe the manner and method of providing the services under this Agreement, including, but not limited to, the use of available apparatus and manpower, and the decision to invoke mutual aid agreements to supplement the City forces. The City will maintain a high level of fire protection within the District and do its best to maintain or upgrade the present insurance class rating held by the District. 5. City will provide the following related services when and where appropriate: review of proposed fire codes, ordinances and regulations for District adoption; perform inspections and conduct fire prevention programs; investigate fires; with District cooperation, enforce codes, ordinances, regulations and statutes; review building construction plans for commercial use or places of public assembly, and maintain records of service activities as may be required by the Insurance Services Office, Inc. and the Oregon State Fire Marshal. The scope of these described services is limited in that City shall not be required by this Agreement to duplicate those efforts or services being provided by other governmental agencies, nor shall City be required to provide any service which is now or hereinafter specifically identified by any applicable law to be provided by another governmental agency. CITY OF LAKE OSWEGO& RIVERDALE RURAL FIRE DISTRICT Page 1 The City acknowledges it has current maps of the District showing public and private roads, the water distribution system including hydrant locations, new developments and subdivision plans. The District agrees to provide any new information required to keep maps and charts current as requested by the City. 6. (a) The term of this Agreement is for a seven (7)year period beginning on the 1st day of July, 2024, and ending on the 30th day of June, 2031. Either party may terminate this Agreement for a material breach of its provisions or due to a material and significant change in circumstances (e.g., a reduction in revenue resulting from annexations, which causes the District to be unable to make the required payments) provided, however, both parties agree to negotiate in good faith to modify the Agreement and resolve any such issues prior to exercising the right to terminate this Agreement. (b) If either party intends not to renew this Agreement after its expiration, it shall provide the other party with written notice of such intent at least 180 days prior to June 30, 2029. Failure to provide such notice shall cause the duration of the Agreement to be automatically extended until 180 days from the date either party provides the other with written notice of termination of this Agreement. In the absence of a new Agreement between the parties, fees for any extension of the Agreement beyond June 30, 2031, shall be based upon the amount payable for the prior year, plus 4% per annum. 7. District agrees to levy taxes during the terms of this Agreement sufficient to provide the payments required to be made to the City during the term of this Agreement. 8. The District agrees to pay, and the City agrees to accept, as payment for the services provided for in this Agreement, the amounts listed on Exhibit "A" which is attached hereto and made a part of this Agreement by this reference. Payments shall be received by the City on or before each due date as listed on Exhibit "A." All late payments shall accrue interest at the rate of 9% per annum. 9. Three (3) copies of this Agreement are executed by the parties, each to be treated as an original document. CITY OF LAKE OSWEGO RIVERDALE RURAL FIRE PROTECTION DISTRICT By: Joseph M. Buck, Mayor By: Title: Dated: , 2024. Dated: , 2024. APPROVED AS TO FORM: Ellen Osoinach, City Attorney CITY OF LAKE OSWEGO& RIVERDALE RURAL FIRE DISTRICT Page 2 ATTACHMENT "A" RIVERDALE RURAL FIRE PROTECTION DISTRICT PAYMENT SCHEDULE FY 2024-25/ FY 2030-31 2024-25 For Fiscal year 2024-25,the sum of$1,302,000.00 to be paid as follows: December 31, 2024 $651,000.00 (50%of total) March 31, 2025 $325,500.00 (25%of total) June 15, 2025 $325,500.00 (25%of total) 2025-26 For FY 2025-26,the sum of$1,341,000.00 to be paid as follows: December 31, 2025 $670,500.00 (50%of total) March 31, 2026 $335,250.00 (25%of total) June 15, 2026 $335,250.00 (25%of total) 2026-27 For FY 2026-27,the sum of$1,381,000.00 to be paid as follows: December 31, 2026 $690,500.00 (50%of total) March 31, 2027 $345,250.00 (25%of total) June 15, 2027 $345,250.00 (25%of total) 2027-28 For FY 2027-28,the sum of$1,423,000.00 to be paid as follows: December 31, 2027 $711,500.00 (50%of total) March 31, 2028 $355,750.00 (25%of total) June 15, 2028 $355,750.00 (25%of total) 2028-29 For FY 2028-29,the sum of$1,466,000.00 to be paid as follows: December 31, 2028 $733,000.00 (50%of total) March 31, 2029 $366,500.00 (25%of total) June 15, 2029 $366,500.00 (25%of total) 2029-30 For FY 2028-29,the sum of$1,509,000.00 to be paid as follows: December 31, 2028 $754,500.00 (50%of total) March 31, 2029 $377,250.00 (25%of total) June 15, 2029 $377,250.00 (25%of total) 2030-31 For FY 2028-29,the sum of$1,554,000.00 to be paid as follows: December 31, 2028 $777,000.00 (50%of total) March 31, 2029 $388,500.00 (25%of total) June 15, 2029 $388,500.00 (25%of total)