2015/03/10 Riverside, County Transfer of the Sun City Fire Station No7 DIF (4) h
a SUBMITTAL TO THE BOARD OF SUPERVISORS
zn COUNTY OF RIVERSIDE, STATE OF CALIFORNIA G iki' y
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i FROM: FIRE SUBMITTAL DATE:
z a January 27, 2015
o E SUBJECT: Approval of the Cooperative Agreement with the City of Menifee for the transfer of Sun City
p� a Fire Station Development Impact Fee (DIF) Committed Balance; [$3,112,655]; District 3; 100% DIF
> } Western County Fire Facilities
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0 RECOMMENDED MOTION: That the Board of Supervisors:
W 1. Approve the attached Cooperative Agreement between the County of Riverside and the City of
Menifee for the transfer of Sun City Fire Station Development Impact Fee (DIF) commitment
0 m balance of $3,112,655; and,
LL 2. Authorize the Chairman of the Board to execute this Cooperative Agreement on behalf of the
County.
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BACKGROUND:
Summary
Continued on Page 2.
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FINANCIAL DATA Current Fiscal Year: Next Fiscal Year:. Total Cost: Ongoing Cost: POLICYICONSENT
(per Exec.Office
COST
$ 3,112,655 $ 0 $ 3,112,655 $ 0
NET COUNTY COST $ 0 $ 0 $ 0 $ 0 Consent El Policy V�—
SOURCE OF FUNDS: 100% DIF Western County Fire Facilities Budget Adjustment: No
Fund 30505 For Fiscal Year: 14/15
C.E.O. RECOMMENDATION:
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Count Executive Office Signature InaG.�ranr ,.
MINUTES OF THE BOARD OF SUPERVISORS
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o71 On motion of Supervisor Benoit, seconded by Supervisor Ashley and duly carried by
unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
Ayes: Jeffries, Tavaglione, Washington, Benoit and Ashley
Nays: None Kecia Harper-Them
Absent: None Cle f th Bo d
o Date: March 10, 2015 gy
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Prev. Agn. Ref.: 7/31/07 3.17; 7/30/13 District:3 Agenda Number:
3-30
A COOPERATIVE AGREEMENT
BETWEEN
THE CITY OF MENIFEE
AND
THE COUNTY OF RIVERSIDE
FOR THE TRANSFER OF THE SUN CITY FIRE STATION NO. 7
DEVELOPMENT IMPACT FEE COMMITTED BALANCE
THIS C{O ,PERATIVE AGREEMENT ("Agreement"), made and entered into as of this
ay of �(l VIVI , 2017 by and between the County of Riverside, a political
subdivision of the State of California, on behalf of the Riverside County Fire Department,
("COUNTY") and the City of Menifee, a California municipal corporation, ("CITY"), whereby
it is agreed as follows:
RECITALS
WHEREAS, per the Riverside County Board of Supervisor's meeting on July 31, 2007,
Agenda Item 3.17; COUNTY approved the use of Development Impact Fees (hereinafter referred
to as "DIF") in the amount of Three Million Four Hundred Dollars ($3,400,000) for the
construction of a new Sun City Fire Station (hereinafter referred to as the "STATION"), and
added the STATION to the Public Facility needs list for the 3`d & 5`h District;
WHEREAS, the estimated balance remaining of COUNTY DIF committed for the
construction of the STATION is Three Million One Hundred Twelve Thousand Six Hundred
Fifty Five Dollars and Nine Cents ($3,112,655.09);
WHEREAS, CITY incorporated on October 1, 2008, from COUNTY and has contracted
with COUNTY, individually pursuant to that certain Cooperative Agreement dated July 1, 2013,
and attached hereto as Exhibit A, to provide fire protection, disaster preparedness and response,
fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical
emergency services, and public service assists for the City of Menifee, by and between the City
of Menifee and the County of Riverside;
WHEREAS, CITY has collected approximately Eight Hundred Thousand Dollars
($800,000.00) in DIF designated for the development of future fire stations within CITY'S
jurisdiction;
WHEREAS, this Agreement is to coordinate the transfer of the remaining balance of
COUNTY DIF committed for the construction of a new STATION to the CITY for the specific
purpose of constructing a new STATION;
WHEAREAS, the current STATION, located at 27860 Bradley Road, Sun City, CA
92586, (Station No. 7) will be repurposed within the COUNTY Fire Department and will remain
under COUNTY ownership.; and
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station#7 (Sun City Canyon Fire Station)
Page 1 of 6
MAR 10 205 -3'�O
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by both parties, CITY and
COUNTY hereby agree as follows:
I. TRANSFER OF DIF
A. COUNTY will coordinate with Riverside County Executive Office to transfer the
remaining COUNTY DIF committed for the construction of the Sun City Fire Station, as
approved by COUNTY in 2007. These funds must be used to build the STATION. These funds
must be used to build the STATION and encumbered or expended by June 30, 2017. The CITY
will own and maintain STATION. This includes all repairs, maintenance, and capital
improvements to the STATION.
B. CITY will utilize the above-referenced CITY DIF, in the amount of Eight
Hundred Thousand Dollars ($800,000), to purchase the property on which the STATION will be
built, with any remaining balance of DIF after land acquisition going towards the construction
costs for the STATION.
C. The land acquisition and construction of the STATION will be the responsibility
of CITY.
11. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify,
protect, defend, and hold harmless COUNTY, its agencies, departments, directors, officers,
agents, Board of Supervisors, elected and appointed officials, volunteers, and representatives
(collectively, "COUNTY Indemnitees") for, from, and against any and all liabilities, claims,
damages, losses, liens, causes of action, suits, awards,judgments, and expenses, attorney and/or
consultant fees and costs, taxable or otherwise, of any nature, kind, or description of any person
or entity, directly or indirectly arising out of, caused by, or resulting from (1)the services
performed hereunder, by CITY, or any part thereof, (2)this Agreement, including any approved
amendments or modifications, or (3) any negligent act or omission of CITY its officers,
employees, subcontractors, agents, or representatives (collectively, "CITY Liabilities").
Notwithstanding the foregoing, the only CITY Liabilities with respect to which CITY'S
obligation to indemnify, including the cost to defend, the COUNTY Indemnitees does not apply
is with respect to CITY Liabilities resulting from the negligence or willful misconduct of a
COUNTY Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to this
Agreement.
III. AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right
to review and to copy any records and supporting documentation of the other party hereto,
pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such
records for possible audit for a minimum of three (3) years after deliverance of COUNTY DIF to
the CITY is made, unless a longer period of records retention is stipulated or as required by law,
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station#7 (Sun City Canyon Fire Station)
Page 2 of 6
and to allow the auditor(s) of the other party access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to such
records. COUNTY and CITY agree to a similar right to audit records and interview staff in any
subcontract related to performance of this Agreement. (See Gov. Code § 8546.7 and Pub.
Contract Code §§ 10115 etseq.)
B. Each party shall bear their own costs in performing a requested audit.
IV. DISPUTES
A. CITY shall select and appoint a "Contract Administrator" who shall, under the
supervision and direction of CITY, be available for contract resolution or policy intervention
with COUNTY, when, upon determination by the Fire Chief in charge of the STATION
("Chief') that a situation exists under this Agreement in which a decision to serve the interest of
CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a
question of fact arising under the terms of this Agreement which is not disposed of within ten
(10) calendar days or less by the CITY and COUNTY employees normally responsible for the
administration of this Agreement shall be brought to the attention of the City Manager of CITY
and the Chief Executive Officer (or designated representative) of COUNTY. CITY and
COUNTY agree to continue with the responsibilities under this Agreement during any dispute.
Disputes that are not resolved informally by and between CITY and COUNTY representatives
may be resolved, by mutual agreement of the parties, through mediation. The costs associated
with mediator shall be shared equally among the participating parties. If the mediation does not
resolve the issue(s), or if the parties do not agree to mediation, the parties reserve the right to
seek remedies as provided by law or in equity. The internal laws of the State of California shall
govern the interpretation and enforcement of this Agreement. All legal actions must be instituted
and maintained in the Superior Court of the County of Riverside, State of California, or in any
other appropriate court in that County. Unless otherwise noted, each party shall bear their own
costs in all dispute resolutions.
B. Any claims or causes of actions, whether they arise out of unresolved disputes as
specified in this Section or claims by third parties that are made against COUNTY, shall be
submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner.
V. DELIVERY OF NOTICES
A. Any notices to be served pursuant to this Agreement shall be considered delivered
when deposited in the United States mail and addressed to:
COUNTY CITY
County Fire Chief City Manager
210 W. San Jacinto Ave. City of Menifee
Perris, CA 92570 29714 Haun Road
Menifee, CA 92586
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station#7 (Sun City Canyon Fire Station)
Page 3 of 6
B. Provisions of this section do not preclude any notices being delivered in person to
the addresses shown above. Delivery in person shall constitute service hereunder, effective
when such service is made.
VI. GENERAL TERMS
A. INCORPORATION OF RECITALS. The Recitals of fact set forth at the
beginning of this Agreement are true and correct and are incorporated into this Agreement in
their entirety by this reference.
B. ENTIRE CONTRACT. This Agreement contains the whole contract between the
parties for the Sun City Fire Station Relocation and Construction. It may be amended or
modified upon the mutual written consent of the parties hereto. This Agreement does NOT
supplement other specific agreements entered into by both parties for service, equipment,
facilities, and excepting those service, equipment, or facilities agreements, this Agreement
cancels and supersedes any previous agreement for the same or similar services.
C. SEVERABILITY. If any provision of this Agreement is held invalid, the
remainder of the Agreement shall not be affected thereby and all other parts of this Agreement
shall nevertheless be in full force and effect.
D. SECTION HEADINGS AND SUBHEADINGS. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not limit or
otherwise affect the terms of this Agreement.
E. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official,
employee, or contractor of CITY shall be personally liable to COUNTY in the event of any
default or breach by CITY or for any amount which may become due to COUNTY or on any
obligations under this Agreement. No member, official, employee, or contractor of COUNTY
shall be personally liable to CITY in the event of any default or breach by COUNTY or for any
amount which may become due to CITY or on any obligations under this Agreement.
F. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
G. NO CONFLICT OF INTEREST. For the Term of this Agreement, no member,
officer, or employee of CITY, during the term of his or her service with CITY, shall have any
direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
H. THIRD PARTY BENEFICIARIES. With the exception of the specific provisions
set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement
and no such other third parties shall have any rights or obligations hereunder.
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station#7 (Sun City Canyon Fire Station)
Page 4 of 6
I. AUTHORITY TO EXECUTE. COUNTY and CITY each warrant that the
individual who has signed this Agreement has the legal power, right, and authority to make this
Agreement.
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station #7 (Sun City Canyon Fire Station)
Page 5 of 6
SIGNATURE PAGE TO
A COOPERATIVE AGREEMENT BETWEEN
THE CITY OF MENIFEE AND THE COUNTY OF RIVERSIDE
FOR THE TRANSFER OF THE SUN CITY FIRE STATION NO. 7
DEVELOPMENT IMPACT FEE BALANCE
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in
their respective capacities, executed this Agreement by and through the signatures set forth
below:
CITY OF M I E
BY:
TITLE:
ATTEST: r jp�y(' APPROVED AS TO FORM:
BY: BY:
OOV
TITLE: TITLE: �Qfi�artie
Dated: MAR 10 2015 COUNTY OF RIVERSIDE
BY��o•�RS
CH�IRMAN, OARD OF SUPERVISORS
MARION ASHLEY
ATTEST: APPROVED AS TO FORM:
GREGORY P. PRIAMOS,
KECIA HARPER-IHEM County Counsel
Clerk of the Board
BY:
_ DALE A. GARD. ER,
BY: DEPUTY COUNTY COUNSEL
DE UTY
(SEAL)
Cooperative Fire Agreement City of Menifee
Transfer of DIF for Station#7 (Sun City Canyon Fire Station)
Page 6 of 6