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2018/06/26 Riverside, County Fire Protection, prevention, rescue, marshal and medical emergency services A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE THIS AGREEMENT, made and entered into this�day of c)VhQ---, , 2018, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Menifee a duly created city, (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement")with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called "Fire Services"). The Riverside County Fire Department invoices for disaster preparedness and response provided by Riverside County Emergency Management Department. This Agreement is entered into pursuant to the authority granted by Government Code Sections §55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, (hereinafter referred to as "Chief') shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison ("Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chief's duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 JUN 262018 3-3 1 of 8 SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit"A"for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY. B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," CITY shall provide one hundred twenty (120) days written notice of the proposed, requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY's request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. The COUNTY is mandated per Government Code Section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof. D. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." The CITY is obligated to expend or appropriate any sum in excess of Exhibit "A" increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty(30)days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL-FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Any COUNTY or CAL-FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 2 of 8 Exhibit "A" that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit "A" approved by the parties hereto. E. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. F. [ ] (Check only if applicable, and please initial to acknowledge)Additional terms as set forth in the attached Exhibit"B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. G. [ ] (Check only if applicable,and please initial to acknowledge) Additional terms as set forth in the attached Exhibit"C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. H. [ ](Check only if applicable,and please initial to acknowledge) Additional terms as set forth in the attached Exhibit"D" are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services. I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be One Thousand Four Hundred Thirteen Dollars ($1,413) per day; or Nine Thousand Eight Hundred Ninety-Six Dollars ($9,896) per week. J. Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance 671(Establishing Consolidated Fees For Land Use and Related Functions). SECTION IV: INITIAL TERM AND AMENDMENT A. The term of this Agreement shall be from July 1, 2018, to June 30, 2019. Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30,2019 3of8 B. Nine (9) months prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement. SECTION V: TERMINATION During the terms of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Sections 13051 and 3054 to the officer designated by CITY. SECTION Vlll: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such an action for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 4of8 SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each. SECTION X: FACILITY CITY shall provide Fire Station(s), strategically located to provide standard response time within City of Menifee from which fire operations shall be conducted. If the Fire Station(s)are owned by the CITY, the CITY shall maintain the facilities at CITY's cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY. SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "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 COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or(3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. 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 and representatives (collectively, "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) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 5 of 8 Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: 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 final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). B. Each party shall bear their own costs in performing a requested audit. SECTION XIII: DISPUTES 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 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 a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. 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. Such mediator will be jointly selected by the parties. 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 cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm's length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30,2019 6of8 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 the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CalFire employees, to the extent permissible under the COUNTY's contract with CalFire, the claims will be forwarded on to CalFire for processing. SECTION XIV: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY OF RIVERSIDE CITY OF MENIFEE Riverside County Fire Chief City Manager 210 West San Jacinto Avenue City of Menifee Perris, CA 92570 29714 Haun Road Menifee, CA 92586 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. SECTION XVI: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page] Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 7 of 8 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF MENIFEE Dated: By: c_ J_6_6�k Lesa A. Sobe , Mayor Pro Tem ATTEST: APPROVED AS TO FORM: arah A. Manwaring, City C r Title: t ; (SEAL) COUNTY OF RIVERSIDE Dated: By: Chairman, Board of Supervisors ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER-THEM County Counsel Clerk of the Board By: By: Deputy GREGORY P. PRIAMOS County Counsel (SEAL) F:Wata;RRU County Finance�Contract CitiesICOOPERATIVE AGREEVEN71TEM4PLATDCOOPERATIVE AGRF.FMENTSITEMPLATE COOPERATIVE AGREEMENT FINAL20I8.docx Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 8of8 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF MENIFEE Dated: By: Neil Winter, Mayor ATTEST: APPROVED AS TO FORM: By: By: Sarah Manwaring, City Clerk Title: (SEAL) COUNTY OF RIVERSIDE Dated: JUN 26 2018 By: Chairman, Board of Supe isors CHUCK WASHINGTON ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER-THEM County Counsel Clerk of the Board By: B W. Deputy AEG Y P. PRIAMOS Count Counsel (SEAL) F:dataMU Counry FinancelContract CitiesiCOOPERATI!'EAGREEAfEN71TEAfPLATEI000PERATIVE AGREEMENTSITEAIPLATE COOPERATI!'EAGREEAIENTFINAL2018.Aocs Cooperative Fire Agreement City of Menifee July 1, 2018 to June 30, 2019 8 of 8 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE ESTIAMTE DATED JUNE12, 2018 FOR FY 2108/2019 CITY BUDGETED EXHIBIT "A" ESTIMATES FISCAL YEAR 2018/2019 $12,950,089 TOTAL CITY BUDGET ESTIMATES FOR FY2018/2019 $12,950,089 EXHIBIT"A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION,FIRE PREVENTION,RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE ESTIAMTE DATED JUNE12,2018 FOR FY 2108/2019 *See notation below for estimate assumptions CAPTAIN'S ENGINEER FF II CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II'S MEDICS TOTALS ------------- ------------- ------------- ------------- ------------ ------------- ------------- STA.#5 Medic Engine 459,191 2 402,603 2 395,597 2 1,257,390 6 STA.#7 Medic Engine 459,191 2 402,603 2 395,597 2 1,257,390 6 Medic Squad 402,603 2 224,704 1 395,597 2 1,022,903 5 STA.#68 Medic Engine 459,191 2 402,603 2 395,597 2 1,257,390 6 STA.#76 Medic Engine 459,191 2 402,603 2 395,597 2 1,257,390 6 *(Medic Truck City) 229,595 1 402,603 2 353,448 2 593,396 3 1,579,041 8 *(Medic Truck County) *0 2 *0 1 *0 1 4 Fixed Relief 229,595 1 201,301 1 197,799 1 628,695 3 Vacation Relief 229,595 1 255,469 1 449,407 2 197,799 1 1,132,270 5 SUBTOTALS 2,525,548 255,469 2,616,917 674,111 353,448 2,966,978 9,392,470 SUBTOTAL STAFF 13 1 14 3 3 15 49 BATTALION CHIEF 268,996 each 268,996 1.0 FIRE SAFETY SUPERVISOR 153,799 153,799 1.0 FIRE SAFETY SPECIALIST 144,085 144,085 1.0 SUBTOTAL $566,879 52.0 ESTIMATED SUPPORT SERVICES Administrative/Operational 22,007 per assigned Staff** 1,100,335 50.00 Volunteer Program 7,286 Per Entity Allocation 7,286 1.0 Medic Program Medic FTE/Defib Basis 166,221 19.0 Fleet Support 60,561 per Fire Suppression Equip 272,524 4.5 ECC Support Calls/Station Basis 361,520 Comm/IT Support Calls/Station Basis 706,609 Facility Support Assigned Staff/Station Basis 18,337 Hazmat Support 69,678 ESTIMATED SUPPORT SERVICES SUBTOTAL 2,702,510 ESTIMATED DIRECT CHARGES 185,030 FIRE ENGINE USE AGREEMENT 25,800 each engine 103,200 4 ESTIMATED CITY BUDGET 12,950,089 *Truck at St.#76 split funded with Riverside County and City of Menifee. 5o.00 Assigned Staff o.00 Battalion Chief Support ** 5o.00 Total Assigned Staff SUPPORT SERVICES --------------------- 4.o Fire Stations Administrative&Operational Services 10,581 Number of Calls Finance 19 Assigned Medic FTE Training Procurement 5 Monitors/Defibs Data Processing Emergency Services 4 Hazmat Stations Accounting Fire Fighting Equip. 39 Number of Hazmat Calls Personnel Office Supplies/Equip. Volunteer Program-Support staff,Workers Comp,and Personal Liability Insurance Medic Program-Support staff,Training,Certification,Case Review&Reporting,Monitor/ Defibrillator replacement cycle. Battalion Chief Support-Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services EXHIBIT"A" FOR CITY OF MENIFEE Page 2 of 3 Fleet Support-Support staff,automotive costs,vehicle/engine maintenance,fuel costs Emergency Command Center Support-Dispatch services costs Communications/IT Support-Support staff,communications,radio maintenance,computer support functions Facility Support-Facility maintenance staff with associated operating costs. Hazmat Program-Support staff,operating costs,and vehicle replacement FY 18/19 POSITION SALARIES TOP STEP 327,868 DEPUTY CHIEF 25,800 FIRE ENGINE 323,433 DIV CHIEF 22,007 SRVDEL 268,996 BAT CHIEF 7,286 VOL DEL 229,595 CAPT 8,087 MEDIC FTE 255,469 CAPT MEDIC 2,513 MEDIC MONITORS/DEFIBS REPLACEMENT 201,301 ENG 75,126 BATT DEL 224,704 ENG/MEDIC 16,308 ECC STATION 176,724 FF II 28.00 ECC CALLS 197,799 FF II/MEDIC 60,561 FLEET SUPPORT 153,799 FIRE SAFETY SUPERVISOR 31,876 COMM/IT STATION 144,085 FIRE SAFETY SPECIALIST 54.73 COMM/IT CALLS 124,995 FIRE SYSTEMS INSPECTOR 1,290 FACILITY STATION 74,136 OFFICE ASSISTANT III 340.93 FACILITY FTE 86,787 SECRETARY[ 4,452 HAZMAT STATION 116,074 EMERGENCY SVC COORDINATOR 1,279.36 HAZMAT CALLS 226,794 COUNTY FIRE MARSHAL 1,974 HAZMAT VEHICLE REPLACEMENT 165,934 COUNTY DEPUTY FIRE MARSHAL "Estimate Assumptions: All Salaries based on 17/18 salaries and updated with MOU raises Support Services with a 7%increase based on the 17/18 Board Approved Cost Allocation dated August 29,2017 - POFF Benefits based on REVISED Rate Matrix issued in April 2018 Misc Benefits based on REVISED Rate Matrix issued in April 2018. EDWC Benefits based on REVISED Rate Matrix issued in April 2018. POF-RET/MEDI Benefits based on REVISED Rate Matrix issued in April 2018 Admin Fee Per REVISED Matrix Rate issued in April 2018. FY 18119 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment 521540 Maint-Office Equipment 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522340 Station Budgeted Maint-Building and Improvement 522360 Maint-Extermination 522380 Maint-Critical Systems 522410 Maint-Health&Safety 522860 Medical Supplies 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent-Lease Building 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp-Utilities 542060 Capital Improvements Facilities EXHIBIT"A" FOR CITY OF MENIFEE Page 3 of 3 EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY MENIFEE DATED JULY 1, 2018 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 5 Engine E5, RCO No. 06-801 $ 25,800.00 Station 7 Engine E7, RCO No. 15-839 $ 25,800.00 Station 68 Engine E68, RCO No. 04-811 $ 25,800.00 Station 76 Engine E76, RCO No. 15-845 $ 25,800.00 $ 103,200.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. Exhibit"C" CITY OF MENIFEE Page 1 of 2 The CITY will have the option of transferring title of said fire engine(s)to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine. The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $516,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s)are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated. Exhibit"C" CITY OF MENIFEE Page 2 of 2 EXHIBIT "D" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF MENIFEE DATED JULY 1, 2018 PAYMENT FOR ADDITIONAL SERVICES OFFICE OF THE FIRE MARSHAL AGREEMENT The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include: For conformance with applicable laws, codes and regulations concerning fire protection and life safety - • Review Planning and Development Cases for the CITY • Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235 • Review, Permitting and Inspection of Special Events • Investigation of fire safety complaints • Meeting with development applicants and customers Administrative activities - • Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections. • Provide information to customers on CITY Ordinances and Standards for construction • Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY • Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty(60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase. COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section. It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to: • Vehicle and regular maintenance • Training • Office space, furniture, Code & Standard reference books, and general & field supplies Exhibit"D" CITY OF MENIFEE Page 1 of 2 • All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement. The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year. It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY. Contract CitieslEXHIBIT D-Fire Marshal ServiceslTemplate Exhibit D-20180215.docx Exhibit"D" CITY OF MENIFEE Page 2 of 2 CAL FIRE — RIVERSIDE UNIT RIVERSIDE COUNTY FIRE DEPARTMENT Daniel R. Talbot- Fire Chief 210 West San Jacinto Avenue, Perris, CA 92570-1915 Bus: (951) 940-6900 Fax: (951) 940-6373 www.rvcfire.org PROUDLY SERVING THE UNINCORPORATED AREAS OF AND THE City of Menifee AND THE CITIES OF: V tr BANNING July 13, 2018 JUL 19 2018 BEAUMONT Received CANYON LAKE 1\ecei y ed C OAC H E LLA DESERT HOT SPRINGS To: City Manager EASTVALE City of Menifee INDIAN WELLS INDIO JURUPAVALLEY From: Lefty Morales, Administrative Services Analyst Riverside County Fire Department LAKE ELSINORE LAQUINTA Re: Cooperative Agreement and Form 11 with City of Menifee MENIFEE MORENO VALLEY NORCO Enclosed is the fully executed Cooperative Agreement with the City of PALM DESERT Menifee. PERRIS This agreement expires June 30, 2019. 1 have calendared January 1, RANCHO MIRAGE 2019 to begin renewal process again. RuEIDOUx CSD SAN JACINTO TEMECULA Thank you, WILDOMAR BOARD OF IN"J ahj SUPERVISORS: Lefty Morales KEVIN JEFFRIES (961) 940-6977 DISTRICT 1 JOHN TAVAGLIONE DISTRICT 2 CHARLES WASHINGTON DISTRICT 3 V.MANUEL PEREZ DISTRICT 4 MARION ASHLEY DISTRICT 5 SUBMITTAL TO THE BOARD OF SUPERVISORS ITEM COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 3.34 (ID#7353) MEETING DATE: Tuesday, June 26, 2018 FROM : FIRE DEPARTMENT: SUBJECT: FIRE DEPARTMENT: Approval of the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Menifee for one (1) year. District 5 [$12,950,089] 100% Contract Revenue RECOMMENDED MOTION: That the Board of Supervisors: 1. Approve the attached Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Menifee; and 2. Authorize the Chairman of the Board to execute this Cooperative Agreement on behalf of the County; and 3. Authorize the Fire Chief to negotiate and execute any amendments to the Exhibit"A" of this Agreement. ACTION: Policy MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Perez, seconded by Supervisor Jeffries and duly carried, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Jeffries, Tavaglione, Washington and Perez Nays: None Kecla Harper-Them Absent: Ashley CieTI,m Date: June 26, 2018 By kf'�— - xc: FiTk 7 Depu y Page I of 3 ID#7353 3.3 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, , STATE OF CALIFORNIA FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost. COST $ N/A $ 12,950,089 $ 12,950,089 $ N/A NET COUNTY COST $ N/A 1 $ N/A $ N/A $ N/A SOURCE OF FUNDS: Contract revenue from the City of Menifee Budget Adjustment: No subject to annual cost increase. For Fiscal Year: 18/19 C.E.O. RECOMMENDATION: Approve BACKGROUND: Summary The City of Menifee desires to continue contracting for Fire Protection, Fire Prevention, Rescue and Medical Emergency Services with the Riverside County Fire Department, and as such, the City of Menifee and Riverside County have reached an agreement as to the level of service to be provided to the City. The City of Menifee is no longer sharing costs with the City of Canyon Lake. The term of this agreement is July 1, 2018 through June 30, 2019. The total estimated contract revenue will be received annually to cover the full contract costs. The FY 18/19 is estimated at $12,950,089 and subject to increase and/or decrease based on fiscal year end reconciliation of support services with actual costs to be adjusted on the 4th Quarter Invoice sent out in August following the fiscal year close. In the expectation that the City of Menifee will approve the Cooperative Agreement at their June 20, 2018, City Council Meeting, the Riverside County Fire Department is seeking a concurrent approval of said agreement. The agreement has been reviewed and approved as to form by County Counsel. Impact on Residents and Businesses There are no changes in the Agreement; therefore, there will be no impact on businesses or citizens of the City of Menifee due to the renewal of this agreement. However, the language in the Agreement does state that the City may request an increase or decrease of employees or services assigned to the City with one hundred twenty (120) day written notice to the County. All requests for changes will be evaluated by the designated Chief Officer and/or County Fire Chief to ensure that the levels of service provided to the Community are at or above the minimum standard requirements. Any concerns will be discussed with the City Representative. SUPPLEMENTAL: ` Additional Fiscal Information This contract has no general fund impact. Fire estimates receiving $12,950,089 for FY 18/19 in revenue. The estimated contract increase from the previous Exhibit A amendment is Page 2 of 3 } ID#7353 �'n '��' SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 39.10%. This increase is due to various rate increases from the State Cooperative Agreement, the County cost increases and not sharing costs with the City of Canyon Lake. Contract History and Price Reasonableness The City of Menifee has been contracting for Riverside County Fire Service since 2009. The estimated contract increase from the previous Exhibit A amendment is 39.10%. This increase is due to various rate increases from the State Cooperative Agreement, the County cost increases and not sharing costs with the City of Canyon Lake. J; Dance Ta bot,We Cal Fire Riverside ounty 6/13/2018 Greg Priars,Director County Counsel 6/14/2018 e nclair,Deputy Dir'r,or-Fire Admin 6M4/2018 AAe issa Boone,Assacia a Management Analyst 6/19/2018 Grery .Pnar os,Director County Counsel 611412018 G 4:11 n Page 3 of 3 ID#7353 n)) ��