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2012/07/01 Canyon Lake, City FY12 Fire services for City of Canyon Lake City of Menifee Date: Routing and Transmittal Slip 10-7-15 To: Remarks: Amy Reynolds 9-22-15 CC special meeting Office of County Counsel 3960 Orange St., Ste. 500 Riverside, CA 92501 Description: Four Party Agreement Action: Documents re-signed so all parties will have an original with all signatures. City of Menifee 129714 Haun Road I Menifee, CA 92586 COOPERATIVE COST SHARING AGREEMENT BETWEEN THE CITY OF CANYON LAKE, THE CITY OF LAKE ELSINORE, THE CITY OF MENIFEE, AND THE COUNTY OF RIVERSIDE TO PROVIDE FIRE SERVICES IN THE CITY OF CANYON LAKE THIS AGREEMENT,was made and entered into this _day of , 2015,by and between the County of Riverside, a political subdivision of the State of California, (hereinafter referred to as "COUNTY") the City of Canyon Lake, the City of Lake Elsinore and the City of Menifee, duly created cities (hereinafter referred to as "CITIES"). SECTION 1: PURPOSE A The COUNTY has contracted with the City of Canyon Lake, individually pursuant to a Cooperative Agreement 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 Carryon Lake, dated �2015, by and between the City of Canyon Lake and the County of Riverside(the "Canyon Lake Cooperative Agreement"). B. The COUNTY has contracted with the City of Lake Elsinore, individually pursuant to a Cooperative Agreement 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 Lake Elsinore, dated 1A IN I , 2012 by and between the City of Lake Elsinore and the County of Riverside (the "Lake Elsinore Cooperative Agreement"). C. The COUNTY has contracted with the City of Menifee, individually pursuant to a Cooperative Agreement 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, dated , 201 , by and between the City of Menifee and the County of Riverside(the"Menifee Cooperative Agreement"). D. The CITIES and COUNTY desire to enter into an agreement to provide fire protection services within the City of Canyon Lake. This agreement is for the mutual benefit of both the COUNTY and the CITIES. NOW, THEREFORE, IT IS AGREED as follows: SECTION II: COOPERATIVE OPERATIONS Emergency Responses: The Riverside County Fire Department will respond to 911 calls originating within the City of Canyon Lake where the response from fire personnel is appropriate. The fire personnel dispatched to these calls will be within the discretion of the Riverside County Fire Department and will be the closest available fire personnel. It is anticipated that the majority COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSINORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016 4 of these responses will initiate from the Riverside County Fire personnel within the City of Lake Elsinore or the City of Menifee. SECTION III: COST SHARE A. The Parties agree that the cost of the fire protection services within the City of Lake Elsinore and the City of Menifee shall be billed to the City of Lake Elsinore and the City of Menifee pursuant to the respective Cooperative Agreements with the COUNTY consistent with the current agreements referenced above. The cost of these services are evidenced by Exhibit"A" to the Cooperative Agreement to Provide Fire Protection, Rescue and Medical Emergency Services for the City of Lake Elsinore for FY 2015/2016 attached hereto as Exhibit "A" and Exhibit "A"to the Cooperative Agreement to Provide Fire Protection, Rescue and Medical Emergency Services for the City of Menifee for FY 2015/2016 attached hereto as Exhibit`B". These are attached hereto as Exhibits "A" and "B" respectively. B. The Parties further agree that the cost of fire protection services within the City of Canyon Lake shall be billed to the City of Canyon Lake pursuant to the Cooperative Agreement with the COUNTY. The cost of these services are evidenced by Exhibit "A" to the Cooperative Agreement to Provide Fire Protection, Rescue and Medical Emergency Services for the City of Canyon Lake for FY 2015/2016 attached hereto as Exhibit"C" SECTION IV: TERM This agreement shall be in effect as of the last date all the Parties have approved this Agreement and shall remain in effect for one year from that date. SECTION V: INDEMNIFICATION The indemnification provisions as provided in the respective Cooperative Agreements referenced above, as they are currently in effect or hereafter entered into, shall apply to this Agreement. SECTION VII: DELIVERY OF NOTICES All notices permitted or required under this agreement shall be given to the respective parties at the following address, or at such other addresses as the respective parties may provide in writing for this purpose. COUNTY OF RIVERSIDE County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSINORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016 CITY OF CANYON LAKE City Manager 31516 Railroad Canyon Road Canyon Lake, CA 92587 CITY OF LAKE ELSINORE City Manager 130 South Main Street Lake Elsinore, CA 92530 CITY OF MENIFEE City Manager 29714 Hann Road Menifee, CA 92586 Any notice required to be given hereunder to either party shall be given by personal delivery or be depositing such notice in the U.S. snail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service. SECTION VIII: GENERAL PROVISIONS A. ALTERATION OF TERMS. No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid Lmless made in the form of a written amendment to this Agreement, which is formally approved and executed by all Parties. B. JURISDICTION AND VENUE. This Agreement is to be construed under the laws of the State of California. The Parties agree to the jurisdiction of the Superior Court in the County of Riverside. This selection of venue is made knowingly and with the advice of the parties'respective legal counsel. Should venue be challenged by any party for any reason, the parties agree and stipulate to venue in the Superior Court in the County of San Bernardino. No other venue will be requested by any party. C. WAIVER. Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terns hereof, or estopping any one of the CITIES or COUNTY from enforcement hereof. COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSMORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016 D. SEVERABILITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. E. ADMINISTRATION 1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside. 2. The CITIES respective City Manager shall administer this Agreement on behalf of its own City. F. ENTIRE AGREEMENT. This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. [Signature Provisions on following page] COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSINORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016 Dated: V2Vl5- CITY O NIF U� By: SCOTT MANN, Mayor, ATTEST: APPROVED AS TO FORM: KATHY BENNETT, JEFF MELCHING, City Clerk 7 / g City Attorney JC�TF M LCHING, City Attorney Dated: COUNTY OF RIVERSIDE By: Marion Ashley, Chairman, Board of Supervisors ATTEST: APPROVED AS TO FORM: GREGORY P. PRIAMOS, KECIA HARPER-IHEM County Counsel Clerk of the Board By: GREGORY P. PRIAMOS, County Counsel By: Deputy SEAL COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSINORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016 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. Dated: CITY OF CANYON LAKE By: JO AN EHRENKRANZ, M or ATTEST: APPROVED AS TO FORM: Ariel Hall, ELIZABETH MARTYN, City Clerk City Attorney By: (FAAgA " AYA'm.t ELIZ'AtETH MARTYN, City Attorney By: (SEAL) Dated: 22 CITY OF LAK LISNORE By: NOS, Y ATTEST: DIANA GIRON, APPROVED AS TO FORM: City Clerk BARBARA 1^EiLB6I D, LEI 130Ly> City Attorney By: B RBARA It-le-(130L�-) City Attorney By: —A'�- (SEAL) COOPERATIVE AGREEMENT AMONG CITY OF CANYON LAKE,CITY OF LAKE ELSINORE,CITY OF MENIFEE&COUNTY OF RIVERSIDE September ,2015- ,2016