HomeMy WebLinkAboutAgenda Item No.12CITY Ot
LADE LSINOIZE
DREAf. EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: DECEMBER 11, 2012
SUBJECT: ROSETTA CANYON FIRE STATION —STATION #97
Recommendation
1) Approve and authorize the Mayor to execute A Cooperative Agreement To
Provide Fire Protection, Fire Prevention, Rescue And Medical Emergency
Services For The City Of Lake Elsinore (Fiscal Year 2012/13 Through
2015/2016).
2) Approve and authorize the Mayor to execute the Implementation Agreement
Between The City Of Lake Elsinore And The County Of Riverside To Share
The Cost Of A Quint Fire Truck.
Background
Rosetta Canyon Fire Station #97 was constructed in 2010 and, subject to basic
tenant improvements, is available for operations. This station was always envisioned
to be a Joint City /County Station with joint funding for a Fire Engine and Truck
operation out of this facility. Based on an analysis by Cal Fire, the City of Lake
Elsinore and Riverside County, it has been determined that Station #97 should be
staffed in Fiscal Year 2013/2014. To implement this decision, the City of Lake
Elsinore must prepare the Station for operations, purchase the fire apparatus for the
Station and pay /budget for staffing costs. Recognizing that Station #97 will serve
County residents and businesses as well as those in the City, the City engaged in
discussions with the County to secure a commitment to pay a portion of the staffing
costs and contribute funds toward the purchase of a Quint Fire Truck.
AGENDA ITEM NO. 12
Page 1 of 22
Rosetta Canyon Fire Station — Station #97
December 11, 2012
Page 2
The Fiscal Year 2012/2013 CIP provides for the purchase of a Quint Fire Truck.
This apparatus requires a 4- person crew including one paramedic. The Quint Fire
Truck is capable of carrying water and fighting fires as a self- contained unit that will
be equipped with associated medical equipment for paramedic use. The Quint Fire
Truck is also a ladder truck that can perform technical and heavy rescue operations
in the City. Authorization to order the equipment was contingent on an agreement
with Riverside County to pay a share of the staffing costs.
Discussion
On December 4, 2012, the County Board of Supervisors approved two agreements:
1) a Cooperative Agreement To Provide Fire Protection, Fire Prevention, Rescue
And Medical Emergency Services For The City Of Lake Elsinore (Fiscal Year
2012/13 Through 2015/2016), and 2) an Implementation Agreement Between The
City Of Lake Elsinore And The County Of Riverside To Share The Cost Of A Quint
Fire Truck.
The Cooperative Agreement provides for the County, through its Cooperative Fire
Programs with Cal Fire, to provide the City of Lake Elsinore with a full range of fire
protection, fire prevention, disaster preparedness and rescue and medical
emergency services. In addition to the general terms and conditions of these
citywide services, the Cooperative Agreement also commits the County to contribute
toward the staffing and initial outfitting of Station #97. The Implementation
Agreement commits the County to contribute $300,000 toward the purchase of the
Quint Fire Truck.
Together these Agreements provide for participation by the City and County to
accomplish the opening of Station #97 in July 2013 and the immediate purchase of
the Quint Fire Truck to be equipped and put into service at Station #97 in July 2014.
The business terms of these Agreements are summarized as follows
The City will immediately order the Quint Fire Truck. The County will
contribute $300,000 towards the $950,000 purchase price of the Quint Truck.
The City will fund the balance of the purchase price with a $150,000 deposit
due immediately and the remaining $500,000 payable upon delivery.
The Rosetta Canyon Station # 97 will be operational on July 1, 2013. The City
will complete the tenant improvements. The County agrees to fund 50% of
the furniture, fixtures and equipment up to $100,000.
Until the Quint Fire Truck is delivered and placed into service (anticipated July
2014) the County will provide the City with a Fire Engine to open Station #97.
The City will fund the 3- person Engine staffing beginning on July 1, 2013.
Page 2 of 22
Rosetta Canyon Fire Station — Station #97
December 11, 2012
Page 3
• When the Quint Fire Truck is placed in service, the County has agreed to fund
the Fire Captain position of the 4- person crew. The City will fund the other
three positions; namely, Fire Engineer, Firefighter and Fire Paramedic. The
total estimated cost for the four (4) person crew is $1.5 million per year (24
hour /365 days a year staffing). The County share will be $500,000 annually
and the City's annual share will be $1,000,000.
The outcome of these Agreements is that Station #97 will open July 1, 2013, with the
City paying $300,000 less for the Quint Fire Truck than projected, and the County
will contribute $500,000 annually to the ongoing staffing costs of Station #97
estimated on July 1, 2014. The process to move forward is for the City, under the
lead of Cal Fire, to order a Quint Fire Truck (photo attached). This addition will
significantly increase the City's response capabilities and once operational, will also
allow the City's residents and businesses to benefit because their property insurance
rates, as determined by the ISO, should be reduced. This will happen as the City's
fire protection will be greatly enhanced with the opening of Station #97 and the
addition of the truck.
Effective 1/1/14, the City of Lake Elsinore will pay the cost of the Captain for each
shift until 6/30/14. Effective 7/1/14 and beyond, the Captain for each shift will be
paid for by the County, and the City will pay for the 3- person crews.
Authorize the City Manager to proceed with improvements required to house fire
personnel at Station #97. The estimated cost is $200,000. $100,000 for furniture
fixtures and equipment will be paid by Riverside County, leaving $100,000 for
cabinets and other tenant improvements to be paid by Lake Elsinore from Fund 232.
Fiscal Impact
The City will make a $150,000 deposit at the time the Quint Fire Truck is ordered.
The deposit will be paid from funds available in the City's Fire Facilities Fund. The
$500,000 balance of the City's share of the purchase price will be paid from
available funds in the City's Fire Facilities Fund and /or the City's General Fund. In
the event sufficient funds are not available, the City Manager will be authorized to
borrow necessary funds from Fund 231 (Library Fund) to be repaid from Fire
Facilities Impact Fees. The details of the funding mechanism will be presented as
part of the Fiscal Year 2013/2014 budget.
Funds are available in Fund 232 (Fire Facilities Fund) to pay for the City's share of
the tenant improvements and $200,000 was included in the Fiscal Year 2012/2013
CIP. The City will begin incurring its share of the staffing costs for the 3 person crew
including paramedic on 7/1/13. The cost is estimated to be $1,000,000.
Page 3 of 22
Rosetta Canyon Fire Station — Station #97
December 11, 2012
Page 4
Prepared and
Approved by: Grant M. Yates
City Manager
Attachments:
1) A Cooperative Agreement To Provide Fire Protection, Fire Prevention,
Rescue And Medical Emergency Services For The City Of Lake Elsinore
(Fiscal Year 2012/13 Through 2015/2016.
2) Implementation Agreement Between The City Of Lake Elsinore And The
County Of Riverside To Share The Cost Of A Quint Fire Truck.
Page 4 of 22
A COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF LAKE ELSINORE
(Fiscal Year 2012/13 through 2015/2016)
THIS AGREEMENT, made and entered into this day of
2012, 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 Lake Elsinore, a municipal
corporation, (hereinafter referred to as "CITY "). COUNTY and CITY hereinafter may be individually
referred to as a "Party" and collectively referred to as the "Parties ". The Parties agree as follows:
SECTION 1: PURPOSE
A. 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, disaster
preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue
response, medical emergency services, and public service assists (hereinafter called "Fire Services ").
This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603,
55603.5, 55606, 55632 and 55642, and will provide a unified, cooperative, integrated, and effective fire
services system. COUNTY's ability to perform under this Agreement is subject to the terms and
conditions of the CAL FIRE Agreement.
B. This Agreement is also to coordinate the opening of Station #97 (Rosetta Canyon Fire
Station, hereinafter "Station #97 "), a fire station that was constructed in 2010, but has never been
occupied. Based on an analysis by CAL FIRE, CITY and COUNTY, it has been determined that Station #97
should be operational and staffed by the beginning of Fiscal Year 2013/14.
C. As part of the negotiations and in consideration of the cost for providing Fire Services to
the CITY, the CITY and COUNTY desire a cost sharing agreement related to the equipment, operations
and staffing of Station #97. Station #97 will provide services to the incorporated territory of the City of
Lake Elsinore as well as to unincorporated territory in the County of Riverside.
D. Under the lead of COUNTY and in furtherance of the CITY's goal to operate and staff
Station #97, the CITY will purchase a new 4- person Quint Fire Truck ( "Quint Truck "), capable of carrying
water and fighting fires as a self- contained unit that will be equipped with associated medical
equipment for paramedic use. Concurrent with this Agreement, the Parties have entered into that
certain Implementation Agreement to Share Cost of Quint Fire Truck between COUNTY and CITY
( "Implementation Agreement ") that covers the cost sharing agreement as it relates to the CITY's
purchase of the Quint Truck. Pursuant to the Implementation Agreement, the CITY shall order the Quint
Fire Truck. Each Quint Fire Truck is custom constructed and takes approximately one (1) year to receive
fully equipped.
E. For the purposes of the staffing and initial outfitting of Station #97, the Parties agree as
follows:
Cooperative Fire Agreement City of Lake Elsinore
Page 1 of 10 Page 5 of 22
(1) CITY and COUNTY agree to cost share equally, dollar for dollar, in the Station
#97 Company Costs ( "Station Comp ") which includes household, kitchen, and janitorial items along with
furniture, fixtures, and equipment ( "FFE ") estimated to be $160,000; provided, however, that the
COUNTY's share of Station Comp and FFE shall not to exceed $100,000. Any additional FFE outside of
the COUNTY Standard Station Comp and costs in excess of the foregoing limit will be the responsibility
of the CITY.
(2) CITY will open Station #97 on July 1, 2013.
(3) CITY will own and maintain Station #97. This includes all repairs, maintenance,
and capital improvements to Station #97.
(4) CITY agrees to purchase the Quint Truck as provided in the Implementation
Agreement pursuant to the cost sharing and related rights and obligations as provided therein with
respect to the purchase and ownership of the Quint Truck.
(5) Until the Quint Truck is placed into service, COUNTY will loan a Type I Fire
Engine to the CITY to place into service from the Station #97. The full cost of maintenance and
insurance of this Type 1 Fire Engine will be covered by the COUNTY and allocated to the CITY as part of
the Cost Allocation Plan Fleet Support.
(6) The CITY will staff and pay for three (3) person medic truck staffing for said Type
I Fire Engine at the rate specified in the attached "Exhibit A"
(7) When the Quint Truck is received and ready to place into service, the COUNTY
Type I Fire Engine will be returned to the possession of the COUNTY.
F. Upon the in- service date of the Quint Truck, Station #97 will be staffed with a four (4)
person medic truck staffing, pursuant to the terms of this Agreement and costs shall be allocated as
follows:
(1) The CITY will pay for the cost of three (3) Engineers, three (3) Firefighter Ils, and
three (3) Medic Firefighter Its at the rate specified in the "Exhibit A ".
(2) The COUNTY will pay for the cost of three (3) Fire Captains of the four (4) person
medic truck staffing.
SECTION II: DESIGNATION OF FIRE CHIEF, STAFFING AND EQUIPMENT
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. CITY may budget for the position of a Deputy Chief or a Division Fire Chief or COUNTY
may assign an existing Chief Officer as the Contract City representative ( "City Representative "). The
CHIEF may delegate certain authority to the City Representative, as the CHIEF's duly authorized designee
and the City Representative shall be responsible for directing the Fire Services provided to CITY as set
forth in Exhibit "A ".
Cooperative Fire Agreement City of Lake Elsinore
Page 2 of 10 Page 6 of 22
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.
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."
Exhibit "A" may be amended in writing by mutual agreement by both Parties in the event of an increase
and /or decrease of salary or expenses or when CITY requests an increase and /or decrease in services.
1. 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." There
shall be no obligation on the part of CITY to expend or appropriate any sum in excess of Exhibit "A"
which exceeds the yearly appropriation of CITY for the purposes of this Agreement. 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 failed to agree 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. Personnel reductions resulting solely due to an increase in employee salaries or
expenses occurring after signing this Agreement and set forth in Exhibit "A" to this Agreement shall not
be subject to relocation expense reimbursement by CITY, as outlined in Section III, B. If CITY desires to
add funds to the total included herein to cover the cost of increased salaries or services necessitated by
actions described herein, such increase shall be accomplished by an amendment to Exhibit "A" and
approved by the Parties hereto.
2. In the event CITY requests an increase in services and paragraph A.1. of this
Section is not applicable, an amendment to Exhibit "A" may be approved by the Parties hereto.
B. COUNTY provides fire personnel, equipment and services through its CAL FIRE
Agreement. In the event CITY desires a reduction in CAL FIRE or COUNTY civil service employees or
services assigned to CITY as provided for in Exhibit "A," when paragraph A.I. of this Section is not
applicable, CITY shall provide one hundred twenty (120) days written notice of the requested reduction.
Proper notification shall include the following: (1) the total amount of reduction; (2) the effective date
of the reduction; and (3) the number of employees, by classification, affected by the proposed
reduction. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by
COUNTY because of the reduction, in addition to any other remedies available resulting from the
reduction in services.
C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement in an
amount not to exceed that set forth in Exhibit "A," as amended from time to time. COUNTY shall make a
claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis.
CITY shall pay each claim within thirty (30) days after receipt thereof.
Cooperative Fire Agreement City of Lake Elsinore
Page 3 of 10 Page 7 of 22
D. 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.
E. _ [ ) (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.
F. [ ) (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. In the event that a fire
engine which was initially purchased by the CITY and then the CITY elects to have the COUNTY take
responsibility of said fire engine(s), the following will apply. The COUNTY will be responsible for
maintaining and repairing said fire engine(s). The insurance responsibility will be dependent upon the
CITY'S option to maintain or transfer title of said fire engine(s).
G. Notwithstanding Paragraph F 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 fire engine, owned and maintained by the CITY has a catastrophic failure, the 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 Nine Hundred Forty Four Dollars ($944.00) per day, or Six Thousand
Six Hundred Eight Dollars ($6,608.00) per week.
SECTION IV: INITIAL TERMS AND RENEWAL
A. The term of this Agreement shall be from July 1, 2012 to June 30, 2016. Either Party to
this Agreement may terminate this Agreement by providing a written notice of termination to the other
Party hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given
unilaterally by COUNTY except any notice issued because of actions taken by CAL FIRE or CITY, COUNTY
agrees to continue to provide Fire Services to CITY until such time as CITY has a reasonable opportunity
to implement alternative Fire Services.
B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY
written notice of whether CITY intends to extend this Agreement or enter into a new agreement with
COUNTY for Fire Services and, if so, whether CITY intends to change the level of Fire Services provided
under this Agreement.
C. If CITY fails to provide such notice, as defined in paragraph B above, COUNTY shall have
the option to extend this Agreement for a period of up to one (1) year from the original termination
date and to continue providing services at the same or reduced level as COUNTY determines would be
appropriate during the extended period of this Agreement. Six (6) months prior to the date of
expiration of the Agreement, or any extension hereof, COUNTY shall give written notice to CITY of any
extension of this Agreement and any changes in the level of Fire Services COUNTY will provide during
the extended period of the Agreement. Services provided and obligations incurred by COUNTY during
Cooperative Fire Agreement City of Lake Elsinore
Page 4 of 10 Page 8 of 22
an extended period shall be accepted by CITY as services and obligations under the terms of this
Agreement.
D. The cost of services provided by COUNTY during the extended period shall be based
upon the amounts that would have been charged to the CITY during the fiscal year in which the
extended period falls, had a new Agreement been extended under this Section IV. Payment by CITY for
services rendered by COUNTY during the extended period shall be in accordance with Exhibit "A ", of this
Agreement.
SECTION V: TERMINATION
Subject to the provisions of Section IV of this Agreement, either Party to this Agreement may
terminate this Agreement by providing a written notice of termination to the other Party hereto no less
than one (1) year prior to the expiration of the term hereof. This Agreement may be terminated by the
voters of either the COUNTY or CITY pursuant to Government Code §55603.5.
SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under the Agreement shall be performed by both Parties to this
Agreement working as one (1) unit, therefore, personnel and equipment belonging to either CITY or
COUNTYmay be temporarily dispatched elsewhere from time to time formutual 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 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.
SECTION VIII: 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, on request of CITY, bring such an action for collection of costs incurred by
CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In
the event of recovery, COUNTY shall apportion to CITY its pro -rata portion of recovery, less the
reasonable pro -rata costs including legal fees.
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 Lake Elsinore
Page 5 of 10 Page 9 of 22
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 Fire Department for segregation, care
and use of the respective property of each.
SECTION X: FACILITY
City shall provide Fire Stations, strategically located to provide standard response time within
the City of Lake Elsinore from which fire operations shall be conducted. City shall maintain the facilities
at its cost and expense. Upon the expiration of this Agreement, 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 Fire Services performed hereunder by COUNTY, or any
part thereof, (2) this 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 County's obligation under this
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 by City 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, "Liabilities ").
Nothwithstanding the foregoing, the only 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 City's obligations under this Agreement.
Cooperative Fire Agreement City of Lake Elsinore
Page 6 of 10 Page 10 of 22
SECTION XII: AUDIT
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 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. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
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 for 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 purposed 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 by and between CITY and COUNTY representatives may be
resolved, may be resolved, by mutual agreement of the Parties, through alternate forms of dispute
resolution, including, but not limited to, mediation or non - binding arbitration. The costs associated
with the selected form of dispute resolution such as mediation or non- binding arbitration shall be
shared equally among the participating Parties. If the alternate form of dispute resolution does not
resolve the issue(s), the Parties reserve the right to seek remedies as provided by law or in equity.
Venue for litigation shall be in Riverside County.
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.
SECTION XIV: 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.
Cooperative Fire Agreement City of Lake Elsinore
Page 7 of 10 Page 11 of 22
COUNTY
County Fire Chief
210 W. San Jacinto Ave.
Perris, CA 92570
CITY OF LAKE ELSINORE
City Manager
130 South Main St.
Lake Elsinore, CA 92530
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. mail 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 XV: 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. This
Agreement does NOT supplement other specific agreements entered into by both Parties for equipment
or facilities unless specifically referenced in such specific agreements, 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 Lake Elsinore
Page 8 of 10 Page 12 of 22
IN WITNESS WHEREOF, the duly authorized officials of the Parties hereto have, in their respective
capacities, set their hands as of the date first herein above written.
CITY OF LAKE ELSINORE
BY:
ATTEST: APPROVED AS TO FORM:
DATED: COUNTY OF RIVERSIDE
CHAIRMAN, BOARD OF SUPERVISORS
JOHN TAVAGLIONE
ATTEST: APPROVED AS TO FORM:
PAMELA J. WALLS
KECIA HARPER -IHEM COUNTY COUNSEL
CLERK OF THE BOARD
BY: BY
DEPUTY ERIC STOPHER
DEPUTY COUNTY COUNSEL
(SEAL)
Cooperative Fire Agreement City of Lake Elsinore
Page 9 of 10 Page 13 of 22
EXHIBIT "A"
[SEE ATTACHED]
Cooperative Fire Agreement City of Lake Elsinore
Page 10 of 10 Page 14 of 22
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF LAKE ELSINORE
ESTIMATE V1 DATED APRIL 30, 2012 FOR FY 12/13
CAPTAIN'S
CAPTAIN'S MEDICS ENGINEER'S
STA #10
416,014
Medic Engine 166,844 r.o
285,396 2.0
STA #85
416,014
Medic Engine 166,844 f.o
285,396 2.0
STA #94
416,014
Medic Engine 166,844 to
285,396 2.0
Fixed Relief 0 oo 0 5o
0 0.0
Vacation Relief 0 oo 0 0.0
0 00
SUBTOTALS 500,531 0
856,187
SUBTOTALSTAFF 3 0
6
BATTALION CHIEF
.1,248,042
FIRE SAFETY SUPERVISOR
SUBTOTAL
ESTIMATED SUPPORT SERVICES
24.0
Administrative /Operational
Volunteer Program
to
Medic Program
Fleet Support
to
ECC Support
ConnniT Support
25.0
Hazmat Allocation
SUPPORT SERVICES SUBTOTAL
250
EST /MATED DIRECT CHARGES
FIRE ENGINE USE AGREEMENT
lo
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
_
LAKE ELSINORE ESTIMATED FIRE
TAX CREDIT
NET ESTIMATED CITY BUDGET
--
' STRUCTURAL FIRE TAXES
1,099,390
REDEVELOPMENT PASS THRU
670,018
TOTAL ESTIMATED TAX FUNDING
1,769,408
SUPPORT SERVICES
Administrative & Operational Services
34,352
Finance
Training
Procurement
Data Processing
Emergency Services
Accounting
Fire Fighting Equip.
Personnel
Office Supplies /Equip.
ENGINEER FF 11
MEDICS FF II'S MEDICS TOTALS
243,998 2.0
416,014
30 1,112,251
E.0
243,998 2.a
416,014
3.0 1,112,251
so
243,998 20
416,014
30 1,112,251
so
0 o.0 0 00
0
00 0
o0
0 oo 0 ED
0
oo 0
00
0 731,994
.1,248,042
3,336,754
0 6
9
24.0
230,305 each
230,305
to
127.015 each
127,015
to
$3,694,073
25.0
14,806 per assigned Staff"
370,150
250
6,087 Per Entity Allocation..
6,087
lo
5,874 per assigned Medics
52,866
9.o
33,384 per Fire Suppression Equip
100,152
3.0
CallslStation Basis
134,240
Calls /Station Basis -
206,088
34,352
903,935
34,303
19,200 each engine
57,600
a.o
250
$4,689,912
(1,769,408)
2,920,504
25a Assigned Staff
000 Battalion Chief Support
25.00 Total Assigned Staff
2.5 Fire Stations
4,007 Number of Calls
25 Hazmat Stations
7 Number of Hazmat Calls
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
Medic Program - Support staff, Training, Certification, Case Review & Reporting
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
E %HIrIT I
CII Or LACE ELSINORE
Page 1 o12
Page 15 of 22
FYI V13 Position Salaries Top Step
248,679 DEPUTY CHIEF
Cellular Phone
245,383 DIVCHIEF
19,200 FIREENGINE
230,305 BAT CHIEF
14,806 SRVDEL
166,844 CAPT
6,087 VOLDEL
184,768 CAPT MEDIC
5,874 MEDIC DEL
142,696 END
53,559 BATT DEL
159,689 ENG /MEDIC
11,863 ECC STATION
121,999 FF II
26.10 ECC CALLS
138,671 FF II/MEDIC
33,384 FLEET SUPPORT
127,015 FIRE SAFETY SUPERVISOR
18,211 COMMIT STATION
118,433 FIRE SAFETY SPECIALIST
40.07 COMMIT CALLS
101,475 FIRE SYSTEMS INSPECTOR
1,649 FACILITY STATION
56,023 OFFICE ASSISTANT III
520.68 FACILITY FTE
66,145 SECRETARY I
3,080 HAZMAT STATION
521600
3,543.76 HAZMAT CALLS
521660
1,845 HAZMAT VEHICLE REPLACEMENT
FYI W3 DIRECT BILL ACCOUNT CODES
520230
Cellular Phone
520300
Pager Service
520320
Telephone Service
520800
Household Expense
520805
Appliances
Cleaning and
520815
Custodial Supp
520830
Laundry Services
520MO
Household Furnishings
520845
Trash
521380
Maint- Copier Machines
621
Malm- Kitchen Equipment
MaNd -018Ce
521540
Equipment
521600
Maim - Service Contracts
521660
Mamt- Telephone
521680
Main6Undergroued Tanks
522310
Maud - Building and Improvement
522360
Maint- Erterminagon
522860
Medical- Oental Supplies
522870
Other Medical Care Materials
522890
Pharmaceuticals
523220
Licenses And Permits
523680
Of O, Equip NOn Fixed Assets
526700
Rent -Lease Bldgs
526940
Locks4O,,
527280
AwardslRecogetion
529500
Electricity
529510
Heating Fuel
529550
Weter
537240
Interfnd Exp-Uthlies
542060
Improvements - Building
E%HMIT "A' r
CITY OFt nELSINORE
Pan.z.S Page lV of 22
IMPLEMENTATION AGREEMENT
BETWEEN THE CITY OF LAKE ELSINORE AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A
QUINT FIRE TRUCK
THIS IMPLEMENTATION AGREEMENT, is made and entered into this day of
2012, 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 Lake
Elsinore a municipal corporation (hereinafter referred to as "CITY "). COUNTY and CITY hereinafter may
be individually referred to as a "Party" and collectively referred to as the "Parties ".
SECTION I: PURPOSE
A. The COUNTY contracts with the CITY, individually, 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 pursuant to a Cooperative
Agreement To Provide Fire Protection, Fire Prevention, Rescue And Medical Emergency Services For The
City Of Lake Elsinore (the "Cooperative Agreement "). Pursuant to ongoing negotiations, a Cooperative
Agreement is expected to be approved and executed concurrently with this Implementation Agreement.
Any terms not otherwise defined herein shall have the same meaning as set forth in the Cooperative
Agreement.
B. This Implementation Agreement is hereby entered into pursuant to the proposed terms
of the Cooperative Agreement, specifically with respect to the terms related to the staffing proposed in
the Cooperative Agreement for the Quint Fire Truck and Station #97.
C. The CITY, with the financial assistance of COUNTY as provided herein, will purchase a
new 4- person Quint Fire Truck capable of carrying water and fighting fires as a self- contained unit that
will be equipped with associated medical equipment for paramedic use ( "Quint Truck "). Each Quint
Truck is custom constructed and takes approximately one (1) year to receive fully equipped.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION II: COOPERATIVE OPERATIONS; EMERGENCY RESPONSES
The Quint Truck shall be dispatched, when available, to all emergencies within the jurisdictions
of the CITY and COUNTY.
SECTION 111: COST SHARE
A. Subject to the County's irrevocable commitment to contribute $300,000 to the cost of
purchasing the Quint Truck, CITY agrees to purchase a Quint Truck. This apparatus will require four (4)
person medic truck staffing, pursuant to the terms of the Cooperative Agreement for Fire Services. City
agrees to begin the procurement process for the Quint Truck within 60 days from the execution of this
Implementation Agreement, provided that the County has irrevocably committed to contribute
$300,000 as provided above.
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF�A FIRE TRUCK WITH THE CITY 9,F L -S1j`LORE
B. Funding for the COUNTY's portion of the Quint Truck, that is, $300,000, is hereby
approved and shall be irrevocably committed upon the CITY ordering the Quint Truck as provided in
Section III.A.
C. Pursuant to the Cooperative Agreement, COUNTY will loan a Type I Fire Engine to the
CITY to place into service from July 1, 2013 until June 30, 2014 or until such time as the Quint Truck is
put into active service. The full cost of maintenance and insurance of this Type I Fire Engine will be
covered by the COUNTY and allocated to the CITY as part of the Cost Allocation Plan Fleet Support.
D. Pursuant to the Cooperative Agreement, CITY will staff and pay for three (3) person
medic truck staffing for said Type I Fire Engine at the rate specified in the "Exhibit A" of the Cooperative
Agreement.
E. Pursuant to the Cooperative Agreement, when the Quint Truck is placed into active
service, the Quint Truck will replace the COUNTY Type 1 Fire Engine. The COUNTY Type I Fire Engine will
be returned to the possession and control of the COUNTY at this time and all costs associated with the
Type 1 Fire Engine will borne by the COUNTY.
F. Pursuant to the Cooperative Agreement, upon the in- service date of the Quint Truck,
the Station will be staffed with a four (4) person medic truck staffing. The Cooperative Agreement
provides for staffing as follows:
1. The CITY will pay for the cost of three (3) Engineers, three (3) Firefighter Ils, and
three (3) Medic Firefighter Its at the rate specified in the "Exhibit A" of the Cooperative Agreement.
2. The COUNTY will pay for the cost of Three (3) Fire Captains of the four (4)
person medic truck staffing.
SECTION IV: TERM
The term of this Implementation Agreement shall commence upon the execution of this
Implementation Agreement by the Parties and shall not terminate so long as the Quint Truck is utilized
for Fire Services pursuant to the Cooperative Agreement or such subsequent fire service agreements
between the CITY and the COUNTY that require use of the Quint Truck.
SECTION V: 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 activities performed hereunder by COUNTY, or any
part thereof, (2) this Implementation Agreement, including any approved amendments or modifications,
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF FIRE TRUCK WITH THE CITY F LA I[�O 11f1 Z E
2 ge
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 subject matter if
this the Implementation 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 activities performed hereunder, by CITY, or any part thereof, (2) this
Implementation 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 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 subject matter if this the Implementation Agreement..
SECTION VI. OWNERSHIP OF THE FIRE TRUCK
The CITY shall retain 100% ownership of the Quint Truck and hereby agrees to maintain required
insurance and state vehicle registration on said truck. The full cost of maintenance and repairs of the
Quint Truck shall be paid for, and undertaken, by the COUNTY and allocated to the CITY as part of the
Cost Allocation Plan Fleet Support. The full costs of any necessary capital improvements /upgrades to the
Quint Truck will be borne by the CITY directly.
SECTION VII. RIGHT OF FIRST REFUSAL
Should the CITY decide to sell the Quint Truck at any point during the Quint Truck's operational
lifetime, the COUNTY shall have the first right of refusal to purchase the truck. CITY shall advise COUNTY
of CITY's intent to sell the vehicle and offer the vehicle to COUNTY at the fair market value prior to
offering the Quint Truck to any third party. COUNTY's shall be able to purchase the Quint Truck at this
fair market value. Should the COUNTY decline to purchase the vehicle through this right of first refusal,
the CITY shall reimburse the COUNTY for its $300,000 contribution toward the initial purchase price ,
less depreciation, upon the sale of the Quint Truck to any third party.
For the purposes of this Implementation Agreement, the operational lifetime with respect to the
Quint Truck is 20 years.
Should the COUNTY exercise the right of first refusal and agree to purchase the Quint Truck at
the fair market value, the COUNTY's then current depreciated value (based on the COUNTY's $300,000
portion of the original purchase price, less depreciation) deducted from the fair market value of the
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF A QUINT FIRE TRUCK WITH THE CITY OF LAKE ELSINORE
3 of 6 Page 19 of 22
Quint Truck in order to determine the final cost to the COUNTY to purchase the Quint Truck. By way of
example only, if the COUNTY were to exercise its right of first refusal in year 10 of the operational
lifetime of the Quint Truck and the fair market value of the Quint Truck is $500,000, COUNTY final cost
to purchase the Quint Truck would be $350,000 ($500,000 fair market value less [the sum of COUNTY's
$300,000 contribution of the purchase price minus depreciation of $150,000 for 10 years use over a 20
year life]).
SECTION VII: DELIVERY OF NOTICES
All notices permitted or required under this Implementation 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 CITY OF LAKE ELSINORE
County Fire Chief City Manager
210 W. San Jacinto Ave. 130 South Main Street
San Jacinto, CA 92570 Lake Elsinore, CA 92530
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. mail 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 Implementation Agreement, whether by
written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless
made in the form of a written amendment to this Implementation Agreement, which is formally
approved and executed by all Parties.
B. JURISDICTION AND VENUE
This Implementation Agreement is to be construed under the laws of the State of California.
The Parties agree to the jurisdiction of the appropriate courts in the County of Riverside, State of
California.
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF A QUINT FIRE TRUCK WITH THE CITY F LAKE ELS NOIRE
a or 6 rage 20 oP 22
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of
the terms of this Implementation 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 Implementation Agreement shall not be
construed as in any manner changing the terms hereof, or estopping any one of the CITIES or COUNTY
from enforcement hereof.
D. SEVERABILITY
If any provision in this Implementation 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 Implementation Agreement on behalf of
the County of Riverside.
2. The CITY'S City Manager shall administer this Implementation Agreement on behalf
of CITY.
F. ENTIRE AGREEMENT
Except for the Cooperative Agreement and any subsequent fire service agreements between the
CITY and the COUNTY referenced herein which shall be enforceable in accordance with their respective
terms, this Implementation 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]
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF A 06 FIRE TRUCK WITH THE CITY Q Page O I!`!_ORE
IN WITNESS WHEREOF, the duly authorized officials of the Parties hereto have, in their
respective capacities, set their hands as of the date first herein above written.
DATED:
ATTEST:
BY:
CITY OF LAKE ELSINORE
m
APPROVED AS TO FORM:
TITLE:
COUNTY OF RIVERSIDE
CHAIRMAN, BOARD OF SUPERVISORS
JOHN TAVAGLIONE
ATTEST:
KECIA HARPER4HEM
CLERK OF THE BOARD
BY:
DEPUTY
(SEAL)
APPROVED AS TO FORM:
PAMELA J. WALLS
COUNTY COUNSEL
ERIC STOPHER
DEPUTY COUNTY COUNSEL
IMPLEMENTATION AGREEMENT TO SHARE THE COST OF FIRE TRUCK WITH THE CITY ?1F a CK� LL lN.02RE