association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act( s ), omission( s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant's Authorized Initials ---
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
ATTEST:
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CITY:
CITY OF LIVINGSTON, a municipal
corporation
Jose A. Moran, Mayor
CONSULTANT:
By: _____________ _
Name: Valerie Gaeta-Phillips
Title: President
By: ______________ _
Name: Gary Phillips
Title: Chief Financial Officer
Address: __ =1~54~4~E=u=r=ek=a~R=d,~S=t=e~2=8~0 __
Roseville CA 95661
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF PLACER
On 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORA TE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
□ PARTNER(S) □ LIMITED
□ GENERAL NUMBER OF PAGES
□ ATTORNEY-IN-FACT
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR
□ OTHER DA TE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01222.0001/64360 I.I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF PLACER
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL
□ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
□ PARTNER(S) □ LIMITED
□ GENERAL NUMBER OF PAGES
□ ATTORNEY-IN-FACT
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR
□ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01222.0001/643601.l
EXHIBIT "A"
SCOPE OF SERVICES
THE RECRUITMENT PROCESS
Bob Murray & Associates' recruiters are specialists in finding positive placements and providing security and fairness to candidates and clients while ensuring the integrity of the search process.
We understand that superlative recruiting for the City Manager will lead to superlative results for the City of Livingston. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.
STEP 1 DEVELOP THE CANDIDATE PROFILE
Our understanding of the City of Livingston's needs will be key to a successful search.
Stephanie Dietz will meet with the City Council and key stakeholders to learn as much as possible about the ideal candidate for the City Manager position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Livingston.
Ms. Dietz will review and help define the City's wish-list regarding the ideal candidate's personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Council and Ms. Dietz will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.
Optional Service: CoJJmmni(y and Skifflnvolvemenl
We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equit'lble involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.
If the City of Livingston so desires, we will work with the City Council to create a customized community and/ or staff input process.
STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS
Ms. Dietz and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Livingston to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Livingston that you feel best represent your organization and your community.
Bob :t\lurray & ,-\ssociates Proposal for I he Cit)' of Livingston Page 2
Upon your approval, Ms. Dietz will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the City Manager position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions.
Three sample brochures are included in this proposal package for your reference.
Ms. Dietz will also design an effective advertising campaign appropriate for the City Manager recruitment. Our broadest outreach comes through our active social media involvement on Facebook, Linkedln, and Twitter, where upcoming and current positions are posted. Sources such as Western Ciry Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to the City Manager field.
Suggested City Manager-specific advertising sources for the City of Livingston's search include:
.., ICMA Newsletter
.,,, League of Women in Government
"ft National League of Cities
.,,, California City Management Foundation
• California City News
Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.
Reaching Diverse Candidates
Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women's Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.
Ms. Dietz will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Livingston, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the City Manager position.
STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over timetime that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential Bob i\lurrar & ,\ssociates Proposal for the Ci IT of Livingston Page 3
applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the City Manager recruitment.
STEP 4 SCREEN CANDIDATES
Following the closing date for the recruitment, Ms. Dietz will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Ms. Dietz will discuss with the City Council how the City of Livingston wishes to proceed with these candidates.
STEP 5 CONDUCT PRELIMINARY INTERVIEWS
Ms. Dietz will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses for our clients and increase efficiency in the search process, these interviews are typically conducted via Zoom or other convenient video conferencing applications.
STEP 6 SEARCH PUBLIC RECORDS
Under the direction of Ms. Dietz, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include LexisNexis ™, Google, social media, and our contacts in the field. This will alert Ms. Dietz to any further detailed inquiries we may need to make before our recommendations are finalized.
STEP 7 MAKE RECOMMENDATIONS
Based on our findings during the preliminary interview process, Ms. Dietz will recommend a limited number of candidates for your further consideration. She will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.
We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:
• Candidate list with Recommended Finalists identified in Groitp 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates • Summary of experience and education for each Recommended Finalist candidate ~ Complete cover letter and resume for each Recommended Finalist candidate • List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.
Bob Mw:ray & ,\ssociates Proposal for the City of Livingston Page -IPage 148 STEP 8 FACILITATE FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Livingston to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Council and key stakeholders, community/ employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Ms. Dietz helps the City of Livingston to design.
Ms. Dietz will be present on-site during the inte1views to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:
v Recruitment brochure with candidate profile
• Interview schedule
.,, Suggested inte1view questions
"' Experience summary, cover letter, resume, and rating form for each candidate
v Ranking forms for use during the panel interview process Bob f'durray & Associates Proposal for the City of Livingswn Page 5
We will work closely with your staff to coordinate and schedule interviews. Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates' perception of your organization.
STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Ms. Dietz and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate's abilities but who may not be on their preferred list of contacts.
Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates' degrees.
STEP 10 AsSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Ms. Dietz knows what other organizations have done to put deals together with great candidates and what the current market is like for City Manager positions in organizations like the City of Livingston's. She will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.
All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01222.0001/643601. I B-1
EXHIBIT "B"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
TASK CHARGE SUBTOTAL
TASK 1 - KICKOFF $3,500 $3,500
TASK 2-AD & RECRUITMENT $1,500 $5,000
BROCHURE
TASK 3 - OUTREACH $5,800 $10,800
TASK 4- RESUME SCREENING $1,200 $12,000
TASK 5- PRELIMINARY INTERVIEWS $5,500 $17,500
TASK 6-PUBLIC RECORDS SEARCH $800 $18,300
TASK7-RF $3,200 $21,500
TASK 8-INTERVIEWS $2,500 $24,000
TASK 9 - BKGS/REFS $1,500 $25,500
TASK 10 - NEGOTIATIONS $0
TOTAL $25,500
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed, (Milestones accomplished during the billing period)
B. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
C-1 01222.0001/64360 I.I
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
:tvionth 1
Week 1
Candidate
Profile
Weeks 2-4
De,·elop & Print
Brochure
Week4
Place Ads
Week4
Begin Recruiting
Month 2
WeekS
Distribute
Brochure
\X'eeks 6-8
Continue
Recruiting
N1onth 3
Week9
Screen
Candidates
Week 10
Preliminary
Interviews
Week 11
Search Public
Records
Week 12
Recom1nend
Finalists
:Month 4
Week 13
Finalist
Interviews
Weeks 13-14
Backgrounds &
References
Appointment
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
D-1
01 222 0001/643601.1
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT
Discussion and Direction Regarding Economic Development July 16, 2024
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Discuss and provide direction on economic development opportunities, gathering data, and reporting back to the Mayor and City Council.
BACKGROUND AND DISCUSSION:
Council members Jason Roth and Mayor Jose Moran have both identified the following opportunities:
1. ICSC (International Council of Shopping Centers) attendance
2. Desire to obtain "leakage" reports on opportunities for future economic development opportunities
Staff is seeking direction on whether the Council would like to identify the potential costs for both items as well as additional information the Council may seek information on. 01424.0002/990632.1 Page 1 of 1
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT
Council Direction for Main Street Banner Permit and Installation Policy
July 16, 2024
Christopher Lopez, Interim City Manager
RECOMMENDED COUNCIL ACTION
Discuss and direct staff to develop a policy to allow groups other than the city to be able to hang a street banner across Main Street.
BACKGROUND/DISCUSSION
With the downtown renovation project, the city has two poles that will hold double sided street banners. The banner dimensions are thirty feet wide by three feet tall.
A local non-profit has requested to have a banner placed in one of these areas. Currently staff faces several items that we are seeking Council direction on including the following:
1. The City does not have a current policy
2. The City would incur costs to install and remove the banners
3. Need to have uniform requirements on banner types
4. Need to have requirements/standards on what the City will approve including the types of advertisements (non-profits promotional events, civic events, etc.) Staff has other items that may be of interest to the Council:
1. Allow only local non-profits to have their banners hung.
2. Staff would need to reasonably estimate the amount of time required to install a banner
3. Banners should have a certain amount of time that they will be displayed
4. The type of font used, advertisements, and symbols may be limited based on Council feedback
RECCOMENDATION:
1. Staff recommends that the council discuss and provide direction on the development of a policy to be utilized and potential fee for recovery of City Public Works costs to install a banner
STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Authorizing the Interim City Manager to Execute a Memorandum of Understanding (MOU) with Merced County for Stop Gap Funding in an Amount not to exceed $90,000
MEETING DATES: July 16, 2024
PREPARED BY: Christopher Lopez, Interim City Manager
REVIEWED BY: Roy Santos, City Attorney
RECOMMENDATION
City Council approve Resolution No. 2024- __ "A Resolution of the City Council of the City of Livingston Authorizing the Interim City Manager to execute a Memorandum of Understanding (MOU) with Merced County for Stop Gap funding in an amount not to exceed $90,000.
BACKGROUND:
On February 7, 2023, the Livingston City Council was scheduled to discuss an agreement with Merced County for enhanced staffing at Station 96 in the City of Livingston. The agenda item proposed staffing at a 2-0 level at a cost of $399,903 to the city for the increased staffing. The proposed cost to the City of Livingston was proposed based on the call for service volume and was the rationale for the City's proportion of costs. That evening, the then Acting City Manager pulled the agenda item from discussion.
Within a couple of months, Merced County notified the City that it was increasing the contract amount to $750,000 (from $399,903). Currently, Livingston residents contribute approximately $1 ,007,010 in fire parcel tax revenues to the County which it currently retains. The Livingston parcel tax revenues in excess of $1 M plus the proposed $750,000 would mean Livingston resident contributions would total $1 .8M. Based on total station costs of approximately $2.3M, city residents would be required to pay nearly 80% of the total station costs. Station 96 currently responds to Livingston calls for service as well as County calls for service. In 2022, the total calls for service totaled 61 % Livingston calls, and 39% County resident calls.
Once presented with this information of the increase to $750,000, the City Manager's Office questioned why the City of Livingston would be paying nearly 80% of the costs when Station 96 personnel respond to city and county calls.
In late January 2024, the City was notified that the County had "drafted" a proposal to potentially close the Livingston station as well as numerous other stations. This document was provided as an attachment to the February 6, 2024, meeting of the Mayor and City Council to undertake community wide polling for a potential sales tax measure since the City does not have an additional $750,000 in revenues. Since that time, the Mayor and City Council have approved a special tax ballot question to go before the voters in the November 2024 election which would enact a 1 % special tax for public safety services.
1
STAFF REPORT
The City of Livingston has always understood the need for additional funding necessary for a higher level of staffing and remains open to discussing an equitable arrangement which does not unfairly burden Livingston taxpayers.
DISCUSSION:
On April 9, 2024, the Merced County Board of Supervisors had a discussion related to the potential closure of Livingston Station 96. The Board of Supervisors ultimately continued the conversation until May 7, 2024. The closure would go into effect July 1, 2024.
At this Board meeting, the City Manager's Office and City Council members voiced their concern, thoughts, and questions to the Board of Supervisors related to the potential action.
The County Board of Supervisors eventually approved the closure of Station 96 effective October 1, 2024.
CITY OF LIVINGSTON PROPOSALS:
Since the April 9, 2024, Board meeting, the City Manager's Office provided the County CEO's Office with two proposals to keep Station 96 operational.
The City's proposals to the County include the following:
1. Stop gap funding via overtime from July 1, 2024-Safer Grant determination to avoid potential station closure.
a. The County should run the analyses to provide an estimated cost i. Cal Fire staff has provided estimated total overtime costs totaling approximately $28,000--$30,000 per month.
b. The County should provide their rationale for their funding contribution. c. The City would provide its faire share of OT costs
2. Station 96 Cost split via calls for service listed below which takes the total Station cost of $2.3M and splits it 61 % City, 39% County
a. The City's portion would be $409,441/year after factoring in fire parcel tax revenue.
On April 16, 2024, the Mayor and City Council of the City of Livingston approved both options and provided direction to the City Manager's Office to move forward on the above-mentioned items.
Merced County was receptive to the idea of the stop gap funding agreement and have drafted the attached stop gap funding agreement for the Council's consideration.
Key portions of the agreement include the following:
1. City will be provided itemized records for actual hours worked by personnel
2. The agreement will not exceed $90,000 or $30,000/month
3. Staffing will be provided on a 2-0 basis at Station 96 via overtime The City Manager's Office has discussed the stop-gap agreement with Cal Fire personnel and Cal-Fire management to assess the viability of the stop-gap agreement. Cal Fire Management has conveyed their support for the enhanced level of service for the interim period. 2
STAFF REPORT
It should be noted that Merced County has submitted a SAFER Grant which would cover the costs for additional personnel for a period of three years. The County should receive notification of whether it was awarded the grant sometime soon.
On June 14, 2024, the City Manager's Office met with the County CEO's Office to work towards a longer-term agreement in the event the SAFER Grant is not awarded, and the City conveyed its desire to work towards a solution in partnership with the County.
The County has advised the City that their preference is to work towards the stopgap agreement and not on a potential longer-term agreement at this moment.
ALTERNATIVES
The Council can choose not to approve the agreement and provide alternative direction.
ATTACHMENTS
1. Resolution
2. Proposed MOU
3
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN MERCED
COUNTY AND THE CITY OF LIVINGSTON FOR A STOP GAP FUNDING
AGREEMENT AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE
WHEREAS, THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by and between the County of Merced (“Merced County”) and the City of Livingston for the purposes set forth below; and
WHEREAS, Merced County and the City of Livingston are committed to working together in providing high-quality emergency services; and
WHEREAS, Merced County shall provides fire services to the City of Livingston via CalFire personnel;
WHEREAS, the Livingston Mayor and City Council provided previous direction to the Coty Manager’s Office to develop this agreement;
WHEREAS, the Finance Department has included the potential expenditure in the City’s FY 24/25 Budget; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVINGSTON, THAT:
1. The above recitals are true and correct.
2. The City Manager of the City of Livingston is authorized to execute the agreement.
3. This resolution is effective immediately upon adoption.
I hereby certify that the foregoing Resolution No. 2024- ___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of June 2024, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTY OF MERCED
AND
CITY OF LIVINGSTON
CONTRACT NO. ___________
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Livingston (hereinafter referred to as "City").
WHEREAS, County and City desire to implement limited-term, Stop-Gap Fire Protection Services as detailed in Exhibit A – Scope of Stop-Gap Fire Protection Services; and WHEREAS, City desires to fund two (2) fire personnel twenty-four (24) hours per day at the Livingston Fire Station in order to provide strengthened fire suppression/prevention capabilities for the City located within the City of Livingston; and WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and other emergency incident response; and
WHEREAS, County fire protection services are provided under a Cooperative Fire Services Agreement with CAL FIRE; and
WHEREAS, the parties desire to conduct a complete service level analysis to provide comprehensive fire protection services; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. SCOPE OF SERVICES
County shall provide comprehensive fire protection and other emergency incident response services, City Familiarization Training, and pre-planning documents in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit A – Scope of Stop-Gap Fire Protection Services.
Exhibit B – Personnel Cost by month.
2. TERM
The term of this Agreement shall commence on the 1st day of July 2024, and continue until the 30th day of September 2024.This Agreement may be terminated without cause by either City or County upon written notice of termination given to the other party at least thirty (30) calendar days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated under Section 8 - Notices; or to such other address as may be designated by written notice.
3. COMPENSATION
The City agrees to pay the County a Total Agreement Price of Thirty Thousand Dollars and No Cents ($30,000.00) per month. Total agreement price not to exceed Ninety Thousand Dollars and No Cents ($90,000.00). The overtime personnel costs will be billed to the City on a monthly basis upon County’s receipt and review of charges. City shall pay amounts due within thirty (30) days following the receipt of an invoice from County.
4. NO EMPLOYMENT OR AGENCY RELATIONSHIP
This Agreement is a funding agreement only. Nothing in this Agreement shall be construed to create any employment or agency relationship between the parties or their officers, employees, or agents. The fire service personnel for which funding is provided under this Agreement are not employees of City, and the County shall be responsible for all wages and other employment benefits and is solely responsible for the supervision and management of said employees.
5. INSURANCE
The parties shall maintain, at their own expense, Commercial General Liability Insurance, Automobile Liability insurance, and Workers’ Compensation insurance in such forms and amounts sufficient to cover claims arising from the duties and responsibilities under this agreement.
6. INDEMNIFICATION
To the full extent permitted by law, City agrees to indemnify, defend and hold harmless the County, its officers, employees and agents against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened that may be asserted or claimed by any person, firm or entity arising out of the negligence or willful acts or omissions of the City or its employees, agents, and subcontractors, except claims or liabilities occurring as a result of County’s (including County’s officers, employees, agents, and subcontractors) negligence or willful acts or omissions. This provision shall not constitute a waiver by the Parties of the requirements of state, federal or local law governing claims or legal actions asserted against public agencies and/or entities. Further, the indemnity obligation contained within this Agreement shall be binding on successors and assigns of the Parties and shall survive termination or expiration of this Agreement.
7. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document(s) incorporated herein by specific reference (Exhibit A and Exhibit B) contain all the terms and conditions agreed upon by the parties. No other contracts, oral or otherwise, regarding the subject matter of this Agreement shall have any validity or bind any of the parties unless specifically identified within the Agreement.
8. RECORDS AND INSPECTIONS
County shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, City shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
9. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o City of Livingston
Merced County Fire Department Attn: City Manager
Attn: Division Chief 1416 C Street
3500 N Apron Ave Livingston, CA 95334
Atwater, CA 95301
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
Signature page to follow
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as the day and year first hereinabove written.
County of Merced City of Livingston
By Rodrigo Espinosa By Christopher Lopez
_______________________ _____________________________
Board Chair, Board of Interim City Manager
Supervisors
_______________________ ____________________________
Date Date
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
By___________________________
Rina M. Gonzales
Deputy Chief County Counsel
_____________________________
Date
Exhibit A
Scope of Stop-Gap Fire Protection
Services
The following details the fire protection services, by category, provided under this Agreement. While this Agreement is to fund two fire personnel for the Livingston Fire Station, this scope of services memorializes the specific services that are typical of standard fire protection services and delineates organization responsibility where necessary.
Staffing:
• County shall assign staff to the Livingston Fire Station located at 1430 “C” Street in the City of Livingston with a minimum of two (2) personnel twenty-four (24) hours a day, seven (7) days a week.
• City’s Fire Station will be a “priority” cover station in the event the assigned staff at the Livingston Fire Station are committed to an incident.
Response by Type of Incident:
• County shall provide “all-risk” emergency response including Basic Life Support services that include Automatic External Defibrillation. • Emergency Medical Service, Hazardous Material Level 1, Public Assist – one (1) Fire Engine
• Hazardous Material Level 2 – one (1) Battalion Chief, one (1) Type One Hazardous Material Unit, one (1) Fire Engine
• Vehicle Accident, Vegetation or Vehicle Fire, Fire Alarm Sounding – two (2) Fire Engines.
• Structure Fire - one (1) Battalion Chief, four (4) Fire Engines o Request Mutual Aid from the City of Atwater and/or City of Merced for apparatus, as needed
• Commercial Fire – two (2) Battalion Chiefs, six (6) Fire Engines, one (1) Rescue, two (2) Water-tenders
o Request Mutual Aid from the City of Atwater and/or City of Merced for additional apparatus, as needed
Training:
• Personnel assigned to the Merced County Fire Department shall complete a minimum of four (4) hours familiarization training of the City upon being assigned. • Personnel assigned to Merced County Fire Department; Battalion 19 shall annually complete a minimum of sixteen (16) hours familiarization training of the City.
• Personnel assigned to the Livingston Fire Station shall annually complete a minimum of forty (40) hours familiarization training of the City. • Paid Call Firefighters/Emergency Responders assigned to Merced County Fire Department; Battalion 19 shall annually complete a minimum of four (4) hours familiarization training of the City.
• Paid Call Firefighters/Emergency Responders assigned to the Livingston shall annually complete a minimum of eight (8) hours familiarization training of the City.
Exercises:
• County shall annually complete a minimum of two (2), four (4) hour exercises at City consisting of an “all-risk” fire response.
• County will extend invitations to the Merced City and Atwater City Fire Departments for scenario-based exercises utilizing personnel and apparatuses. • County shall annually participate in a minimum of four (4) tabletop exercises.
These tabletop exercises are coordinated by City personnel.
Prevention:
• County, in coordination with City ’s Lead Designated Fire Marshal or designee, shall complete pre-fire plans on all new buildings.
• County, in coordination with City ’s Lead Designated Fire Marshal or designee, shall annually review pre-fire plans including knox box key verification. • County, in coordination with City ’s Lead Designated Fire Marshal or designee, shall annually conduct weed abatement and education facility inspections. • City shall provide information, such as detailed building plans, for the development of pre-fire plans.
Exhibit B
Personnel Cost by Fiscal Year
FY 24/25 July 1 - July 31, 2024 $30,000
FY 24/25 August 1 - August 31, 2024 $30,000
FY 24/25 September 1 - September 30, 2024 $30,000
Agreement Cost $90,000
Hourly Rate 24Hr Benefit Sub Total 30 days Admin Total
CAPT $ 41.93 $ 1,006.32 $ 14.59 $ 1,020.91 $ 30,627.35 $ 3,678.34 $ 34,305.69 FAE $ 31.77 $ 762.48 $ 11.06 $ 773.54 $ 23,206.08 $ 2,787.05 $ 25,993.13 Total Monthly Cost $ 60,298.82