Madera City Council
June 1, 2022

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MADERA ADDING CHAPTER 16 TO TITLE III OF THE MADERA

CITY CODE RELATING TO ADOPTION OF A MILITARY

EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 16 is added to Title III of the Madera Municipal Code to read as follows:

CHAPTER 16
Military Equipment Use Policy
3-16.01 Title of Ordinance.
3-16.02 Findings.
3-16.03 Determinations.

Section 3.16.01 Title of Ordinance
This chapter shall be titled “Military Equipment Use Policy.” Section 3.16.02 Findings.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed Military Equipment Use Policy is found within Madera Police Department Policy Section 709.

E. The Military Equipment Use Policy as set forth in Madera Police Department Manual Section 709 was published on the Madera Police Department’s internet website on __________, 2022. The Madera Police Department Policy Section 709 was presented to City Council on __________, 2022.

F. The Military Equipment Use Policy as set forth in Department Policy Section 709 meets the requirements of California Government Code section 7070, subdivision (d).

Section 3-16.03. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public hearing, the City Council determines as follows:

A. The military equipment identified in Madera Police Policy 709 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. The Military Equipment Use Policy as set forth in Madera Police Manual 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. The military equipment identified as Madera Police Manual 709 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. The Military Equipment Use Policy as set forth in Madera Police Manual 709 is approved and adopted.

E. A copy of the Madera Police Manual 709 may be obtained from the Madera Police Department or the City Clerk.

SECTION 2. CEQA. The City Council finds and determines that this ordinance is not a “project” for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. Instead, the ordinance merely provides a procedural mechanism for enforcing the City’s Municipal Code and abating nuisances so as to promote public health, safety, and welfare. As such, the adoption of this ordinance is not subject to CEQA.

SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Madera, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption. (Certification on next page)

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Madera held on _______________, 2022, and was passed and adopted at a regular meeting of the City Council held on _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Alicia Gonzales, City Clerk Santos Garcia, Mayor
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 1 Madera Police Department
Madera PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Madera Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
709
Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Madera Police Department (MPD) that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Madera Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The list set forth in Attachment A is the list of qualifying equipment for the Department:
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are providing mutual aid to this department, or operating in conjunction with this department, shall comply with their respective military equipment use policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Madera Police Department
Madera PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/24, All Rights Reserved.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 4 709.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
The Department may order up to 25% of the existing inventory of consumable items in this list in a calendar year, without city council approval, to maintain a stock available for Department needs.

MPD is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalOES in the event of an emergency when approved by the Chief of Police or designee. Consumable items include:
a. Breaching rounds
b. Distraction devices
c. Chemical agents and smoke canisters
d. 40MM munitions
e. Less-lethal 12-gauge rounds
1 | Page
ATTACHMENT A TO POLICY 709 MILITARY EQUIPMENT
SECTION 709.4
SECTION ONE: Qualifying Equipment Owned/Utilized by the Madera Police Department.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI Air S2, cost $1,500 each, quantity 3. Miniature UAS that weighs approximately 595 grams and can record video and obtain digital images with approximately 31 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for missing persons.
ii. Natural disaster management.
iii. Crime/Accident scene photography.
iv. SWAT, tactical or other public safety and life preservation missions. v. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate UASs during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Combined annual maintenance and battery replacement cost for all UASs is approximately $1,000.
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend quarterly department training. g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the MPD UAS policy.

It is the policy of the MPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal 2 | Page
law.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.
a. Description, quantity, capabilities, and purchase cost i. Avatar III, cost: $90,000 each, quantity: 1. The Avatar III is a rugged, heavyduty tactical robot that allows personnel to remotely inspect dangerous situations safely and quickly. It has stair climbing ability and an arm capable of lifting 65lbs. The Avatar III also offers microphones, speakers, and cameras for communications, and can deliver small items into unsafe environments. b. Purpose
To be used to remotely gain visual/audio data, deliver hostage negotiator phone, open doors, disrupt packages, and visually clear buildings. c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robot identified at section 2(a)(i). Use is established by the Investigations Lieutenant and/or Incident Commander.
d. Expected Life Span
15 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $250. f. Training
All robot operators complete annual basic operator training to operate the robot identified at sections 2(a)(i).
g. Legal and Procedural Rules
It is the policy of the MPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Police Department computer systems, and incident briefing room for extended events. a. Description, quantity, capabilities, and purchase cost i. 2009 Wells Cargo- model EW2824W. 28-foot-long, two-axle, bumper pulled Mobile Command Trailer, cost $41,000, quantity 1. The interior of the trailer provides three workstations with computers and mobile radios. The trailer has 3 | Page
a small refrigerator, microwave, and climate control unit. b. Purpose
To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. c. Authorized Use
The Mobile Command Center (MCC) shall be used by Officers / Volunteers trained in their deployment and in a manner consistent with Department policy and training.

Furthermore, only Officers / Volunteers who are properly licensed and have completed a driver’s training program will be allowed to drive the MCC. d. Lifespan
20 years with IT upgrades every 5 – 7 years.
e. Fiscal Impact
Annual maintenance cost is approximately $2,050.
f. Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course.
g. Legal and Procedural Rules
It is the policy of the MPD to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

4. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 breaching shotgun, cost: $500, quantity 2. This weapon allows for breachers to utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gasses to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. 4 | Page
ii. CTS 12-gauge breaching munition, #2570, cost $7 each, quantity 10. The round is fired from a breaching shotgun and is used to disrupt locking mechanisms and hinges, defeat and breach external and internal doors. iii. Royal Arms Flash Bang Cartridge FBC (Red Cap), cost: $7.50, quantity: 81, This cartridge is used with the breaching shotgun for diversionary, disorientation, breaching, and crowd control. The round is designed to breach solid wood doors, sliders, and car windows.
b. Purpose
To gain entry safely and quickly into a structure.
c. Authorized Use
Breaching with 12-gauge rounds may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Breaching shotgun – 25 years
Breaching rounds – 5 years
e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All Officers who use breaching rounds shall be certified by a POST instructor in the use of breaching rounds and equipment.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize breaching equipment only for official law enforcement purposes, and pursuant to State and Federal law.

5. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology, Flameless Tri-Chamber SAF Smoke Grenade, #1027, cost $43 each, quantity 100. The Tri-chamber flameless smoke grenade will deliver .70 oz of agent during a 20-25 second burn time. It can be used in crowd control as well as tactical deployment situations but was designed with a barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. It provides the option of delivering indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. 5 | Page
ii. Defense Technology, Riot Control Continuous Discharge Grenade, CS, #1082, cost $27, quantity 6. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload through four gas ports located on top of the canister. It can be used to conceal tactical movement or to route a crowd. The launchable grenade holds 2.7 oz of active agent.
iii. Defense Technology, Flameless Tri-Chamber CS Grenade, #1026, cost $45 each, quantity 3. The Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. It is designed primarily for indoor tactical situation to detect and/or dislodge a barricaded subject. The grenade will deliver .70 oz of agent during its 20-25 seconds burn time. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfit, and/or incapacitation of potentially violent or dangerous subjects. iv. Defense Technology, Instantaneous Blast OC #1040, cost $27, quantity 2. The Instantaneous Blast OC grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. This device is well suited for affecting numerous subjects grouped in an area, using wind to the advantage. It will deliver 1.5 oz of active agent. b. Purpose
To limit the escalation of conflict and minimize the use of more serious force options.

Situations for use of the chemical agents’ systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only Officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Training
Officers utilizing chemical agent canisters are certified by POST in the use of less lethal and chemical agents instructors.
e. Lifespan
5 years from manufacturing date.
f. Fiscal Impact
6 | Page
No annual maintenance.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. 40MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and chemical munitions. a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology, 40MM tactical 4 shot launcher, #1440, quantity 2, cost $2500 each. The 40MM multi launcher is a multi-shot pump action launcher that features an adjustable stock, integrated front grip, and an accessory rail. It features a revolving cylinder that will hold four rounds and will fire standard 40MM less lethal ammunition up to 4.8 inches in cartridge length. ii. Defense Technology Spede-Heat 40MM long-range, CS, #6182, cost $30 each, quantity 3. The Spede-Heat CS longe-range munitions delivers one chemical canister of CS agent from a 40MM launcher down range up to 150 yards. The pyrotechnic round is designed specifically for outdoor use in crowd control situations.
iii. Defense Technology Spede-Heat 40MM long-range round, SAF Smoke #6183, cost $27 each, quantity 6. The Spede-Heat SAF Smoke munitions deliver one chemical canister of SAF-smoke down range up to 150 yards. The round is designed for outdoor use in crowd control situations with a continuous burn that expels it payload in 20-40 seconds from a single source. iv. Defense Technology Stinger 40MM .60 caliber rubber ball round, #6097, cost $28 each, quantity 20. The Stinger 40MM .60 caliber round is most widely used as a crowd management tool by law enforcement. The round contains approximately eighteen .60 caliber rubber balls. It utilizes smokeless powder as the propellants. The round is generally deployed in low trajectories or skip fired in the general direction (non-target specific) of the intended targets. It is suitable for administering a means of pain compliance over a distance of 15-40 feet with non-compliant crowds.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
7 | Page
i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Training
Officers utilizing 40MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agents’ instructors. e. Lifespan
40MM Launchers - 15 years.
40MM munitions - 5 years.
f. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules
It is the policy of MPD to utilize the 40mm equipment only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

7. Less Lethal Launcher: A Less Lethal Launcher is used to deploy the less lethal 12-gauge rounds.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 Less Lethal Launcher, cost $950 each, quantity: 25. Used to deploy less lethal impact munitions. The stock and pump grip of the launcher are bright orange in color to indicate it’s use as less lethal. ii. 12-gauge Safariland drag stabilized beanbag round, #3027, cost: $5, quantity 234. A less lethal 12-gauge round that launches a ballistic fiber bag filled with 40 grams of lead shot. The effective range of this munition is at least 20 feet up to 75 feet from the target. It does not require a minimum range to “unfold” or “stabilize” and accuracy is relative to the launcher, barrel length, environmental conditions, and the operator.
b. Purpose
To limit the escalation of conflict and attempt to avoid the need for lethal force.
8 | Page
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal Launcher–
25years
Safariland drag stabilized round–No
expiration
e. Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. f. Training
All officers are trained in the use of 12-gauge less lethal launcher as a less lethal option by in-service training.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize the less lethal launcher only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

SECTION TWO: Qualifying equipment known to be owned and/or utilized by law enforcement units with which the Madera Police Department collaborates and/or participates for law enforcement purposes. The Madera Police Department participates in the Madera County Regional SWAT Team. This equipment is owned and operated by Madera County SWAT Team through the Madera County Sheriff’s Office, which could result in its deployment and/or use in the City of Madera.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.

3. Armored Vehicles: Commercially produced, wheeled, armored personnel vehicle utilized for law enforcement purposes.
9 | Page

4. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Sheriff’s Office computer systems, incident briefing room, and restroom facilities for extended events.

5. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.

6. Distraction Devices: A distraction device produces a loud noise and bright flash and is used to distract and temporarily disorient dangerous suspects during hostage rescue, room entries, or other high-risk arrest situations.

7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

8. CTS Launching Cup: Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.

9. PepperBall Launcher: A device that discharges irritant projectiles.

10.Long Range Acoustic Device (LRAD): A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

11.40MM and 37MM Launchers and Rounds: 40MM and 37MM Launchers are utilized by department personnel as a less lethal tool to launch impactrounds and chemical munitions.

12.Less Lethal Launcher: A Less Lethal Launcher is used to deploy 12-gauge rounds.

SECTION THREE: This Policy has been adopted by the City Council as Ordinance No. ______

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 1, 2022
_________________________________ Agenda Number: D-1
Department Director Matthew A Watson
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Approval of a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2022, to June 30, 2023, for Fire Service Operations RECOMMENDATION:

Adopt a Resolution approving a new Schedule “A” agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022, to June 30, 2023.

SUMMARY:

From June 1, 2022, through June 30, 2023, a one-year agreement between the City and CAL FIRE for $6,057,566.00. The Agreement is for personnel at the three existing fire stations.

DISCUSSION:

Public Resources Code Section 4142 allows CAL FIRE to enter into cooperative agreements with cities and counties to suppress fires within those jurisdictions. The City has contracted with CAL FIRE under such agreements since 1993.

The most recent Agreement was a one-year Schedule "A" fire protection services reimbursement agreement from July 1, 2021, through June 30, 2022. The Fiscal Year 2022/2023 Schedule "A" agreement is for $6,057,566.00, representing an increase of $526,805.00 from the existing Agreement. The current agreement expires at the end of the current fiscal year. This increase is due to the change in the staff benefits rate.

These increases represent a 20.41 percent of the firefighter's benefit rates. Statutes of 2020 (AB 84) redirected the application of the 2.5 billion General Fund CalPERS supplemental pension payment provided in the Budget Act of 2019 to achieve the most immediate savings to the general fund.

DocuSign Envelope ID: 7C9BBF01-6E28-41CB-8C03-7E3ED4B612E7 As a result, state employer contributions were supplanted (temporarily lowered) in fiscal years 2019-20, 2020-21, and 2021-22. The benefits of the supplanting pension payments drop off in 2022-23, increasing to the actuarially determined rates across all state plans. It is noted that Stations 56, 57, and 58 will have three firefighters on duty per day at each station. There will be two Battalion Chiefs to support the firefighters. In addition, two of the stations provide reserve engines. The City also benefits from CAL FIRE personnel housed proximate to the City that assists in times of need. The City/County auto aid agreement provides thirteen people a day for a fire within the City limits.

FINANCIAL IMPACT:

The Madera City Fire Department’s current budget, including Measure K, contains sufficient funding to accommodate the CAL FIRE Schedule “A” fire protection services reimbursement agreement. The contract is approximately $6 million, paid for by the City’s General Fund and Measure K.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 421: First Response Emergency Services: Ensure the safety and protection of Madera and its community members through adequate first response to emergencies. Maintain sufficient resources to expand protection as the community grows.

ATTACHMENTS:

1. Resolution

2. Fire Protection Reimbursement Agreement
a. Exhibit A
b. Exhibit B
c. Exhibit C
d. Exhibit D
e. Exhibit E
DocuSign Envelope ID: 7C9BBF01-6E28-41CB-8C03-7E3ED4B612E7

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 3/2022
AGREEMENT NUMBER 4CA05856
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Madera

2. The term of this Agreement is: July 1, 2022 through June 30, 2023

3. The maximum amount of this
Agreement is:
$ 6,057,566.00
Six million, fifty seven thousand, five hundred sixty six dollars and no cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 9 pages
Exhibit E – Description of Other Services 1 pages

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Madera
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Santos Garcia-Mayor

ADDRESS
205 W. Fourth Street, Madera, CA 93638

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 2

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:

CAL FIRE Unit Chief: MMU Local Agency: City of Madera
Name: Mike van Loben Sels Name: Arnoldo Rodriguez-Mayor Phone: 559-675-7799 Phone: 559-661-5400
Fax: 559-673-2085 Fax: 559-674-2792
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Mike van Loben Sels Local Agency: City of Madera Section/Unit: MMU Section/Unit: City Clerk
Attention: Matthew Watson Attention: Alicia Gonzales
Address: 200 W. 4th Street
Madera,CA 93637
Address: 205 W. 4th Street
Madera, CA 93637
Phone: 559-675-7799 Phone: 559-661-5400
Fax: 559-675-2083 Fax: 559-661-2792
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.

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EXHIBIT A

SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.

To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.

1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.

Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
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dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.

Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)

2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.

A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.

B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.

C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.

D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.

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E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.

F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.

G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.

3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE 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 LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.

In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.

4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.

In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.

All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.

B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.

C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.

D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.

When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.

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E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.

C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.

2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.

If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.

3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.

4. EXTENSION OF AGREEMENT:

A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.

B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.

Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.

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C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY 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. STATE and LOCAL AGENCY 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, 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. STATE and LOCAL AGENCY 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).

6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.

7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE 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 LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.

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B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.

9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.

10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.

11. TIMELINESS: Time is of the essence in the performance of this agreement.

12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
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15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.

17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.

Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:

A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.

B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.

C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.

D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.

18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).

A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.

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B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.

C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.

19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))

20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
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Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.

26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.

27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.

STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.

Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.

28. CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.

Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach

29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.

DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 15

EXHIBIT D

ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):

A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.

B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.

C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.

D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.

LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.

LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.

Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.

DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of selfinsurance.

DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 (LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 17

EXHIBIT D, SCHEDULE A
LOCAL FUNDED – STATE RESOURCES

FISCAL DISPLAY
PRC 4142
NAME OF LOCAL AGENCY: City of Madera
CONTRACT NUMBER: 4CA05856
Index: 4200 PCA: 47920 Fiscal Year: 2022/23 to 2022/23
This is Schedule A of Cooperative Agreement originally dated July 1, 2022, by and between CAL FIRE of the State of California and LOCAL AGENCY.
(See Attached)
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Unit: MMU
Agreement Total $6,057,566 4CA05856
PS 1 Total $5,948,942
OE 1 Total $108,624
TOTAL $6,057,566
Fiscal Year 22/23
Contract Name: City of Madera
Contract No.:

Page No.: 18
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Fiscal Year: 2022 Sub Total $5,311,081
Index: 4200 Unit: MMU Admin $637,861
PCA 47920 Total $5,948,942 4CA05856
PRC: 4142
Comments Overtime Total: $245,428
Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary &
EDWC
Total Position
Cost
2 Battalion Chief (Nonsupervisory) POF 12 $6,983 $167,592 $4,061 12 $97,464 $158,257 $0 $59,755 $483,068 $486,568 1 Hazmat Pay Differential POF 12 $150 $1,800 $0 $1,700 $0 $3,500 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
7 Fire Captain, Range A POF 12 $6,017 $505,428 $3,505 12 $294,420 $477,276 $0 $180,509 $1,457,633 $1,501,113 4 Hazmat Pay Differential POF 12 $150 $7,200 $0 $6,799 $0 $13,999 3 Longevity Pay Differential - 7% POF 12 $0 $15,163 $0 $14,318 $0 $29,481 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
9 Fire Apparatus Engineer POF 12 $5,362 $579,096 $3,128 12 $337,824 $546,840 $0 $207,120 $1,670,880 $1,697,136 5 Hazmat Pay Differential POF 12 $150 $9,000 $0 $8,499 $0 $17,499 1 Longevity Pay Differential - 7% POF 12 $0 $4,504 $0 $4,253 $0 $8,757 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
7 Fire Fighter II POF 12 $4,834 $406,056 $2,824 12 $237,216 $383,439 $0 $145,437 $1,172,148 $1,172,148 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0

1.5 Communications Operator, Range A SAF 12 $5,633 $101,394 $0 0 $0 $64,750 $0 $0 $166,144 $171,257

1.5 Night-Shift Pay Differential SAF 12 $173 $3,120 $0 $1,992 $0 $5,112 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0

0.5 Office Assistant (General), Range A MIS 12 $3,488 $20,928 $0 0 $0 $16,504 $0 $0 $37,432 $37,432 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $245,428
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
28 Overtime POF $241,920 $0 $3,508 $0 $245,428
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City of Madera
Contract No.:

Page No.: 19
CAL FIRE Unit Chief
CAL FIRE Region Chief
Mike van Loben Sels
David Fulcher
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Fiscal Year: 2022 $772
Index: 4200 $96,977
PCA: 47920 $11,647
PRC: 4142 $108,624 20
Comments

1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR BU8 25.00 12.00 $178 53,250 $ 772 $ 54,022 $ UNIFORM ALLOWANCE FOR COMM OP 1.50 12.00 $104 1,875 $ 0 $ 1,875 GENERAL EXPENSE 1.00 1.00 $10000 10,000 $ 0 $ 10,000
COMMUNICATIONS 1.00 12.00 $500 6,000 $ 0 $ 6,000
UTILITIES 1.00 12.00 $90 1,080 $ 0 $ 1,080
TRAINING 1.00 12.00 $1000 12,000 $ 0 $ 12,000
TRAVEL 1.00 1.00 $6000 6,000 $ 0 $ 6,000
OTHER ITEMS OF EXPENSE Safety Gear 1.00 1.00 $6000 6,000 $ 0 $ 6,000 $ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
4CA05856
City of Madera
Total Page No.:

This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:

Sub Total
Admin Contract No.:

DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 (LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 21

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY:City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2022, by and between CAL FIRE of the State of California and LOCAL AGENCY.

FISCAL YEAR: 2022/23 to 2022/23
(See Attached)
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 22

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY: City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2022 by and between CAL FIRE of the State of California and City of Madera.

FISCAL YEAR: 2022-2023
Fire Stations:

Madera City Station 56
Madera City Station 57
Madera City Station 58

Equipment:
2-Pick up Trucks
 2017 Ford F-250 (B10)
 2006 Chevy 1500 (Utility7)

5-Fire Engines
 2016 Spartan (E-56)
 2008 Spartan (E-57)
 2002 Spartan (E-258)
 2009 Ferrara (E-656)
 1990 Grumman (E-257)
1-Ladder Truck
 2017 Rosenbauer 105’ Aerial

1 - Portable Air Unit
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 (LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 23

EXHIBIT D, SCHEDULE E
This is Schedule E of Cooperative Agreement originally dated July 1, 2022, by and between the CAL FIRE of the State of California and LOCAL AGENCY
NAME OF LOCAL AGENCY:City of Madera
The CAL FIRE, State of California and its officers, agents, employees, and servants are included as additional insured for the purposes of this contract. The State shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed in LG1,

FISCAL YEAR: 2022/23 to 2022/23

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY FOR

TORT LIABILITY
This is to certify that LOCAL AGENCY has elected to be self-insured under the self-insurance provision provided in Exhibit C, Section 17.

By:

Signature Printed Name

Title Date

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR

WORKER'S COMPENSATION BENEFITS
This is to certify that LOCAL AGENCY has elected to be self-insured for Workers' Compensation benefits which comply with Labor Code Section 3700 as provided in Exhibit C, Section 18.

By:

Signature Printed Name

Title Date

SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR

LOCAL AGENCY-OWNED VEHICLES
This is to certify that LOCAL AGENCY has elected to be self-insured for local agency-owned vehicles under the self-insurance provision provided in Exhibit D, Schedule D.

By:

Signature Printed Name

Title Date
DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 24

EXHIBIT E

DESCRIPTION OF OTHER SERVICES
FISCAL YEAR: 2022/2023
Administration:

Duties and Responsibilities of the:

Madera City Fire Chief:

The Madera-Mariposa-Merced Unit Chief, acts as the Madera City Fire Chief in accordance with the California Department of Forestry & Fire Protection (CAL FIRE) Cooperative Fire Protection Agreement and is appointed by the Madera City Council to serve in that capacity. The Fire Chief serves at the direction of, and receives overall administrative policy guidance from, the City Manager. The Fire Chief provides leadership, guidance and management direction in all Fire Department activities; including personnel and administrative issues. The Fire Chief directs and is responsible for major department programs which include; performing and coordinating personnel management, organizational staffing, financing, equipment management and maintenance, communications and records, fire prevention and suppression methods, assisting in disaster preparedness, and laws, rules and regulations relating to the fire department and the control and prevention of fires.

The Fire Chief provides direction to staff in coordination of the preparation, development, and expenditures of the Schedule A and C budgets; the maintenance, repair, improvement, and replacement of equipment, fire stations, and other facilities; the inventory and requisitioning of materials, supplies, and equipment; the continuing development and utilization of a fire communications system; and the preparation of records and reports including inspections of the fire company equipment and facilities as necessary.

In an effort to improve fire protection, and because cooperative and regional fire protection assists all agencies in reducing costs, improved response times and enhanced staffing levels; the Fire Chief will work with the City Manager, and seek approval through the City Council, in the coordination and facilitation of any Automatic Aid/Mutual Aid Agreements for fire protection between Madera City, the Counties that lie contiguous to Madera City and the City of Chowchilla.

DocuSign Envelope ID: 3E207FF9-E4F2-4F7F-BB60-14398FF9F638 June 1, 2022
Madera City Council Meeting
Agenda Item E-1
Fresno River Cleanup Update
(Report by Arnoldo Rodriguez)
There is no written report for this item.