ACTION:
____________________________
Clerk/Secretary
Department: Fire Item No: C3
Prepared by: Maia Hodge, Management Analyst Meeting Date: March 14, 2023 Approved by:
Craig Usher, Deputy Fire Chief
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: EIGHTH SUPPLEMENTAL VISTA FIRE PROTECTION DISTRICT AGREEMENT RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving the Eighth Supplemental Agreement with the Vista Fire Protection District for fire inspection services.
CORRELATION TO CITY COUNCIL GOALS: 1) Public Safety, and 2) Fiscal Responsibility.
PRIOR ACTION: On May 24, 2022, adopted City Council Resolution No. 2022-76, approving the Seventh Supplemental Agreement with the Vista Fire Protection District for the reconstruction of Fire Station No.
Three (Vote: 5-0).
On May 28, 2019, adopted City Council Resolution No. 2019-70, approving the Sixth Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
On June 28, 2016, adopted City Council Resolution No. 2016-102, approving the Fifth Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
A comprehensive list of prior actions is included as Exhibit 4.
STATEMENT ON THE SUBJECT: Since 1964, the Vista Fire Protection District (District) and the City have partnered for the provision of emergency services for individuals living within the District boundaries.
The current 25-year agreement, executed on August 1, 2010, provides for fire suppression, fire prevention, technical rescue, emergency medical services, hazardous materials, administrative services, and disaster preparedness services (Exhibit 3, 2010 Agreement including prior seven supplemental agreements).
For the last 12 years, the District has reimbursed the City for a portion of the City’s cost for the part-time services of a Fire Inspector, employed by the City. The agreement for this service expired June 30, 2022; however, the City continues to provide services to the District. To ensure the enhanced fire inspection services are provided to the District, the City and the District have negotiated an Eighth Supplemental Agreement. On February 8, 2023, the District Board approved the amendment, back dating the contract date term date to July 1, 2022.
The proposed agreement outlines responsibilities as outlined below:
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
03/14/2023 C3 1 of 52
Approved above recommendation, adopted City Council Resolution No. 2023-27.
Vote: 5-0
MEETING DATE: MARCH 14, 2023 PAGE 2
SUBJECT: EIGHTH SUPPLEMENTAL VISTA FIRE PROTECTION DISTRICT AGREEMENT • City shall provide 50 percent of the services of a single Inspector to the District for a period of three years commencing on July 1, 2022, and ending on June 30, 2025, and the District shall pay 50 percent of the Inspector's total cost to the City, inclusive of salary and all benefits. Notwithstanding anything to the contrary, the District's costs shall not exceed $6,250 per month beginning July 1, 2022. The District agrees to increase the monthly maximum cost effective July 1, 2023 by 3.5 percent and shall not exceed $6,500 per month. The District agrees to increase the monthly maximum cost effective July 1, 2024, by four percent, and shall not exceed $6,760 per month. • The City shall invoice the District on a monthly basis.
Staff recommends approval of the Eighth Supplement Agreement.
FISCAL IMPACT: The Fiscal Years 2022/23, 2023/24, and 2024/25 Operating Budget includes for the subject Vista Fire Inspector position in the Fire Prevention budget General Fund. The proposed amendment provides District funding in the amount of$75,000 for Fiscal Year 2022-23, $78,000 for Fiscal Year 2023-24; and $81,120 for Fiscal Year 2024-25. District funding will be deposited to Vista Fire Protection District Reimbursement Account (No. 0010034.435105).
EXHIBITS:
1. City Council Resolution No. 2023- , approving the Eighth Supplemental Agreement with the Vista Fire Protection District for fire inspection services
2. Eighth Supplemental Agreement including Vista Fire Protection District Resolution No. 2023-02
3. 2010 Agreement including prior seven supplemental agreements
4. Prior Actions
03/14/2023 C3 2 of 52
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE EIGHTH SUPPLEMENTAL
AGREEMENT WITH THE VISTA FIRE PROTECTION DISTRICT FOR FIRE
INSPECTION SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista entered into an Agreement with the Vista Fire Protection District for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 (the "Agreement").
B. For the last twelve years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
C. The District desires to continue to obtain the Additional Services of a Fire Inspector for three additional years.
D. The Parties desire to supplement the Agreement to provide for these Additional Services as authorized in Sections 1 through 3 of the Agreement.
2. Action.
A. The Eighth Supplemental Agreement with the Vista Fire Protection District, a copy of which is on file with the City Clerk, is approved, and the Mayor is authorized to execute the Agreement on behalf of the City.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 14, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN B. FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20230307093203
000292137 EXHIBIT 1
03/14/2023 C3 3 of 52
EIGHTH SUPPLEMENTAL AGREEMENT BETWEEN
THE VISTA FIRE PROTECTION DISTRICT AND THE CITY OF VISTA
FOR FIRE INSPECTION SERVICES
THIS EIGHTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2022. City and District are sometimes individually referred to as a"Party" and collectively as"Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, a Third Supplemental Agreement effective June 12, 2012, and a Fourth Supplemental Agreement effective July 1, 2013, a Fifth Supplemental Agreement effective July 1, 2016, a Sixth Supplemental Agreement effective July 1, 2019, and a Seventh Supplemental Agreement effective July 1, 2022, which together constitute the "Existing Agreement."
C. For the last fifteen years, the District has reimbursed the City for a portion of the City's cost for the part-time services of a Fire Inspector("Inspector"), employed by the City, so as to provide enhanced fire inspection services to the District ("Additional Services").
D. The District desires to continue to obtain the Additional Services of a Fire Inspector from the City.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, fifty percent(50%) of the services of a single Inspector to District for a period of three (3) years commencing on July 1, 2022 and ending on June 30, 2025, and District shall pay to City fifty percent (50%) of the Inspector's total cost to the City, inclusive of salary and all benefits ("Cost of Additional Services").
B. The Inspector shall also perform such special services related to District's mission as assigned by District ("Special Services"), which shall also be included within the scope of the Additional Services. Typical Special Services include, but are not limited to, additional parcel inspections, direct property owner or resident engagement (while driving around); fire access road inspection; gate inspections (Knox locks, padlocks, etc., fire lane signage, verification of property addresses, etc.)
Eighth Supplemental Agreement Page 1 of 3 July 1.2022 For Fire Inspection Services
EXHIBIT 2
03/14/2023 C3 4 of 52
C. The Inspector is, and at all times, will remain an employee of City. City shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment with the City. The foregoing indemnity shall not apply to the extent that such losses, expenses, claims, actions, damages or liabilities to which the District may be subject were caused by the gross negligence, fraud or willful misconduct of the District and/or its agents.
D. This Eighth Supplemental Agreement may be terminated by either Party, at either Party's convenience, with ninety (90) days advance written notice to the other Party. Except for the Special Services specifically described herein, Termination of this Eighth Supplemental Agreement shall not affect any of the remaining terms of the Existing Agreement which shall remain in full force and effect.
E. Should any portion of this Eighth Supplemental Agreement be inconsistent with prior amendments with respect to Additional Services only, this Eighth Supplemental Agreement controls.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent (50%) of the City's total cost of the Inspector's Salary and Benefits for the next three (3) fiscal years commencing on July 1, 2022, and ending on June 30, 2025. Notwithstanding anything to the contrary, the Cost of Additional Services paid by the District to the City shall not exceed $6,250 per month ("Additional Services Cap").
1. "Salary" is defined as monthly compensation, overtime, and employer related taxes; and
2. "Benefits" are defined as pay for vacation, holiday, sick leave, pager pay, health/vision/dental insurance, and the CalPERS retirement employer rate.
B. The District agrees to increase the Additional Services Cap, the Cost of Additional Services effective July 1, 2023 by 3.5% and shall not exceed $6,500 per month.
C. The District agrees to increase the Additional Services Cap, effective July 1, 2024, by four percent (4%), and shall not exceed $6,760 per month.
D. City shall invoice District for the Cost of Additional Services on a monthly basis.
SECTION 3. EXISTING AGREEMENT
Except as specifically modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
Eighth Supplemental Agreement Page 2 of 3 July 1.2022 For Fire Inspection Services
03/14/2023 C3 5 of 52
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Fourth Supplemental Agreement as set forth below.
APPROVED BY DISTRICT APPROVED BY CITY
Date: February 8, 2023 Date:
Resolution No. 2023-02 Resolution No:
DISTRICT: CITY:
Vista Fire P dtecti istric City of Vista, a chartered municipal corporation B By
Jam i S JOHN FRANKLIN, Mayor
ATTEST: ATTEST:
Karlena Rannals, Board Clerk Kathy Valdez, City Clerk B . By:
RISK MANAGEMENT REVIEW:
Dolores Gascon, Risk Manager
By:
APPROVED AS TO FORM: APPROVED AS TO FORM:
White and Bright, LLP Walter Chung, City Attorney 4 By. " '` By.
Fred Pfister, District Co nsel
Eighth Supplemental Agreement Page 3 of 3 July 1.2022 For Fire Inspection Services
03/14/2023 C3 6 of 52
RESOLUTION No. 2023-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VISTA FIRE PROTECTION
DISTRICT, COUNTY OF SAN DIEGO, CALIFORNIA, APPROVING EIGHTH
SUPPLEMENTAL AGREEMENT BETWEEN THE VISTA FIRE PROTECTION DISTRICT
AND THE CITY OF VISTA FOR FIRE INSPECTION SERVICES
WHEREAS, the Board of Directors of the Vista Fire Protection District (the "District"), entered into an Agreement with the City of Vista (the "City") for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services, effective August 1, 2010 (the "Original Agreement"); and, WHEREAS, Paragraph 1.13 of the Original Agreement allows for additional services to be separately agreed to between District and City, provided that the additional services be in writing and duly approved and executed by the respective governing bodies of the City and the District; and, WHEREAS, since entering in to the Original Agreement, the District has continuously approved, pursuant to Paragraph 1.13 of the same, the hiring of an Inspector from the City of Vista's Fire Department to perform the customary duties of a Fire Inspector in the District to reduce the risk of wildfire; and, WHEREAS,the Board desires to continue to obtain the services of a Fire Inspector.
NOW,THEREFORE, BE IT RESOLVED that the Vista Fire Protection District does hereby:
1. Authorize the additional services of a part-time Fire Inspector to be provided by the City at a cost not to exceed the following schedule:
a. Up to$6,250 per month for the term of July 1, 2022 to June 30, 2023; b. Up to$6,500 per month for the term of July 1, 2023 to June 30, 2024; and c. Up to$6,750 per month for the term of July 1, 2024 to June 30, 2025; and
2. Authorize the District President to enter into the Eighth Supplemental Agreement with the City of Vista annexed to this Resolution as Attachment"A".
PASSED AND ADOPTED at regularly scheduled meeting of the Board of Directors of the Vista Fire Protection District on February 8, 2023 by the following vote:
AYES: Elliott, Fougner, Ploetz
NOES: Miller
ABSENT: Gomez
ABSTAIN: None
rs F. Elliott
President
A T:
Karlena Rannals
Board Clerk/Secretary
03/14/2023 C3 7 of 52
EIGHTH SUPPLEMENTAL AGREEMENT BETWEEN
THE VISTA FIRE PROTECTION DISTRICT AND THE CITY OF VISTA
FOR FIRE INSPECTION SERVICES
THIS EIGHTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2022. City and District are sometimes individually referred to as a"Party"and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, a Third Supplemental Agreement effective June 12, 2012, and a Fourth Supplemental Agreement effective July 1, 2013, a Fifth Supplemental Agreement effective July 1, 2016, a Sixth Supplemental Agreement effective July 1, 2019, and a Seventh Supplemental Agreement effective July 1, 2022, which together constitute the "Existing Agreement."
C. For the last fifteen years, the District has reimbursed the City for a portion of the City's cost for the part-time services of a Fire Inspector("Inspector"), employed by the City, so as to provide enhanced fire inspection services to the District ("Additional Services").
D. The District desires to continue to obtain the Additional Services of a Fire Inspector from the City.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, fifty percent(50%) of the services of a single Inspector to District for a period of three (3) years commencing on July 1, 2022 and ending on June 30, 2025, and District shall pay to City fifty percent (50%) of the Inspector's total cost to the City, inclusive of salary and all benefits ("Cost of Additional Services").
B. The Inspector shall also perform such special services related to District's mission as assigned by District ("Special Services"), which shall also be included within the scope of the Additional Services. Typical Special Services include, but are not limited to, additional parcel inspections, direct property owner or resident engagement (while driving around); fire access road inspection; gate inspections (Knox locks, padlocks, etc., fire lane signage, verification of property addresses, etc.)
Eighth Supplemental Agreement Page 1 of 3 July 1.2022 For Fire Inspection Services
03/14/2023 C3 8 of 52
C. The Inspector is, and at all times, will remain an employee of City. City shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment with the City. The foregoing indemnity shall not apply to the extent that such losses, expenses, claims, actions, damages or liabilities to which the District may be subject were caused by the gross negligence, fraud or willful misconduct of the District and/or its agents.
D. This Eighth Supplemental Agreement may be terminated by either Party, at either Party's convenience, with ninety (90) days advance written notice to the other Party. Except for the Special Services specifically described herein, Termination of this Eighth Supplemental Agreement shall not affect any of the remaining terms of the Existing Agreement which shall remain in full force and effect.
E. Should any portion of this Eighth Supplemental Agreement be inconsistent with prior amendments with respect to Additional Services only, this Eighth Supplemental Agreement controls.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent (50%) of the City's total cost of the Inspector's Salary and Benefits for the next three (3) fiscal years commencing on July 1, 2022, and ending on June 30, 2025. Notwithstanding anything to the contrary, the Cost of Additional Services paid by the District to the City shall not exceed $6,250 per month ("Additional Services Cap").
1. "Salary" is defined as monthly compensation, overtime, and employer related taxes; and
2. "Benefits" are defined as pay for vacation, holiday, sick leave, pager pay, health/vision/dental insurance, and the CalPERS retirement employer rate.
B. The District agrees to increase the Additional Services Cap, the Cost of Additional Services effective July 1, 2023 by 3.5% and shall not exceed $6,500 per month.
C. The District agrees to increase the Additional Services Cap, effective July 1, 2024, by four percent (4%), and shall not exceed $6,760 per month.
D. City shall invoice District for the Cost of Additional Services on a monthly basis.
SECTION 3. EXISTING AGREEMENT
Except as specifically modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
Eighth Supplemental Agreement Page 2 of 3 July 1.2022 For Fire Inspection Services
03/14/2023 C3 9 of 52
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Fourth Supplemental Agreement as set forth below.
APPROVED BY DISTRICT APPROVED BY CITY
Date: February 8, 2023 Date:
Resolution No. 2023-02 Resolution No:
DISTRICT: CITY:
Vista Fire Pr rict City of Vista, a chartered municipal corporation By: By:
t r Iden JOHN FRANKLIN, Mayor
ATTES ATTEST:
Karlena nals, Board Clerk Kathy Valdez, City Clerk B 6A By:
RISK MANAGEMENT REVIEW:
Dolores Gascon, Risk Manager
By:
APPROVED AS TO FORM: APPROVED AS TO FORM:
White and Bright, LLP Walter Chung, City Attorney �I By: By:
Fred Pfi er, District Cou el
Eighth Supplemental Agreement Page 3 of 3 July 1.2022 For Fire Inspection Services
03/14/2023 C3 10 of 52
SEVENTH SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE
PROTECTION DISTRICT FOR THE RECONSTRUCTION OF
FIRE STATION NO. THREE
THIS SEVENTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City")and the Vista Fire Protection District ("District') to be dated and effective as of July 1, 2022 (the "Seventh Amendment'). City and District are sometimes individually referred to as a"Party"and collectively as"Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement').
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, a Third Supplemental Agreement effective June 12, 2012, and a Fourth Supplemental Agreement effective July 1, 2013, a Fifth Supplemental Agreement effective July 1, 2016, and a Sixth Supplemental Agreement effective July 1, 2019, which together constitute the "Existing Agreement'.
C. The City has received a grant from the State of California to partially fund the reconstruction of City Fire Station No. Three, as that station is referenced in the Original Agreement, and the Parties desire to jointly fund the full reconstruction and repositioning for the mutual benefit of City and District.
r
D. The Parties desire to amend the Existing Agreement to provide for the reconstruction of City Fire Station Three and make related changes to the Existing Agreement as authorized in Section 1.13 of the Original Agreement,,
E. The Existing Agreement as amended by this Seventh Amendment is, for the purposes of this Seventh Amendment, hereafter referred to as the "Amended Agreement".
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. RECONSTRUCTION OF CITY FIRE STATION THREE
A. City agrees to provide all services necessary to design, reconstruct, and provision City Fire Station Three to the standards City has used to construct its Fire Station Six (the"Project'). The station will have a minimum of two apparatus bays and sleeping accommodations for up to seven firefighters.
[Continued on page 2.]
Seventh Supplemental Agreement Page 1 July 1,2022 r Filre Statlon No.Three 001073022
90 �r
EXHIBIT 3
03/14/2023 C3 11 of 52
B. The estimated budgetary cost of the Project is Station Cost: $ 9,851.275
Contingency of 5%: $ 492,563
Total: $1 Q.343.838
C. City and District agree to fund the Project as set forth in Section 2 of this Seventh Supplemental Agreement.
SECTION 2. RECONSTRUCTION FUNDING
Funding will be provided in the following order and amounts:
A. City Funding:
State Grant: $ 5,000,000 $5,000,000
B. District Funding:
VFPD ARPA Money: $ 192,000
VFPD Fire Mitigation Fees: $ 408,000
VFPD Funding: $ 3,900,000 $4,500,000
Total .500.000 ("Expected Cost")
C. City will cover all Project costs in excess of$9,500,000.
D. District funding is conditional on repositioning the station to provide direct access to East Vista Way. In the event direct access is not feasible in City's reasonable discretion, this Seventh Amendment shall be null and void and of no further force or effect.
E. In the event the Project cost is less than $9,500,000, the City will refund to the District the difference between the Expected Cost and the actual cost.
F. "Vista Fire Protection District"will be incorporated into the monument sign on East Vista Way identifying the station, in form and format equivalent in prominence to the City.
SECTION 3. MODIFICATION TO ORIGINAL AGREEMENT
A. Section 1.P of the Original Agreement relating to the construction of a fire station within District is deleted in its entirety.
B. "Fire Mitigation fees"are removed from the definition of"Total District Revenue"in Section 3.13.2 of the Original Agreement effective July 1, 2022, and Fire Mitigation fees will thereafter be retained by District.
C. Section 10.A of the Original Agreement relating to the term is amended by replacing"June 30, 2035", with"June 30, 2056".
D. Should the Amended Agreement be terminated prior to December 31, 2061, the District shall be reimbursed for its contributions to the Project based on the schedule shown in Exhibit A.
Seventh Supplemental Agreement Page 2 July 1,2022 Filre Station No.Three 001073022
91 03/14/2023 C3 12 of 52
E. Section 13.B of the Original Agreement, relating to the recipients of Notices is amended by replacing"c/o Mrs. Joan Thurman, CPA"with "c/o Jeffrey Golden, CPA"; and "David S. Bright, Esq."Is replaced with"Frederick W. Pfister, Esq.".
SECTION 3. EXISTING AGREEMENT
Except as explicitly modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Seventh Supplemental Agreement as set forth below.
APPROVED BY CITY: APPROVED BY DISTRICT:
Date: DlaijZ4 g2n.2a Date: �y
Resolution No. w 7� Resolution No.
CITY: DISTRICT:
CITY OF VISTA, a chartered municipal VISTA F E OT CTIO ISTRiCT,a corporation 5peci t ct
By By:.
JUDY " T MAYOR FOIJGrERK
R,;�'RESI NT
ATTEST: ATTEST:
KATHY VALDEZ,CITY CLERK OF THE BOARD
fel.Ve- FAANC]
By: So, By:
APPROVED AS TO FORM: APPROVE\ONAS TO FORM:
DAROLD P CITY RNEY WHITE AND B T,
By: G�
F DICK PFIST R, DISTRICT COUNSEL
RISK MANAGEMENT REVIEW:
DOLO GAS ON, RISK MANAGER
By:
APPROVED
Darold Pleper
20220505075233
Seventh Supplemental Agreement Page 3 July 1,2022 Hire Station No.Three 001073022
92 03/14/2023 C3 13 of 52
EXHIBIT A
DEPRECIATION SCHEDULE
40 8 r ' t• r�riation 8dindote
Initial Asset Value: $4,308,000
Time Period Fiscal Year Ending Annual Depreciation Total Depreciation Net Asset Value 1 2023 $107,700 $107.700 $4,200.300 - 2 2024 $107,700 $215,400 $4,092.600
3 2025 $107,700 $323,100 $3,984,900
4 2026 $107,700 $430,800 $3,877,200
5 2027 $107,700 $538,500 $3,769,500
6 2028 $107,700 $646,200 $3,661,800
7 2029 $107,700 $753,900 $3,554,100
8 2030 $107.700 $861,600 $3,446,400
9 2031 $107,700 $969,300 $3,338,700 10 2032 $107,700 $1,077.000 $3,231,000
11 2033 $107,700 $1,184,700 $3,123,300
12 2034 $107,700 $1,292,400 $3,015,600
13 2035 $107,700 $1,400,100 $2.907,900
14 2036 $107,700 $1,507,800 $2,800,200
15 2037 $107,700 $1.615.500 $2.692,500
16 2038 $107,700 $1,723,200 $2,584,800
17 2039 $107,700 $1,830,900 $2,477,100
18 2040 $107,700 $1,938,600 $2,369,400
19 2041 $107,700 $2,046,300 $2,261,700
20 2042 $107,700 $2,154,000 $2.154,000
21 2043 $107,700 $2,261,700 $2,046,300 22 2044 $107,700 $2,369,400 $1,938,600
23 2045 $107.700 $2,477,100 $1,830,900
24 2046 $107,700 $2,584,800 $1,723,200
25 2047 $107,700 $2,692,500 $1,615,500
26 2048 $107,700 $2,800,200 $1,507,800
27 2049 $107,700 $2,907,900 $1,400,100
28 2050 $107,700 $3,015,600 $1,292,400
29 2051 $107,700 $3,123,300 $1,184.700 30 2052 $107,700 $3,231,000 $1,077,000
31 2053 $107,700 $3,338,700 $ 969,300
32 2054 $107,700 $3,446,400 $ 861,600
33 2055 $107,700 $3,564,100 $ 753,900
34 2056 $107,700 $3,661,800 $ 646,200
35 2057 $107,700 $3,769,500 $ 538,500
36 2058 $107,700 $3,877,200 $ 430.800
37 2059 $107,700 $3,984,900 $ 323,100
38 2060 $107,700 $4,092.600 $ 215,400
39 2061 $107,700 $4,200,300 $ 107,700
40 2062 $107,700 $4,308,000 $ ---
Seventh Supplemental Agreement Exhibit A,Page 1 July 1,2022 For Reoonstructlon of City Fire Station Three 001073022 93 /of
03/14/2023 C3 12
VISTA FIRE PROTECTION DISTRICT
Regular Board of Directors Meeting
Minutes—May 11, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were considered.
REGULAR AGENDA
President Fougner called to order the regular session of the Vista Fire Protection District Board of Directors at 6:00 pm.
Pledge of Allegiance
Administrative Manager Rannals led the assembly in the Pledge of Allegiance.
1. Roll Call
Directors Present: Elliott,Fougner,Gomez, Miller, Ploetz Directors Absent: None
Staff Present: Ned Vander Pol,Fire Chief;Karlena Rannals,Administrative Manager,Jeremy Nichols,Fire Inspector,and Matthew Bertolucci, Legal Counsel.
2. Approval of this Meeting's Agenda
MOTION BY DIRECTOR ELLIOTT, SECOND BY DIRECTOR PLOETZ, and CARRIED 5 AYES; 0 NOES; 0 ABSENT; 0 ABSTAIN to approve the agenda as submitted, with consensus to reorder agenda item 8. a. to discuss time certain.
3. Open Discussion with the Board (Public Comment)
No one requested to speak to the Board.
4. Approval of the Minutes
MOTION BY DIRECTOR PLOETZ,SECOND BY DIRECTOR MILLER,CARRIED 5 AYES;0 NOES;0 ABSENT;0 ABSTAIN to approve as corrected the Board of Directors Meeting minutes held April 13, 2022, noting a spelling correction.
5. Fire Department Reports
a. District Fire Inspector: Fire Inspector Nichols summarized the previous month's activities and reported that he has encountered several face-to-face opportunities with District residents, which included opportunities to distribute public education material. He also met with the CalFIRE Defensible Space Inspectors to discuss the joint efforts in ensuring a property's defensible space was complying. He responded to questions from the board.
b. Fire Marshal: Deputy Chief Usher summarized the previous month's report noting that there is an increase in permits issued for Accessory Dwelling Units (ADU).The weed abatement letters were mailed April 15". Inspections will begin June 1 to inspect for compliance. He also informed the board that a resolution will be prepared for the June meeting to recover the costs of forced abatements on the property tax roll.
c. Fire District Performance Report: Chief Vander Pol reviewed the March 2022 response times noting that of the 171 District responses,three calls were greater than ten minutes. Chief Vander Pol reported that with the changes in the BLS Ambulance, he will be modifying the monthly report. 03/14/2023 C3 15 of 52
Minutes
Vista Fire Protection District Board of Directors
May 11,2022
d. Fire Chief Update: Chief Vander Pol reported the following:
• He was elected (by his peers) as the North Zone Coordinator. He is the primary point of contact coordinating resources(strike teams, single resource medics,safety officers,etc.), which at the time of the meeting he was working on coordinating five strike teams to Orange County. As a part of his training for his new appointment, he recently attended Multi-Agency Area Command(MAC)at South Ops in Riverside.
• Six individuals have been given conditional offers of employment.A"Family Academy" is planned to start May 23,2022.
• He will be out of the area the week of May 23, noting that Deputy Chiefs' Usher and Davidson will function as Fire Chief in his absence.
Chief Vander Pol responded to questions from the Board.
6. Officers'Reports
a. Accounts Payable: MOTION BY DIRECTOR ELLIOTT,SECOND BY DIRECTOR PLOETZ,and CARRIED 5 AYES; 0 NOES; 0 ABSENT; 0 ABSTAIN approving the April 2022 Accounts Payable and Payroll Requests that included the Treasurer's certification for the availability of funds.Director Miller discussed his concern on the cost of legal services, and the process to request legal assistance services by board members.At the conclusion of the discussion, all board members were reminded that if there is a need to seek legal counsel,that all requests should be directed to the President for authorization. b. Treasurer's Report: Director Elliott reviewed the March 31,2022,reports in the absence of the Treasurer.
He discussed the following topics:
• Management Report: The District is tracking ahead of the spending plan approved for FY 22. He believes that they will be in a positive financial position at year end. • Fire Mitigation Fee Fund Balance: the fund balance was provided for information.
Investment Portfolio as of April 30,2022: the investment totals and rates of return were provided for information.
c. Independent Audit Fiscal Year 2020-21: Director Elliott summarized the process and timeline it took to complete the annual independent audit. He conveyed his appreciation to the staff and board members who assisted in the process. The District received a clean opinion from the auditors. He responded to questions from the Board.
MOTION BY DIRECTOR MILLER,SECOND BY DIRECTOR ELLIOTT,and CARRIED 5 AYES;0 NOES;0 ABSENT; 0 ABSTAIN to accept the FY 2020-21 Annual Financial Report and Independent Audit Report prepared by Fedak&Brown LLP, Certified Public Accountants.
d. Administrative Manager's Report: Ms. Rannals summarized her report submitted and responded to questions.She also distributed information for an upcoming quarterly meeting hosted by the San Diego Chapter—CA Special Districts Association;she discussed the requirements forthe preliminary budget that will be presented at the June meeting that included the listing of newspapers of general circulation within San Diego County to notice the required public hearing;and other documents that will be brought forward for board consideration and approval.
e. Legal Affairs: Mr. Bertolucci reported on two requests from the previous board meeting:
10 Panoramic Property: he reported that the State of California's Department of Housing and Community Development has confirmed that the District has complied with the provisions of the Surplus Land Act and that the District may move ahead with sale of the Panoramic Property. 03/14/2023 C3 16 of 52
Minutes
Vista Fire Protection District Board of Directors
May 11,2022
• Board Meetings held Outside District Boundaries: he reported that there is an exception to Government Code 54954 for conducting board meetings outside the District boundaries. He recommended that the board adopt a resolution making the finding that there is no meeting facility accessible to the public within the District boundaries;and determine where the meetings will be held.Staff will work with the Board President to prepare a resolution for a future meeting. • A response letter was prepared and forwarded to Fedak&Brown LLP,Certified Public Accountants for the FY21 audit.
7. Committee Reports
a. Fuel Modification: Director Ploetz reported that they are expecting to receive a final report of the Anchor Point study and agendize for the June meeting. He hopes that prior to the June meeting, he will be able to meet with the Chief and consultant to discuss an action plan which may affect the budget. b. Panoramic Property: Director Elliott provided an update on the property listed noting that the communication with the broker has been particularly good. The broker reports that she has been contacted by interested parties and believe that there could be an offer for consideration by the board soon.
c. Response Times: Chief Vander Pol reported that he did not have an update from the consultant. He believes that the consultant has clear direction from the subcommittee;however,he agreed to coordinate a meeting between the subcommittee and the consultant.
Five-minute recess
d. Redevelopment of Station 3: Chief Vander Pol gave a presentation to the board members on the site challenges to reconstruct Vista Station 3. The planned design includes at least two drive thru bays; however,there is a building owned by the Vista Irrigation District in which the architects must take into consideration when designing the structure. He noted that when designing the facility, the location and exits are all about response times,and how to potentially improve them.The estimated completion date is June 2024.
President Fougner highlighted the Seventh Supplemental Amendment submitted for board consideration.
If approved,the District will contribute$4.5 million towards the reconstruction of the fire station, noting that the funding sources include Fire Mitigation Fees,General Fund and American Rescue Plan Act(ARPA) monies. Other terms include extending the contract until 2056, adding the District's name to the monument sign, eliminating the option for the Vista Fire Protection District to build a fire station within the district boundaries,and retaining all future fire mitigation fees.This amendment if approved becomes effective July 1, 2022. At the conclusion of the discussion, the board members commended President Fougner and Chief Vander Pal for their efforts in developing the supplemental amendment.
MOTION BY DIRECTOR ELLIOTT,SECOND BY DIRECTOR FOUGNER,to approve the Seventh Supplemental Agreement with the Vista Fire Protection District for the Reconstruction of Fire Station No. Three and authorize the President to execute the amendment on a roll call vote:
AYES: Elliott, Fougner,Gomez, Miller, Ploetz
NOES: None
ABSENT: None
ABSTAIN: None
8. Speciai Matters Designated for Consideration—Time Certain—5:15 pm 03/14/2023 C3 17 of 52
Minutes
Vista Fire Protection District Board of Directors
May 11,2022
a. First Hearing on Proposals for Creating District Divisions for Elections: President Fougner opened the public hearing at 6:15pm. He introduced Chris Chaffee and Elizabeth Stitt from Redistricting Partners who participated remotely.Mr.Chaffee delivered a PowerPoint presentation that covered the following topics when considering districting:
■ The California Voting Rights Act(CVRA)
• What is Districting
■ Traditional Districting/Redistricting Principles
• Public Hearing Schedule
During their informational presentation, they presented criteria that the board should take into consideration that included 1)equal population;2)contiguous boundaries; 3) maintaining"communities of interest"; 4) follow district and census designated place boundaries; and 5) keep district boundaries compact.They also included the following public hearing timeline to encourage public participation:
Meeting Date Purpose
May 11,2022 1st Public Hearing—Districting 101
May 25, 2022 2nd Public Hearing—Communities of Interest June 8,2022 3rd Public Hearing—Map Presentation
July 13, 2022 4th Public Hearing—Revised Maps
August 10,2022 5th Public Hearing—Final Vote on Map The consultants responded to questions from the board. President Fougner closed the public hearing at 7pm.
9. Continuing Business
a. Emergency Access Roads: Director Ploetz reported he recently conducted a "drive by"and the roads are in good shape. He noted that maintenance is keeping up with the necessary abatements.
10. New Business
a. Adoption of Records Retention Policy: Ms. Rannals summarized the staff report included with the requested policy. She reported that this policy will give her the tool necessary as she reorganizes and purges records that are no longer required.
MOTION BY DIRECTOR ELLIOTT,SECOND BY DIRECTOR FOUGNER,and CARRIED 5 AYES;0 NOES;0 ABSENT; 0 ABSTAIN to approve and adopt Policy No.3010—Record Retention Schedule. b. Request for Records Destruction: Ms.Rannals summarized the staff report noting that this will be one of numerous requests as she organizes the files.She requested authorization to destroy records pursuant to the newly adopted records retention schedule.
MOTION BY DIRECTOR ELLIOTT,SECOND BY DIRECTOR FOUGNER,and CARRIED 5 AYES;0 NOES;0 ABSENT; 0 ABSTAIN to authorize the destruction of records pursuant to the records retention schedule and authorize the President to sign the document show approval for the destruction.
11. Directors'Announcements&Written Communications
a. Director Ploetz: expressed his appreciation to Director Gomez in obtaining District logo wear. 03/14/2023 C3 18 of 52
Minutes
Vista Fire Protection District Board of Directors
May 11,2022
b. Director Miller: conveyed that he was pleased with the progress of the Administrative Manager's position and role.
12. Motion for Adjournment
MOTION BY DIRECTOR PLOETZ, SECOND BY DIRECTOR GOMEZ, and CARRIED 5 AYES; 0 NOES; 0 ABSENT, 0 ABSTAIN to adjourn at 9:12 pm.
Karlen Rannals VRobert Fougner
Administrative Manager President
03/14/2023 C3 19 of 52
SIXTH SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE PROTECTION
DISTRICT FOR FIRE INSPECTION SERVICES
THIS SIXTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2019. City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, a Third Supplemental Agreement effective June 12, 2012, and a Fourth Supplemental Agreement effective July 1, 2013, and a Fifth Supplemental Agreement effective July 1, 2016, which together constitute the "Existing Agreement
C. For the last twelve years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
D. The District desires to continue to obtain the Additional Services of a Fire Inspector.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13 of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector") to District for a period of three years commencing on July 1, 2019, and ending on June 30, 2022, at the level of fifty percent of the Inspector's time. The Inspector shall perform such special services related to District's mission as assigned by District.
B. The Inspector is, and will remain an employee of City which shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment.
C. This agreement may be terminated by either party with 90 days advanced notice.
Sixth Supplemental Agreement Page 1 July 1,2019 For Fiire Inspection Services 000719232
03/14/2023 C3 20 of 52
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent of the value of the salary for the fiscal years commencing on July 1, 2019, and ending on June 30, 2022, not to exceed $5,000 per month.
B. City may invoice District for the Cost of Additional Services on a monthly,basis, or for a longer period as may be convenient to City.
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Sixth Supplemental Agreement as set forth below.
APPROVED BY CITY: APPROVED BY DISTRICT:
Date: -G OKI QCA Cl Date:
Resolution No. ,g y© - -70 Resolution No.
CITY: DISTRICT:
CITY OF VISTA, a chartered municipal VISTA FIRE PRO TRICT, a corporation a local cy, c r litic By. /� y. _�
JUDY R R, MAYOR AD MILLER, PRESIDENT
ATTEST: ATkT:KATHY VALDEZ, CITY CLERK LOFREY CLERK OF THE BOARD By: By
r
APPROVED AS TO FORM: APPROV A TO FORM:
DAROLD PIEP , ITY NEY WHITE AN RIG P
By: By_✓--
�r3AVID S. BRIG RI
COUNSEL
RISK MANAGEMENT REVIEW:
DOLORES WSCON, RISK MANAGER
By:
Iry
APPROVED
Darold Pieper
20190430104644
Sixth Supplemental Agreement Page 2 July 1,2019 For Fiire Inspection Services 000719232
03/14/2023 C3 21 of 52
i
FIFTH SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE PROTECTION
DISTRICT FOR FIRE INSPECTION SERVICES
THIS FIFTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2016. City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical Services, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, a Third Supplemental Agreement effective June 12, 2012, and a Fourth Supplemental Agreement effective July 1, 2013, which together constitute the "Existing Agreement".
C. For the last nine years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
D. The District desires to continue to obtain the Additional Services of a Fire Inspector.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector") to District for a period of three years commencing on July 1, 2016 and ending on June 30, 2019, at the level of fifty percent of the Inspector's time. The Inspector shall perform such special services related to District's mission as assigned by District.
B. The Inspector is, and will remain an employee of City which shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment.
C. This agreement may be terminated by either party with 90 days advanced notice.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent of the value of the salary for the fiscal years commencing on July 1, 2016, and ending on June 30, 2019, not to exceed $5,000 per month.
B. City may invoice District for the Cost of Additional Services on a monthly basis, or for a longer period as may be convenient to City.
i Fifth Supplemental Agreement Page 1 July 1,2016 For Fire Inspection Services
03/14/2023 C3 22 of 52
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this r Supplemental Agreement as set forth below.
APPROVED BY DISTRICT: APPROVED BY CITY:
Date: �I Q Date:
Resolution No. '.O Resolution No.
DISTRICT: CITY:
Vista Fire Protection District City of Vista, a chartered municipal corporation
By: By:
jRY President ITTER, Mayor
ATTEST:
AT Kathy Valdez, City Clerk
11 By: By:
cCf 1�y, Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
White and Bright, LLP Darold Pieper, City Attor
11�- t
By: By:
05W S. Brig t, 5istri el
RISK MANAGEMENT REVIEW:
Dolo s scon, Risk Manager
By:
Fifth Supplemental Agreement Page 2 July 1,201E For Fire Inspection services
03/14/2023 C3 23 of 52
i
FOURTH SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE
PROTECTION DISTRICT FOR FIRE INSPECTION SERVICES
THIS FOURTH SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2013. City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, a Second Supplemental Agreement effective July 1, 2011, and a Third Supplemental Agreement effective June 12, 2012, which together constitute the "Existing Agreement".
C. For the last six years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
D. The District desires to continue to obtain the Additional Services of a Fire Inspector.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector) to District for a period of three years commencing on July 1, 2013 and ending on June 30, 2016, at the level of fifty percent of the Inspector's time. The Inspector shall perform such special services related to District's mission as assigned by District.
B. The Inspector is, and will remain an employee of City which shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment.
C. This agreement may be terminated by either party with 90 days advanced notice.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent of the value of the salary for the fiscal years commencing on July 1, 2013, and ending on June 30, 2016, not to exceed $5,000 per month.
B. City may invoice District for the Cost of Additional Services on a monthly basis, or for a longer period as may be convenient to City.
Fourth Supplemental Agreement Page 1 July 1,2013 For Fire Inspection Services
03/14/2023 C3 24 of 52
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Fourth Supplemental Agreement as set forth below.
APPROVED BY DISTRICT: APPROVED
BY CITY:
Date: Date: L ?D
Resolution No. Resolution No. ,,),0/3 — 8 7 DISTRICT: CITY:
Vista Fire Prot ion District Cit --Vista, a chartered municipal corporation
s
By: By:
-IT BERT F GNE , President JUDY R ER, Mayor ATTEST:
ATTEST: Marci Kilian, Clerk
By: By; �t
61 Joan Thurman, Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
White a Bright, L Darold Pieper, City Attorney By: By:
D vis ri t, Dis rict Counsel
RISK MANAGEMENT REVIEW:
Dolore ascon, Risk Manager
By:
4 ku ; /��
Fourth Supplemental Agreement Page 2 July 1,2013 For Fire Inspection Services
03/14/2023 C3 25 of 52
THIRD SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE PROTECTION
DISTRICT FOR FIRE INSPECTION SERVICES
THIS THIRD SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be dated and effective as of July 1, 2012. -City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical, Hazardous Materials,Administrative Services, and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, and was amended by a Second Supplemental Agreement effective July 1,2011, which together constitute the "Existing Agreement".
C. For the last five years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
D. The District desires to continue to obtain the Additional Services of a Fire Inspector.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector") to District for a period of one year commencing on July 1, 2012, at the level of fifty percent of the Inspector's time. The Inspector shall perform such special services related to District's mission as assigned by District.
B. The Inspector is, and will remain an employee of City which shall be solely responsible for payment of the Inspector's compensation and benefits. City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent of the value of the salary for the fiscal year commencing on July 1, 2012, not to exceed $5,000 per month.
B. City may invoice District for the Cost of Additional Services on a monthly basis,or for a longer period as may be convenient to City.
Third Supplemental Agreement Page 1 July 1,2012 For Fire Inspection Services
03/14/2023 C3 26 of 52
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Third Supplemental Agreement as set forth below.
APPROVED/BY DISTRICT: APPROVED,Ila
BY CITY:
Date: �/y lfl E
Date: [ I L/a
Resolution No. Resolution No. 2012-99
DISTRICT: CITY:
Vista Fire Protection District City of Vista
V4,1
By: 'i By:
M A GARETTE rRGAN, President JUUITTER, May-or
ATTEST: ATTEST:
By: By:
0 Joan Thurman, Clerk of the Board Marci Kilian, City Clerk APPROVED AS TO FORM: _APPROVED AS TO FORM:
White and Bright, LLP Darold Pieper, City Attorney By: By:
avis g , Di trict ounsel Darold Pie r, City Attorney RISK MANAGEMENT REVIEW:
By: 1,-,.,4z
U/
Third Supplemental Agreement Page 2 July 1,2012 For Fire Inspection Services
03/14/2023 C3 27 of 52
SECOND SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE
PROTECTION DISTRICT FOR FIRE INSPECTION SERVICES
THIS SECOND SUPPLEMENTAL AGREEMENT is made by and between the chartered City of Vista ("City")and the Vista Fire Protection District("District")to be dated and effective as of July 1, 2011. City and District are sometimes individually referred to as a"Party"and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical, Hazardous Materials,Administrative Services,and Disaster Preparedness Services dated August 1, 2010 ("Original Agreement").
B. The Original Agreement was amended by a First Supplemental Agreement effective as of July 1, 2010, which together constitute the "Existing Agreement".
C. For the last four years,the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
D. The District desires to continue to obtain the Additional Services of a Fire Inspector.
E. The Parties desire to amend the Existing Agreement to provide for these Additional Services as authorized in Section 1.13. of the Original Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the Parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector") to District for a period of one year commencing on July 1, 2011, at the level of fifty percent of the Inspector's time. The Inspector shall perform such special services related to District's mission as assigned by District.
B. The Inspector is, and will remain an employee of City which shall be solely responsible for payment of the Inspector's compensation and benefits.City shall indemnify and hold District harmless from and against any claims by the Inspector arising out of or relating to the Inspector's employment.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost of Additional Services shall equal fifty percent of the value of the salary for the fiscal year commencing on July 1, 2011, not to exceed $5,000 per month.
B. City may invoice District for the Cost of Additional Services on a monthly basis,or for a longer period as may be convenient to City.
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Existing Agreement are incorporated herein and shall remain in full force and effect.
Second Supplemental Agreement Page 1 July 1,2011 For Fire Inspection Services
03/14/2023 C3 28 of 52
IN WITNESS WHEREOF,the authorized representatives of the Parties have executed this Second Supplemental Agreement as set forth below.
APPROVED BY DISTRICT: APPROVED BY CITY:
f
Date: I� �� _ Date: June 14, 2011
Resolution No. ��� J 5 Resolution No. 2011-105 DISTRICT: CITY:
Vista Fire Protection District City of Vista
v
By: By:
_ NWITULI-1
/MPTARETTE MPRIN, President J RITTER, Mayor
ATTEST: ATTEST:
By: v < % �t � By: &A 1 *
oan Thurman, Clerk of the Board Marc' Kilian, City Clerk APPROVED AS TO FORM. APPROVED AS TO FORM:
White and ht, L Darold Pieper, City Attorney By. By City Attorney
vis #, D's ict Counsel Darold Pieper, y y
RISK MANAGEMENT REVIEW:
By:
APPROVED
Darold Pieper
1221 G52411
Second Supplemental Agreement Page 2 July 1,2011 ForFire Inspection Services
03/14/2023 C3 29 of 52
FIRST SUPPLEMENTAL AGREEMENT WITH THE VISTA FIRE
PROTECTION DISTRICT FOR FIRE INSPECTION SERVICES
THIS FIRST SUPPLEMENTAL AGREEMENT ("Agreement") is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be effective as of July 1, 2010. City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Agreement for Fire Suppression, Fire Prevention, Technical Rescue, Emergency Medical, Hazardous Materials, Administrative Services, and Disaster Preparedness Services dated August 1, 2010 (the "Agreement").
B. For the last three years, the District has funded a Fire Inspector to provide enhanced fire inspection services to the District.
C. ' The. District desires to continue to obtain the Additional Services of a Fire Inspector but at a reduced level.
^ r r ^
D. The Parties desire to supplement the Agreement to provide for these Additional Services as authorized in Section 1.B. of the Agreement.
AGREEMENT
In consideration of the mutual promises and obligations set,forth herein below, and other good and valuable consideration the receipt of which the parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES
A. City shall provide, as Additional Services, the services of a Fire Inspector ("Inspector") to the District for a period of one year commencing on July 1, 2010, at the following levels of Inspector's time: one hundred percent from July 1, 2010—September 30, 2010, and fifty percent from October 1, 2010—June 30, 2011. The Inspector shall perform such special services related to the District's mission as are assigned by the District.
B. The Inspector is, and will remain an employee'of the City which shall be solely responsible for payment of the Inspector's compensation'and benefits. The City shall indemnify and hold the District harmless from and againseany claims by the Inspector arising out of or relating to the Inspector's employment.
C. This agreement may be terminated by either party with 60 days advanced ' notice.
SECTION 2. COST OF ADDITIONAL SERVICES
A. The Cost�of Additional Services shall equal one hundred percent of the Inspector's salary (actual wages and costs of benefits) for the first three months (July 1, 03/14/2023 C3 30 of 52
2010—September 30, 2010) not to exceed $10,000 per month, and fifty percent of the salary for the remaining term of the agreement (October 1, 2010—June 30, 2011) not to exceed $5,000 per month.
B. The City may invoice the District for the Cost of Additional Services on a monthly basis, or for a longer period as may be convenient to the City.
SECTION 3. EXISTING AGREEMENT
Except as modified or changed herein, all of the terms and provisions of the Agreement are incorporated herein and shall remain in full force and effect.
IN WITNESS WHEREOF, the authorized representatives of the parties have set their signatures below.
APPROVED BY DISTRICT: APPROVED BY CITY:
Date: 2 /3 sI0 16 Date: September 28, 2010 Resolution No. Resolution No. 2010-133
DISTRICT: CITY:
Vista Fire P rf City of Vista
B By: Yke�
R L ER, Pre 'dent MORRIS R. VANCE, Mayor
ATTEST: ATTEST:
By: Ae"4 ' t'A
J n urman, Cl�rkofthe Board Marci Kilian, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:
White and right, LLP
By: By:
Davis S. Bright, st ict Counsel Darold P' er, City Attorney RISK MANAGEMENT REVIEW:
By
VW
First Supplemental Agreement Page 2 July 1,2010 for Fire Inspection Services
03/14/2023 C3 31 of 52
AGREEMENT FOR FIRE SUPPRESSION, FIRE PREVENTION, TECHNICAL
RESCUE, EMERGENCY MEDICAL, HAZARDOUS MATERIALS,
ADMINISTRATIVE SERVICES, AND DISASTER PREPAREDNESS SERVICES THIS AGREEMENT ("Agreement") is made by and between the chartered City of Vista ("City") and the Vista Fire Protection District ("District") to be effective as of August 1, 2010. City and District are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. District is a local agency, corporate and politic, organized and operating under the Fire Protection District Law of 1987 (commencing at Section 13800 of the California Health and Safety Code). District desires to obtain general and specialized fire suppression, fire prevention, emergency medical services, and disaster preparedness services (collectively, the "Services") from City, pursuant to the terms and conditions of this Agreement.
B. City is a chartered municipal corporation organized and operating under the Constitution of the State of California. City, by and through its Fire Department, desires to provide the Services to District, pursuant to the terms and conditions of this Agreement.
C. The Parties recognize the unique mutual benefit of extending City's Services to District due to the parties' geographical proximity, District's source of funding for such Services, the cost to District of establishing an independent fire department, and the incremental cost to City for providing such Services to District.
D. The Parties have entered into this Agreement under authority of Section 54980 et seq. of the California Government Code.
AGREEMENT
In consideration of the mutual promises and obligations set forth herein below, and other good and valuable consideration the receipt of which the parties hereby acknowledge, District and City agree as follows:
SECTION 1. SCOPE OF SERVICES.
A. INCLUDED SERVICES
The Services provided under this Agreement shall include the following: (1) Fire Suppression Services; (2) Fire Prevention Services; (3) Technical Rescue Services; (4) Emergency Medical Services; (5) Hazardous Materials Response Services; (6) Administrative Services; and (7) Disaster Preparedness Services. These Services are defined as follows:
1. Fire Suppression Services include the coordinated emergency response to fires with appropriate resources;
2. Fire Prevention Services include activities necessary to prevent or mitigate property or life loss;
Fire services Agreement Page 1 August 1,2010 100727 CON VMW-Vista Fire Pmtecl i Distnd-Fire services-Finatdoc 03/14/2023 C3 32 of 52
3. Technical Rescue Services include specialized types of emergency responses such as swift water, trench, confined space, or high angle rescues;
4. Emergency Medical Services include the initial response and the coordination of the treatment and transport of the sick and injured from the point of origin to a receiving facility;
5. Hazardous Materials Response Services include those services that provide a first responder level response to any spill, release, fire or explosion of hazardous materials as defined by U.S. Department of Transportation. City contracts through the Unified Disaster Council of San Diego for the hazardous materials response teams which are included as part of this Agreement;
6. Administrative Services are defined as those functions typically employed to maintain accountability, training, and service delivery of available fire service resources; and
7. Disaster Preparedness Services include those activities that are specifically designed for preparation, mitigation, response, and recovery from disasters.
B. ADDITIONAL SERVICES.
At its discretion, District may request City to provide Additional Services, or to change or modify the levels of Services being provided by City, or to provide District services to City, that have not been included in the Agreement. Such Additional Services may be limited in scope and need not be provided equally within City or District, but may be provided by one Party to the other Party, or to both parties, as mutually agreed. Such Additional Services may be provided by City or by District upon the mutual written agreement of both City and District, by inclusion in this Agreement or by a written amendment to the Agreement duly approved and executed by the respective governing bodies. Except as provide herein or separately, there are no other additional services.
C. EMERGENCY SERVICES.
In the event of an emergency or other necessity, this Agreement shall not limit the authority of City or District to act on its own behalf to protect the public health, safety and welfare. In such an event, City or District may, at its own discretion, provide services within the territory of the other Party that are not anticipated in this Agreement, but in no event shall District be required to pay more than the amount set forth in this Agreement.
D. OTHER SERVICES.
Nothing in this Agreement shall prevent District or City from providing any services outside the scope of this Agreement within their own respective territories, at their own cost and expense. However each Party agrees to keep the other Party fully informed of such intent and to give written notice to the other Party prior to the approval of such services. Such written notice shall not be deemed a right of first refusal.
SECTION 2. GENERAL CONCEPT OF OPERATIONS.
A. it is understood by both District and City that all Services provided by City to District under this Agreement shall be provided in the same manner and to the same extent as Fire Services Agreement Page 2 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire services-Final.doc 03/14/2023 C3 33 of 52
City provides such services within the territory of City. It is understood that the cost for all Services provided by the Fire Department to District are included under this Agreement.
B. The expression, "in the same manner and to the same extent", as used herein, means that, to the greatest extent practical subject to the operational command decisions of the Fire Chief, the full resources and capacity of City's Fire Department shall be provided within the territory of District with no distinction between the territory of City and District, on an equal basis as such resources and capacity are provided within City, and that emergency incidents or requests for service from within the territory of District shall receive the same priority and response of personnel, equipment and level of service as is provided within the territory of City.
Every effort will be made, to the greatest extent possible, to minimize any disproportionate effects from any improvements or reductions in the Fire Department's resource deployment levels. Specifically, any improvements or reductions in the Fire Department's resources shall affect the level of service within District on a proportionally equivalent basis, measured over a period of one year, with the effect of such adjustments on service within City. For example, if the Fire Department chooses to reduce staffing at a particular fire station within City, any increase in Response Times within District following such reduction, on a percentage basis, shall be no greater than the percentage increase in Response Times within City. Any changes in deployment levels will be communicated to the District prior to implementation.
C. The performance standards and measures for responses to emergency incidents and calls for service provided by City shall be identified in the Standard of Cover (defined in Section 2.G below). All such performance standards and measures shall serve as goals and objectives for the Services provided and not as minimum requirements. City shall use its best efforts to meet the performance standards and measures, but in no event shall City be held liable to District for any failure to meet or obtain such performance standards and measures.
Overall Response Times and performance may vary within City and District due to factors beyond the control of City or District.
D. This Agreement provides resources and a 2417 emergency response staff fully trained and certified as necessary to perform duties as described. To the greatest extent feasible, City shall provide emergency responses utilizing the minimum staffing levels as shown in the following table:
Vehicle type Officer Driver Paramedic Total
Engine 1 1 1 3
Aerial Unit 1 1 1 3
Ladder/Snorkel
Ambulance NIA 1 1 2
Command Unit 1 1*
* Note: Command Units shall be dispatched as needed, depending on the nature of the response, at the discretion of the Fire Chief.
Standard response assignments (i.e., the number of apparatus and personnel) to emergency incidents shall be the same in City and District. Response assignments shall be determined by the Fire Chief in cooperation with regional fire agencies.
E. City's emergency medical service ("EMS") shall be made available in District in the same manner and to the same extent as in City.
Fire Services Agreement Page 3 August 1,2010 100727 CON Vista-Vista Fire Protemon Oisuict-Fire services-Final.doc 03/14/2023 C3 34 of 52
F. City participates in local, county, regional and state mutual and automatic aid agreements. District shall be deemed to be a participant in such agreements to the same degree and extent as City and the Fire Chief shall represent District in all such agreements.
Upon the District's request, the Fire Chief shall provide an evaluation of all such agreements to District and shall advise District on all pertinent matters relating to such agreements. All charges, fees and costs of any kind whatsoever incurred on behalf of District for participation in such agreements shall be borne by City as part of the cost of service under this Agreement.
G. The Fire Department uses a nationally recognized practice, known as the "Standard of Emergency Response Deployment" ("Standard of Cover"), for the combined territories of City and District. The Standard of Cover shall serve as a guideline for the operational responses of the Department and shall include the following elements: risk assessment; demand zones; geospatial characteristics and considerations; transportation networks; future development; temporal (time of day and day of week); distribution of calls; resource concentration; response reliability, and resource distribution. Any updates to the Standard of Cover shall be presented for review and adoption by City and District. The Standard of Cover may not be changed with respect to District without its consent unless the changes to the Standard of Cover are applicable throughout City as well as District; provided, however, any increase in rural Response Times, on a percentage basis, shall be no greater than the percentage increase in urban and suburban Response Times.
City shall use its best efforts to maintain Response Time performance within District in the same manner and to the same extent as in City. For the purposes of the Agreement Response Time shall be determined as follows:
1. The "Reflex Interval" is the time lapse between the activation of the station and/or unit alerting devices to a dispatched call for service and the notification by the responding unit that it has commenced its actual response to the incident and is rolling. The Reflex Interval is assumed to be two minutes for purposes of calculating Response Time.
2. The "Travel Interval" commences upon completion of the Reflex Interval and terminates when the responding unit notifies the dispatch center that it has arrived at the location assigned. EMS Response Times shall be measured by the arrival of the first unit capable of providing advance life support.
3. "Response Time" is measured in minutes and seconds and consists of the Reflex Interval added to the Travel Interval. The allowable Travel Interval for a specific response shall be as set forth in the Standard of Cover that is then in effect. Exhibit 1 reflects the Travel Intervals established in the Standard of Cover in effect as of the date of this Agreement.
H. City shall provide the services of a Fire Marshal, who shall serve as District's Fire Marshall as outlined in Section 7, and will perform the typical duties of a fire marshal and who shall attend regular and special meetings of District, as required, to provide advice, and present reports and recommendations on fire prevention services. The Fire Marshall shall determine the desired scope and frequency of fire prevention inspections which shall be based upon experience and history, consistent with the availability of time and resources. Additionally, the Fire Marshall shall provide for preparation of materials for cases appealed to the Board of Directors of the VFPD; staff support for the Board of Directors of the VFPD during appeal hearings; and other duties as required.
Fire Services Agreement Page 4 August 1,2010 100727 CON Vista-Vists Fire Protection District-Fire services-Final.doc 03/14/2023 C3 35 of 52
The following performance goals and standards shall apply to District in the same manner and to the same extent as in City relative to activities of the Fire Marshall with respect to enforcement of the Fire Code.
TASK FREQUENCY
As necessary, completed no later than 15
Plan review of proposed construction working days after submittal of a complete application
As necessary, completed within two
New construction inspections working days of requested time By regulation and hazard class and no
Existing occupancy inspections less than 1 time in a rolling 24 month period
As necessary, completed within three
Special risk inspections working days of requested time As necessary, completed within two
Internal protection systems design review working days of requested time Storage and handling of hazardous materials As necessary, completed within three including Superfund Amendments and working days of requested time Reauthorization Act Title III compliance
I. City shall provide disaster preparedness planning and emergency management services for District in the same manner and to the same extent as City undertakes such services on its own behalf. Services include collaboration with the county and state Office of Emergency Services (OES) as applicable.
J. City shall maintain and keep such records as may be required by the Insurance Services Office ("ISO") and all applicable State and federal laws and regulations. City shall use its best efforts, within the limit of its authorized appropriations, to maintain or improve the ISO rating for both District and City. City and District understand and acknowledge that maintaining an ISO rating cannot be guaranteed. Nevertheless, City and District shall cooperate in developing a plan to retain an ISO rating appropriate to the community. In the event a reduction (i.e. a higher rating number) in the ISO rating is threatened or occurs, the Fire Chief shall prepare a report and recommendations to the City Council and the District Board concerning the pending change.
K. The Fire Department will participate in District community events in the same manner and to the same extent as it participates in similar events within City.
L. All administration and supervision for the services provided under this Agreement are included in the cost of services. The Fire Chief, to the most practical extent possible, will attend regular monthly meetings of District Board to provide advice, seek direction, and present reports and recommendations concerning all matters within the scope of this Agreement.
M. City shall not be responsible for any fire hydrants located within District. District shall not be responsible for any fire hydrants located within City.
N. District is authorized and empowered to adopt a schedule of fees and charges for services it provides, including Services provided under this Agreement. As agent for District, Fire services Agreement Page 5 August 1,2010 100727 CON Visla Vista Fire Pmfechon Disitid•Fire services-Final,doe 03/14/2023 C3 36 of 52
City shall assist District in receiving District's fees and charges for the Services provided under this Agreement that are consistent with the normal activities and procedures of the Fire Department ("City-collected Fees"). City agrees to collect City-collected Fees through normal City collection process. City shall use its best efforts to collect all City-collected Fees, but under no circumstances shall City be held liable to District for any failure to collect any City-collected Fees unless otherwise mutually agreed upon and evidenced by a separate writing approved and executed by the governing bodies of City and District.
O. In the event District acquires or constructs any equipment, furnishings, apparatus, real property or improvements to real property (collectively, "District Property") to be used in providing Services under the Agreement, City agrees to maintain and operate such District Property with normal care and prudence. City shall not abuse or commit any waste of District Property while such property is under the care or use of City, normal wear and tear excepted.
P. In the event District constructs and provisions a fire station within District, City agrees it shall staff, operate, and maintain such facility in same good order and condition as stations located within City, at City's sole expense, without any exception whatsoever. Without limitation on the generality of the foregoing, such costs borne by City shall include all (i) repairs, (ii) improvements required by law, (iii) utilities, and (iv) insurance, both liability and property in an amount sufficient to rebuild and restore the facility to its condition prior to any such casualty.
1. The foregoing obligations of City are subject to City's approval of the facility location, design and construction. Such approval shall be given if the facility is designed, constructed and provisioned in accordance with current standards utilized by the County of San Diego for construction of similar facilities, provided that such standards, functionality and amenities, other than station size, are not less than those utilized for its Station No. 66, 14145 Hwy 94, Jamul, CA 91935. City shall have the right, but not the obligation, to inspect all design documents and specifications, and all construction activities of any nature whatsoever.
2. Fixed signaling, communications, and computer networking equipment and internal and external wiring and circuits, and all off site improvements, will be provided by District at District's expense. City will provide the services necessary to connect the station's signaling, communications, and computer networking equipment to City's systems.
3. District shall provision a station that is in "move-in" condition, including all fixtures, furnishings and equipment of the fire station other than that to be provided by City.
4. City shall provide all fire apparatus and their equipment, movable business equipment such as desktop computers, expendable supplies, and personal firefighting gear.
5. In the event District constructs a fire station in the northern half of the District, City Fire Station No. Three will be closed and replaced by District's fire station.
Q. Notwithstanding the generality of the first sentence of Subsection P, above, in the event of an unforeseen regulatory requirement imposed by a superior jurisdictional authority, which mandates a major modification of District's fire station at a substantial expense, City will not be obligated to pay for such modification provided that: (i) City either funds or seeks approval from City's residents by way of a special proposition to pay for similar modifications to Fire Services Agreement Page 6 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire services-Final.doc 03/14/2023 C3 37 of 52
City's fire stations, if required, and (ii) District fails to obtain approval from District's residents for a similar assessment or to otherwise fund the modifications.
SECTION 3. COSTS OF SERVICES.
A. PHASING.
The agreed total cost of Services and method of payment under this Agreement utilizes two separate cost structures: a transitional cost methodology and a final or permanent cost methodology. These methodologies shall be implemented in two consecutive phases: the "Transition Phase" being the first phase beginning in Fiscal Year ("FY") 2010 and continuing through FY 2012, and the "Final Phase" beginning in FY 2013 and continuing through termination of this Agreement (a FY begins on July 1 of the stated year and continues through June 30 of the following year).
B. TRANSITION PHASE.
This Agreement provides for a transition over four years from the AIV cost formula under the Parties prior agreement effective July 1, 2005 (the "Prior Agreement"), as defined in Section 3.13.1, to a fixed percentage of 90% of Total District Revenue per year, as defined in Section 3.13.2, and calculated in accordance with the following terms:
1. The formula for the total cost of Services under the Prior Agreement was the ratio of District's secured assessed valuation ("AN") to the combined total secured AIV of City and District for the immediate preceding fiscal year, multiplied by the total Fire Department budget.
2. "Total District Revenue", as collected and distributed by the County to District, includes Property Tax, Fire Mitigation fees, Permit fees, and First Responder fees.
District agrees not to take any actions that would inhibit or reduce the payments from County to District. Total District Revenue also includes all City-collected Fees, provided that City-collected Fees for ambulance services include only fees that are generated wholly within District. The following are not included as part of the Total District Revenue: (a) repayment of Proposition 1A funds withheld by the State of California from District's 2009-2010 property tax revenues; and (b) District investment income.
3. During the Transition Phase a cumulative rate reduction of 25% shall be applied per year, based on the difference in the cost of service between the two formulas described in Sections 3.B.1 and 3.B.2, beginning in FY 2010 and ending in FY 2013.
4. For purposes of calculating the cost of Services during the Transition Phase, the following Definitions shall apply:
• "Department Budget" = the current total budget allocation for the Fire Department including capital equipment assessments (cost divided by useful life), rentals, salaries, and all associated costs, as previously calculated under the Prior Agreement, but specifically excluding any costs related to the purchase of real property;
Fire Services Agreement Page 7 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire services-Final doe 03/14/2023 C3 38 of 52
• "Current Secured AN" = the percentage of the total secured assessed valuation of District divided by the total secured assessed valuation of City and District, combined;
• "Original District Cost" = the total annual cost to District, paid to City, based on District's percentage of secured assessed valuation in accordance with Section 3.B.1, above;
• "Target Cost" = 90% of Total District Revenue (as defined in 3.B.2) • The "Applicable Percentage" (also referred to as the "Sliding Scale") for each year during the Transition period shall be as follows:
FY 2010 = 75%
FY 2011 = 50%
FY 2012 = 25%
FY 2013 = 00%
5. The formula for the Transition period (FY 2010—FY 2013) is established as follows:
• Department Budget X Current Secured AN = Original District Cost • Original District Cost— Target Cost = "Difference in Costs" • Difference in Costs X Applicable Percentage = "Diminishing Costs" • Diminishing Costs + Target Cost= "Total District Cost"
6. In the Transition Phase, each succeeding year will yield a reduction of 25% in the payment to City based on the difference between the AN ratio and 90% of the Total District Revenue, as the example shows in the table below. District and City recognize there will be fluctuations each year relative to the Fire Department budget, AN ratio, and the total revenue coming into District. It is also recognized that there could be potential Fluctuations in the amount paid to City by District. The table below is shown only by way of example of the process by which the actual payment will be determined.
[Continued on page 9.]
Fire Services Agreement Page 8 August 1,2010 100727 CON Vista-Vista Fire Protection Distnct-Fire services-Finsl.doc 03/14/2023 C3 39 of 52
Example of Transition, 2010-2015 Fiscal Years
Estimated AN Original EstimatedTarget Sliding Total District FY FD Budget Ratio Dist Cost District Cost Scale Cost Revenue
2010 $17,217,122 0.19 $3,271,253 $3,024,646 $2,722,181 75% $3 133,985 2011 $17,632,123 0.19 $3,350,103 $3,024,646 $2,722,181 50% $3,036,142 2012 $18,475,057 0.19 $3,510,261 $3,024,646 $2;722,181 25% $2,919201 2013 $19,374,727 0.19 $3,681,198 $3,024,646 $2,722,181 0% $2,722,181 2014 $20,337,379 $0 $3,024,646 $2,722,181 $2,722,181 2015 $21,363,431 $0 $3,024,646 $2,722,181 $2,722,181 Fire Dept. Assumes no 90% of ((Original Budget x growth in Estimated District Cost - A/V Ratio Total Revenue Target
District Revenue) x
Revenue Sliding Scale)
+ Target
Revenue
C. FINAL PHASE.
The final total cost of Services (commencing in FY 2013 and continuing annually thereafter)will be 90% of the Total District Revenue, as defined in Section 3.13.2.
D. ADDITIONAL COST PROVISIONS.
1. Notwithstanding the forgoing, City and District agree that at no time shall the payment for annual services in each fiscal year of either phase, excluding Additional Services, if any, exceed the AfV formula for the total cost of Services as described in Section 3.8.1, as of the commencement of each such fiscal year.
2. With respect to any Additional Services mutually agreed upon to be provided by City to District, or by District to City, the cost of such Additional Services and the amount each Parry shall pay for such Additional Services, shall be described in the separate written agreement.
3. In the event that District receives funds not described as part of Total District Revenue (as defined in Section 3.13.2) that reimburse District for services provided by City at its expense under this Agreement, such funds shall be paid to City as additional compensation under this Agreement. Examples of such funds could include FEMA reimbursements for damage to City equipment operated for District or for wildfire fighting services provided by City within District.
Fire Services Agreement Page 9 August 1,2010 100727 CON Vista-Vista Fire Protection Distnd-Fire services-Final,doc 03/14/2023 C3 40 of 52
SECTION 4. PAYMENT
A. TRANSITION PHASE PAYMENTS
District shall pay for the Services provided by City during the Transition Phase as follows:
1. District shall pay the Target Cost, as described in Section 3.13.4, to City within thirty (30) days of receipt throughout each fiscal year.
2. District shall pay the Diminishing Cost, as described in Section 3.13.5, to City in equal quarterly installments on the first day of each quarter commencing July 1, October 1, January 1, and April 1 of each fiscal year.
3. Total payment to the City will consist of the Diminishing Costs plus the Target Costs to equal the Total District Cost, exclusive of any Additional Services.
4. During the Transition Phase City will account for all City-collected Fees received on behalf of District and remit them to District within 30 days.
B. FINAL PHASE PAYMENTS
District shall pay for the Services provided by City during the Final Phase as follows:
1. District shall pay for the Services provided by City following the Transition Phase as follows: District shall pay to City 90% of District's Total Revenue ("Final Phase Payment"), when and as received, within 30 days of its receipt.
2. During the Final Phase City will credit all City-collected Fees received on behalf of District and credit them against District's cost of Services as received, and shall account to District for such credits no less often than quarterly.
C- OTHER PAYMENT PROVISIONS
1. In the event Additional Services are provided pursuant to Section 1.13 above, each party shall pay the other party for such Additional Services as provided in the written agreement respecting such Additional Services.
2. Payments not received within 30 days of the due date shall be considered delinquent and may be subject to interest and/or penalties in accordance with the receiving Party's standard policies for delinquent receipts. At the conclusion of each Fiscal Year, the parties shall calculate the amount actually owed, and settle the balance owed by either Party, if any, accordingly.
3. Failure by either Party to make payment when due shall constitute a material breach of this Agreement. In the event of any such material breach, the non- breaching Party reserves all rights under law or equity with respect to the Agreement, including the right to terminate the agreement or to withhold Services upon giving the other Party 60 days prior written notice. Notwithstanding the immediately preceding provision, the non-breaching Party shall not withhold services normally provided under customary automatic aid or mutual aid Fire Services Agreement Page 10 August 1,2010 100727 CON Vista-Vista Fire Protection Distract-Fire services-Final.doc 03/14/2023 C3 41 of 52
agreements in the event of an emergency call for services and the breaching Party is unable to respond. In such event, however, the non-breaching Party shall be entitled to recover its cost of services provided.
SECTION 5. INSPECTION OF RECORDS; REPORTS.
A. Upon five working days advance written notice, and during all regular business hours. City and District shall have the right, at their own respective cost or expense, to inspect or audit the financial and other records of the other Party pertaining to this Agreement, including that Party's books of accounts related to the Fire Department and other activities for which the auditing Party is being charged. City and District shall have access to such records through their own respective designated representatives.
B. The Fire Chief shall prepare and issue a written monthly report to City and District regarding the activities and performance of the Fire Department on all Services provided under this Agreement. Each monthly report shall be presented within 60 days after the end of the month.
C. In addition to monthly reports, the Fire Chief shall provide an annual report of services to the Board of Directors. This report shall summarize the performance of the Fire Department relative to Response Times, inspections, loss/save ratios, and other pertinent information as may be deemed necessary by the Fire Chief or as may be requested by the Board.
SECTION 6. ADMINISTRATION.
A. District may designate its Board or an ad hoc committee of the Board, to represent District on all matters pertaining to the administration of this Agreement.
B. City may designate its City Council, or an ad hoc committee of the City Council to represent City on all matters pertaining to the administration of this Agreement.
C. City Council and Board shall, within 45 days of a request by either Party, establish ad hoc committees of the respective bodies and meet together to review and consider any matter of mutual concern or interest.
D. The Fire Chief, acting under the general direction of City Manager, shall have sole authority to direct the operations and delivery of all Services provided by City to District.
SECTION 7. OFFICERS AND EMPLOYEES.
A. With respect to employee rights and entitlements, and employer obligations and duties, provided under applicable State or federal laws, each Party shall be solely responsible to, and liable for the conduct, actions, and omissions of, its own employees.
B. Notwithstanding anything in this Agreement to the contrary, solely for the purposes of Section 13873 of the California Health and Safety Code (providing that employees of a fire protection district shall have the powers of a peace officer while engaged in the prevention or suppression of fires and the protection and preservation of life and property), officers and employees of City shall be deemed employees of District within the territory of Fire Services Agreement Page 11 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire services-Final.Coc 03/14/2023 C3 42 of 52
District, including, but not limited to, actions associated with rescue services, emergency medical services, hazardous material emergency response services and ambulance services.
C. With respect to any services provided under this Agreement, the City Fire Chief shall be deemed to be the District Fire Chief for purposes of exercising all of the rights, duties, privileges and obligations conveyed or imputed by law to that office within District.
D. Solely for the purpose of administering or enforcing laws, ordinances or regulations within the territory of District, the officers or employees of City responsible for such administration or enforcement shall be deemed to be officers or employees of District, fully authorized and empowered to act on behalf of District in the performance of such duties.
E. The designation of City's officers and employees as officers or employees of District pursuant to this Section 7 shall be limited to the purposes of this Section only, and such designation shall not be construed for any other purpose, including the indemnity provisions under Section 8 below.
SECTION 8. INDEMNITY AND RIGHT OF CONTRIBUTION.
A. Pursuant to the authority granted under Section 895.4 of the California Government Code, each Party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party, including the other Party's officers, directors, employees and agents (collectively, the "Indemnified Party"), against any and all liability, demands, claims, costs, damages, and expenses, including reasonable attorney fees, (hereafter, "Losses") incurred by the Indemnified Party, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party or its officers, agents or employees, or from any Losses arising from the dangerous condition of the Indemnifying Parry's property, arising from or related to that Party's performance under this Agreement.
B. At its own cost and expense, the Indemnified Party may participate in the defense of any action or lawsuit, or in the prosecution of any appeal of any judgment or ruling in any such action or lawsuit, where the duty of defense or prosecution is imposed on the Indemnifying Party.
C. The parties shall have the right of contribution against each other in the event of any judgment of liability against either Party related to any Services provided under this Agreement. The amount of contribution for which either Party shall be liable shall not exceed that Party's proportional fault in the action giving rise to the liability.
SECTION 9. TERMINATION OR DELAY IN PERFORMANCE.
A. TERMINATION FOR CAUSE.
1. In the event either Party is in material breach of this Agreement, including the performance standards set forth in Section 2 ("General Concept of Operations"), the other Party shall have the right to terminate the Agreement for cause, provided that the non-breaching Party first provides notice of its intention to terminate and the reasons therefore and, provided further that, (i) in the event of City's material breach of performance standards in Section 2.G., City is unable to cure the breach within six months of District's notice of its intent to terminate notwithstanding City's best efforts; and (ii) for all other types of material breach by either Party, the Party in breach shall have a minimum of 30 days to cure prior to the effective date of Fire Services Agreement Page 12 August 1,2010 100727 CON Vista-Vista Fire Pmtection Distract-Fire services-Final.doc 03/14/2023 C3 43 of 52
termination. In the event of termination for cause, the exact date of termination will be set by Party giving notice, with the understanding the non-breaching Party may extend the termination date by up to twelve months or more to implement alternative arrangements following the other Party's failure to cure.
2. If either Party shall be delayed or prevented from the performance of any act required under this Agreement, including the performance standards set forth in Section 2 ("General Concept of Operations"), by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the Party obligated, performance of this act shall be excused for the period of the delay and the period for the performance of any act shall be extended for a period equivalent to the period of the delay.
B. SERVICE IN THE EVENT OF TERMINATION
1. In the event City terminates this Agreement for cause, City shall have no obligation to provide Services after the date of termination.
2. In the event District terminates this Agreement for cause, City agrees to provide all Services described in this Agreement to District, but only to the extent that City is:
(a) providing similar services to City residents, and (b) subject to City's current Standard of Cover, as determined from time-to-time. District shall pay City for the Services based on the cost per call as determined by using the full cost accounting method described in the Exhibit 2 exemplar ("Full Cost of Services"). The cost per call shall be determined as of the time Services are provided and shall be adjusted as City costs change. District and City agree these Services shall be provided until the District notifies the City that the District is terminating this provision.
The District shall initiate such termination by giving written notice of its intention to terminate to City no later than December 31 of the fiscal year which ends three years prior to the termination date (i.e., minimum 42 months notice). The written notice shall be accompanied by a resolution of the elected body of District.
SECTION 10. TERM OF AGREEMENT.
A. The term of this Agreement shall be for 25 consecutive years commencing on August 1, 2010, and terminating on June 30, 2035 ("Termination Date"). Unless the Agreement is terminated for cause in accordance with Section 9 or by notice as provided in this Section 10, this Agreement shall automatically renew in ten-year intervals and a new Termination Date shall be accordingly established after each renewal.
B. Either Party may terminate this Agreement by giving written notice of its intention to terminate to the other Party no later than December 31 of the fiscal year which ends five years prior to a Termination Date (i.e., minimum 66 months notice). The written notice shall be accompanied by a resolution of the elected body of the Party giving notice.
SECTION 11. OWNERSHIP OF ASSETS.
A. In the event District has, acquires or constructs any property, real or personal, including any equipment, supplies, apparatus, land or improvements and such property is used by City in providing Services, City and District shall develop a separate agreement for the use of District property. In the case of the construction of a fire station contemplated under Section 2.P Fire Services Agreement Page 13 August 1,2010 700727 CON Vista-Vista Fire Pratedon Oishict-Fire services-Final.doc 03/14/2023 C3 44 of 52
("General Concept of Operations", Subsection P), any additional agreement shall not conflict with the provisions of this Agreement, which shall be explicitly incorporated by reference.
B. Except as otherwise provided herein, or as otherwise mutually agreed upon by the parties, City shall supply the personnel, facilities, equipment, apparatus, materials and supplies for the provision of the Services to District in accordance with this Agreement.
SECTION 12. LIMITATION OF LIABILITY.
Except for City's obligation to pay for certain mutual and automatic aid as provided in Section 2.F, neither City nor District, shall be liable for the costs of any services provided by any third party for the benefit of the other Party, including the cost of any mutual aid, disaster relief, or emergency responses provided by any agency of the federal government or the State of California, County of San Diego, or any other local agency or private party. City and District shall hold each other harmless from and against any and all costs or claims of such third parties for such services provided for the benefit of that Party.
SECTION 13. NOTICES.
A. Any notices required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand (including overnight courier service) during receiving Party's regular business hours; or (b) on the third business day following deposit in the United States mail, registered mail postage prepaid, to the addresses set forth below, or to such other addresses as the Parties may, from time to time, designate in writing.
B. Addresses for all such notices shall be as follows or as otherwise designated in writing by either Party:
To Ci : To District:
City Manager Clerk of the Board
City of Vista Vista Fire Protection District
200 Civic Center Drive c/o Mrs. Joan Thurman, CPA Vista, California 92084 955 Vale Terrace Drive, Ste. A Vista, California 92084
With a copy to: With a copy to:
Fire Chief David S. Bright, Esq.
Vista Fire Department White and Bright, LLP
200 Civic Center Drive 970 Canterbury Place
Vista, California 92084 Escondido, California 92025 SECTION 14. SEVERABILITY.
If any court or arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity of and ability to enforce the remaining provisions, or portions of them, shall not be affected, provided that the invalid provision is not fundamental to either Party's performance.
Fire Services Agreement Page 14 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire services-Finatdoc 03/14/2023 C3 45 of 52
SECTION 15. SURVIVAL.
The rights and obligations created by Section 8 of this Agreement, with respect to indemnity and right of contribution, shall survive the termination of this Agreement. In the event District is entitled to post-termination Services in accordance with Section 9.6.2, the provisions of Section 5.A shall survive the termination of this Agreement.
SECTION 16. AMBIGUITIES.
Each Party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement and this Agreement shall be construed in a neutral manner.
SECTION 17. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the authorized representative(s) of the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
SECTION 18. REMEDIES.
Except as expressly provided otherwise in Sections 4 and 8 of this Agreement, neither Party shall be entitled to receive damages from the other Party as a result of any breach, default, performance or non-performance of any obligation under this Agreement. The parties expressly reserve to themselves all other rights and remedies available under law or equity respecting the interpretation or enforcement of this Agreement. No such right or remedy shall be deemed to be exclusive and all such rights or remedies shall be cumulative.
SECTION 19. DISPUTE RESOLUTION; ATTORNEY FEES.
A. In the event any dispute arises between the parties concerning the interpretation or performance of any obligation under this Agreement, the aggrieved Party shall notify the other Party of the existence and nature of the dispute in writing. Upon receiving a notice of dispute, the Party receiving such notice and the aggrieved Party shall endeavor to resolve the dispute through good faith efforts. If the dispute is not resolved within a reasonable period of time, prior to initiating any legal action or proceeding, other than to obtain essential and time- critical equitable relief pending the dispute resolution process described in this Section 19 ("Dispute Resolution; Attorney's Fees"), the parties agree to submit the dispute to third-party assisted mediation, under the mediation rules of the American Arbitration Association. The parties agree to participate in such mediation in good faith and to share the cost of such mediation equally. In the event the dispute is not resolved through such third-party assisted mediation, either Party may initiate an action in a court of competent jurisdiction within the County of San Diego, California seeking an adjudication of the dispute.
B. In the event an action is initiated by either Party, the Party deemed to be the prevailing Party by the adjudicating authority shall be entitled to recover its costs of suit, including without limitation reasonable attorney fees and expert witness fees, if any, as Fire Services Agreement Page 15 August 1,2010 100727 CON Vista-Vista Fire Pmteaon CWhct-Fire samcas-Final_doc 03/14/2023 C3 46 of 52
determined by the adjudicating authority. Notwithstanding the preceding sentence, if either Party initiates any legal action or proceeding, other than to obtain essential and time-critical equitable relief pending the dispute resolution process described in this Section 19, without first attempting to resolve the dispute through good faith efforts and mediation and provided in Paragraph A, above, such Party shall not be entitled to recover its attorney fees.
C. The requirement to submit disputes to third-party mediation under Paragraph A, above, shall not apply to any default for non-payment of the amounts due to City under Section 4 of this Agreement.
SECTION 20. NO ASSIGNMENT; SUCCESSORS-IN-INTEREST.
A. Neither Party to this Agreement may voluntarily assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the other Party to this Agreement, which consent may be withheld at that Party's sole and absolute discretion. Any attempted assignment or delegation in violation of this provision may be voided at the option of the non-assigning or non- delegating Party.
B. This Agreement is binding on the parties, and on any involuntary heirs, successors-in-interest, receivers, trustees, or administrators of the parties, or voluntary assigns or delegates with the consent of the non-assigning or non-delegating Party.
SECTION 21. ENTIRE AGREEMENT; AMENDMENT.
A. This Agreement, including all exhibits and attachments, constitute the final, complete and exclusive statement of the terms of the Agreement between the parties pertaining to the provision of Services contemplated herein and supersedes all prior and contemporaneous understandings or agreements of the parties.
B. No amendment or modification to this Agreement shall be effective unless mutually agreed upon and approved by the governing bodies of both parties, and expressed in a written amendment to this Agreement executed by the authorized representatives of each Party.
SECTION 22. COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one instrument. [Continued on page 17.1
Fire Services Agreement Page 16 August 1,2010 100727 CON Vista-Vista Fire Protection District-Fire sendces-Final.doc 03/14/2023 C3 47 of 52
IN WITNESS WHEREOF, the authorized representatives of the parties have set their signatures below.
APPROVED BY DISTRICT: APPROVED BY CITY r�
Date: 7� o f �/d Date: GLt�,Q7 c�iD O Resolution No.: Resolution No.: aolo !t 8
DISTRICT: CITY:
Vista Fire Protection District City of Vista
0 111C,—
By: By: TMI
R AD MI , Pre e t MORRIS B. VANCE, Mayor ATTEST: ATTEST:
Marci Kilian, City Clerk
By:
oan Thurman, Clerk of the Board
By:
APPROVED AS TO FORM: APPROVED AS TO FORM:
White and Bright, LLP Darold Pieper, Ci Attorney
By: f By:
David S. Bright, Doct Counsel
I
APPROVED
Darold Pieper
1712 072310
Fire Services Agreement Page 17 August 1,2010 100723 CON Viola-Vista fire Protection Oestrict-Fire services-Final docx 03/14/2023 C3 48 of 52
EXHIBIT 1
STANDARD OF COVER TRAVEL INTERVALS
This table describes the VFD standard Travel Interval times in accordance with Section 2.G.2.
Distribution
Time Minimum Response Urban Suburban Rural Compliance% Standard All Risks 1st Unit:Engine or Aerial Unit' 5 min 40 sec 6 min 30 sec 8 min 90% Standard High 4 Eng.1 Aerial Unit,1 Amb.,BIC 9 min 30 sec 11 min "Min30 "90%.
Standard Medium 3 Eng. 1 Aerial Unit.1 Amb,BIC 9 min 10 min 30 sec 11 min 90% Standard Low i Eng 5 min 40 sec 8 min 8 min 90% EMS
Standard High i Eng., 1Amb. 6 min 0 sec 8 min 30 sec 9 min 30 sec 90% Standard Medium 1 Eng., 1 Amb 6 min 0 sec 8 min 30 sec 9 min 30 sec 90% Standard Low 1 Eng, 1 Amb 6 min 0 sec 8 min 30 sec 9 min 30 sec 90% Rescue
Standard High 2 Eng, 1 Aerial Unit, 1 Amb,SIC 9 min 10 min 30 sec 11 min 30 sec 90% Standard Medium 1 Eng. 1 Aerial Unit, 1 Amb,BIC 8 min 30 sec 11 min 0 sec 11 min 90% Standard Low 1 Eng, i Amb 8 min 0 sec 8 min 9 min 90% tNildland NNW
Standard Red Flag Bi 3 type-3,2 type-1,wT,LRA aircraft(CDF if SPA) 10 min 24 sec 13 min 18 min 12 sec 90% Standard High BIC,3 type-3,2 type-1,WT, LRA aircraft(CDF if SPA) 10 min 24 sec 13 min 18 min 12 sec 90% Standard Medium BIC,2 type-3,2 type-1,(Aircraft,CDF on request) 10 min 24 sec 13 min 18 min 12 sec 90% Standard Low BIC,2 type-3,2 type-1,(Aircraft,CDF on request) 9 min 13 min 0 sec 18 min 12 sec 90% Haz-Mat
Standard Investigation(low) 1 eng 5 min 40 sec 6 min 30 sec 8 min 90% Standard Response(high) 2 Eng, 1 Aerial Unit, 1 Amb, BIC 9 min 10 min 30 sec 11 min 30 sec 90% Source: Vista Fire Department, Standards of Response Coverage Analysis (2010) p. 44.
Fire Services Agreement Exhibit 1 August 1,2010 1OW27 CON Vista-Vista Fire protection Distnct-Fire seances-Final doc 03/14/2023 C3 49 of 52
EXHIBIT 2
VISTA FIRE DEPARTMENT
FULL COST PER CALL CALCULATION
2009 EXEMPLAR
1 TOTAL CITY STAFFING COST $37,019,984
2 Fire Department Staffing Cost $12,922,567 3 Fire Dept. % of total City Staffing Cost(VAl) 34.91% 4 TOTAL GENERAL GOVT. BUDGET $5,550,738
5 Fire Dept. % of total City Staffing Cost 34,91% 6 Fire Dept. Allocation of GG budget (t4xt5) $1,937,596 7 Fire Dept. Budget $17,355,681
8 Total Cost Fire Dept. Services (t6+t7) $19,293,277 9 TOTAL CIVIC CENTER GG DEPT. SQ. FT. 25,862
10 Fire Dept. % of total City Staffing 34.91%
11 Fire Dept. Allocation of GG Civic Center Sq. Ft. (nxtlo) 9,028 12 Fire Dept, Admin. Civic Center Sq. Ft. 8,525 13 Total Fire Dept. Related Civic Center Sq. Ft. (t12+t13) 17,553 14 Total Civic Center Sq. Ft. 94,342
15 % Civic Center Fire-Related (113414) 18.61% 16 Total Cost Civic Center $55,267,950
17 Cost of Civic Center Fire-Related (t15xtl6) $10,282,790 18 Cost of Civic Center Fire-Related Annualized* y17i40) $257,070 19 20 COST OF EACH FIRE STATION $8,248,424
21 Cost of Six Fire Stations (t20x6) $49,490,544 22 Cost of Six Fire Stations Annualized* y2m) $1,237,264 23 Cost of Capital Improvement Facilities(t18+t22) $1,494,334 24 Total Cost Fire Dept. Services (m) $19,293,277 25 TOTAL COST OF FIRE DEPT. SERVICES INCLUDING
CAPITAL IMPROVEMENT FACILITIES (t22+t24) $20,787,611 26 TOTAL CALLS 2009 10,417
27 COST PER CALL (t25226) $1,996
28 NUMBER OF DISTRICT CALLS 1,235
29 TOTAL COST OF DISTRICT CALLS (1!27xt28) $2,464,500 Annualized over 40 years
Fire Services Agreement Exhibit 2 August 1,2010 100727 CON vista-vista Fire Protection Dstnct-Fire services-Final_eoc 03/14/2023 C3 50 of 52
PRIOR ACTIONS
On May 24, 2022, adopted City Council Resolution No. 2022-76, approving the Seventh Supplemental Agreement with the Vista Fire Protection District for the reconstruction of fire station no. three (Vote: 5-0).
On May 28, 2019, adopted City Council Resolution No. 2019-70, approving the Sixth Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote:
5-0).
On June 28, 2016, adopted City Council Resolution No. 2016-102, approving the Fifth Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
On June 11, 2013, adopted City Council Resolution No. 2013-87, approving the Fourth Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
On June 12, 2012, adopted City Council Resolution No. 2012-99, approving the Third Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
On June 14, 2011, adopted City Council Resolution No. 2011-105, approving the Second Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services (Vote: 5-0).
On September 28, 2010, adopted City Council Resolution No. 2010-133, approving the First Supplemental Agreement with the Vista Fire Protection District for Fire Inspection Services and amending the Fiscal Year 2010/11 Operating Budget (Vote: 5-0).
On July 27, 2010, adopted City Council Resolution No. 2010-118, approving an agreement with the Vista Fire Protection District for fire suppression, fire prevention, emergency medical services, technical rescue, hazardous materials, administrative services and disaster preparedness services, and authorizing the Mayor to execute the agreement (Vote: 5-0).
On February 28, 2006, adopted City Council Resolution No. 2006-51, approving an agreement for the purchase of certain real and personal property owned by the Vista Fire Protection District; and City Council Resolution No. 2006-52, amending the City's Operating Budget for the 2005-2006 Fiscal Year to fund the purchase of specified fire- related assets from the Vista Fire Protection District (Vote: 5-0).
On June 28, 2005, adopted City Council Resolution No. 2005-173, approving an agreement for fire suppression, fire prevention and emergency medical services with the Vista Fire Protection District and authorizing the Mayor to sign the agreement (Vote: 4-0, Campbell absent).
EXHIBIT 4
03/14/2023 C3 51 of 52
On May 26, 1964, adopted City Council Resolution No. 64-38, authorizing the execution of a contract providing for fire protection for the Vista Fire Protection District by the City of Vista Fire Department (Vote: 4-0; Goostree absent).
03/14/2023 C3 52 of 52