Yucaipa City Council
November 28, 2022

Agenda Item No. 8

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire gipijef b7t
FOR: City Council Meeting of November 28, 2022
SUBJECT: Agreement for Fire Protection and Paramedic Services between the City of Yucaipa and the San Bernardino County Fire Protection District RECOMMENDATION:

That City Council:

1. Approve and authorize the City Manager to execute an Agreement with the County of San Berardino County Fire Protection District for the purpose of providing first alarm fire protection and advanced life support (ALS) paramedic services in the unincorporated area of Oak Glen; and

2. Approve and authorize the City Manager to execute and maintain an Assistance by Hire Agreement between CAL FIRE and the City of Yucaipa to extend CAL FIRE's LG-1 provision of services to the unincorporated area of Oak Glen.

BACKGROUND:

On September 27, 1999, the City Council of the City of Yucaipa approved an agreement between the City and the San Bernardino County Service Area 38 (County), for the City to provide fire protection and advanced life support services to the unincorporated community of Oak Glen.

The actual delivery of the said services are provided by, and through, the City's annual contract with the California Department of Forestry and Fire Protection (CAL FIRE). For the services, the County originally agreed to compensate the City in the reimbursable amount of $27,820. A successor agreement was approved by the City Council on January 13, 2003, with minor clarifying modifications from the original agreement. In the 2003 agreement, the annual reimbursement amount was increased to the amount of $39,634 for the service provision.

Pursuant to the provisions articulated in the agreement, the City agrees to contract and provide for such services at no additional cost to the City. A successor agreement was approved by the City Council on February, 2019 which increased the annual reimbursement to $55,448. After the large-scale incidents of 2020 (Apple Fire, El Dorado Fire, El Dorado Mudslides) the Fire Chief and City Manager perfonned a study of the agreement and it was determined that the contract reimbursement was not covering operational costs and there was potentially unwarranted liability -165-

City Council Meeting of November 28, 2022
Fire Protection and Paramedic Services
To the Community of Oak Glen
due to insufficient liability language in the contract. The proposed contract will cover costs of actual services rendered while reducing unwanted liability to the City of Yucaipa.

DISCUSSION:

The City, County and CAL FIRE have mutually agreed that it remains in the best interest of all parties to continue with the provision of fire protection and paramedic services by extending the services presently provided by CAL FIRE through the City. To that end, staff has completed negotiations on another successor agreement with the County Fire Department. This new agreement is essentially the same as the previous agreement with the following exceptions:
• The amount of the annual reimbursement is increasing to $116,987.52, an increase by the amount of approximately 109%.
• The proposed agreement includes an escalation clause, which will enable the agreement to be increased by an amount approximate to the rate CAL FIRE personnel costs increase.
• Legal representatives from the City of Yucaipa, San Bernardino County and CAL FIRE had added and modified language from the previous contract to more clearly identify responsibilities and liabilities. The previous contract did not place a limit on services rendered and read as a full -service contract. The proposed contract has been modified to provide a "First Alarm" or initial attack fire and paramedic services to the Community of Oak Glen. Any Incident escalating past initial attack will remain under Incident Command of the Yucaipa Fire Department/CAL FIRE but will become the fiscal responsibility of the San Bernardino County Fire Protection District All other provisions of the proposed Agreement remain materially the same as they exist in the current agreement with clearer definitions. This includes, but is not limited to, obligations for maintenance, both routine and heavy maintenance, utilities, equipment provisions, facility leasing and insurance requirements and indemnification.

FISCAL IMPACT:

The Fire Protection and Paramedic Services Agreement is intended to provide resources sufficient to cover the costs of service provision to the unincorporated area of Oak Glen. The proposed agreement reflects an increase in the reimbursement amount of approximately 109% to the annual amount of $116,987.52. This amount is reimbursed to the City on a semi-annual basis. There is no further fiscal impact as a result of this action.

Attachments:

Fire Protection Services Agreement
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City Council Meeting of November 28, 2022
Fire Protection and Paramedic Services
To the Conuilunity of Oak Glen
Approved by.//x"I
i
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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
San Bernardino County Fire
Protection District
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
SAP Number
Fire Chief/Fire Warden
(909) 387-5779
City of Yucaipa
City Manager (Ray Casey)
(909) 797-2489
7/1/22 through 6/30/38
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)

FIRE PROTECTION SERVICES AGREEMENT BETWEEN SAN BERNARDINO COUNTY FIRE

PROTECTION DISTRICT AND CITY OF YUCAIPA
This Agreement is made and entered into by and between San Bernardino County Fire Protection District, (hereinafter referred to as SBCFPD), and the City of Yucaipa (hereinafter referred to as CITY).

WHEREAS, effective July 1, 1999, CITY detached from SBCFPD for the purpose of providing fire protection and advanced life support ("ALS")/Paramedic Services within CITY' s jurisdictional boundaries, which services have been contracted for by CITY to be provided by the California Department of Forestry and Fire Protection ("CAL FIRE"); and,
WHEREAS, the CITY, through its contractor CAL FIRE, currently provides fire protection and ALS/Paramedic Services to SBCFPD, specifically to that SBCFPD area depicted in Exhibit "A" hereto as "Area A" pursuant to Agreement No. 19-513; and,
WHEREAS, SBCFPD finds it desirable to continue to contract for fire protection and ALS/Paramedic Services to be provided in "Area A" by CITY through its contract with CAL FIRE, and CITY agrees to contract and provide for such services at no additional cost to CITY; and,
Standard Contract Page 1 of 39

WHEREAS, it is the intent of the parties hereto that fire services in that portion of "Area A" on Exhibit "A" hereto, continue to be furnished to SBCFPD by CITY by and through its contract with CAL FIRE, subject to the terms and conditions contained herein; and,
WHEREAS, it is further the intent of the parties that the ALS/Paramedic Service in that portion of SBCFPD depicted as "Area A" on Exhibit "A" hereto, continue to be furnished to SBCFPD by CITY by and through its contract with CAL FIRE, subject to the terms and conditions contained herein; and, WHEREAS, it is further the intent of the parties hereto that CITY provide fire protection and ALS/Paramedic Services at first alarm assignment levels (see Exhibit "F") for "Area A" (as noted above) and that SBCFPD pay CITY the agreed -upon cost for providing these services; and, WHEREAS, the parties desire to make various changes to Agreement No. 19-513, including but not limited to the following: 1) providing that the CITY's responses are at first alarm assignment levels identified in the new Exhibit "F"; 2) identifying that the City, through its contractor CAL FIRE, will respond to incidents; 3) providing that the CITY will not furnish resources for disaster response beyond the maximum resources set forth in Exhibit "F" under the terms of this contract; 4) stating that SBCFPD owned -vehicles used by CITY or CITY's contractors under this Agreement shall be marked substantially similar to the following: "Yucaipa Fire Department vehicles in cooperation with the San Bernardino County Fire Protection District serving Oak Glen" and requires that SBCFPD provide a similar replacement vehicle should the vehicle be deemed no longer operational; 5) SBCFPD agreeing to provide additional equipment to Yucaipa as described in Exhibit "D" attached hereto; and 6) increasing the annual lump sum/not-to-exceed amount due to CITY by $61,539.52 (from $55,448 to $116,987.52 per fiscal year) which amount now only covers CITY's responses that are at first alarm assignment levels identified in the new Exhibit "F"; and 7) CITY agreeing to SBCFPD's standard indemnification provision; and, WHEREAS, in lieu of preparing an amendment to Agreement No. 19-513, CITY and SBCFPD find it is more efficient to prepare and enter into this new Agreement, which will supersede Agreement No. 19-513, effective on July 1, 2022, through June 30, 2038.

NOW, THEREFORE, it is agreed as follows:

1. During the term of this Agreement, CITY shall be designated as the fire protection and ALS/Paramedic Services provider to "Area A" including first alarm assignment levels as set forth in "Exhibit F", and the Fire Chief designated by CITY for providing fire protection services to and within CITY shall act as the Fire Chief for "Area A", together with all the powers, duties and responsibilities associated with that position in providing the services pursuant to this Agreement. Any incident that requires additional resources exceeding a first alarm assignment (see "Exhibit F" attached hereto and incorporated herein by this reference) will be the financial responsibility of SBCFPD.

2. CITY will furnish to "Area A" fire protection services at first alarm response levels set forth in Exhibit "F", including ALS/Paramedic Services at the same level previously supplied by SBCFPD and which may be provided through separate agreement including auto -aid agreements.

3. CITY will furnish to "Area A" fire cause and origin determination including wildland fire investigations at the same level that it furnishes within its own boundaries.

4. CITY will include "Area A" in fire department disaster response planning at the same level CITY furnishes within its own boundaries. The CITY will not furnish resources for disaster response beyond those set forth in Exhibit "F" under the terms of this contract. The CITY may furnish resources beyond those set forth in Exhibit "F" for disaster response under a separate agreement such as a Mutual Aid agreement or Assistance by Hire agreement between the Parties.

5. CITY is authorized to collect fire prevention inspection fees, excluding fire protection planning fees, in "Area A" which fees shall be adopted by Resolution of the City, and which services and fees shall be consistent with the most current fee ordinance adopted by SBCFPD.

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6. SBCFPD will continue to provide fire protection planning and collect related fees for "Area A" and shall provide CITY with copies of commercial and industrial project conditions upon final approval of such projects by San Bernardino County.

7. CITY shall submit during the term of this Agreement to SBCFPD a yearly report of all fire protection and ALS/Paramedic Services provided within "Area A". The report shall be submitted within 90 days after the end of the calendar year.

TERM AND TERMINATION:

8. Term and Termination. This Agreement shall become effective July 1, 2022, and shall continue in effect until June 30, 2038, unless terminated by either party by giving the other party 365 days written notice of the party's intent to terminate this Agreement.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such address as the respective parties may provide in writing for this purpose:

SBCFPD:

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
Attn: Fire Chief/ Fire Warden
157 W. 5th Street, 2nd floor
San Bernardino, CA 92415-0451
CITY:

City of Yucaipa
Attn: Ray Casey, City Manager
34272 Yucaipa Blvd.

Yucaipa, CA 92399

9. Payment. SBCFPD shall pay the total sum/not-to-exceed amount of $116,987.52 for each fiscal year, commencing Fiscal Year 2022-23, for fire protection and ALS/Paramedic Services provided by CITY to SBCFPD during the term of this Agreement. Such payment by SBCFPD to CITY shall be made as set forth in "Exhibit B" of this Agreement. CITY may give notice to SBCFPD of increased costs (incurred by CITY in providing the services pursuant to this Agreement, and this Agreement may be amended to reflect the increased costs to CITY, with any such amendment to be effective on the date such an amendment has been approved by both Parties. CITY and SBCFPD shall have the option to terminate this Agreement by providing the non -terminating party 365 days written notice of the party's intent to terminate this Agreement if the parties cannot agree on the amount of additional costs proposed by CITY. Should CITY annex all or any portion of "Area A" or otherwise become legally obligated to provide fire protection services and ALS/Paramedic Services to any or all of Area A" at any time during the effective period of the Agreement, the parties hereto agree to pro -rate the actual reimbursement to CITY for those services covered by this Agreement.

A. Following the initial contract year and thereafter, personnel, labor, and benefit costs shall be adjusted annually consistent with CITY fire personnel MOUs (Memorandum of Understanding); while all other non -personnel type budget costs shall adjust annually to allow for a cost -of -living adjustment (COLA) based on the Riverside -San Bernardino- Ontario, CA CPI- U. Any adjustments other than those set forth in this Subparagraph 9.A. shall follow the terms of this Paragraph 9 and shall only take effect if approved by both CITY and SBCFPD pursuant to an amendment to this Agreement. The preceding January through December CPI- U period shall be used when determining the adjustment but shall not exceed four (4) percent or fall below two (2) percent.

Administrative cost related to the execution of this contract shall be adjusted annually and cannot exceed 4%.

Administrative cost that exceeds 4%, must be approved by SBCFPD. Any annual adjustment for consistency with CITY fire personnel MOUs shall not exceed 4%.

10. Premises Lease. SBCFPD hereby leases to CITY the real property, together with the fixtures and furnishings described on Exhibit "C" (the leased Premises) for the sum of $1 per year for duration of this Agreement, on the terms and conditions set forth in this Agreement. During the term of this Agreement, CITY shall maintain in good repair the heating, ventilation and cooling system, plumbing and electrical systems, exterior walls, windows, roof,

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sidewalks, and other like portions of the Leased Premises. CITY shall be financially responsible for said maintenance and repairs up to a maximum of $250 per occurrence. Any repairs and maintenance exceeding $250 per occurrence must receive prior authorization from SBCFPD which shall be financially responsible for any such pre -authorized repairs. An occurrence shall be defined as all repair parts/items, including normal labor as per industry standards for that repair item. An example would be replacement of the water heater would include the water heater, assorted plumbing parts/fittings and installation labor. SBCFPD may not unreasonably withhold authorization for any repairs or maintenance which are necessary to the peaceful occupancy of the Leased Premises, or which are necessary for the replacement of fixtures and furnishings which have exceeded their useful life.

11. Utilities. CITY shall pay all service charges, including charges for electricity, gas, water, sanitation, telephone, and refuse disposal services provided to the Leased Premises.

12. Maintenance Expense. CITY shall provide all necessary routine maintenance expense including janitorial interior maintenance and landscaping maintenance for the Leased Premises.

13. Fire/ALS/Paramedic Apparatus and Equipment, SBCFPD hereby leases to CITY the fire vehicles, apparatus, equipment, and property described on Exhibit "D" (the Vehicular Property) for the sum of $1 per year for duration of this Agreement, on the terms and conditions set forth in this Agreement. Leased fire vehicles will be marked with language substantially similar as the following: "Yucaipa Fire Department vehicles in cooperation with San Bernardino County Fire Department serving Oak Glen." During the term of this Agreement, CITY shall maintain in good repair, by way of a preventative maintenance program and good stewardship, the Vehicular Property, and shall be financially responsible for said maintenance and repairs up to a maximum of $500 per occurrence, or an annual combined limit for all Vehicular Property in the amount of $2,500. Any repairs and maintenance exceeding $500 per occurrence, or over the combined annual amount of $2,500 for all Vehicular Property must receive prior authorization from SBCFPD, which shall be financially responsible for any such pre -authorized repairs. An occurrence shall be defined as all repair parts/items and labor as per industry standards for that repair item. An example would be a fire engine that breaks down on an incident because of motor/engine problems. The costs of towing, all repair parts/items and labor to get the motor/engine repaired and the fire engine back in service would be included in the occurrence. SBCFPD shall further be financially responsible for necessary replacement of the cost of providing and operating the Vehicular Property. SBCFPD will provide a similar replacement fire vehicle or apparatus if vehicles listed in Exhibit "D" have been deemed to be no longer operational and or serviceable. Notwithstanding anything provided in this Agreement. CITY shall be responsible for the costs of repair or replacement of the Vehicular Property transferred hereunder which is consumed, lost, stolen, damaged or destroyed due to the negligence of CITY or CITY's authorized officers, employees, agents, and volunteers.

14. Cost of Providing and Operating Equipment: The cost of providing, maintaining, operating, and replacing any and all property, furnishings and equipment, real or personal, previously furnished by SBCFPD to CITY for fire protection and ALS/Paramedic Services (other than the fire equipment set forth in Exhibit "D" and provided for hereinabove) shall be borne by SBCFPD unless otherwise provided for herein or by separate written agreement, or in section 15.A below.

15.A Personal Protective Equipment, Excluding Self -Contained Breathing Apparatus (SCBA), mobile and handheld radios. The CITY shall, after signing this agreement, provide and maintain, as replacement, all structural and wildland personal protective clothing. SBCFPD shall provide two (2) serviceable SCBA's at SBCFPD's expense consistent with CITY equipment for BP-555. SBCFPD shall provide at SBCFPD's expense one (1) FIRESCOPE compliant mobile VHF and 800mhz radio and two (2) FIRESCOPE compliant handheld VHF radios per apparatus listed in Exhibit "D" consistent with CITY equipment.

16. Indemnification.

SBCFPD, to the extent permitted by law, agrees to indemnify, defend (with counsel approved by CITY), and hold harmless the CITY, its officers, agents, employees, and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from SBCFPD's negligent acts or omissions which arise from SBCFPD' s performance of its obligations under this Agreement. The CITY, to the extent permitted by law, agrees to

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indemnify, defend (with counsel approved by SBCFPD), and hold harmless SBCFPD and their officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the CITY' s performance of its obligations under this Agreement.

In the event SBCFPD and/or CITY is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the agreement, SBCFPD and/ or CITY shall indemnify the other to the extent of its comparative fault.

17. Insurance. SBCFPD herby agrees to obtain and purchase physical damage coverage for the specified leased vehicles and property insurance on the leased facility. The CITY shall provide all insurance as specified below in addition to premises liability coverage with limits of $1,000,000 per claim or occurrence for the subject leased facility. Without in any way affecting the indemnity herein provided and in addition thereto, the CITY shall secure and maintain throughout the contract the following types of insurance or self-insurance with limits as shown.

17.1 Contract Services. SBCFPD has reviewed CITY's contract with CAL FIRE for fire protection and ALS/Paramedic Services, a copy of which is attached hereto as Exhibit "E" and incorporated herein in full by this reference the "CAL FIRE Contract"), which services shall be provided to "Area A" pursuant to that Contract. CITY shall provide, through the CAL FIRE Contract, those forms and levels of insurance set forth therein, and CITY shall ensure that in all policies and as to all coverages provided by CAL FIRE to CITY, SBCFPD and its authorized officers, employees, agents, and volunteers are named as additional insureds with respect to liabilities arising out of the performance of services to "Area A".

17.2 Non- Contract Services. For those services, which as provided by CITY pursuant to this Agreement, other than the services provided to CITY through the CAL FIRE Contract, CITY shall secure and maintain the following types of insurance or self-insurance with limits as shown:

A. Workers' Compensation. A program of Workers' Compensation Insurance or a state -approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $ 250,000 limits covering all persons providing services on behalf of the CITY and all risks to such persons under this Agreement.

B. Comprehensive General and Automobile Liability Insurance or Self- Insurance. This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non -owned vehicles. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000).

C. Waiver of Subrogation Rights. CITY hereby grants the SBCFPD a waiver of any right to subrogation which any insurer of said CITY may acquire against the SBCFPD by virtue of the payment of any loss under such instance. CITY agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the SBCFPD has received a waiver of subrogation endorsement from the insurer. Proof of Coverage. CITY shall, within sixty( 60) days of commencement of this Agreement, furnish certificates of insurance or self- insurance to SBCFPD, evidencing the insurance coverage including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty ( 30) days written notice to SBCFPD and CITY shall maintain such insurance from the time CITY commences performance of services hereunder until the completion of such services.

18. Additional Insured: All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming SBCFPD and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for SBCFPD to vicarious liability but shall allow coverage for SBCFPD to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010. 11 85.

19. General Terms and Conditions.
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a. Representation of SBCFPD. In the performance of the Agreement, CITY, its contractors, agents and employees, shall act in an independent capacity and not as officers, employees, or agents of SBCFPD. b. Change of Address. CITY shall notify SBCFPD and SBCFPD shall notify CITY in writing of any change in mailing address within ten (10) business days of the change. c. Agreement Assignability. Without the prior written consent of SBCFPD, the agreement is not assignable by CITY or CAL FIRE, either in whole or in part.
d. Agreement Amendments. CITY agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both CITY and SBCFPD. e. Correction of Performance Deficiencies. Failure by CITY to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.

In the event of a non -cured breach, SBCFPD may, at its sole discretion and in addition to termination upon 30-day notification to CITY and any other remedies available at law, in equity, or otherwise specified in this Contract:
(1) Afford CITY a time period within which to cure the breach, which period shall be established at sole discretion of SBCFPD; and/or,
(2) Terminate this Contract.
f. Disputes. In the event of a dispute, the parties shall use their best efforts to settle the dispute through negotiation with each other in good faith
g. Attorney Fees and Costs. If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys' fees directly arising from a third -party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.

Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California. i. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the CITY shall notify the SBCFPD within one (1) working day, in writing and by telephone.

Former County and SBCFPD Officials. CITY agrees to provide or has already provided information on former San Bernardino County and SBCFPD administrative officials (as defined below) who are employed by or represent CITY. The information provided includes a list of former County and SBCFPD administrative officials who terminated County or SBCFPD employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of CITY. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County or SBCFPD department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
k. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If

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the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies.

Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default. m. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.

Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act.

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, regulations have been promulgated governing the privacy of individually identifiable health information. CITY acknowledges that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. CITY agrees to fully comply with the terms of HIPAA and HITECH, and regulations promulgated thereunder, and to ensure any Subcontractors utilized to fulfill Services pursuant to this Contract comply with said provisions. CITY further agrees to comply with the requirements of all other applicable federal and state laws that pertain to the protection of health information.

20. Full Agreement. This Agreement contains the entire agreement between the Parties to this Agreement relating to the settlement and transactions contemplated hereby, and supersedes any and all prior agreements, understandings, representations, and statements between the Parties, whether oral or written, and whether by a Party or such Party' s legal counsel. The Parties are entering into this Agreement based solely on the representations and warranties herein and not based on any promises, representations, and/ or warranties not found herein. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing.

21. Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.

The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein.

Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

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IN WITNESS THEREOF, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided.

San Bernardino County Fire Protection District
Curt Hagman, Chairman, Board of Directors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell, Secretary
By

FOR COUNTY USE ONLY

CITY OF YUCAIPA
(Print or type name of corporation, company, contractor, etc.) By ►
(Authorized signature - sign in blue ink)
Name Ray Casey
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:

Deputy
Address 34272 Yucaipa Blvd. Yucaipa, CA
92399
Approved as to Legal Form Reviewed for Contract
► 0-
Scott Runyan, Principal Assistant County Counsel
Date Date
Reviewed/Approved by Department
No -
Date
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Smith N.
s BDU Dahm: IVID 83
13 dlap Scale: 1:80,000
City of Yucaipa
& Oak Glen
"Exhibit A"
A Fire Station Yucaipa & Oak Glen Boundaries
Area A CO1111tV Boundary
0 0.5 1 2 3
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Exhibit B
Payment Schedule
SBCFPD shall make provision to pay the City at a rate of 50% of the total contract amount, two times per year. The City shall prepare and remit invoices to SBCFPD 60 days prior to the due date. The payments shall be due no later than August 31 st and January 31 st of each fiscal year.

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Exhibit C
Leased Premises
Subject to the term of this Agreement, SBCFPD leases the following items of real and personal property to the City of Yucaipa, California:

Real Property
SBCFPD - Owned Real Property located at
11877 Oak Glen Road
Yucaipa, California
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Exhibit D
Vehicular Property
Amount
Item Description
County ID
Radio Number
One 1
Water Tender— 2000 KME
19329
WT555
One 1)
Brush Patrol— 2006 Central States Ford F- 550
8316
BP555

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Exhibit E
YUCAIPA - CAL FIRE contract for fire protection and ALS/Paramedic Services Pages 14 - 38

COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER 3CA04821

FIRE PROTECTION REIMBURSEMENT AGREEMENT
f G- 1 FEV- 0112017 REGISTRATION NUMBER.

I

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

STA-E AGENCY'S NAME
California Department of Forestry and Fire Protection — (CAL FIRE) :OCA: AGE!tC`"S NAME
City of Yucaipa

2. The term of this Agreement is: July 1, 2020 through June 30. 2025

3. The maximum amount of this S 32,825,686.00
Agreement is: Thirty two million_ Eight Hundred Twenty Five Thousand, Six Hundred Eighty Six Dollars, and Zero Cents

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

Exhibit A — Scope of Work — Includes page 2 (cortact page) in count for Exhibit A 4 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C — General Terms and Conditions 7 pages
Exhibit D — Additional Provisions 10 pages
Exhibit E — (Description of Other Services pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY
.00.AL AGENCY'S NAME_
City of Yucaipa
BY (A0,orfze-4 Signature) DATE SIGNED(De not
PRINTED NAME AND LE OF PeRSM SIGNING.

Ray Casey- Ci ` Manager

ADDRESS
34272 Yucaipa Blvd. Yucaipa, CA

STATE OF CALIFORNIA
AGEUCv NAMs '
California Department of Forestry and Fire Protection
By (Authorized Signarwei DA-E SIGNED(Do no! type)
01- 7/8/2020
FR14 tD NAME AND 7!TLE CF PERSON SIGNING 0G T% I�r��' o;ruf a fj aa: sx. 1 Fire pr4ec4ion
ADDRESS = G Box 944246. Sacramento, CA 94244.24&D
California Department of General
Services Use Only

APPR - VED
AUG 26 2020
BK:skb

OFFICE OF LEGAL SERVICE
DEPT. OF GENERAL SERVICE
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UUw0RUII,Cf1VV1U}=IIJ.JIClUOIilr IJCV%If C-OYI ID I" ,334U-15UAU4t5Z-1 Contractor Name: City of Yucaipa
Contract No.: 3CAM21
Page No.: 2

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

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

CAL FIRE Unit Chief.

Shane Littlefield
Name:

San Bernardino
Phone:
(909) 881-6900
Fax
(909) 881-6969
Local Agency: City of Yucaipa
Name: Ray Casey
Phone: (909) 797-2489
Fax (909) 790-9203
All required correspondence shall be sent through U.S. Postal Service by cerffied mail and directed to:

CAL FIRE Unit Chief.

Shane Littlefield
Local Agency:

City of Yucaipa
Section/Unit
San Bernardino
Section/Unit:

City Manager
Attention:

Patrick Aguada
Attention:

Ray Casey
Address:
3800 N. Sierra Way
Address:
34272 Yucaipa Blvd,
San Bernardino, CA
Yucaipa, CA 92399
92405
Phone:
(909) 881-6900
Phone:
(909) 797-2489
Fax:
(909) 881-6969
Fax:
(909) 790-9203
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O, Box 944248
Sacramento, CA $4244-2460

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

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EXHIBIT A

SCOPE OF WORK
Contractor Name: City of Yucaipa
Contract No.: 3CA04821
Page No.: 3
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

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

To comply with the STATE's mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs. 1 FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE
STATE provides a modem, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.

Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
® 1) Emergency Fire Prot ion Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
® 2) Basic Life Supggd Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
® 3) Advanced Life Sumyrt Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. ® 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency

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Contract No.: 3CA04821
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dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24R year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
❑ 5) Fire Code Inseection. Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.

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

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

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

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

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

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

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Contractor Name: City of Yucaipa
Contract No.: 3CA04821
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E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.

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

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

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

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

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

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

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

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

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

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

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

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

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

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

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Contract No.: 3CA04821
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E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non -post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

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

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

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

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

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

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

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

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Contractor Name: City of Yucaipa
Contract No.: 3CA04821
Page No.. 8

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

4. EXTENSION OF AGREEMENT:

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

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

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

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Contract No.: 3CA04821
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C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

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

7. DISPUTE : LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE's Region Chief when, upon determination by the designated STATE representative, the Unit Chief aging as LOCAL AGENCY's Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute conceming a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normalty responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a "reasonable period of time' shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

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

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

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

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

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

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

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

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

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

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to chili and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, W the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."

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15. UNENFQRCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

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

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

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

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

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

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

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

18. W0R14FRS COMPENSATION: (only applies where local government employees/volunteem are supervised by CAL FIRE, as fisted in Exhibit D Schedule C. STATE contract employees' workers compensation Is included as part of the contract personnel benefit rate).

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

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

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

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

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

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

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

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

21. AMERICANS V T I DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis

-192-

W-1411 L.11—Vc IV. J/ Lfuu{.,%A- I JL.V' l rL:-C"f M-r%IJ'NWV IofY Contactor Name: City of Yucaipa
Contact No.: 3CA04821
Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

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

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

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

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

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

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

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

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

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

Any exchange of Confidential Information between parties shall not constittute a'waiver" of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL

-193-

V Vw V �b� I'LI IeGIVF/G IV. J I L! V V V V' IJLI!"f I I L'{Y11 /'lY{ I' 4Ou' ' 1 V! Y Contractor Name: City of Yucaipa
Contract No.: 3CA04821
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security broach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach

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

-194-

-v....v�.�..,ru•v.v„v .v. v•r. WVV �vLV'Tf1 LZrI1ATIv'rv✓W1✓rT Contractor Name: City of Yucaipa
Contract No.: 3CADMI
Page No.: 15

EXHIBIT D

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

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):
® A. Fiscal Display, PRC 4142 ANDIOR PRC 41" - STATE provided LOCAL AGENCY funded fire protection services. STATE -owned vehicles shall be operated and maintained in accordance with policies of STATE at rates fisted in Exhibit D, Schedule A.
® B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement
® C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.
❑ D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency -owned vehicles that may be a part of the agreement.

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

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

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

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Cade Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY -owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY -owned vehicles operated or used by employees of STATE under this agreement. -195- Page 28 of 39

vV%.!IJtdlt LIIYvvvv 1V. J/L/ uulJV- I JL-"l 1"� I AT JMJI./JV I W I/ Contractor Name: City of Yucaipa.

Contract No.: 3CA04821
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE -owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for ads or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of self- insurance.

-196-

Fiacal Yest:

Index
PCA
2020
3600
37270
Unit:
iTot4i
Sub Total
M"— n _-__
i 024
_�179678
31,7T0,7t14
Contact Hama:

Contract No.:
1( A04821
(•n, rat Yrk.nv..

PRC:

Comnwrts
1 Y20-21
tywtnne Total.

Pape No.,
Thrs is a Sthedula A • 4142 of the Cooperative Agreement, dated July 1. 2020 between _Cc4_Y or yyra(pT_ end The CaLfonxa Depanmerx of Forestry and Fire Protection (CAL FIRE)

CA FIRE UM CNN
( cnn Ha Ict
C.14 _ 6—WI, .Ivef
I ):m Inhnum
Number of
Posit,Numb*
its
ClasslRcalfonlad ons rxa tmm u.1
I )
RET.

Period
Salary
Months
Mary
Rate
Total Salary
EDWC Rate
EDWC Periods
Total EDWC
Salary
Benefits
FFI UI
EDWC
Benefits
Total Salary tl
EDWC
Total Position
Cost
7 Fire Fighter It(Paamedrel POF
12 S4,917
S413,028
$2.973
12 $249,732
$385,355
$0
$137.452
51,185,568
$1,537,026
7 Longevity Pay Differential • 7: POF
12 so
523.912
So
526,975
50 $55.887
1 Education Incentive Pty Ddferentul POP
12 575
56,300
$0
55,37E
$0
S 12 178
1 Paramedic Recruitment and Retention - 5(/0 POF
12 $500
542.000
$0
520,509
so
$62.509
$o
So
So
so
so
s0
Overtime POF
$217.728
$0
$3,157
SO
$220,885
So
50 50
0 so
so
so
So
so
$0
50 $o
$d
So
SD
so
$o
So
So
$o
$o
so
$0
So
$o
so
5o
so
$0
$0
s0
5o
$0
so
Overtinw
$0
$0
$0
SO
so
$o
So
o
so
50 So
$o
so
$0
$0
so.

So
So
So
so
So
$o
$o
So
So
$0
$0
So
So
So
So
so
$0
5o
so
$0
So
so
Overtime
$0
$0
$0
so
SO
so
so
0 $0
$o
$0
50 so
$o
50 $0
So
So
SO
s0
So
$o
$0 So
So
so
50 So
So
$o
- So
so
$0
So
$o $o
So
so
0—time
SO so
SO so
so
50 so 0
SO SO $0
$0 s0
so
So
$D SD
so so
So
so
so So
So so
$0
50 so So
50 s0
ISO
s0
$0
50 $0
$0 so
Overtime
$o 50
so so
50 $a SD 0
So $0 SO 50 s0
so
$o
So so
so s0
$0
$0
So 5o
50 so
$0
so
$0 so_
so so
$0
So
$0 so
so co
Overtime
SD So
$0 $0
$o
$0 so o
So so 5o So so
$o
$o
So
So So
$o so
So
So
So 5D
$o so
So
So
So $o
$o so
$o
5o
So So
50 So
Overtime
$0 50
j0 SO

-197-

Fiscal Year: 2020 Uniform Benefits $216 Contract Name: (it of Yucaipa Index: 3500 Sub Total Si16,1�1 y pa
PCA: 37270 Admin --� i1,88� Contract No.. ICA04821
PRC: Total i1d,028 Page No.. 18
a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2020 between iia Department of Forestry and Fife Protection (CAL FIRE) Category (Pick from List)
Details
Number 1
Months
Rate
Sub -Total

1.45%
Uniform Benefits Total

UNIFORM ALLOWANCE FOR BUS

7.00 12.00
$178 $
14,910 $ 216 $ 15,126

UNIFORM ALLOWANCE FOR COMM OP

0.00 12.00
$104

OTHER ITEMS OF EXPENSE
InTmhe

7.00 1.00
$70 $
490 y 490

TRAINING
Target Solutions

7.00 100
$75 $
525 $ 525

COMMUNICATIONS
Radio Maint

0.00 12.00
$257

COMMUNICATIONS
Radio Tech

0.00 12.00
5122

-198-

Flacat Yaar. 1020
Inca 3600
To
Contract Name:

Unit:

AfER1in
M31 /0
=
ctn nl Y capa
fK:A
PRC:
37t11
Tttlal --
---"y/,07a,631
"$"yy -i ce _z� A.-
ContractNo.-
�1 A04A'1
cestettettta
FY2O-21
owrhrne Total:
$499,110
Pape No,.
19 Th's,s a SchMule
A - d l42 of IhP Cooperative Aoreemcnl, dal.d.luly 1, 2020 between 'Gty ill YuczyF, antl CAL FIRF. IAtA CTtrl
Cilenn Batlu�
The CnidcrtvI
Oeparlmenl cr Fareslry end fie Protection (CAL FIRE)
r-AL FIRF, RpioP. Chret
Dan lohn<on
Number of
Positions
Classltiaallonlad-ons (Pies From usR
RET.

Period
Salary
Salary
Total Salary
EDWC Rale
EOWC Poriods
Total EDWC
Salary
FFI UI
EDWC
Total Salary 8
Total Position
Mont
Rats
BoneRls
Benoflls
EDWC
Cost
1 fve Captain (Paramedic)
For
12 $6.122
573.46.1
53,629
12 543,548
$68.542
50 523.969
5209.523
$268,700
1 Longevity Pay Dilferenlwi - 7;6
POF
12 SO
$5,142
So
54,798
$0
$9 NO
I
Education Intent". Pay Ddfesential
Par
12 575
$900
SO
$840
SO

51.740
1 Paramedic Recruitment and Retention 500
POF
12 $500
WOW
$o
$2,930
SO

58.930
SO
so
50 50
$o
SO
Overtime
POF
;er.e,
S38,016
s0
$551
50 $28.567
6 file Captain. Range A
POF
12 $5.120
$411,840
53,Mi
12 5227,160
$394,247
SO
$123,029
Sl 148,276
$1,414,288
6 Longevity Pay DdterentLil - 7%
POF
12 $0
$29,829
SO
526,897
SO
$55,72fi
6 fducaton lnc.nty. Pay Ddt.remual
Par
12 $15
55,40)
$0
55,038
SO
510.430
$o
$0
$0
50 50
SO
So
$o
so
So
50 so
Overtime
For
5196,99I
So
$2,856
SO
5199.848
2 Communications Operator, Range 8
SAf
12 56,081
$145,944
$0
O
$0
$97,826
SO
50 5243.770
$I68,614
2 Night -Shot Pay Differential
SAf
12 SL73
54,160
SO
52,788
50 $6,448
So
$0
So
$o
So
$0
so
So
$0
50 $0
Sa
So
So
So
$0
$0
SO
Overtmsr-
SAF
$17.640
50 $256
SO
517,896

0.5 Battalion Chief (Nonsupervisory)
Par
I'_
$6.639
$39,634
$3,656
12 521,936
537.165
50 512,074
5111.009
5146,194
Os
Longevity Pay Drlferenlml - 7%
Pat
12 SO
$2.788
$o
$2.602
$0

55.390
Os
Educat- in-l- Pay n.fferemul
Par
12 575
$450
50 $420
50 5870
5o
So
So
So
So
so
So
50 So
So
So
so
.Overtime
POF
+� Sr its
$28,512
$0
$413
50 $28.925
6 Fire Apparatus Engineer
POF
12 55096
$367,056
$2,817
12 5202,824
$142.463
$0
5111,634
51023978
51,262,594
6 Longevity Pay 0.1fevential - 77,
POF
12 50
$25,694
SO
523,972
$0
549.666
6 Fducabon Incemnie Pay Differential
POF
12 $75
$5,400
SO
55,038
$0
510.430
50 $o
$0
SO
$o
SO
.
$0
$0
$0
50 $0
$0
Overtime
Par
12 5n 1s , e
$176,256
$0
52,556
$0
5178.812
1 Fire Apparatus Engineer (Paramedic.)
POF
12 $5,458
565,49e
$3,267
17 $39,204
$61.108
$0
522,578
5187.388
$241,974
1 Longevity Pay Differential - 7t:

POF
12 $0
$4,585
50 54,218
SO

58.862
I
Education Intent". Pay Drfler.ntal
POF
12 $75
$900
$0
$840
$0
51,740
1 •Paramedic Recruitment and Retention - 500
POF
12 5500
$6,0CA
SO
$2,930
SO
$8,930
_
$0
So
50 So
$o
So
Overtime
FOG
$34.560
$o
5501
$o
535,061
Sit
So
So
u
So
SO
So
So
So
$o
so
5a
So
$0
So So
$o
So
$0 So
$o So
so
$o
$0
So
50 50
So
50 $0
50 50 so
oventrne
So
SO
$0 50

-199-

Fiscal Year: 2020 Uniform Benefit _1448 Contract Name- I IN ul Ya.aipu Index: 3500 Su_b Total _ S44,773
PCA: 37271 Admin $8,234 Contract No.: 3CA04821
PRC: Total $60,007 Pepe No.: 20
Comments
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2020 between "City of Yucaipa" and The California Department of Forestry and Fire Protection (CAL FIRE) Category (Pick from List)

UNIFORM ALLOWANCE FOR BUB

UNIFORM ALLOWANCE FOR COMM OP

OTHER ITEMS OF EXPENSE

TRAINING

COMMUNICATIONS

COMMUNICATIONS

COMMUNICATIONS

VEHICLE OPERATIONS
Details
Number
( Months

14.50 t2.00

2.00 12.00
InTmie

16.50 1.00
Tagrt Solutions

16.50 1.00
Radio Maint
1,00

12.00 Radio Tech
UA]

12.00 Tablet Command

4.00 100
Maintence
1 00
1 00
Rate
Sub -Total LU
$178
$
30,885 S
$104
$
2,500
S70
5 1,155
$75
$
1,238
$257
S
3,084
5122
$
1,464
$SOU
S
2,000
$2000
S
2,000

1.45% 1
rm Benefits I Total
448 5 31,333
5 2,500
$ 1,155
S 1,238
S 3,084
$ 1,464
5 2,01x1

C
-200-

uocG6lgn Envelope IU: b(E/88UC-13tU-4/FE-84(A-A1b4:iU3U1t t4 EXHIBIT D, SCHEDULE A Contractor Name: City of Yucaipa
Agreement No: 3CA04821
Page No: 21
Yucaipa 2020-2025 LG-1 Contract
20/21
21/22
JP2
2/23
23/24
24/25
Fire PS
$ 4,023,821
$ 4,225,012
4,607,711
$ 4,838,097
$ 5,251,450
Fire OE
$ 50,007
$ 52,507
$ 59,416
$ 62,387
$ 69,790
Medic PS
$ 1,716,704
$ 1,802,539
$ 1,892,666
$ 1,987,300
$ 2,086,665
Medic OE
$ 18,028
$ 18,929
S 19,875
$ 20,869
$ 21,912
Total
$ 5,808.560
$ 6,098,988
$ 6,579,668
S 6,908.652
$ 7,429,A18
Plus 1/2 BC Plus 1/2 BC Plus 1/_ BC
Agreement Total $ 32,825,686

-201-

vVt:uJHgll mavulupt: lu. Ol Clool.l.-IJGVj1/rC-o41 Fi-H I04Ju3l. I m I,+ EXHIBIT D, SCHEDULE B Contractor: City of Yucaipa
Contract No: 3CA04821
Page No:22
HEADQUARTERS 3800 N. SIERRA WAY 909-881-6900 909-881-6969 SAN BERNARDINO. CA 92405
BDU ECC' 909-881-6916 881-6970
BATTALION 2

PHEL,AN
9600 CENTOLA RD
760-868-3555
760-868-2431
PHELAN. CA 92371
LUCERNE: VALLEY
33271 OLD WOMAN SPRINGS RD
760-248-7525
760-248-9243
LUCERNE VALLEY, CA 92356

APPLE VALLEY
21860 TUSSING RANCH RD.
760-247-3039
APPLE VALLEY. CA 92308

YUCCA VALLEY
7105 AIRWAY AVE.
760-365-441 1
760-365-441 1
YUCCA VALLEY, CA 92284
BATTALION 3

YUCAIPA
11416 BRYANT ST
909-797-1000 or
1797-22-24
909-797-1764
IYUCAIPA.CA 92399
BATTALION 4
BISHOP
12784 S. ROUND VALLEY RD.
760-387-2179
760-387-2031
BISHOP, CA 93514

INDEPENDENCE
P.O. BOX 369 250 E. PARK ST
760-878-2258
760-878-2109
INDEPENDENCE, CA 93526
BATTALION 5

CHINO HILLS
14467 CENTRAL. AVE
909-597-6665
909-597-8831
CHINO. CA 91710
DEVORE
18365 CAJON CT.
909-887-3630
909-887-3630
SAN BERNARDINO. CA 92407

PRADO HELITACK
14467 CENTRAL AVE
909-606-1902
ICE] [NO. CA 91710
BATTALION 6

RUNNING SPRINGS
31250 HILLTOP BLVD.
909-867-2680
NO-NIA11,
RUNNING SPRINGS. CA 92382

BIG BEAR VALLEY
45360 LUCKY BALDWIN RANCH RD.
909-361-0078 Station
BALDWIN LAKE. CA 92314
Cell
V\11 :P.O.f3o,' 1';
909-547-0160

SKY FOREST
2810411WY 18 (BLDG110Ci1485).
909-337-8194
',0-N1 k11.

SKY FOREST, CA 92385

CRESTLINE
22311 WATERS DR.
909-338-6188
NO-NI1ii.

CRESTLINE. CA 92325
CAMPS
PRADO
14467 CENTRAL AVE
909-597-291 1
909-597-8831
CHINO. CA 91710
CIW
P.O. BOX 2018
909-597-1771 x7444
909-606-4946
CHINO. CA 91708

PILOT ROCK
P.O. BOX 3670
909-338-2812
909-338-4603
CRESTLINE. CA 92325
FENNER
P.O. BOX 7
661-944-5086
661-944-6371
VALYERMO. CA 93563
OWENS VALLEY 2781
S. ROUND VALLEY RD. (760)
387-2565 (760)
387 229_5
BISHOP. CA 93514

Updated:8/15/2019
-202-

W1A1.711j11 Cl l+'l mpe mi. Ol CI OOIA.- I JCV-'i/ rC-O41 AY11AVJUJV I DI V Contractor: City of Yucaipa
Contract No: 3CA04821
Page No: 23

EXHIBIT D, SCHEDULE C

CITY OF YUCAIPA LOCAL AGENCY PROVIDED LOCAL AGENCY RESOURCES

YEAR/TYPE

LICENSE
VIN

MAKE/MODEL
NUMBER
TYPE
NUMBER
2016/Fire
1495578
iK9AF4589HN058448

KME/KOVATCH
ME-551
1 Engine
2013/Fire
1381420
1K9AF4289DNO58475

KME/KOVATCH
ME-552
1 Engine
2019/Fire
1450163
3HAWETAR9KL384596

KME/KOVATCH
BE-552
3 Engine
2002/Fire
1027001
4P1CT02M52A002173

PIERCE/SABER
E-552A
1 Engine
2007/Fire
1245408
4PICOITSTA007313

PIERCE/SABER
ME-553
1 Engine
2003/Fire
1027149
4P1CT02M63A003530

PIERCE/SABER
E-553A
1 Engine
2006/Pickup
1245191
1FTYR14UX7PA17269

FORD/RANGER
U-553
P/U

CITY OF HIGHLAND LOCAL AGENCY PROVIDED LOCAL AGENCY RESOURCES

YEAR/TYPE
LICENSE #
VIN

MAKE/MODEL
NUMBER
TYPE
2011 Fire Engine
1234375
IK9AF428858N058129
KME Kovatch
ME-541
Type 1
2000 Fire Engine
1054573
4P1CrD2M3YA000088
Pierce Enforcer
E-541A
Type 1
2017 Fire Engine
1445296
1K9AF4S83HN058459
KME
ME-542
Type I
2005 Fire Engine
1216379
4P10E01T85A005253
Pierce Enforcer
E-542A
Type I
2014 Fire Engine
1505091
iK9AF4281FN058862
KME
ME-543
Type 1
2005 Fire Engine
1216380
4P1CS01A75A004974
Pierce Saber
E-543A
Type i
2004 Heavy Rescue
1185200
44KFT42874WZ20376
HME
IS-543
Incident Support
2007 Pickup Truck
1256831
1F MF12247KB11059
F-150
U-541
Utility Vehicle

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Contractor: City of Yucaipa
Contract No: 3CA04821
Page No: 24

EXHIBIT D, SCHEDULE C

LOCAL AGENCY PROVIDED LOCAL FUNDED FACILITIES
CRAFfON HILLS #552 32664 YUCAIPA BL. 909-797-2313 909-790-1896 MF552(909) 580-Ml YUCAIPA. CA 92399
5th STREET 4553 34259 WILDWOOD CANYON RD 909-795-3048 909-795 3259 %55 ^, (909) 5&3080 YUCAIPA. CA 92399

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I.JUWUII,II—!.YCIVF/CI✓.J/LI Wlilr IJLV'Y/I L-VM/rYr11 V-fou' 4IUI" Contractor Name: City of Yucaipa
Contract No: 3CA0MI
Page No.: 25

EXHIBIT E

DESCRIPTION OF OTHER SERVICES
CAL FIRE prevention and investigation services will be provided to the City of Highland by CAL FIRE law enforcement contigent on their availability.

CAL FIRE fleet services will be provided to the City of Highland by CAL FIRE fleet managers and mechanics contigent on their availability.

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Exhibit F
First Alarm Response Levels
Call Type
First Alarm Response
Residential Structure Fire
1 Battalion Chief, 4 Fire Engines, 1 Breathing Support
Commercial Structure Fire
1 Battalion Chief, 5 Fire Engines, 1 Ladder Truck, 1 Breathing Support Vegetation Fire
1 Battalion Chief, 4 Fire Engines, (BP-555 and/or WT-555 if available) Hazardous Materials
1 Battalion Chief, 3 Fire Engines
Natural Disaster
1 Battalion Chief, 4 Fire Engines
All Other Call Types Not Listed
1 Battalion Chief, 3 Fire Engines

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