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Home My WebLink AboutCity of Fountain Valley - 2015-11-02Dept ID FD15 009 Page 1 of 2 Meeting Date 11/2/2015 IM41011 ab 1-0 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Patrick McIntosh, Fire Chief SUBJECT: Approve and authorize execution of an Agreement with the City of Fountain Valley for Fire Investigator services with the cost of these services being reimbursed to the City of Huntington Beach Statement of Issue The City Council is requested to approve the attached agreement with the City of Fountain Valley for Fire Investigator services Financial Impact This is cost neutral The City of Fountain Valley will reimburse the Arson Investigators pay up to $15,000 per fiscal year The hourly rate being charged to Fountain Valley encompasses Investigators base pay, special pays and other associated costs Increases to these rates from future HBFA Memorandum of Understanding is addressed in the contract and Fountain Valley's rate will be increased accordingly Recommended Action Approve and authorize the Mayor and City Clerk to execute "Agreement Between the City of Huntington Beach and the City of Fountain Valley for Fire Investigator Services " Alternative Action(s) Do not approve the agreement and direct staff accordingly Analysis The City of Huntington Beach maintains a close working relationship with the City of Fountain Valley for fire and emergency medical service emergency responses Both cities also participate as members of the Central Net Operations Joint Powers Authority for training in these and other related areas This cooperative relationship has resulted in many benefits for both agencies, including more effective emergency responses, sharing of resources, cost savings, and a familiarization with the emergency response needs of both communities The City of Huntington Beach employs Fire Investigators with full peace officer training and status and these Investigators have developed a high level of expertise in this area The Fire Chief has determined that the Investigators have the capacity to provide contract fire investigation services to other jurisdictions and it is in the City's interest to do this At this time, the City of Fountain Valley has requested to enter into an agreement with the City of Huntington Beach for Fire Investigator services The attached agreement would allow the City's Fire Investigators to provide these services to the City of Fountain Valley when needed Item 6. - 1 HB -108- Dept ID FD15 009 Page 2 of 2 Meeting Date 11/2/2015 For these services, the City of Huntington Beach will be reimbursed by the City of Fountain Valley at Huntington Beach's established rate for Fire Investigator(s), plus an 18% administrative fee to cover additional associated costs The maximum billable amount under this agreement is $15,000 per fiscal year The attached agreement would continue until terminated by either party Its approval will provide a mutual benefit to both agencies Environmental Status None Strategic Plan Goal Enhance and maintain public safety Attachment(s) #1 "Agreement Between the City of Huntington Beach and the City of Fountain Valley for Fire Investigator Services" xB -109- Item 6. - 2 I CONTRACT NO. 15-70 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR FIRE INVESTIGATOR SERVICES THIS AGREEMENT, made and entered into this z"day of ®yo ►�'�--- 2015, is by and between the City of Huntington Beach and the City of Fountain Valley RECITALS WHEREAS, the City of Huntington Beach employs fire investigators with full peace officer training and status, and The Fire Chief for the City of Huntington Beach has determined that Huntington Beach fire investigators have the capacity to provide fire investigation services to other jurisdictions, and Fountain Valley desires to use the services of the Huntington Beach Fire Departments fire investigators on an as needed basis, and further agrees to compensate Huntington Beach for these services when rendered, and Huntington Beach has determined that it is in its interest to provide fire investigator services to the Fountain Valley Fire Department in exchange for the reimbursement of costs, and California Government Code section 54981 provides that the city council of a city may contract with another local agency for the performance of municipal services, NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS Huntington Beach agrees to provide fire investigators to Fountain Valley, when such services are requested by Fountain Valley, subject to the following conditions a. A Huntington Beach fire investigator is available to respond. b Fire investigation needs in Huntington Beach take precedence over requests for fire investigation services in Fountain Valley If the Huntington Beach investigator is not immediately available to respond to Fountain Valley, he/she will respond as soon as practicable. 15-4880/124998 d Requests for the response of the Huntington Beach fire investigator(s) shall be made through Metro Net Fire Dispatch Center by a Chief Officer of the Fountain Valley Fire Department e Fire investigator services may be utilized for cause and origin investigations, arson investigations and prosecution, 911 abuse investigations or fraud related to fire protection services 2 When requested to respond to the scene of an emergency incident in Fountain Valley, the Huntington Beach fire investigator(s) will report to the incident commander upon arrival and coordinate the investigation procedures through the incident commander Other investigations conducted by the Huntington Beach fire investigator(s) in Fountain Valley shall be coordinated through the Fountain Valley fire chief or the chief s designated representative 4 From time to time, subject to availability, the Huntington Beach fire investigator(s) may be requested to provide training to Fountain Valley Fire Department personnel on cause and origin fire investigation techniques, in order to facilitate initial cause and origin investigations in Fountain Valley As a normal practice, the Huntington Beach fire investigator(s) will work in coordination with the Fountain Valley Police Department on criminal investigations The Fountain Valley Police Department will be notified by the incident commander, fire cluef or the Huntington Beach fire investigator(s) of the Huntington Beach fire investigator's involvement and status under this agreement 6 The Huntington Beach fire investigator(s) will provide a written report to the Fountain Valley fire chief or the chief s designated representative, for each investigation completed Additionally, the Huntington Beach fire investigator(s) shall be responsible to submit all necessary reports or other documentation to the District Attorney for prosecution of cases that are deemed prosecutable The Huntington Beach fire investigator(s) shall also be available for follow-up meetings with the Fountain Valley Police Department investigators, insurance investigators and District Attorney personnel The Huntington Beach investigator(s) shall be made available to testify in court, as required Fire Investigator Services Agreement Between the City of Huntington Beach and the City of Fountain Valley 15-4880/124998 2 7 In consideration of services provided under this agreement, the City of Fountain Valley agrees to reimburse the City of Huntington Beach at their established Arson Investigator Level 2 rate as set forth in the existing Memorandum of Understanding with the Huntington Beach Firefighter's Association, plus an 18% administrative fee per hour City of Fountain Valley agrees to provide this reimbursement within 30 calendar days of receipt of an invoice from the City of Huntington Beach a City of Fountain Valley will be notified 30 days prior to an increase of any base or special pay related to the Arson Investigator Level 2 rate with each subsequent Memorandum of Understanding with the Huntington Beach Firefighter's Association 8 The maximum annual billable amount under this agreement is $15,000 per fiscal year If the dollar amount is reached, and no agreement has been completed, the Huntington Beach fire investigator will cease his services to the City of Fountain Valley until such an agreement can be made. 9 Huntington Beach shall maintain worker's compensation insurance covering its fire investigator 10 Each party hereto shall defend, indemnify, and hold harmless the other party and its respective council members, officers, employees, and agents, from and against any and all liabilities, claims, demands, debts, suits, actions, and causes, arising out of any negligent or willful act or omission of such indemnifying party or its officers, employees or agents, done or performed pursuant to the terms and conditions of this agreement. 11 This agreement shall be effective as of the day and year hereinabove written and continue until terminated by either party by giving thirty (30) days written notice Written notice shall be delivered or mailed to To Huntington Beach Attn Fire Chief Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 To Fountain Valley Attn Fire Chief Fountain Valley Fire Department 10200 Slater Avenue Fountain Valley, CA 92708 Fire Investigator Services Agreement Between the City of Huntington Beach and the City of Fountain Valley 15-4880/124998 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated- )-- Df REVIE D AND APPROVED A1101 — it-/ Manager Dated 1113,11f The Foregoing Instrument is a full, true and correct copy of the orlainai on file in thWoffice . City Valley CITY OF HUNTINGTON BEACHBy \ Vr N �11 City lerk #E f APPR VED AS r FORM: i qr 6tS Attorney I3Y.-.-3 qW9kk6- INITIATED AND APPROVED: tAqw4l'd'- Fire Chief • TA VALLET APPROVED AS TO FORM: Attorney for the City of Fountain Valley Fire Investigator Services Agreement Between the City of Huntington Beach and the City of Fountain Valley 15-4880/124998 4 CITY OF FOUNTAIN VALLEY www fountainvalley org 10200 SLATER AVENUE • FOUNTAIN VALLEY, CA 92708-4736 • (714) 593-4400, FAX (714) 593-4498 December 1, 2015 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn Joan L Flynn, City Clerk SUBJECT Agreement for Fire Investigator Services Contract 15-70 — City of Fountain Valley Dear Joan Enclosed is fully executed copy for your files of the above referenced agreement Should you have any questions regarding same, please contact the City Clerk's office at 714-593-4445 Sincerely, /Or 4AtLi-, Winnie Bell Customer Service Representative City Clerk's office 714-593-4410 winnie bell(a-)-fountainvalley org Enclosure c Julieann Parente, Fire Department City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov ®mice of the City Clerk Joan L. Flynn, City Clerk November 4, 2015 City of Fountain Valley Attn Fire Chief 10200 Slater Avenue Fountain Valley, CA 92708 To Whom It May Concern Enclosed is the original of the "Agreement Between The City of Huntington Beach and the City of Fountain Valley for Fire Investigator Services " Upon complete execution, please return either the original or a certified copy to us Please mail the document to Joan L Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated Sincerely, Q Joan L Flynn, CMC City Clerk JF pe Enclosure Sister Cities. Anjo, Japan ® Wartakere, New Zealand Esparza, Patty From: Justen, Kevin Sent• Tuesday, November 24, 2015 11 34 AM To Esparza, Patty Cc: Ohl, Dan Subject: Agreement for Fire Investigative Services with City of Fountain Valley Patty In response to your request I spoke with Deputy City Attorney Daniel Ohl about the Fountain Valley City Manager signing the above agreement instead of their Mayor He said that their organization has the authority to determine who is authorized to execute such agreements and if they decided that the City Manager is the approving authority that is okay Accordingly, I will provide you with an original version of the agreement signed by Fountain Valley City Manager Bob Hall Thank you for your help with processing this agreement Kevin X 5235