2018 Riverside Co, Indio,Coachella - Cooperative Agrmt, Amendment 1 - Fire Ladder TruckFIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF
A LADDER TRUCK COMPANY
THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE
COST LADDER TRUCK COMPANY (this "Amendment") is made and entered into
this day of , 2018 (the "Effective Date"), by and between the County
of Riverside, on behalf of the ire Department, a political subdivision of the State of
California, (hereinafter referred to as "COUNTY") and the CITY of Indio, the CITY of La
Quinta, and the CITY of Coachella, each a duly created city (hereinafter each a "CITY
and collectively the "CITIES"). COUNTY and CITIES are hereinafter collectively referred
to as the "Parties".
RECITALS
A. The Parties entered into that certain Cooperative Agreement to Share the
Cost of a Ladder Truck Company effective as of July 1, 2016, (the "Cooperative
Agreement") in order to share funding for a ladder truck between the Parties, as more
particularly described in the Cooperative Agreement, a copy of which is in the possession
of the COUNTY and each CITY.
B. The COUNTY and each CITY desires to amend the Cooperative Agreement
in accordance with and subject to the terms and conditions set forth in this Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, the
COUNTY and CITIES agree as follows:
SECTION I: AMENDMENT. Notwithstanding anything to the contrary contained in the
Cooperative Agreement, the Cooperative Agreement is amended as follows:
(a) Section V is deleted in its entirety and replaced with the following in its
stead: "SECTION V. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent
permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend
and hold harmless CITIES, their agencies, districts, special districts and departments,
their respective directors, officers, elected and appointed officials, employees, agents and
representatives (collectively, "City Indemnitees") for, from and against any and all
liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and
expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature,
kind or description of any person or entity, directly or indirectly arising out of, caused by,
or resulting from (1) the services performed hereunder by COUNTY, or any part thereof,
(2) the Agreement, including any approved amendments or modifications, or (3) any
negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or
representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the
only County Liabilities with respect to which COUNTY's obligation to indemnify, including
the cost to defend, the Indemnitees does not apply is with respect to County Liabilities
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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does not apply is with respect to County Liabilities resulting from the negligence or
willful misconduct of a City Indemnitee, or to the extent such claims do not arise out of,
pertain to or relate to the Scope of Work in the Agreement.
To the fullest extent permitted by applicable law, but subject to the limits in this
paragraph, each CITY shall and does agree to indemnify, protect, defend and hold
harmless COUNTY, its agencies, departments, directors, officers, agents, Board of
Supervisors, elected and appointed officials and representatives (collectively, "County
Indemnitees") for, from and against any and all liabilities, claims, damages, losses,
liens, causes of action, suits, awards, judgments and expenses, attorney and/or
consultant fees and costs, taxable or otherwise, of any nature, kind or description of any
person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the
services performed hereunder by the respective CITY, or any part thereof, (2) the
Agreement, including any approved amendments or modifications, or (3) any negligent
act or omission of the respective CITY, its officers, employees, subcontractors, agents,
or representatives (collectively, "City Liabilities"). No CITY shall be required to
indemnify, protect, defend and hold harmless County Indemnitees for the acts or
omissions of another CITY giving rise to City Liabilities in that other City pursuant to this
Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the
City Liabilities with respect to which each CITY's obligation to indemnify, including the
cost to defend, the County Indemnitees does not apply with respect to City Liabilities
resulting from the negligence or willful misconduct of a County Indemnitee, or to the
extent such claims do not arise out of, pertain to or relate to the Scope of Work in the
Agreement."
(b) Section VIII.A is deleted in its entirety and replaced with the following in its
stead: "A. ALTERATION OF TERMS No addition to, or alteration of, the terms of this
Agreement, whether by written or verbal understanding of the Parties, their officers,
agents, or employees, shall be valid unless made in the form of a written amendment to
this Agreement, which is formally approved and executed by all Parties."
(c) Section VIII.F is deleted in its entirety and replaced with the following in its
stead: "F. ATTORNEYS FEES If any CITY fails to remit payments for services
rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of
fees through litigation against that CITY, in addition to all other remedies available.
In the event of litigation between COUNTY and any CITY or all CITIES to enforce
any of the provisions of this Agreement or any right of either Party hereto, the
unsuccessful Party to such litigation agrees to pay the prevailing Party's costs and
expenses, including reasonable attorneys' fees, all of which shall be included in and as
a part of the judgment rendered in such litigation."
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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SECTION II: MISCELLANEOUS.
(a) Except as specifically modified hereby, the Cooperative Agreement shall
continue in full force and effect and is hereby ratified and confirmed as amended by this
Amendment.
(b) This Amendment shall be construed, interpreted, and enforced under the
laws of the State of California.
(c) All capitalized terms not defined in this Amendment shall have the same
meaning ascribed to those terms in the Cooperative Agreement.
(d) In the event of any conflict between the terms of this Amendment and the
terms of the Cooperative Agreement, the terms of this Amendment shall govern and
control.
(e) This Amendment may be executed in several counterparts, each of which
shall be deemed an original, and all of which together shall constitute one and the same
Amendment.
(f) The Recitals are by this reference incorporated herein and made a part of
this Amendment.
[SIGNATURE PROVISIONS ON NEXT PAGE]
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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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.
ATTEST:
City Clerk
Dated:
ATTEST:
M
(SEAL)
SIGNED IN COUNTERPART
SIGNED IN COUNTERPART
(SEAL)
CITY OF INDIO
By: Aeac J4-0�
City Manager
APPROVED AS TO FORM:
By: JQL
City Attorney
CITY OF LA QUINTA
SIGNED IN COUNTERPART
By:
City Manager
APPROVED AS TO FORM:
0
SIGNED IN COUNTERPART
City Attorney
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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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: - - - ____
ATTEST:
SIGNED IN COUNTERPART
By:.
City Clerk
(SEAL)
Dated:
ATTEST:
1.411
SUSAN MAYSELS, City Cle
.(SEAL)
CITY OF INDIO
SIMM) IN COUNTERPART
By: _
City Manager
APPROVED AS TO FORM.
SIGNED IN COUNTERPART
By:
City Attorney
CITY OF LA QUINTA
FRANK J. SPE K` City Manager
APPROVED S T FORM:
By:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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Dated: ��//
ATTEST:
Dated: JAN 8 0 2018
ATTEST:
KECIA HARPER -THEM
Clerk of the Board
(SEAL)
CITY OF COACHELLA
By: City Manager
APPROVED AS TO FORM:
By:
_H
City Attorne
COUNTY OF RIVERSIDE
APPROVED AS TO FORM:
GREG PRIAMOS,
County Cou el
By:
r
(_,... County: Counsel
FIRST AMENDMENT TO COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK
COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
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SUBMITTAL TO THE BOARD OF SUPERVISORS } : f-,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA �,'��5 ITEM
3.10
(ID # 6190)
MEETING DATE:
Tuesday, January 30, 2018
FROM: FIRE DEPARTMENT:
SUBJECT: FIRE DEPARTMENT: Ratification and Approval of the Cooperative Agreement to
Provide Fire Protection, Rescue and Medical Emergency Services between the
City of Indio, the City of La Quinta, the City of Coachella and the County of
Riverside to share the cost of a Ladder Truck Company for two (2) years. District
4; [$3,326,562] Contract revenue from the Cities of Coachella, Indio and La
Quinta 75%, Structural Fire Taxes 12%, General Fund 13%
RECOMMENDED MOTION: That the Board of Supervisors:
1. Ratify and Approve attached cost share Cooperative Agreement to Provide Fire
Protection, Rescue and Medical Emergency Services between the City of Indio, the City
of La Quinta, the City of Coachella and County of Riverside; and
2. Ratify and Approve the attached First Amendment Cooperative Agreement to Provide
Fire Protection, Rescue and Medical Emergency Services between the City of Indio, the
City of La Quinta, the City of Coachella and County of Riverside; and
3. Authorize the Chairman of the Board to execute this Cooperative Agreement on behalf
of the County; and
4. Authorize the Fire Chief to negotiate and execute any amendments to the Exhibit "A" of
this Agreement.
ACTION:
;r7ohsl MeMartlYRiverside County ~ 10 V2018
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Jeffries, seconded by Supervisor Tavaglione and duly
carried by unanimous vote, IT WAS ORDERED that the above matter is approved as
recommended.
Ayes: Jeffries, Tavaglione, Washington, Perez and Ashley
Nays: None Kecia Harper -Them
Absent: None I r f t d
Date: January 30, 2018
Page 1 of 3 ID# 6190 . ��
SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
FINANCIAL. DATA Currant r4scal Year. Next Pascal Yaar. Total Cast: ❑ngaing Cos!
COST $ 1,544,774 $ 1,621,012 $ 3,165,786 $ N/A
NET COUNTY COST $ 196,958 $ 206,679 $ 791,447 $ N/A
SOURCE OF FUNDS: Contract revenue from the Cities of Budget Adjustment: No
Coachella, Indio and La Quinta subject to annual cost
increase 75%, Structural Fire Taxes 12%, General Fund 13%
For Fiscal Year: 16/17 & 17/18
C.E.O. RECOMMENDATION:
BACKGROUND:
Summary
The City of Indio, the City of La Quinta and the City of Coachella desires to continue the ladder
truck company cost share agreement for Fire Protection, Rescue and Medical Emergency
Services with the Riverside County Fire Department. The City of Coachella, the City of Indio
and the City of La Quinta requested a change in the current service level to the Ladder Truck
(Truck 86) from three (3) Firefighters II to three (3) Firefighter Paramedics since the previous
signed Agreement in FY 09/10. This change in staffing converted the ladder truck to an
Advanced Life Support (ALS) responder.
The term of this agreement is July 1, 2016 through June 30, 2018. The total estimated contract
revenue will be received annually to cover seventy-five percent (75%) of the contract costs. The
County portion of the contract is $385,735 for FY 16/17 and $405,800 for FY 17/18; with the
total cost for FY 16/17 estimated at $1,544,774 and FY 17/18 $1,621,012. Subject to increase
and/or decrease based on fiscal year end reconciliation of support services with actual costs to
be adjusted on the 4th Quarter Invoice sent out in August following the fiscal year close.
The City of La Quinta requested the First Amendment to the Cost Share Cooperative
Agreement to provide language clarification addressing individual city indemnity obligation and
to remove references to the three cities as one agency.
The City of Indio approved the agreement on May 25, 2016. The City of La Quinta approved
the agreement on December 12, 2017. The City of Coachella approved the agreement on
August 10, 2016.
The agreement has been reviewed and approved as to form by County Counsel.
Impact on Residents and Businesses
The changes to the staffing level in the Agreement allow for the ladder truck to provide ALS
services to the businesses or citizens of the City of Indio, the City of La Quinta, the City of
Coachella and the unincorporated area of the desert. However, the language in the Agreement
Page 2 of 3 ID#6190 3.10
SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
does state that the Cities may request an increase or decrease of employees or services
assigned to the Cities with one hundred twenty (120) day written notice to the County. All
requests for changes will be evaluated by the designated Chief Officer and/or County Fire Chief
to ensure that the levels of service provided to the Community are at or above the minimum
standard requirements. Any concerns will be discussed with the City Representative.
Additional Fiscal Information
Fire estimates receiving $1,158,580 for FY 16/17 and $1,215,212 for FY 17/18 in revenue.
The County portion of $385,735 for FY 16/17 and $405,800 for FY 17/18 is funded with
structural fire taxes of 12% and general fund of 13%.
Contract History and Price Reasonableness
The City of Indio has been contracting for Riverside County Fire Service since 1997. The City
of La Quinta has been contracting for Riverside County Fire Services since 1985. The City —of
Coachella has been contracting for Riverside County Fire Services since 1990. The ladder cost
share agreement began in January 18, 2006 and was last approved by the Board of
Supervisors on March 16, 2010 Item #3.40. The estimated contract increase from the previous
Exhibit A amendment is 5.20%. This increase is due to the change in staffing and various rate
increases from the State Cooperative Agreement and the County cost increases. The City of
Indio requested a change in the current service level to the Ladder Truck (Truck 86) from three
(3) Firefighters II to three (3) Firefighter Paramedics since the previous signed Agreement in FY
13/14.
e G air, Deputy Dir r-7 ire Adrnin 111812018 G . Pr as, Dire for County Counsel 1/1112418
Page 3 of 3 ID#6190 3.10