2018-21 Riverside Co, Indio, Coachella - Cooperative Agrmt - Fire Ladder Truckta Qa I �(&
--•— Gli,',1 DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Martha MendwoPD
DATE: 6/6/2018
RE: Fire Truck Agreement
Attached for your signature are three copies of the Cooperative Agreement between the cities
of Indio, Coachella and County of Riverside to share the cost of a ladder truck agreement.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Reauestina department shall check and attach the items below as Woranriate:
_X_ Contract payments will be charged to account number: 101-2002-60140
_X_ Amount of Agreement, Amendment, Change Order, etc.: $240,000.00
_N/A_ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or _ reportable interests
X_ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this aareement is based upon:
_X_ Approved by the City Council on June 5.2018
City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by (Council, Director, etc]
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the aareement:
N/A_ Insurance certificates as required by the agreement (approved by Risk Manager on date)
N/A_ Performance bonds as required by the agreement (originals)
N/A _ City of La Quinta Business License number
N/A_ A requisition for a Purchase Order has been prepared (amounts over $5,000)
_X_ A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
A COOPERATIVE AGREEMENT 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
THIS AGREEMENT, was made and entered into this day of
lk%A-�- , 2018, by and between the County of Riverside, on behalf of the Fire
Department, a political subdivision of the State of California, (hereinafter referred to as
"COUNTY") and the City of Indio, 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".
SECTION I: PURPOSE
A. The COUNTY has contracted with the CITIES individually for the provision
of Fire Protection, Fire Prevention, Rescue, and Medical Services in a separate
cooperative agreement respectively.
B. The CITIES and COUNTY desire to enter into a cost sharing agreement
for a ladder truck which will be of mutual benefit for all involved agencies.
C. The CITIES and COUNTY believe the ladder truck staffing cost should be
equitably distributed to the participating agencies.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION II: COOPERATIVE OPERATIONS
Emergencv Responses: The ladder truck shall be dispatched, when available, to
all residential and commercial structure fires within the jurisdictions of the CITIES and
COUNTY. The ladder truck shall also be utilized for staffing and expertise in other
emergencies relating to entrapment and medical emergencies. The truck shall be
located in a position to provide a response time of fifteen minutes, or less, to the
CITIES.
SECTION III: COST SHARE
The Parties agree the cost of the ladder truck shall be billed to CITIES by the
COUNTY with the normal quarterly billing pursuant to the CITIES respective
cooperative agreements, and the cost will be shown as a line item on that bill. The
CITIES will receive an estimated cost of the ladder truck staffing based on the top step
salaries of the personnel assigned to the ladder truck, at the first of the fiscal year. The
cost pool of the ladder truck shall consist of the salaries of 2.3 Fire Captains, 2.3 Fire
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
1 of 8
JUL 17 2018 �✓�
Apparatus Engineers, 3 Firefighter II Paramedics and 1.4 Firefighters II. A maintenance
budget of $20,000 will also be included in the cost pool. The cost shall be distributed by
the CITIES of Indio contributing fifty percent (50%), the County of Riverside contributing
twenty-five percent (25%), and the cities of La Quinta and Coachella each contributing
twelve and one half percent (12.5%) of the actual cost of the staffing and maintenance
of the ladder truck.
SECTION IV: TERM
The term of this Agreement shall be from July 1, 2018 to June 30, 2021. Any
party to this Agreement may terminate this Agreement by providing a written notice of
termination to the other party's hereto no less than one (1) year prior to the expiration of
the term hereof. If such notice is given unilaterally by COUNTY except any notice
issued because of actions of the California Department of Forestry and Fire Protection
(hereinafter "CAL FIRE") or CITIES, COUNTY agrees to continue to provide Fire
Services to CITIES until such time as CITIES has a reasonable opportunity to
implement alternative Fire Services. In no event shall this Agreement be terminated by
either party after June 30, 2020.
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 City
Indemnitees 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
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
2 of 8
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."
SECTION VI: OWNERSHIP, MAINTENANCE, REPAIRS
The City of Indio owns the ladder truck and maintains the insurance on said
ladder truck. The ladder truck maintenance and/or repair costs shall be paid through
the cost allocation plan or as a direct invoice distributed to each Party, with the City of
Indio contributing fifty percent (50%), the County of Riverside contributing twenty-five
percent (25%), and the cities of La Quinta and Coachella each contributing twelve and
one half percent (12.5%) of the actual cost of the maintenance and/or repair of the
ladder truck.
SECTION VII: DELIVERY OF NOTICES
All notices permitted or required under this agreement shall be given to the
respective parties at the following address, or at such other addresses as the respective
parties may provide in writing for this purpose.
COUNTY OF RIVERSIDE
County Fire Chief
210 W. San Jacinto Ave.
San Jacinto, CA 92570
CITY OF INDIO
City Manager
100 Civic Center Mall
Indio, CA 92201
CITY OF LA QUINTA CITY OF COACHELLA
City Manager City Manager
78-495 Calle Tampico 1515 6th Street
La Quinta, CA 92247 Coachella, CA 92236
Any notice required to be given hereunder to either party shall be given by
personal delivery or be deposited in the U.S. mail to the address listed, certified with
return receipt requested, and pre -paid postage affixed. Such notice shall be deemed
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
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made when personally delivered or when mailed. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of method of service.
SECTION Vill: GENERAL PROVISIONS
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 both Parties.
B. DISPUTES
CITIES shall select and appoint a "Contract Administrator" who shall, under the
supervision and direction of CITIES, be available for contract resolution or policy
intervention with COUNTY, when, upon determination by the Chief that a situation
exists under this Agreement in which a decision to serve the interest of CITIES has the
potential to conflict with COUNTY interest or policy. Any dispute concerning a question
of fact arising under the terms of this Agreement which is not disposed of within a
reasonable period of time by the CITIES and COUNTY employees normally responsible
for the administration of this Agreement shall be brought to the attention of the Chief
Executive Officer (or designated representative) of each organization for joint resolution.
For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar
days or less. CITIES and COUNTY agree to continue with the responsibilities under
this Agreement during any dispute. Disputes that are not resolved informally by and
between CITIES and COUNTY representatives may be resolved, by mutual agreement
of the parties, through mediation. Such mediator will be jointly selected by the parties.
The costs associated with mediator shall be shared equally among the participating
parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to
mediation, the parties reserve the right to seek remedies as provided by law or in equity.
The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215
Cal.App.4th 309, that each of the parties are sophisticated and negotiated this
agreement and this venue at arm's length. Pursuant to this Agreement, the parties
agree that venue for litigation shall be in the Superior Court of Riverside County. Should
any party attempt to defeat this section and challenge venue in Superior Court, the party
challenging venue stipulates to request the Court change venue to San Bernardino
County and shall not ask for venue in any other County.
Any claims or causes of actions, whether they arise out of unresolved
disputes as specified in this Section or claims by third parties that are made against the
COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of
Riverside in a timely manner. For claims made against the COUNTY that involve CAL
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
4 of 8
FIRE employees, to the extent permissible under the COUNTY's contract with CAL
FIRE, the claims will be forwarded on to CAL FIRE for processing.
C. WAIVER
Any waiver by any of the Parties, separately or collectively, of any breach of any
one or more of the terms of this Agreement shall not be construed to be a waiver of any
subsequent or other breach of the same or of any other term thereof. Failure on the
part of the Parties to require exact, full and complete compliance with any terms of this
Agreement shall not be construed as in any manner changing the terms hereof, or
estopping any one of the CITIES or COUNTY from enforcement hereof.
D. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void or unenforceable, the remaining provisions will nevertheless continue in
full force without being impaired or invalidated in any way.
E. ADMINISTRATION
1. The COUNTY Fire Chief shall administer this Agreement on behalf of
the County of Riverside.
2. The CITIES respective CITIES Manager shall administer this
Agreement on behalf of its own CITIES.
F. ATTORNEY'S FEES
If CITIES fails to remit payments for services rendered pursuant to any provision
of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to
all other remedies available.
In the event of litigation between COUNTY and 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.
G. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their
understanding, with respect to the subject matter hereof and as a complete and
exclusive statement of the terms and conditions thereof and supersedes any and all
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
5of8
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: i, -20 -!j,
ATTEST:
Cynthl Herna ez, City erk
Dated:
ATTEST:
(SEAL)
(SEAL)
CITY OF INDIO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
By.
Woa ne Diaz, C i t rney
CITY OF LA QUINTA
By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
6 of 7
prior and contemporaneous agreements and understandings, oral or written, in
connection therewith.
[SIGNATURE PROVISIONS ON NEXT PAGE]
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:
By:
City Clerk
(SEAL)
Dated:
ATTEST:
By:
Monika Rade kActfinityClerk
(SEAL)
CITY OF INDIO
By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
CITY OF LA QUINTA
APPROVED
FORM:
Manager
8. c
William H. Ihrke, bty Attorney
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
6 of 8
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
Dated: M" )-0ivf CITY OFCOACHELLA
ATTEST:
By: NdAl & NALv�
(SEAL)
Dated: JUL 17 2018
ATTEST:
KECIA HARPER -THEM
Clerk of the Board
B�
p uty
(SEAL)
By:
City Manager
APPROVED AS TO FORM:
By:
City A
COUNTY OF RIVERSIDE
By:
Chairman, Board of Su rvisors
CHUCK WASHI GTON
APPROVED AS TO FORM:
GREGORY P. PRIAMOS,
County Counsel
Y
REGPY P. PRIAMOS,
County Counsel
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
7 of 8
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QUINTA, COACHELLA, COUNTY\Ladder Truck Agmt w-Indio La Quints Coachella 20160426.docx
COOPERATIVE AGREEMENT TO SHARE THE COST OF A LADDER TRUCK COMPANY
CITIES OF INDIO, LA QUINTA, & COACHELLA
July 1, 2018 to June 30, 2021
8of8
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR THE DESERT TRUCK SHARED WITH
THE CITIES OF COACHELLA, INDIO AND LA QUINTA
ESTIMATE DATED JANUARY 1, 2018 FOR I Y2018/2019 THROUGH FY2020/2021
CITY BUDGETED EXHIBIT "A" ESTIMATES
FISCAL YEAR 2018/2019
FISCAL YEAR 2019/2020
FISCAL YEAR 2020/2021
$1, 845,490
$1,938,978
$2,031,449
TOTAL CITY BUDGET ESTIMATES FOR FY2018/2019 - FY2020/2021 $5,815,917
PROUDLY SERVING THE
UNINCORPORATED AREAS
OF RIVERSIDE COUNTY
AND THE CRIES OF:
BANNING
BEAUMONT
CANYON LAKE
COACHELLA
DESERT HOT SPRINGS
EASTVALE
INDIAN WELLS
INDIO
JURUPA VALLEY
LAKE ELSINORE
LA QUINTA
MENIFEE
MORENO VALLEY
NORCO
PALM DESERT
PERRIS
RANCHO MIRAGE
RUBIDOUX CSD
SAN JACINTO
TEMECULA
WILDOMAR
BOARD OF
SUPERVISORS:
KEVIN JEFFRIES
DISTRICT 1
JOHN TAVAGLIONE
DISTRICT 2
CHARLES WASHINGTON
DISTRICT 3
V. MANUEL PEREZ
DISTRICT 4
MARION ASHLEY
DISTRICT 5
CAL FIRE - RIVERSIDE UNIT
RIVERSIDE COUNTY FIRE DEPARTMENT
Shawn Newman — Fire Chief
210 West San Jacinto Avenue, Perris, CA 92570-1915
Bus: (951) 940-6900 Fax: (951) 940-6373 www.rvcfiire.org
August 9, 2018
To. City Manager
City of La Quinta
From: Lefty Morales, Administrative Services Analyst
Riverside County Fire Department
Re: Cooperative Agreement and Form 11 with the City of La Quinta
Enclosed is the fully executed Cooperative Agreement with the City of
La Quinta.
This agreement expires June 30, 2021. 1 have calendared January 1,
2021 to begin renewal process again.
Thank you,
fl
Letty Morales
(961) 940-6977
SUBMITTAL TO THE BOARD OF SUPERVISORS
ITEM
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA?' 3.25
(ID # 7497)
MEETING DATE:
Tuesday, July 17, 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 three (3) years.
District 4; [$5,815,917]; 75% Contract Reimbursement, 12% Structural Fire
Taxes, and 13% General Funds
RECOMMENDED MOTION: That the Board of Supervisors:
1. Ratify and Approve the attached 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. Authorize the Chairman of the Board to execute this Cooperative Agreement on behalf
of the County; and
3. Authorized the Fire Chief to negotiate and execute any amendments to the Exhibit "A" of
this Agreement.
ACTION:
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Tavaglione, seconded by Supervisor Jeffries 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 Cler th' Board
Date: July 17, 2018 gY
xc: F� e u
Page 1 of 3 ID# 7497 3.25
SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
FINANCiA DATA CLSrantFIsca;Yea r NextFis Year. CnsL Ongoing Cost
COST $ 1,845,490 $ 1,938,978 $ 5,815,917 $ N/A
NET COUNTY COST $ 239,913 $ 252,067 $ 750,069 $ N/A
SOURCE OF FUNDS: Contract Revenue 75%, 12% Structural Fire Budget Adjustment: No
Taxes and 13% General Fund
For Fiscal Year: 18/19-20/21 1
C.E.O. RECOMMENDATION: Approve
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 ladder truck serves the County
unincorporated area, the City of Indio, the City of La Quinta and the City of Coachella. There
were no changes in the Agreement level of staffing since the previous signed Amendment. The
term of this agreement is July 1, 2018 through June 30, 2021. The total estimated contract
revenue will be received annually to cover 75 percent of the contract costs. The County portion
of the contract is funded with Structural Fire Taxes and General fund and is $461,373 for FY
18/19, $484,745 for FY 19/20 and $507,862 for FY 20/21. The total contract amount for FY
18/19 is estimated at $1,845,490, FY 19/20 $1,938,978 and FY 17/18 $2,031,449. It is 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 Indio approved the agreement on June 20, 2018. The City of La Quinta approved
the agreement on June 6, 2018. The City of Coachella approved the agreement on May 23,
2018.
The agreement has been reviewed and approved as to form by County Counsel.
Impact on Residents and Businesses
There are no changes to the staffing level in the Agreement; therefore, there will be no impact
on businesses or citizens of the City of Indio, the City of La Quinta and the City of Coachella
due to the renewal of this agreement. However, the language in the Agreement 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.
Page 2 of 3 ID#7497 3■25
SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
SUPPLEMENTAL:
Additional Fiscal Information
Fire estimates receiving revenue in FY 18/19 of $1,384,118, FY 19/20 $1,454,234 and FY
20/21 $1,523,587. This amount is included in Fire's FY 18/19 Budgeted Estimated
Revenue.
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 an amendment was last approved by the
Board of Supervisors on January 30, 2018, Item #3.10. The estimated contract increase from
the previous Exhibit A amendment is 2.17%. This increase is due to various rate increases from
the State Cooperative Agreement, the County cost increases.
Daffi-WeUabot, C hief CA Fne Riverside you ty 512712018 Gre . riad - ire or County Counsel 6I27/2018
Rietr� nclair, bepuiy Qrr(e�ir Fire dmin 71812618 n er. Prind 4i
game Analyst 7/i012018
4P11�—�Gre , rector County Counsel 5/2712015
Page 3 of 3 ID#7497 3.25