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07/06/2021 ITEM NO. 4 - CONSIDERATION OF A FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE CITY OF WEST COVINAAGENDA ITEM NO. 4 WEST" ON DATE: July 6, 2021 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF A FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE CITY OF WEST COVINA RECOMMENDATION: It is recommended that the City Council: 1. Ratify the Fire Department Mutual Apparatus and Equipment Lease Agreement between West Covina and the City of La Verne, for use of La Verne's Quint fire truck while the City's Quint is out of service; and 2. Authorize the City Manager to execute future amendments to the Agreement. BACKGROUND: The West Covina Fire Department deploys apparatus to respond to emergencies. From time -to -time, apparatus must go in for service. The West Covina Fire Department, like many other municipal fire departments, does not have the ability to have a redundancy of specialized apparatus in the Department's inventory. To address limited inventories, cities partner with fire departments within the region to allow departments to share equipment when needed. DISCUSSION: The City of West Covina fire apparatus inventory includes: • 1 Fire Truck (Quint 1) that can be utilized as a Fire Truck and a Fire Engine, also known as a Quint capable truck company. • 1 Fire Truck (Truck 2) that provides ladder resource only. The considerable difference between a Quint capable truck company and non -quint capable truck company is that a Quint has ladder resource, water and a pump, while a non -quint company only has a ladder resource. In August 2018, the West Covina Fire Department closed the full-time truck company at Fire Station 2 (Quint 1) and moved it to Fire Station 4. Quint 1 is usually in service as the Fire Station 4 engine company resource and serves as the City's fire truck resource. Unfortunately, Quint 1 needs service and will be out of service for an unknown amount of time. When the Quint is out of service the normal procedure is to put Truck 2 in service with a reserve Fire Engine that has a pump and water and staff it with an apparatus operator to drive it. This now becomes a two -vehicle tandem response resource. At the current time, a reserve Fire Engine is not available to place in service and Truck 2 is also out for service. The objective of the two -vehicle tandem resource is to keep a resource with water and a pump in all districts. At this time, a reserve Fire Engine is not available for service and Truck 2 has also gone out of service for repairs. The City of La Verne has a Quint capable truck company that is not being utilized and in storage. Staff reached out to the City of La Verne Fire Department to borrow their Quint while the City's Quint is out of service. The La Verne Fire Department agreed to allow the West Covina Fire Department to use their Quint at no cost to the City. Due to the urgent need and given that the agreement is at no -cost to the City, the City Manager executed the agreement. Staff is requesting that the City Council ratify the agreement. LEGAL REVIEW: The City Attorney's Office reviewed the agreement and approved it as to form. OPTIONS: The City Council has the following options: 1. Adopt Staff's recommendation 2. Provide alternative direction. Prepared by: Vincent Capelle, Fire Chief Additional Robbeyn Bird, Finance Director Approval: Attachments Attachment No. 1 - La Verne Agreement CITY Protect Public Safety COUNCIL GOALS & OBJECTIVES: Attachment No. 1 FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LEASE AGREEMENT This Agreement is entered into as of June 11, 2021, by and between the City ofLa Verne ("La Verne"), a California municipal corporation, and the City of West Covina ("West Covina"), a California municipal corporation, La Verne and West Covina are referred to herein individually as the "Party" and collectively as the "Parties". RECITALS A Each of the Parties provides fire suppression services to its residents and maintains an inventory of equipment for the purposes of doing so. B. From time 0 time, an agency may have essential apparatus and equipment which requires repair or maintenance and thus have equipment temporarily unavailable for deployment. C. The Parties may have equipment which is redundant or otherwise unnecessary for immediate deployment in their own jurisdiction, which could, at the sole discretion of such a Party's fire chief, be made available for lease to a Party in need. D. The purpose of this Agreement is to facilitate such a loan arrangement between Parties hereto. AGREEMENT Lease of Equipment. With the consent of the La Verne's fire chief, La Verne may lease to West Covina essential apparatus and equipment pursuant to the terms and conditions of this Agreement and such other terms and conditions, not inconsistent with this Agreement as the La Verne's fire chief deems appropriate. All Parties will complete an inventory form and confirm the condition of vehicle and/or equipment on lease. The inventory form shall be completed by La Verne and West Covina at the beginning and end of the lease period. 2. Description of Apparatus/Equipment. The leased apparautus is one (1) 2014 Pierce Arrow XT Tractor Drawn Aerial including all tools and equipment listed in the apparatus inventory. 3. Cost. La Verne will allow West Covina to use the apparatus defined herein at no cost to West Covina. 4. Care and Condition of Apparatus/Equipment. West Covina must ensure at its expense that the apparatus/equipment is routinely maintained and returned to La Verne in the same or better condition that it was received in. 5. Term of Agreement. The initial term of this Agreement is on an emergent basis and not to exceed a period of two weeks unlees extended or terminated by mutual agreement of the Parties. The lease period shall begin June 11, 2021 and shall terminate June 25, 2021. Page 1 of 4 6. Termination. Any Party may terminate this Agreement at any time with twenty-four (24) hours of written notice to the other Party. If the Agreement is terminated, all equipment on lease must be returned within twenty four hours of such notification. 7. Indemnification. A. Each Partyreleases the other Party to this Agreement from all liability to itself, its officials, officers, employees, agents, and volunteers, for any claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement. Each Party bears sole responsibility for any loss with the following exception: West Covina agrees to indemnify and hold La Vemeharrnless from and against any claim, action, damages, costs (including, without limitation, attorneys' fees), injuries, or liability, arising out of West Covina's use or possession of the apparatus or equipment. Should La Verne be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of West Covina's use or possession ofLa. Verne's apparatus or equipment, West Covina will defend La Verne (at La Verne's request and with counsel satisfactory to La Verne) and will indemnify La Verne for any judgment rendered against it or any sums paid out in settlement or otherwise. B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. C The requirements as to the types and limits of insurance coverage to be maintained by the Parties are not intended to, and will not, in any manner limit or qualify the liabilities and obligations otherwise assumed by the Parties pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Insurance. West Covina must provide a letter of self-insurance for automobile, general, and professional liability for up to $5,000,000 per occurrence and is self -insured for worker's compensation for up to $2,000,000 per occurrence. West Covina has excess coverage in place for occurrences over these amounts. Losses for which the West Covina is legally liable and falling within the retention are fully secured by the West Covina's financial resources. 9. Modification. This Agreement may be modified only by a written agreement executed by all the Parties. 10. Assignment. The Parties understand that their status as public entities are primary inducements for each to enter into this Agreement. For this reason, the Parties agree that they will not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or transfer any portion ofthis Agreement will be void. 11. Notices. All notices required by this Agreement must be in writing and given to the Parties at the following addresses: City of La Verne Fire Department 2061 3rd St La Verne, CA 91750 Attn: Fire Chief Page 2 of 4 City ofWest Covina Fire Department 1444 W Garvey Ave S West Covina, CA 91790 Attn: Fire Chief 12 California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Superior Court. 13. Interpretation. This Agreement shall be interpreted as though prepared by all Parties. Any issue with respect to the interpretation or construction of this Agreement is to be resolved without resorting to the presumption that ambiguities should be construed against the drafter. 14. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. 15. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that representations by any Party not embodied herein, and any other agreements, statements, or promises concerning the subject matter of this Agreement, not contained in this Agreement, are not valid and binding. 16. Facsimile or Electronic Signatures. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission or electronic signature. Such facsimile signature or electronic signature will be treated in all respects as having the same effect as an original signature. 17. Counterparts. This Agreement may be executed in any number or counterparts, each of which will be an original, but all ofwhich together will constitute one instrument executed on the same date. [SIGNATURE PAGE FOLLOWS.] Page 3 of 4 IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day and year first shown above. CITY OF LA VERNE a California municipal corporation By: 62L akLwa Name: -iy Waterhouse Title: Interim Fire Chief ATTEST: CITY OF WEST COVINA a California municipal corporation By: Name: Dave rmany Title: City Manager ATTEST: By: By: v Na �� ame: avHt ref APPROVED AS TO FORM: By: ame: Robert L. Dress Title: City Attorney APPROVED AS TO CONTENT: By: Name: Lan aterhouse Title: Interim Fire Chief . •71 Title: City Attorney APPROVED AS TO CONTENT: By: Name: Vincent A. Cape le Title: Fire Chief Page 4 of 4