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HomeMy WebLinkAboutMINUTES - 09192006 - C.49 TO: BOARD OF SUPERVISORS SE ` Contra FROM: John Cullen, County Administrator - _ Costa DATE: September 19, 2006 County°°s�A-��U, `P~ SUBJECT: APPROVAL OF CONTRACT BETWEEN THE CITY OF BRENTWOOD AND EAST CONTRA COSTA FIRE PROTECTION DISTRICT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: l Approve and Authorize the Fire Chief, East Contra Costa Fire Protection District or his designee, to execute a one year contract with the City of Brentwood to reimburse the Fire District for providing a third firefighter per engine at each of the two fire stations located within the City of Brentwood for an amount not to exceed $675,000. This contract will be for a one year period, January 1, 2006 to December 31, 2006. FISCAL IMPACT: Cost neutral. The City of Brentwood is reimbursing the salary, benefits, insurance, and overtime pay for the third firefighter to be provided per engine-company in the City of Brentwood. In addition, the dollar amount of the contract shall be adjusted for any compensation increase resulting from labor negotiations. BACKGROUND: Two firefighter engine companies, funded by the East Contra Costa Fire Protection District, are stationed at Station 52 and Station 54 in Brentwood. The Fire District and the City of Brentwood entered into a contract on January 1, 2003 to provide for a third firefighter, funded by the City, at each of these stations. This contract expired on January 1, 2006, and the Fire District has continued to provide a third firefighter at each station. This contract will provide services for the calendar year of 2006. CONTINUED ON ATTACHMENT: YES SIGNATUR .: RECOMMI.NDA'PION OI COUNTY ADMINISTRATOR RECOMMENDATION OF RD COMMITTEE �API'ROVE OTHER SIGNATURF(S): ACTION OF BO /DN JL- / APPROVED AS RFCOMMI:;NDED O'II IER VOTE OF SUPERVISORS I HEREBY CERTIFY'rl IA'T'IBIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE:DATE:S1[OWN. UNANIMOUS(ABSENT ) AYES: NOES ABS17NT: 5�� ABS'T'AIN: Contact: Rich Scithcl(5-1024) cc: ECCFPD ATTE'S'TED County Counsel OHN C LLEN,CLERK OI:'TETE BOA D OFSUPEIZVISORS BY: DEPI1 Y col� AGREEMENTFOR FIRE PROTECTION SERVICES THIS AGREEMENT FOR FIRE PROTECTION SERVICES, (the"Agreement") is made and entered into this_day of ,2006 by and between the City of Brentwood, a municipal corporation existing under the laws of the State of California, ("City'), and East Contra Costa Fire Protection District("Fire District") (collectively"the Parties"). RECITALS A. Effective January 1, 2003, the Parties entered into a 3 year Agreement for Fire Protection Services whereby the Fire District provided supplemental fire protection services to the City(the"2003 Agreement'). . B. The 200.3 Agreementadded a third firefighter to the two firefighters provided by the Fire District at Stations 52 and 54 in Brentwood. C. The 2003 Agreement expired on December 31, 2005. D. The Fire District has prepared a draft Fire Servide and EMS Master Plan (the"Plan")which identifies the need for additional staffing and funding needs for the Fire District. E. The Parties desire to continue the arrangement reached in the 2003 Agreement on a quarter by quarter basis to provide time.for both the City and the District to consider the Plan. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Term. This Agreement shall become effective the date first written above and continue in force through December 31, 2006. Agreement will thereafter extend on a quarter by quarter basis unless terminated by either Party upon thirty (30) days advance written notice to the other Party or canceled. immediately by written mutual consent. 2. Legal Authority. This Agreement is entered into under and subject to Government Code section 55631, et. seq. Nothing in this Agreement is intended, nor shall it be construed, to limit the applicability of Government Code Section 55634 to the Fire District. 3. Fire District's Obligations. The Fire District shall provide to City those services described in the attached Exhibit A- Fire Services (the"Services")which is incorporated herein by this reference. 4. Payment. Payment shall occur in the manner and amount set forth in the attached Exhibit B- Terms of Payment which is incorporated herein by this reference. 5. City Cooperation. The City shall give the Fire District the full cooperation and assistance of its officers, agents, and employees and hereby designates its City Manager as its representative to coordinate with the Fire District for provision of the Services. 6. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the Parties of agent, servant, employee, partnership, joint venture or association. Firefighters employed in the performance of services hereunder are Fire District employees, and do not have and do not acquire any pension, civil service, or any other status or right that the City confers upon its employees. Atty/Agmts12006.022(3 Redline).doc _ r, (copy . Firefighters employed in the performance of services hereunder shall be supervised and be under the direction and control of the Fire District in the performance of their duties. The Fire District shall determine shift and station assignments,operating procedures, and training requirements. 7. No Third-Party Beneficiaries. Nothing in this Agreement is intended, nor shall it be construed to create rights inuring to the benefit of third parties. 8. Amendments. This Agreement may be modified or amended by a written document executed by the Parties. 9. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties and replaces, in its entirety, the 2003 Agreement. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Interim Agreement shall be deemed to exist or to bind any either of the Parties. 10. Construction. The section headings.and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the Parties. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties prepared it. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply to the interpretation of this Interim Agreement. 11. Notices. All notices provided for by this Agreement shall be in writing, and shall be personally delivered or delivered by deposit in United States first class certified mail, postage prepaid, and return receipt requested. Notices to the Fire District shall be addressed to the East Contra Costa Fire Protection District Office, 134 Oak Street, Brentwood, CA, 94513. Notices to the City shall be addressed to the City Manager. City of Brentwood, 708 Third Street Brentwood, CA, 94513. The effective date of notice shall be the date of personal delivery or the date of delivery as shown on the return receipt. 12. Dispute Resolution. If a dispute arises out of this Agreement, the Parties will first attempt to resolve it through informal discussions. The Parties will coordinate the date, time and location of informal conferral. If a dispute cannot be resolved through informal conferral within twenty-one (2 1) calendar days, the Parties shall endeavor to settle the dispute by mediation. The Parties shall select a neutral third-party and shall bear the costs of mediation equally. The dispute resolution process described above shall be undertaken in good faith and exhausted prior to resort to judicial review. However, by agreeing to this dispute resolution process, neither Party loses or waives its right to sue under any applicable statute of limitations or loses or waives its right to assert the operation of any applicable statute of limitations as an affirmative defense. If an applicable statute of limitations would run during the pendency of the dispute resolution process described above, the Parties shall agree in writing to toll the statute of limitations for a period reasonably necessary to complete the dispute resolution process, but the statute of limitations shall not be tolled for more than ninety(90)calendar days. 13. Severability. If any section, clause, or phrase of this Agreement, or the application thereof to any Party or any other person or circumstance, is held to be invalid by a final decision of a court of competent jurisdiction, it shall be deemed severable and the reminder of this Agreement, or the application thereof to any Party or any other person or circumstance,shall not be affected thereby. 14. Choice of Laws. This Agreement is made in Contra Costa County, State of California, and shall be construed and enforced in accordance with the laws of the State of California. 15. Remedies. The sole remedy for violations of the Agreement shall be the specific performance of this Agreement. The Fire District and the City shall have no liability for damages to one another or to any other person or entity resulting from any violation of this Agreement. Atty/Agmts/2006.022(3 Redline).doc 2 16. Authority. The individuals executing this Agreement and the instruments referenced in it on . . behalf of the Parties each represent and warrant that they have the legal power, right and actual authority to bind the Parties to the terms and conditions of this Agreement. Fire District: City: By: By: Name: Donna Landeros, City Manager Title: Date: Date: ATTEST: ATTEST: By: By: Name: Margaret Wimberly, City Clerk Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Name: 77 o*KgS eI'. County Counsel Damien B. Brower,City Attorney Atty/Agmts/2006.022(3 Redline).doc 3 C opy Exhibit"N'- Fire Services 1. The Fire District shall provide the City with the fire protection services of two (2) additional firefighters for twenty four (24) hour per day, seven (7) days per week coverage. One (1) firefighter will serve Brentwood fire station number 52 and one firefighter will serve Brentwood fire station number 54. The addition of each firefighter will create three (3) person crews for each engine instead of the usual two(2)person crews. 2. The Fire District'will furnish the firefighting equipment, supplies, and a vehicle for use in carrying out the services under this Agreement. Atty/Agmts/2006.022(3 Redline).doc 4 C()Py : Exhibit B-Terms of Payment 1. The City shall pay the Fire District the salary, benefits, insurance and overtime pay of the firefighters provided for under this Agreement. The estimated cost per quarter is one hundred forty-two thousand three hundred twenty-seven dollars and fifty cents ($142,327.50); however, actual costs may vary. The Fire District shall submit a written demand for payment to the City on a quarterly basis after services are rendered for that quarter. In addition, the dollar amount of this Agreement shall be adjusted for any compensation increase resulting from labor negotiations. 2. The Fire District shall account for all funds provided hereunder and maintain appropriate records and reports regarding all receipts and disbursements. The Fire District shall provide financial reports to the City upon request. Atty/Agmis/2006.022(3 Redline).doc 5