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Home My WebLink AboutMINUTES - 12172002 - C.126 TO: BOARD OF SUPERVISORS Contra FROM: Jahn Sweeten, County AdministratorCosta DATE: December 10, 2002 County 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: APPROVE and AUTHORIZE the Acting Interim Fire Chief, East Contra Costa Fire Protection District, to execute a three-year contract with the City of Brentwood to reimburse the District for a third firefighter per engine for the two fire stations located in the City of Brentwood in the amount of$392,000 per year for the period of January 1, 2003 through December 31, 2005. FINANCIAL IMPACT: None. City of Brentwood is reimbursing the salary, benefits, insurance, and overtime pay of 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: The City of Brentwood approved a Resolution on February 12, 2002 to enter into a contract with the East Diablo Fire Protection District to increase 24-hour firefighter crews from two firefighters to three firefighters in the local Brentwood fire stations (Station 54 and Station 52). The City has agreed to pay the Fire District $98,000 in advance every quarter. The Fire District will furnish the firefighting equipment and supplies. It is anticipated that the increase of one additional firefighter for Station 52 and Station 54 will result in an additional need for funding 7 FTEs, including overtime. The $98,000 per quarter ($392,000 annual) City reimbursement will cover the cost of the additional firefi titers. elf ATTACHMENT: a% YES SIGNATURE, _ EGOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD,.�MMITTEE F�PROVE OTHER SIGNATURE(S): ACTION OF BOA N JZ , �°' 2 c 6;. APPROVE AS RECOMMENDED �- OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ' AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT ✓jt!3� `� } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: a ATTESTED• CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND CC: CAO COUNTY ADMINISTRATOR East Contra Costa FPD Auditor-Controffer 3 BY �rL ' ✓. "rr .a"*�EPEJTY f.. CONTRACT FOR FIRE PROTECTION SERVICES %.OPY 1. Parties. This Contract is made by and between the City of Brentwood (hereinafter "City") and the East Contra Costa Fire Protection District (hereinafter"Fire District"). 2. Term. This Contract shall become effective January 1st. 2003 and continue in force through December 31st. 2005 unless terminated by either party upon thirty days advance written notice thereof to the other party or canceled immediately by written mutual consent. 3. Legal Authority. This Contract is entered into under and subject to Government Cade section 55632. 4. Fire district's Obi i_gat!ons. The Fire District shall provide to City the following: a. The Fire District shall provide the City with the fire protection services of two additional firefighters for 24-hour per day, seven days per week coverage. One 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- person crews for each engine instead of the usual two-person crews. b. The Fire District will furnish the firefighting equipment, supplies, and a vehicle for use in carrying out the services hereunder. KAjbauer\Agreements\3rd Firefighter Contract Revised 12-03-02.doc 5. Payment Provisions. C(DPY a. The City shall pay the Fire District $98,000 in advance every quarter, with the first payment due, at a prorated amount, within ten days after the effective date of this Contract. Payments thereafter must be received in the Fire District's Office by 5:00 p.m. no later than the first day of January, April, July and October. Payments include the salary, benefits, insurance and overtime pay of the firefighter provided. In addition, the dollar amount of the contract shall be adjusted for any compensation increase resulting from labor negotiations. The Fire District retains the right to terminate the contract immediately upon the City's failure to submit a timely payment. b. The Fire District shall submit written demands for payment to the City on a quarterly basis before services are rendered for that quarter. The failure to submit such demand, however, will not excuse payment by the City to the Fire District in a timely manner. c. 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. d. Within a reasonable time following the expiration of each quarter, the Fire District shall provide the City with written documentation showing the date(s) and hour(s) where an engine was not staffed with three firefighters. The Fire District shall reimburse the City for each increment of one hour or more that is not covered by three firefighters by paying City the proportional amount of that firefighter's cost per hour. Repayment by the Fire District may be accomplished by deducting the amount K:ljbauer\Agreernentsl3rd f=irefighter Contract Revised 12-03-02.doe owed by the City for the following quarter. Such reduction shall be reflected in the written demand for payment to the City in the following quarter. 6. 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 all activities under this Contract. 7. Independent Contractor Status. This Contract 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. 8. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members within the City's population, it is not the intention of either the Fire District or the City that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 9. Amendments. This Contract may be modified or amended by a written document executed by the parties to this Contract. 10, Entire Agreement. This Contract contains all of the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the K.ljbaueMgreementsl3rd Firefighter Contract[devised 12-03-02.doc OOPY� parties hereto. The sole remedy for violation of this Contract shall be the specific performance of this Contract. 11. Construction. The section headings and captions of this Contract are, and the arrangement of this instrument is, for the sole convenience of the parties to this Contract. 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 Contract. This Contract shall not be construed as if it had been prepared by one of the parties, but rather as if both parties prepared it. The parties to this Contract and their counsel have read and reviewed this Contract and agree that 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 Contract. 12. Notices. All notices provided for by this Contract 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 Fast 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. K:\jbauer\Agreements\3rd Firefighter Contract Revised 12-03-02.doc 13. Signatures. These signatures attest the parties' agreement hereto. G 3 Y EAST CONTRA COSTA FIRE PROTECTION DISTRICT BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors By: By: Chairman/Designee Date: RECOMMENDED BY FIRE DISTRICT FORM APPROVED: County Counsel By: By: Designee Deputy CITY OF BRENTWOOD CALIFORNIA Approved by the City Council, signed by the person so authorized, and attested to by the Clerk of the City,of Brentwood. B ATTEST: John E. Stevenson City Manager/ Date: �'" `7 By: iv ren Diaz, , City Clerk FORM APPROVED: City Attorney By: 1�� a 44.,a�4s,- - Dennis Beougher, Ci y Attorney KAjbauer\Agreementsi3rd Firefighter Contract Revised 12-03-02.doc