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CITY COUNCIL AGENDA ITEM 29

Meeting Date: February 12, 2002

Subject/Title: Enter into a contract with East Diablo Fire Protection District to increase 24-hour Firefighter Crews from two firefighters to three firefighters

Submitted by: John Stevenson, City Manager

Approved by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution authorizing the City Manager to approve a contract with the East Diablo Fire Protection District in the amount of $784,000 for costs associated with the increase of 24-hour firefighter crews in Brentwood Fire Station Nos. 52 and 54 from two firefighters to three firefighters.

PREVIOUS ACTION
On October 23, 2001, the City Council approved a contract with Citygate Associates, LLC to undertake a Comprehensive Fire Suppression and Emergency Medical Services Master Plan outlining the steps necessary to improve fire safety within Brentwood.

BACKGROUND
The City Council has received testimony from residents requesting improved fire safety from our local fire district and fire stations. In response to this testimony, the Council directed staff to research the subject and negotiate a contract with East Diablo Fire Protection District to increase the number of firefighters housed at our local Brentwood fire stations.

The attached contract is the result of those meetings and is recommended by staff. The logical extension of this 2-year contract means a minimum of 3 firefighters in each Brentwood fire station at a cost in 2002 dollars of $196,000 per fire station per year. This amounts to an ultimate buildout cost of $784,000 per year (in 2002 dollars) when we have 4 fire stations. This cost is only marginally higher than we now pay the City of Antioch for Dispatch Service for our Police Department, and goes a long way towards solving the fire service concerns of the public.

Staff received several questions regarding what happens if the firefighters we are paying for respond to a call out of the area and are not available to serve Brentwood. Mutual Aid requests for those firefighters will be handled the same as with other firefighters. We will continue to pay their salaries. We do not pay for neighboring firefighters when they help us, and they will not pay us back when we help them. That is what mutual aid is all about.

FISCAL IMPACT
$392,000 per year currently. $784,000 per year at buildout stated in 2002 dollars, if this contract or a similar contract is utilized to extend the agreement into the future.

Attachments:
Resolution
Contract

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHOIZING THE CITY MANAGER TO APPROVE A CONTRACT WITH THE EAST DIABLO FIRE PROTECTION DISTRICT TO INCREASE 24-HOUR FIREFIGHTER CREWS IN BRENTWOOD FIRE STATION NOS. 52 AND 54 FROM TWO FIREFIGHTERS TO THREE FIREFIGHTERS


WHEREAS, on October 23, 2001, the City Council approved a contract with Citygate Associates, LLC to undertake a Comprehensive Fire Suppression and Emergency Medical Services Master Plan outlining the steps necessary to improve fire safety within Brentwood; and

WHEREAS, the City of Brentwood desires to increase fire protection service to its residents; and

WHEREAS, the East Diablo Fire Protection District desires to work cooperatively with the City of Brentwood to achieve that goal; and

WHEREAS, the East Diablo Fire Protection District has offered to increase the number of fulltime firefighters housed in Brentwood Fire Station Nos. 52 and 54 from 2-man crews to 3-man crews, 24 hours per day, 7 days per week; and

WHEREAS, staff has negotiated a contract for these services in the amount of $98,000 per quarter, or $392,000 per year for a total of two years.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the City Manager is hereby authorized to approve a contract with East Diablo Fire Protection District in the amount of $784,000 for costs associated with the increase in the number of fulltime firefighters housed in Brentwood Fire Station Nos. 52 and 54 from 2-man crews to 3-man crews, 24 hours per day, 7 days per week.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of February 2002 by the following vote:

CONTRACT FOR FIRE PROTECTION SERVICES



1. Parties. This Contract is made by and between the City of Brentwood (hereinafter “City”) and the East Diablo Fire Protection District (hereinafter “Fire District”).

2. Term. This Contract shall become effective April 1st, 2002 and continue in force through April 1st, 2004 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 Code section 55632.

4. Fire District’s Obligations. 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.

5. Payment Provisions.

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 to any pay raises 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 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 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 East Diablo Fire Protection District Office, 134 Oak Street, Brentwood, CA, 94513. Notices to the City shall be addressed to the City Manager, City of Brentwood, 150 City Park Way 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.

13. Signatures. These signatures attest the parties’ agreement hereto.

EAST DIABLO 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.


By: _____________________________ ATTEST:
John E. Stevenson


Title: ____________________________ By: ________________________________
City Manager Karen Diaz, CMC, City Clerk


Date: ___________________________


FORM APPROVED: City Attorney


By: ____________________________
Dennis Beougher, City Attorney

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