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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: October 10, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute an Agreement for Fire Protection Services with East Contra Costa Fire Protection District and authorize payment in accordance with the contract for the period of January 1 through December 31, 2006

Prepared by: Denise Davies, Chief Finance Officer

Submitted by: Pamela Ehler, City Treasurer/Director of Finance and Information Systems


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an Agreement for Fire Protection Services with East Contra Costa Fire Protection District and authorize payment in accordance with the contract for the period of January 1 through December 31, 2006.

PREVIOUS ACTION
On February 12, 2002, the City Council adopted Resolution No. 2469, which authorized the City Manager to approve a contract with the Fire District to increase 24-hour firefighter crews in Brentwood Fire Station Nos. 52 and 54 from two firefighters to three firefighters.

On April 25, 2006, the City Council adopted Resolution No. 2006-85 approving and authorizing the City Manager to execute an Interim Fire Protection Services Agreement with East Contra Costa Fire Protection District in the amount of $142,327.50 in substantially the same form as attached to the Resolution and further authorizing the City Manager, in consultation with the City Attorney, to make non-material changes to the Agreement.

BACKGROUND
After City Council approval of the Fire Protection Services Agreement in April, the agreement was forwarded to the Fire District for execution. City staff has been working with Contra Costa County Counsel on contract revisions that were agreeable to both parties. The City has not made payments to the Fire Protection District pending Board of Supervisor action and City Council approval of the final agreement. The attached agreement was approved by the Board of Supervisors on September 19, 2006.

In April, the City Council gave authorization to the City Manager to execute a Fire Protection Services Agreement that was substantially the same form as attached to the Resolution. Subsequent to the April approval, the Fire District proposed the following changes that have been reviewed by the City Attorney, Finance Department and Risk Management.

• The term of the agreement has been extended from August 31, 2006 to December 31, 2006.
• The Indemnity Section has been removed as it was reciprocal and in most instances, both parties end up defending themselves.
• The Dispute Resolution Section was changed to detail the process.
• Remedies section was removed because it was determined that it was not needed as the only remedy allowed was the specific performance of the agreement.

The City of Brentwood continues to have ongoing discussions with the Fire District regarding fee issues and the need for a district wide revenue source. While the City continues to analyze the Fire Service and EMS Master Plan developed for the district, this contract will allow staff to pay East Contra Costa Fire Protection District for the “third firefighter” on a quarter by quarter basis as services are provided through December 31, 2006.

FISCAL IMPACT
The expenditure totaling $ 286,236.42 for services provided from January 1, 2006 through June 30, 2006 were included in the 2005/06 Operating Budget. The estimated expenditure of $142,327.50 per quarter for services provided from July 1, 2006 through December 31, 2006 is included in the 2006/2007 Operating Budget.

Attachments
Resolution
Board of Supervisors Action
Agreement
































RESOLUTION NO.


ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR FIRE PROTECTION SERVICES WITH EAST CONTRA COSTA FIRE PROTECTION DISTRICT AND AUTHORIZE PAYMENT IN ACCORDANCE WITH THE CONTRACT FOR THE PERIOD OF JANUARY 1 THROUGH DECEMBER 31, 2006


WHEREAS, on February 12, 2002, the City Council adopted Resolution No. 2469, which authorized the City Manager to approve a contract with the Fire District to increase 24-hour firefighter crews in Brentwood Fire Station Nos. 52 and 54 from two firefighters to three firefighters; and

WHEREAS, on April 25, 2006, the City Council adopted Resolution No. 2006-85 approving and authorizing the City Manager to execute an Interim Fire Protection Services Agreement with East Contra Costa Fire Protection District in the amount of $142,327.50 in substantially the same form as attached to the Resolution and further authorizing the City Manager, in consultation with the City Attorney, to make non-material changes to the Agreement; and

WHEREAS, City staff has been working with Contra Costa County Counsel on contract revisions that were agreeable to both parties; and

WHEREAS, the City has not made payments to the Fire Protection District pending Board of Supervisor action and City Council approval of the final agreement; and

WHEREAS the attached agreement was approved by the Board of Supervisors on September 19, 2006; and

WHEREAS, the City continues to analyze the Fire Service and EMS Master Plan developed for the district; and

WHEREAS, this contract will allow staff to pay East Contra Costa Fire Protection District for the “third firefighter” on a quarter by quarter basis as services are provided through December 31, 2006; and

WHEREAS, the expenditure totaling $ 286,236.42 for services provided from January 1, 2006 through June 30, 2006 were included in the 2005/06 Operating Budget; and

WHEREAS, the estimated expenditure of $142,327.50 per quarter for services provided from July 1, 2006 through December 31, 2006 is included in the 2006/2007 Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes:

Section 1. The City Manager to execute the attached agreement for fire protection services with East Contra Costa Fire Protection District; and

Section 2. Payment in accordance with the contract for the period of January 1, 2006 through December 31, 2006; and

Section 3. The attached agreement replaces in its entirety the agreement approved by the City Council on April 25, 2006.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 10th day of October 2006 by the following vote:

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