CITY COUNCIL: Resolution Extending Agreement with Monterey for Interim Fire Administration & Emergency Incident Management Services

Meeting Date: July 7, 2009
Prepared by: George Rawson, Public Safety Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.

Description: The City of Monterey has offered the City of Carmel-by-the-Sea an extension to the initial interim fire administration and emergency incident management (Duty Chief) services agreement through January 31, 2010. The initial agreement became effective on December 15, 2008 and expired on February 28, 2009. This agreement provided the City with the services previously rendered by the Pacific Grove Fire Department.

The initial agreement also allowed the City of Carmel-by-the-Sea time to evaluate the feasibility of a long-term contract with Monterey. On March 25, 2009, the City Council further reviewed this issue at a workshop where it received a staff report, heard public comment, and provided policy direction.

Overall Cost:
City Funds: FY 08-09: $11,250 per calendar month (current contract ending June 30, 2009)
FY 09-10: $13,500 per calendar month (beginning July 1, 2009)

The increase for the new contract is $2250.00 per month. Sufficient funds were appropriated in the adopted Fire Department FY 08-09 and FY 09-10 budget, Contractual Services (Account # 72053).

Staff Recommendation: Adopt the resolution.

Important Considerations: Refer to Exhibit “A” for details of the service agreement.

Decision Record: Resolution 2008-89, approving the initial agreement for interim Fire Administration and Emergency Incident Management.

Reviewed by:

_________________________________ ______________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA EXTENDING THE AGREEMENT WITH THE CITY OF MONTEREY TO PROVIDE INTERIM FIRE ADMINISTRATION AND
EMERGENCY INCIDENT MANAGEMENT SERVICES
_______________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea began contracting with the City of Monterey to receive interim Fire Administration and Emergency Incident Management (Duty Chief) Services on December 15, 2008; and

WHEREAS, the City of Monterey’s interim Fire Administration and Emergency Incident Management contract expired on February 28, 2009; and

WHEREAS, the City of Carmel-by-the-Sea desires continued assistance with administering the fire department, including Duty Chief services; and

WHEREAS, the City of Monterey has offered to extend the existing interim services agreement to January 31, 2010; and

WHEREAS, the City of Carmel-by-the-Sea will continue to compensate Monterey $11,250 per month to the end of June 30, 2009, and beginning July 1, 2009 the new monthly rate will be $13,500.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute an extension to the interim Fire Services Agreement with the City of Monterey as specified in Exhibit “A” attached hereto.

2. Authorize funds from fire department account #01-72053 (Contractual Services) to be used to pay the City of Monterey for services related to this agreement.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

EXHIBIT “A”
Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-By-The-Sea

The Agreement to Provide Interim Fire Administration and Emergency Incident Management Services between the Cities of Monterey and Carmel-by-the-Sea, entered into on December 31, 2008 (“Agreement”) by and between the CITY OF MONTEREY, a municipal corporation (hereinafter “Monterey”) and the CITY OF CARMEL-BY-THE-SEA, a municipal corporation (hereinafter “Carmel”), is hereby amended as follows:

ARTICLE I
TERM OF AGREEMENT
1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on January 31, 2010. The term of this Agreement may be further extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.

ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT
3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:
(a) Effective July 1, 2009, $13,500.00 per calendar month, prorated at $450.00 per day or any portion of a day, for services provided during any partial calendar month.
(b) Carmel agrees to remit to Monterey the monthly fee in arrears of services provided on or before the 15th day of each month. The initial monthly payment of $6,000.00 shall be due on or before January 15, 2009 for services provided from December 16, 2008 through December 31, 2008. Thereafter, monthly payments of $13,500.00 shall be due on or before the 15th of each calendar month.

* * * * * * * * * * * * * * *
This Amendment is authorized by Section 5.2 of the Agreement which permits amendment of the Agreement if mutual written consent of the signatory Parties is given. All remaining terms and conditions of the Agreement not specifically amended herein shall remain unchanged.

IN WITNESS WHEREOF, this Amendment is made and entered into this 1st day of July, 2009.

APPROVED AS TO FORM AND CONTENT:

By: _____________________
Don Freeman, City Attorney, City of Carmel-By-The-Sea

By:
Deborah Mall, City Attorney, City of Monterey

ADOPTED BY:
CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation
By: Date:
Rich Guillen, City Administrator

CITY OF MONTEREY, A Municipal Corporation
By: Date:
Fred Meurer, City Manager