CITY COUNCIL: Resolution Approving a Contract with the City of Monterey for Fire Services

Meeting Date: November 1, 2011
Prepared by: Jason Stilwell, City Administrator

City Council
Agenda Item Summary

Name: Consideration of a Resolution approving a contract with the City of Monterey for fire services.

Description: At its meeting of October 4, 2011 the City Council received a report on shared fire services with the City of Monterey and a draft shared services agreement with the City of Monterey for fire services. Council presented direction to staff, comments, thoughts and concerns. Staff of both cities have worked in the interim to incorporate those changes into the agreement included with this agenda item.

The material for this agenda item includes both a clean version of the proposed fire services agreement and a version that shows the changes from the draft version last reviewed by the City Council. In accordance with the comments and direction from the City Council on October 4, 2011 the changes focus on four policy areas:

• Leadership integration including clarification of the structure and the relationship between the Fire Department leadership and the City of Carmel-by-the-Sea;
• Ambulance Services and incorporation of those services into the City of Carmel-by-the-Sea organizational structure;
• Performance information including clarification of the services to be provided, metrics for measuring the frequency and types of services provided;
• Cost Sustainability including the ability to manage asset replacement and to have involvement in staffing cost issues.

Other changes were included in addition to those related to these policy areas. These are included throughout the document and highlighted as changes.

This agenda item includes attached information:
1. Resolution approving an Agreement to provide fire services between the cities of Monterey and Carmel-by-the-Sea including the agreement and its exhibits.
2. The proposed agreement highlighting changes made since the October 4, 2011 meeting of the City Council.
3. Agreement to provide interim ambulance administration services between the cities of Monterey and Carmel-by-the-Sea.
4. Memorandum of Understanding between the City of Monterey and the Monterey Firefighters Association including adopted side letter agreements.
5. Memorandum of Understanding between the City of Monterey and the Fire Management Association.

Fiscal Impact: The estimate for providing services for FY 2012-12 included in the contract is $1,715,721. The FY 2012-13 estimate for fire services included in the City’s budget is $2,190,531.

Staff Recommendation: Adopt the Resolution and attachments.

Reviewed by:

__________________________ _________________
Jason Stilwell, City Administrator Date


TO: MAYOR McCLOUD AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ADMINISTRATOR JASON STILWELL
SUBJECT: PROPOSED AGREEMENT FOR THE PROVISION OF FIRE SERVICES
DATE: NOVEMBER 1, 2011
______________________________________________________________________________
The purpose of this agenda item is to allow the City Council the opportunity to approve a
shared services agreement with the City of Monterey for fire services. This report
summarizes the process the Council pursued to this point and the significant changes to the
agreement attached for consideration from the agreement the Council reviewed in October.
During the September 13, 2011 City Council meeting, Council considered various options
for the provision of fire service in Carmel-by-the-Sea. After due deliberation, the Council
adopted a motion which provided that:
• A fire unit (engine) should be maintained 24/7 at the Carmel-by-the-Sea Fire Station;
• A minimum of three career fire fighters/EMTs should be available for emergency
response 24/7;
• The City should retain ownership of its buildings, engines, vehicles and other
equipment;
• Carmel Fire should be fully merged with Monterey Fire, and that staff prepare a draft
Agreement with the City of Monterey for Council consideration.
During the October 4, 2011 City Council meeting, Council received a report on a tentative
contract with the City of Monterey for fire services. That agenda item included a draft
agreement. Council discussed certain aspects of the draft agreement and staff of both cities
worked to incorporate the additions and changes.
The additions and changes focus on four policy areas as discussed by Council. Those areas
are:
• Leadership including clarification of the structure and the relationship between the
Fire Department leadership and the City of Carmel-by-the-Sea
• Ambulance Services and incorporation of those services into the City of Carmel-bythe-
Sea organizational structure
• Performance information including clarification of the services to be provided,
metrics for measuring the frequency and types of services provided
• Cost Sustainability including the ability to manage asset replacement and to have
involvement in staffing cost issues.
Other changes were included in addition to those related to these policy areas. These are
included throughout the document and highlighted as changes.
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Leadership integration. The proposed agreement includes certain provisions designed to
maintain the integration of the fire services with the City’s organizational and leadership
structure. Specific changes incorporated into this agreement include:
• Monterey agrees to receive and consider any input from the Carmel City
Administrator relative to the performance of the Fire Chief as it pertains specifically
to the provision of services pursuant to this Agreement, including the Fire Chief’s
responsiveness to the Carmel City Administrator and community on fire servicesrelated
issues or concerns (4.1(b)).
• Monterey agrees to solicit and consider input from the Carmel City Administrator
relative to the selection process for future Fire Chief(s). Such input shall include the
opportunity to review and provide comment on the Fire Chief Job Description, Fire
Chief recruitment announcement, and participation on an interview panel to provide
input on candidates (4.1(c)).
• Fire Chief’s or designated Chief Fire Officer representative’s prompt response to
requests by the Carmel City Administrator, attendance at Carmel Council meetings,
executive management meetings, community events, or other meetings or forums as
requested by the Carmel City Administrator (4.2(a)(viii)).
• Notification to the Carmel City Administrator or designee as soon as practical of any
significant emergency event or other event as defined by the Carmel City
Administrator (4.2(a)(ix)).
• In the event the Carmel Emergency Operations Center is activated pursuant to the
Carmel Emergency Operations Plan, Monterey will, to the extent possible, provide
fire department support to the Carmel Emergency Operations Center (EOC)
(4.2(c)(vii).
• This Agreement further enhances existing and future mutual aid and automatic aid
Agreements between Monterey, Carmel, and other Monterey Peninsula fire agencies
by providing consolidated fire administrative and management services, operational
continuity, better allocation and utilization of existing resources, and enhanced depth
of resources for both Cities. Combining the fire services of both Cities provides
operational economies of scale and administrative efficiencies that lead to stronger,
more effective fire services (4.2(d)(i)).
Ambulance Services. At its October 4, 2011 meeting the City Council adopted three
resolutions to start the process of moving the ambulance service provided by Carmel
Regional Fire Ambulance (CRFA) to the City of Carmel effective January 1, 2012. The
CRFA employees are to become City employees at that time. With a merger with
Monterey, the ambulance operation would become a division of the newly merged Fire
Department. So even though the ambulance employees will be City employees, operational
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oversight will be provided by the Monterey Fire Department, as is now the case. In terms of
service and operations, there would be no change in ambulance service and operations, even
with the Monterey merger and transfer of CRFA employees to the City.
During an initial six-month period of a Fire contract with Monterey beginning January 1,
2012, additional analysis will be conducted by Monterey, Carmel and CRFA staff regarding
the provision of ambulance service to the City. In the attached fire services agreement
Monterey has agreed to provide interim operational oversight to CRFA at no cost to Carmel
upon commencement of the fire service contract. After this initial period, Monterey will
administer the ambulance service based on directions given by Carmel-by-the-Sea through a
negotiated contract amendment or through an additional contract for service. Carmel-bythe-
Sea ambulance will continue the continuity of the pre-contract system and maintain the
current staffing level of two paramedic/firefighters, or one paramedic/firefighter and one
firefighter/EMT, per shift.
It is important that Carmel-by-the-Sea maintain formal continuity of direction and control
over the provision of ambulance service in order to preserve its “201” rights in providing
this service.
The attached proposed ambulance agreement is incorporated into the proposed fire services
agreement. One of the duties of Monterey as proposed in the fire service agreement is to
provide operational integration and coordination of Carmel fire ambulance services with
other fire services provided by Monterey to Carmel pursuant to the Agreement, and as also
described in the separate Agreement to Provide Interim Ambulance Administration Services
between the Cities of Monterey and Carmel (4.2(a)(vii)). For emergency medical response
“Monterey will provide fire resource response to all medical emergencies within Carmel in
conformance with the Monterey County Emergency Medical Services Agency policies and
protocols, and as an integrated and coordinated service with the Carmel fire ambulance”
(4.2(c)(iii)).
Performance. The proposed fire service agreement includes provisions describing the
services to be provided and performance measures to establish standards and expectations.
Changes to this version of the proposed agreement that highlight service level expectations
include the following:
• Fire service provided by Monterey is to coordinate the planning and development of
fire prevention and safety education programs for schools, businesses, community
associations, child-care providers and other members of the community (4.2(b)).
• Maintenance of sufficient, segregated records relating to provision of Fire Services to
Carmel, including but not limited to, response time data for all incident responses as
described in Section 4.2(c) of this Agreement. At a minimum, such records shall be
sufficient to meet any and all federal and state reporting obligations as they relate to
the provision of Fire Services, including but not limited to annual audits, mutual aid,
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and reimbursement for disaster response, hazardous material response or other
incident responses (4.2(a)(x)).
• Clarification of fire inspection services and performance indicators including “Fire
safety inspection of at least 20 percent of non-mandated or permitted business
occupancies within Carmel annually” (4.2(b)(iv).
• The addition of response time performance measures for both dispatch and alarm
notification. The contract incorporates national performance standards so the City
can compare its response performance to a national standard while recognizing the
City’s historic performance rate averaging less than three minutes. See 4.2(c)(i)(D).
In addition the proposed agreement calls for certain performance reporting stipulating
“Monterey will further provide a monthly response summary report to Carmel by the
15th day of the following month that reflects the average response time for all
incidents occurring within Carmel during the previous month as well as the
percentage of total responses meeting the national recommended response time
standard of 5 minutes or less within Carmel for the previous month. Response times
for specific incidents occurring within Carmel will be available upon request”
4.2(c)(i)(D).
• Monterey will further inspect residential and open-space parcels to the extent
permitted by law and recommend to the City Administrator appropriate
modification/abatement of vegetative fuels within Carmel to provide improved
defensible space relative to wildland fire. Any non-compliance with the provisions
of Title 8 of the Carmel Municipal Code relative to weed abatement or vegetative
fuels removal or modification shall be referred to the Carmel City Attorney for
enforcement 4.2(e)(i).
• Monterey will continue to provide annual testing of at least 10% of the public fire
hydrants within Carmel as authorized by the water system owner and the Monterey
Peninsula Water Management District (4.2(e)(vi)).
• Compliance with Cal/OSHA Regulations. Monterey shall ensure compliance with
California Division of Occupational Safety and Health (Cal/OSHA) regulations
relative to activities performed within environments requiring respiratory protective
equipment, such as interior firefighting operations (commonly referred to as “2-in/2-
out”) (4.2(e)(viii).
Fire safety inspections of all state-mandated occupancies and fire protection systems within
Carmel can be provided as well as the review of all development and building plans to
ensure compliance with all applicable fire and life safety codes. All fees collected through
this process will be retained by Carmel-by-the-Sea. There has been some interest, however,
in retaining the current consultant used to conduct fire inspections and to review building
plans from the fire code perspective. Monterey Fire is receptive to continuing the provision
of this service. In fact, Monterey uses the same consultant for some of this specialty work.
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The only stipulation is that the fire inspections and fire code reviews be coordinated with
Monterey Fire and under its supervision.
Cost Sustainability. The proposed cost of service on a fiscal year basis calculated by
Monterey and submitted earlier this year, was $1,720,396. After further refinement and
discussion, the 2011-12 estimate for Monterey Fire Service is $1,713,828. The cost for the
initial six month term, and the remainder of the 2011-12 fiscal year beginning January 1,
2012, is $873,179. The draft fiscal year 2012-13 fiscal estimate for the services to be
provided by the City of Monterey is $1,715,721 as described in Exhibit C of the proposed
fire services agreement.
• Asset costs. The structure of this agreement is that Carmel will retain the ownership
and maintenance expenses related to the capital assets and equipment. These assets
will be utilized by the fire department staff to provide fire protection services to the
residents of the City. The proposed agreement has certain clauses designed to enable
Carmel to maintain its ownership authority while sharing upkeep and replacement
responsibility with the City of Monterey. New to the agreement are the following
provisions designed to maintain cost sustainability of the assets used for the City’s
fire services:
• Any procurement made pursuant to this section shall be made with Carmel
funds and shall conform with Carmel procurement policies and procedures
(4.2(a)(vi).
• In the event that Monterey notifies Carmel of a condition requiring the
maintenance, repair, or replacement of any real property, buildings,
equipment, or apparatus described in Exhibit A of this Agreement, Carmel
shall reserve the right to have such need for maintenance, repair, or
replacement validated by an independent third party of its choice, at no cost to
Monterey, within a reasonable time period as mutually agreeable to the Parties
(4.3(a)(iv).
• Exhibit B shall be updated at least annually to include any new property
acquired since the previous version, and any property removed from service
since the previous version (9.4). This clause will assist the City in
maintaining control of property as well as planning for replacement costs.
• Labor costs. Fire protection is a labor intensive service. As such the cost of labor is
the primary cost of fire service operations. This agreement calls for the Carmel
firefighters to become City of Monterey employees with Carmel continuing to pay
personnel costs of those fire personnel serving Carmel. The City of Monterey has
two public safety labor bargaining units in the fire department, a fire fighters
association and a fire management association. The agreements (MOUs) reached
between these units and the City of Monterey are attached to this agenda item for
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review. These and subsequent agreements will stipulate certain conditions that will
affect Carmel’s future cost of providing fire services.
The proposed fire services agreement includes certain provisions that will enable
Carmel to be involved at the front end of issues that can impact labor costs. One
specific provision of the agreement reads:
• Monterey further agrees to meet and discuss Monterey labor relations issues
relating to this Agreement to the extent permitted by law (4.1(a))
Regarding Carmel-by-the-Sea and the Carmel firefighters, an agreement has been reached to
amend the current MOU. The term of the existing agreement would be extended from
January 1, 2011 to January 1, 2012. The 8.75% salary adjustment scheduled for January 1,
2011, would not be implemented if the City enters into an agreement with Monterey and
maintains the shared service for at least 24 months. This change to the firefighter MOU is
included as a separate agenda item on this November 1, 2011 agenda.
Conclusion. Staff of both cities have worked to incorporate changes requested by both the
City of Carmel and City of Monterey. The proposed agreement for the Council’s
consideration today includes more specificity and clarification of services to be provided
and the relationship between the two jurisdictions. The revisions are in accordance with the
direction staff received from the City Council at the October 4 meeting. Staff recommends
approval of the resolution entering into the agreement with Monterey for fire services and
the agreement to provide interim ambulance administration services.
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA APPROVING A CONTRACT WITH
THE CITY OF MONTEREY FOR FIRE SERVICES
____________________________________________________________________
WHEREAS, since December 2008, the City of Carmel-by-the-Sea has had an
Agreement with the City of Monterey to provide Interim Fire Administration and
Emergency Incident Management Services; and
WHEREAS, in accordance with Carmel Municipal Code Chapter 2.20, the City
Council of Carmel-by-the-Sea has determined the most effective method of providing fire
services is through a shared services model; and
WHEREAS, the City of Carmel-by-the-Sea desires to expand the scope of its current
Fire Services Agreement with Monterey to include full fire protection and related
emergency services within its jurisdiction; and
WHEREAS, this agreement is entered into pursuant to Government Code § 54981
and § 55632.
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 a contract with the City of Monterey
to include full fire protection and related emergency services within its
jurisdiction.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-
SEA this first day of November, 2011 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
______________________
SUE McCLOUD, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
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AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES
OF MONTEREY AND
CARMEL-BY-THE-SEA
THIS AGREEMENT, made and executed on November 16, 2011 by and between the CITY OF
MONTEREY, a municipal corporation, hereinafter referred to as "Monterey", and the CITY OF CARMEL-BYTHE-
SEA, a municipal corporation, hereinafter referred to as "Carmel" (collectively referred to as “the Parties”),
shall commence upon expiration of the existing Agreement to Provide Interim Fire Administration and
Emergency Incident Management Services between the Cities of Monterey and Carmel-by-the-Sea dated
December 3, 2008 and all amendments thereto, which is currently set to expire at 7:45 A.M. on January 1,
2012, and provides as follows:
RECITALS
WHEREAS, the City Council of Carmel has determined that the most effective method of providing the
fire services set forth in Chapter 2.20 of the Carmel Municipal Code is through a shared services model; and
WHEREAS, Carmel desires to expand the scope of its current Fire Services Agreement with Monterey
to include full fire protection and related emergency services within its jurisdiction; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to
the services to be provided to Carmel by Monterey; and
WHEREAS, this Agreement is entered into pursuant to Government Code § 54981 and § 55632.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual advantages to be derived there from, and in
consideration of the mutual covenants herein contained, it is agreed by and between the Parties hereto as
follows:
ARTICLE I
DEFINITIONS
1.1. Capital Improvements. “Capital Improvements” means and refers to structural repairs
and similar improvements which are the type of improvements which would be added to the tax “basis” if
the property were owned by a non-governmental entity.
1.2. Chief Fire Officer. “Chief Fire Officer” means and refers to employees of the Monterey
Fire Department with permanent appointment in the classification of Division Chief, Assistant Fire Chief, or
Fire Chief.
1.3. Code 3. “Code 3” means and refers to the emergency response of a fire apparatus utilizing
all warning equipment as authorized in Section 25252 et seq. of the California Vehicle Code.
1.4. Fire Chief. “Fire Chief” means and refers to the City of Monterey Fire Chief.
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1.5. Fire Services. “Fire Services” means and refers to those services described in Article IV
hereof.
1.6. Fiscal Year. “Fiscal Year” means and refers to the annual period commencing on July 1
and ending the following June 30.
1.7. Term. “Term” means and refers to any period of time during which Monterey is obligated to
provide services pursuant to this Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1. Initial Term. The initial Term of the provision of services under this Agreement shall be
from 7:45 a.m. on January 1, 2012 through 7:44 a.m. on June 30, 2016.
2.2. Automatic Renewal of Agreement for Five Year Terms. Upon the conclusion of the
initial Term and of each Term thereafter, this Agreement shall be automatically extended for additional five
(5) year Terms unless either Party gives the other Party written notice of its intent to allow this Agreement
to lapse pursuant to the provisions of Section 2.3 of this Agreement.
2.3. Written Notification of Intent to Allow Agreement to Lapse. If either Party does not
wish for this Agreement to be automatically extended for an additional Term pursuant to Section 2.2 of this
Agreement, that Party shall give the other Party written notice of its intent to allow the Agreement to lapse
no later than the June 30 immediately preceding the end of that Term of the Agreement. Written
notification of intent to allow the Agreement to lapse shall be in the form of a Resolution of the respective
Party’s City Council, and shall be delivered to the other Party’s City Manager or City Administrator pursuant
to Section 9.5 of this Agreement, with duplicate notification delivered to the Fire Chief.
2.4. Termination. Notwithstanding Section 2.1, Section 2.2, or Section 2.3 of this Agreement,
either Party may terminate this Agreement by providing twelve (12) months’ written notification to the other
Party, and the Term of this Agreement or any extension thereof shall be shortened accordingly. Written
notification of termination shall be in the form of a Resolution of the respective City Council, and shall be
delivered to the other Party’s City Manager or City Administrator pursuant to Section 9.5 of this Agreement,
with duplicate notification delivered to the Fire Chief.
2.5. Termination for Material Breach. Notwithstanding Sections 2.1 through 2.4 of this
Agreement, this Agreement may be terminated for material breach pursuant to the procedures set forth in
Section 6.1(e) and Section 6.2(e) of this Agreement.
ARTICLE III
FACILITIES AND EQUIPMENT
3.1. Title. Carmel shall retain title to all existing real property, buildings, equipment and
apparatus owned by Carmel and described in Exhibit A and Exhibit B of this Agreement.
3.2. Use of Real Property, Equipment and Apparatus. For the duration of this Agreement,
Carmel shall lease to Monterey all real property, buildings, equipment and apparatus described in Exhibit A
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to enable Monterey to provide services to Carmel pursuant to this Agreement as well as to provide local
mutual and automatic mutual aid, statewide master mutual aid and assistance by hire pursuant to the
California Fire Assistance Agreement. Carmel further authorizes Monterey to utilize any apparatus
described in Exhibit A outside the geographic boundaries of Carmel whenever deemed operationally
necessary by the Fire Chief or his or her designee. This Agreement shall serve as the lease instrument
without additional consideration.
(a). Upon termination of this Agreement pursuant to Section 2.3 or Section 2.4,
Monterey shall deliver to Carmel the real property, buildings, equipment and apparatus described in Exhibit
A of this Agreement, reasonable wear and tear excepted.
3.3. Maintenance and Replacement. Carmel shall bear all costs to maintain, repair, and/or
replace the real property, buildings, equipment and apparatus described in Exhibit A and Exhibit B, and
may create such reserves for depreciation as may be necessary and prudent for replacement of equipment
and apparatus; provided, however, that should an insurable event result in irreparable damage to any such
real property, buildings, equipment and apparatus, Carmel shall only bear the portion of the replacement
cost that exceeds the amount of any payment for said irreparable damage received under the insurance
coverage described in Section 8.3 of this Agreement. Carmel fire services budget shall contain line item
descriptions for maintenance and replacement of such items.
3.4. Repair. In the event that any real property, building, equipment and apparatus described
in Exhibit A and used or operated by Monterey for the provision of Fire Services pursuant to this Agreement
is damaged, Carmel shall bear the costs of repairing such real property, building, equipment and
apparatus; provided, however, that should an insurable event result in damage to any such real property,
buildings, equipment and apparatus, Carmel shall only bear the portion of the repair cost that exceeds the
amount of any payment for damage received under the insurance coverage described in Section 8.3 of this
Agreement.
3.5. Vehicles and Equipment Not Used to Provide Services. The vehicles and equipment
owned by Carmel and described in Exhibit B of this Agreement shall not be used by Monterey to provide
services pursuant to this Agreement, except that Carmel authorizes Monterey to operate or use any vehicle
and/or equipment described in Exhibit B as deemed operationally necessary by the Fire Chief or his/her
authorized designee.
ARTICLE IV
DUTIES OF MONTEREY UNDER THIS AGREEMENT
4.1. Scope of Services. Monterey shall provide Fire Services within the jurisdictional area of
Carmel as more specifically described in Section 4.2 of this Article. In providing such services, Monterey
shall administer the provisions of the Carmel Fire Code and other Carmel rules, regulations, policies and
procedures as applicable to this Agreement.
(a) Throughout the Term of this Agreement and at least annually or more frequently
as requested by either Party, Monterey agrees to meet and consult with Carmel relative to service levels,
fees for services, operational policies and/or procedures, and/or any other issue or concern relative to
Monterey’s implementation of the provisions of this Agreement. Monterey further agrees to meet and
discuss Monterey labor relations issues relating to this Agreement to the extent permitted by law
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(b) Throughout the Term of this Agreement, Monterey agrees to receive and consider
any input from the Carmel City Administrator relative to the performance of the Fire Chief as it pertains
specifically to the provision of services pursuant to this Agreement, including the Fire Chief’s
responsiveness to the Carmel City Administrator and community on fire services-related issues or
concerns.
(c) Throughout the Term of this Agreement, Monterey agrees to solicit and consider
input from the Carmel City Administrator relative to the selection process for future Fire Chief(s). Such input
shall include the opportunity to review and provide comment on the Fire Chief Job Description, Fire Chief
recruitment announcement, and participation on an interview panel to provide input on candidates.
4.2 Description of Fire Services to be provided by Monterey. Monterey’s duties to provide
Fire Services under this Agreement shall be as follows:
(a) Fire Department Administration. Monterey shall provide the following
administrative and support services necessary to maintain Fire Services within Carmel:
(i) Fire Services program planning and administration consistent with the
terms and conditions of this Agreement.
(ii) Development and administration of the annual Carmel fire services
budget.
(iii) Coordination and administration of Carmel Fire Services sub-departmentlevel
programs as authorized and funded within the Carmel fire services budget, as that budget may be
modified from year to year.
(iv) Delivery and documentation of all federal and state-mandated firefighter
training as well as provision of supplemental training as authorized and funded within the Carmel fire
services budget, as that budget may be modified from year to year.
(v) Provision of a Chief Fire Officer or qualified acting Chief Fire Officer, or if
no Chief Fire Officer is available, a Company Officer or qualified acting Company Officer, to assist with
emergency and disaster management within the Carmel Emergency Operations Center as requested by
the Carmel City Administrator or his or her designee.
(vi) Coordination of procurement of all operational supplies, services, and
equipment as necessary to provide the Fire Services outlined in this Agreement as funded within the
Carmel fire services budget, as that budget may be modified from year to year. Any procurement made
pursuant to this section shall be made with Carmel funds and shall conform with Carmel procurement
policies and procedures.
(vii) Operational integration and coordination of Carmel fire ambulance
services with other fire services provided by Monterey to Carmel pursuant to this Agreement, and as also
described in the separate Agreement to Provide Interim Ambulance Administration Services between the
Cities of Monterey and Carmel.
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(viii) Fire Chief’s or designated Chief Fire Officer representative’s prompt
response to requests by the Carmel City Administrator, attendance at Carmel Council meetings, executive
management meetings, community events, or other meetings or forums as requested by the Carmel City
Administrator.
(ix) Notification to the Carmel City Administrator or designee as soon as
practical of any significant emergency event or other event as defined by the Carmel City Administrator;
(x) Maintenance of sufficient, segregated records relating to provision of Fire
Services to Carmel, including but not limited to, response time data for all incident responses as described
in Section 4.2(c) of this Agreement. At a minimum, such records shall be sufficient to meet any and all
federal and state reporting obligations as they relate to the provision of Fire Services, including but not
limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material
response or other incident responses. Such records may be maintained in Monterey, and will be provided
to Carmel upon request or termination of this Agreement for any reason as described in Sections 2.4 or 2.5
of this Agreement.
(b) Fire Prevention Services.
(i) Review of all development and building plans submitted to Carmel to
ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of all
new fire protection and fire alarm systems for compliance with applicable codes and standards, and
inspection of previously installed fixed fire protection and alarm systems as recommended by applicable
National Fire Protection Association (NFPA) Standards. Carmel shall collect and retain any fees collected
for issuance of building permits.
(ii) Annual fire safety inspections of all state-mandated occupancies within
Carmel.
(iii) Issuance of operational permits and associated inspection of applicable
businesses within the City of Carmel as required in Appendix Chapter 1, Section 105.6 of the 2007
California Fire Code and as that Section may be amended in the future. Carmel shall collect and retain any
fees for said operational permits and inspections.
(iv) Fire safety inspection of at least 20 percent of non-mandated or permitted
business occupancies within Carmel annually.
(v) Monterey retains the right, and intends to utilize private contractor(s)
and/or subject matter experts to provide development and plan review, fire protection system plan review
and inspection, and/or fire safety inspection(s) within Carmel as deemed necessary by the Fire Chief or
his/her authorized representative. Carmel shall collect and retain any fees for such fire prevention services
provided within Carmel by such a contractor at the Fire Chief’s direction. (vi) Investigation of all fires
to establish origin and cause as well as coordination with the Carmel Police Department on any criminal
prosecution resulting from such investigations.
(c) Incident Response within the Incorporated Geographic Boundaries of Carmel.
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(i) General Service Criteria. The following criteria shall apply to all services
identified in Section 4.2(c)(ii)-(vii):
(A) Response Area. Monterey shall provide services identified in
Sections 4.2(c)(ii)-(vii) below to all areas within the incorporated geographic boundaries of Carmel.
(B) Chief Officer Coverage. Monterey shall provide a qualified Chief
Fire Officer, or acting Chief Fire Officer, to be immediately available for response and management of
emergency incidents as necessary to provide incident command and coordination functions within the
jurisdictional boundaries of Carmel, including the authority to commit expenditure of Carmel funds to
mitigate an emergency incident consistent with the ordinances, policies and procedures of Carmel.
In the event that this service is not immediately available because the on-duty Monterey Duty Chief Officer
is otherwise committed to another emergency incident, an administrative Chief Officer or off-duty
Operations Chief Officer shall be recalled and assigned to provide operational Duty Chief Officer coverage
as soon as possible.
(C) Fire Station Staffing.
(1) Monterey shall assign three (3) personnel, meeting
minimum federal and state-mandated training requirements for their respective classifications and
responsibilities, to the Carmel fire station to provide Fire Services pursuant to this Agreement each and
every day of the Term of this Agreement. Said staffing shall include one (1) Captain or qualified Acting
Captain, one (1) Engineer or qualified Acting Engineer, and one (1) Firefighter.
(2) Additional qualified fire personnel may be assigned to the
Carmel station as determined by the Fire Chief or designee to provide supplemental Fire Services or
staffing for special events, anticipated weather events, or other situations within the Carmel Fire Services
budget as that budget may be modified from year to year, and within operational capacity.
(D) Response Time and Reporting. Monterey recognizes and
acknowledges Carmel’s historic fire response performance averaging less than three (3) minutes for the
first arriving apparatus from time of notification by the dispatch center. This historic performance also
exceeds National Fire Protection Association (NFPA) recommended response performance standard of 5
minutes or less, 90% of the time for paid career fire departments. Because the daily minimum staffing of the
Carmel fire station will not change as outlined in Section 4.2(c)(i)(C), this Agreement enables Carmel to
maintain its historic emergency (Code 3) response times to incidents within Carmel, as well as
conformance with nationally recognized emergency incident response time performance standard of five (5)
minutes or less from time of receipt of alarm, 90% of the time.
Monterey will further provide a monthly response summary report to Carmel by the day of the following
month that reflects the average response time for all incidents occurring within Carmel during the previous
month as well as the percentage of total responses meeting the national recommended response standard
of 5 minutes or less within Carmel for the previous month. Response times for specific incidents occurring
within Carmel will be available upon request.
(E) Dispatch Service. Carmel shall be responsible for providing
emergency dispatch and communications services compatible with Monterey fire communications systems
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and equipment so that Monterey is able to perform the services under this Agreement. Such emergency
dispatch and communications services may be provided by an independent third-party provider as mutually
agreeable to the Parties.
(F) Carmel Fire Station Staffing Continuity. Monterey will assure that
all current Carmel employees will be assigned to the Carmel fire station for a period of not less than one (1)
year upon commencement of this Agreement before they are eligible to bid for assignment to another fire
station. During this one-year period, Monterey shall train all fire safety personnel to the unique response
characteristics (i.e., no street address) of Carmel.
(ii) Fire Suppression. Monterey will provide fire resource response to all
reported fires, suspected fires, and fire alarm activations within Carmel.
(iii) Emergency Medical Response. Monterey will provide fire resource
response to all medical emergencies within Carmel in conformance with the Monterey County Emergency
Medical Services Agency policies and protocols, and as an integrated and coordinated service with the
Carmel fire ambulance.
(iv) Rescue Services. Monterey will provide fire resource response to any
report of a trapped person, including persons unable to self-extricate from water Said rescue services shall
only be provided within the scope of training and experience of fire response personnel, Monterey Fire
Department policies and/or Standard Operating Guidelines, and available rescue equipment.
(v) Hazardous Materials Response. Monterey will provide fire resource
response to any reported hazardous substance spill or release.
(vi) Other Requests for Service. Monterey will provide fire resource response
to any other emergency or non-emergency request for service as received and dispatched by the Monterey
County Department of Emergency Communications.
(vii) Emergency Operations Center Support. In the event the Carmel
Emergency Operations Center is activated pursuant to the Carmel Emergency Operations Plan, Monterey
will, to the extent possible, provide fire department support to the Carmel Emergency Operations Center
(EOC). In the event of a multi-jurisdictional emergency or disaster, coordination of fire resources may be
performed from the Monterey Emergency Operations Center.
(d) Statewide Mutual Aid and Assistance by Hire. Monterey may respond to requests
for mutual aid or assistance-by-hire by other agencies within the State of California pursuant to the
California Statewide Master Mutual Aid Agreement or the California Fire Assistance Agreement, as
approved by the Fire Chief or his or her authorized designee. Monterey shall credit or reimburse Carmel
for any reimbursement(s) received by Monterey relating to use of personnel assigned to the Carmel station
and/or Carmel-owned apparatus described in Exhibit A for provision of mutual aid or assistance-by-hire,
except for any operating or incidental costs paid by Monterey.
(i) This Agreement further enhances existing and future mutual aid and
automatic mutual Agreements between Monterey, Carmel, and other Monterey Peninsula fire agencies by
providing consolidated fire administrative and management services, operational continuity, better
allocation and utilization of existing resources, and enhanced depth of resources for both Cities.
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Combining the fire services of both Cities provides operational economies of scale and administrative
efficiencies that lead to stronger, more effective fire services.
(e) Miscellaneous.
(i) Weed Abatement. Monterey will inspect properties within Carmel for
compliance with the provisions of Title 8 of the Carmel Municipal Code relating to Weed Abatement, and as
that Title may be amended in the future. Monterey will further inspect residential and open-space parcels
to the extent permitted by law and recommend to the City Administrator appropriate modification/abatement
of vegetative fuels within Carmel to provide improved defensible space relative to wildland fire. Any noncompliance
with the provisions of Title 8 of the Carmel Municipal Code relative to weed abatement or
vegetative fuels removal or modification shall be referred to the Carmel City Attorney for enforcement.
(ii) Fireworks. Monterey will enforce the provisions of Title 8 of the Carmel
Municipal Code relating to Fireworks, and as that Title may be amended in the future. Any non-compliance
with the provisions of Title 8 of the Carmel Municipal Code relative to fireworks shall be referred to the
Carmel City Attorney for enforcement.
(iii) Community Outreach and Education. Consistent with operational capacity
and the Carmel fire services budget as that budget may be modified from year to year, Monterey shall
coordinate the planning and development of fire prevention and safety education programs for schools,
businesses, community associations, child-care providers and other members of the community. Fire
prevention and life safety programs will be tailored to educate Carmel residents and business community in
order to help preserve life and property.
(iv) False Fire Alarms. Monterey will enforce the provisions of Title 8 of the
Carmel Municipal Code, relating to recovery of costs associated with responses to false fire alarms, and as
that Title may be amended in the future. Any non-compliance with the provisions of Title 8 of the Carmel
Municipal Code relative to false fire alarms shall be referred to the Carmel City Attorney for enforcement.
(v) Hazardous Materials Releases. Monterey will enforce the provisions of
Title 8 of the Carmel Municipal Code relating to recovery of costs associated with responses to releases of
hazardous materials, and as that Title may be amended in the future. Any non-compliance with the
provisions of Title 8 of the Carmel Municipal Code relative to the recovery of costs associated with the
City’s response to a hazardous substance release or spill shall be referred to the Carmel City Attorney for
enforcement.
(vi) Fire Hydrant Testing. Monterey shall continue to provide annual testing of
at least 10% of the public fire hydrants within Carmel as authorized by the water system owner and the
Monterey Peninsula Water Management District.
(vii) Compliance with Cal/OSHA Regulations. Monterey shall ensure
compliance with California Division of Occupational Safety and Health (Cal/OSHA) regulations relative to
activities performed within environments requiring respiratory protective equipment, such as interior
firefighting operations (commonly referred to as “2-in/2-out”).
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4.3. Inspection of Carmel-Owned Property and Notification of Necessary Maintenance
and Repairs. Monterey agrees to regularly inspect all real property, buildings, equipment and apparatus
described in Exhibit A to ensure they meet the appropriate and applicable fire services standards.
(a) In the event that any real property, buildings, equipment or apparatus described in
Exhibit A requires routine maintenance or is in a condition that presents an immediate or imminent threat to
employees or public health or safety, Monterey agrees to notify Carmel immediately of the existence of
such conditions.
(i) Monterey shall not use any equipment and apparatus requiring
maintenance or repair in the provision of Fire Services pursuant to this Agreement until such time as
Carmel has satisfactorily performed the necessary maintenance or repairs.
(ii) Monterey shall ensure that access to any real property or buildings
described in Exhibit A, which is in a condition that presents an immediate or imminent threat to employee or
public health or safety, is restricted so as to minimize the threat posed to employee or public health or
safety until said condition is remedied.
(iii) In the event that a condition gives rise to an immediate or imminent threat
to public or employee health or safety, the Parties agree that the Fire Chief, or his or her designee, shall
have the authority to take any actions necessary to preserve public or employee health or safety. Such
action may include prohibiting the occupancy or use of anything described in Exhibit A until the conditions
giving rise to the threat are remedied.
(iv) In the event that Monterey notifies Carmel of a condition requiring the
maintenance, repair, or replacement of any real property, buildings, equipment, or apparatus described in
Exhibit A of this Agreement, Carmel shall reserve the right to have such need for maintenance, repair, or
replacement validated by an independent third party of its choice, at no cost to Monterey, within a
reasonable time period as mutually agreeable to the Parties.
(b) Monterey shall inspect any maintenance and repairs performed pursuant to
Section 5.2 of this Agreement to ensure that such maintenance and repairs have occurred and that the real
property, buildings, equipment and apparatus so maintained or repaired meet the appropriate and
applicable fire services standards.
(c) In the event that any Capital Improvements authorized in the Carmel fire services
budget are performed on Carmel-owned real property or buildings described in Exhibit A, Carmel shall
coordinate the performance of such Capital Improvements with Monterey.
(d) In the event that Carmel determines, pursuant to Section 5.2(b) of this Agreement,
that maintenance or repair of any Carmel-owned apparatus or equipment described in Exhibit A will not be
sufficient to ensure that said apparatus or equipment meets applicable fire service standards, or in the
event of planned apparatus or equipment replacement, Carmel shall coordinate the procurement of any
such apparatus or equipment with Monterey as authorized in the Carmel fire services budget as that budget
may be modified from year to year.
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4.4. Budget Projections and Accounting of Actual Expenses. Monterey shall provide
Carmel with the budget projections and detailed accounts of actual expenses as further described in Article
VI of this Agreement.
ARTICLE V
DUTIES OF CARMEL UNDER THIS AGREEMENT
5.1. Payment for Fire Services. Carmel shall compensate Monterey for the provision of Fire
Services as further described in Article VI of this Agreement.
5.2. Maintenance and Repair of Equipment. Carmel agrees to maintain at its own cost all
real property, buildings, equipment and apparatus, as described in Exhibit A to this Agreement, in a safe,
habitable, and serviceable condition at all times.
(a) Upon notification by Monterey, Carmel shall, as soon as possible thereafter,
perform such routine maintenance or repairs necessary to ensure that any real property, buildings,
equipment and/or apparatus remain in a safe, habitable, and serviceable condition.
(b) In the event that it is not possible to repair any buildings, equipment and
apparatus sufficient to ensure that they are in a safe, habitable, and serviceable condition, Carmel shall
replace the equipment or apparatus in question.
(c) In the event that Carmel fails to respond in a timely manner to notification pursuant
to this section, Monterey may undertake the necessary maintenance, repair or replacement. Carmel
agrees to reimburse Monterey for any costs it so incurs, including applicable administrative expenses,
associated with any such maintenance, repair, or replacement.
(d) In the event that Carmel contracts or otherwise hires a third-party contractor to
perform any necessary maintenance, repair or replacement pursuant to this Article V, Carmel shall require
any such third-party contractor to have general liability insurance with minimum limits of $1,000,000 per
occurrence and $2,000,000 in the aggregate. Both Carmel and Monterey shall be named as additional insureds via
endorsement on any such coverage.
ARTICLE VI
FEES FOR SERVICES
6.1. Fees for Services. Carmel agrees to compensate Monterey for all services provided
pursuant to the terms and conditions of this Agreement.
(a) The period from January 1, 2012 through June 30, 2012 shall be the Initial Period.
For the Initial Period, Monterey shall provide Carmel with an Initial Period budget projection describing the
total anticipated costs of providing Fire Services during the Initial Period. The Initial Period budget
projection shall be in the form of, and shall use the same methodology as, the budget projection model
contained in Exhibit C. Monterey shall provide Carmel with the Initial Period budget projection no later than
November 16, 2011.
(b) No later than March 15, 2012, and no later than March 15 each year thereafter,
Monterey agrees to provide Carmel with a Fiscal Year budget projection describing the total anticipated
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costs of providing Fire Services for the next Fiscal Year. Such Fiscal Year budget projections shall be in
the same form of, and shall use the same methodology as, the budget projection model contained in Exhibit
C.
(c) Beginning on July 15 of every Fiscal Year, and on the first day of each month of
the Fiscal Year thereafter, Carmel agrees to remit to Monterey one twelfth (1/12) of the Fiscal Year budget
projection. Notwithstanding the foregoing, in the first fiscal year that Fire Services are provided pursuant to
this Agreement, the initial payment shall be due on the day of the first month that Monterey provides Fire
Services to Carmel, and the amount of the payments will be prorated based on the budget projection for the
partial year and the number of whole and partial months that service is provided to Carmel during the first
Fiscal Year.
(d) In the event that Carmel fails to pay the entire amount described in section 6.1(c)
within thirty (30) days of the due date, interest shall accrue to the unpaid balance at an annual equivalent
rate equal to the Prior Year Penalty Factor, determined from the date the payment was originally due. The
Prior Year Penalty Factor shall be the interest rate earned on Monterey’s entire investment portfolio for the
preceding Fiscal Year plus two percent (2%). For example, if the rate of return on Monterey’s entire
investment portfolio for the preceding Fiscal Year was four percent (4%) the Prior Year Penalty Factor will
be six percent (6%).
(e) Failure by Carmel to pay the amount(s) due pursuant to Section 6.1(c) plus the
interest due pursuant to Section 6.1(d) within three (3) months of the due date shall constitute a material
breach of this Agreement. Notwithstanding Article II of this Agreement, in the event of such material
breach, Monterey shall have the right to terminate this Agreement upon the provision to Carmel of three (3)
months written notice of said termination, and the Term of this Agreement or any extension thereof shall be
shortened accordingly. The termination shall not be effective if Carmel pays Monterey all amounts due
within thirty (30) days of such notice. Termination of this Agreement pursuant to this section shall not be
construed to limit the right of Monterey to obtain, by any means available at law, any monies due to it from
Carmel pursuant to this Agreement.
6.2. Accounting. No later than November 1 of each year, including the Initial Period of this
Agreement as defined in Section 6.1(a), Monterey shall provide Carmel with a detailed account of the
actual costs incurred by Monterey to provide Fire Services pursuant to this Agreement for the preceding
Fiscal Year. Said account shall also include the Service Year Factor, which shall be the interest rate
earned on Monterey’s entire investment portfolio for the Fiscal Year in which Monterey’s actual costs were
incurred.
(a) If the actual costs are greater than the Fiscal Year budget projection, Carmel shall,
no later than ninety (90) calendar days after receipt of the detailed account of actual costs, remit to
Monterey the difference between the Fiscal Year budget projection and the actual cost, plus interest on that
amount at an annual equivalent rate equal to the Service Year Factor, as determined from July 1 after the
end of the fiscal year to date of payment to Monterey. In the alternative, Carmel may elect to defer
payment of the difference or any portion thereof pursuant to the provisions of subsection 6.2(c) of this
Agreement.
(b) If the actual costs are less than the Fiscal Year budget projection, Monterey shall,
no later than ninety (90) calendar days after providing Carmel with the detailed account of actual costs,
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remit to Carmel the difference between the Fiscal Year budget projection and the actual cost, plus interest
on that amount at an annual equivalent rate equal to the Service Year Factor, as determined from July 1
after the end of the fiscal year to date of payment to Carmel. In the alternative, Monterey may elect to defer
payment of the difference or any portion thereof pursuant to the provisions of subsection 6.2(c) of this
Agreement.
(c) Any Party owing an outstanding amount to the other Party pursuant to section
6.2(a) or section 6.2(b) of this Agreement may elect to pay the outstanding amount on July 15 at the
beginning of the next Fiscal Year, at which time the indebted Party shall pay the amount outstanding plus
an amount equal to the amount outstanding multiplied by the Service Year Factor. For example: if the
amount outstanding is ten thousand dollars ($10,000), and the Service Year Factor is five percent (5%),
then the amount owed shall be ten thousand five hundred dollars ($10,500). Any indebted Party so
electing to make the outstanding payment on July 15 at the beginning of the next Fiscal Year shall deliver
written notice to the other Party informing it of its intent no later than the ninetieth () day after receipt of the
detailed account of actual costs.
(d) If the total payment described in section 6.2(c) of this Agreement is not made by
the end of that July, any amount outstanding shall accrue interest at an annual equivalent rate equal to the
Service Year Factor plus two percent (2%), calculated from the July due date.
(e) Failure by any indebted Party that has not given notice of its intent to postpone
payment of the outstanding amount pursuant to Section 6.2(c) to pay any amount owed pursuant to either
Section 6.2(a) or 6.2(b) within ninety (90) days after receipt of the detailed account of actual costs shall
constitute a material breach of this Agreement. In the event that an indebted Party has given notice of its
intent to postpone payment of the outstanding amount pursuant to Section 6.2(c), failure to make the
payment owed pursuant to either Section 6.2(a) or 6.2(b), plus the interest calculated thereon pursuant to
the provisions of Section 6.2(d), within ninety (90) days of the due date, shall constitute a material breach of
this Agreement. Notwithstanding Article II of this Agreement, in the event of such material breach, the nonbreaching
Party shall have the right to terminate this Agreement upon the provision to the breaching Party
of ninety (90) days’ notice of said termination, and the Term of this Agreement or any extension thereof
shall be shortened accordingly. Termination of this Agreement pursuant to this section shall not be
construed to limit the right of the non-breaching Party to obtain, by any means available at law, the amount
still owed by the breaching Party.
(f) At any time during the Term of this Agreement, the formulas, approaches, and
percentages described in Article 6 and in Exhibit C of this Agreement may be modified upon the mutual
written Agreement of the City Manager of Monterey and the City Administrator of Carmel.
(g) In the event that Monterey enters into a new Agreement to provide fire services to
an additional jurisdiction, or terminates an existing contract for the provision of fire services to another
jurisdiction, the City Manager of Monterey and the City Administrator of Carmel shall review the
percentages in Exhibit C.
6.3. Transferred Leave Bank. Carmel shall calculate the value of any unused and unpaid
leave time accrued by the Carmel employees hired by Monterey pursuant to Article VII of this Agreement
and transferred to Monterey at the time Monterey hires the employees. The value of such leave time shall
be calculated at the hourly rates Carmel would pay the employees on January 1, 2012 if they used the
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leave time while still employed by Carmel. The total value of the transferred leave times for said
employees hired by Monterey shall be the Leave Balance. During the Term of this Agreement, the value of
the Leave Balance shall be reduced by the amount Carmel pays Monterey each year to compensate
Monterey for direct expenses attributable to annual leave payoffs and termination leave payoffs, as those
terms are used in Exhibit C of this Agreement. Upon termination of this Agreement, Carmel shall pay to
Monterey the outstanding value of the Leave Balance, if any.
ARTICLE VII
PERSONNEL
7.1. Offers of Employment to Carmel Employees. Not later than December 1, 2011,
Monterey shall make conditional offers of employment to all persons employed full-time by Carmel as
“safety” employees in its Fire Department (“Current Employees”).
7.2. Class A Pre-Employment Medical Examination. During the period November 16, 2011
through December 15, 2011, Monterey will schedule, and all Current Employees receiving conditional
offers of employment shall submit to, a “Class A” pre-employment medical examination by a physician
retained by Monterey as provided by the forms attached hereto as Exhibit D. Monterey shall be
responsible for the costs associated with the Class A pre-employment medical examination.
7.3. Employment Commencing January 1, 2012. Current Employees who, based on the
Class A pre-employment medical examination, do not require accommodation to perform the essential
functions of the applicable classification, and who have executed a “Waiver and Consent to Transfer”
Carmel files to Monterey in the form attached as Exhibit E shall receive a final offer of employment on or
before December 16, 2011, to commence employment at 12:00 Midnight on January 1, 2012. The final
offer of employment for “safety” positions will be consistent with the position classifications, salaries and
other terms and conditions of employment provided in the Agreement attached hereto as Exhibit F.
7.4 Employment Commencing on or before February 1, 2012. If, based on the Class A
pre-employment medical examination, it is uncertain whether a Current Employee with a “disability” as
defined under the Americans with Disabilities Act (42 U.S.C. section 12111 et seq.) and/or the Fair
Employment and Housing Act (California Government Code section 12000 et seq.) can perform the
essential functions of the applicable classification with or without an accommodation, Monterey and such
Current Employee will, between November 16, 2011 and January 31, 2012 take the actions required by the
Americans with Disabilities Act and the Fair Employment and Housing Act to determine whether:
(a) A reasonable accommodation exists that would allow the Current Employee to
perform the essential functions of the applicable classification; and
(b) Such reasonable accommodation would not constitute an undue hardship to
Monterey or the Monterey Fire Department; and
(c) The Current Employee, even with a reasonable accommodation, could perform the
essential functions of the applicable classification in a manner that would not pose a direct threat to the
health or safety of the Current Employee or others.
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Any such Current Employee shall be required to provide consent to provide medical information and
engage in an interactive process with Monterey to the extent necessary for Monterey to determine the
answers to these three questions. If the answers to 7.4(a), 7.4(b) and 7.4(c) are all “yes,” and the Current
Employee has executed a “Waiver and Consent to Transfer” in the form attached as Exhibit E, such person
shall receive a final offer of employment from Monterey to commence on or before February 1, 2012 at 7:45
a.m., which will be consistent with the position classifications, salaries and other terms and conditions of
employment provided in the Agreement attached hereto as Exhibit F.
7.5 Persons Not Receiving Offer to Commence Employment on or Before February 1,
2012. Current Employees for whom the answer to 7.4(a) or 7.4(b) or 7.4(c) is “no” shall not receive a final
offer of employment from Monterey.
7.6 Employment Commencing on or before July 1, 2012. A Current Employee who does
not receive an offer of employment to commence on January 1, 2012, whether such person has a
“disability” or not, may receive an offer of employment to commence on or before July 1, 2012 at 7:45 a.m.
However, this offer shall be conditioned on the Current Employee having (a) been determined by a
physician retained by Monterey within the 30 days preceding the commencement date, which
commencement date shall be no later than 7:45 a.m. on July 1, 2012, to be able to perform the essential
job functions of the applicable classification without any accommodation(s) or, if found to have a “disability”
(as defined above), to be able to perform the essential job functions of the applicable classification with
accommodation, and without posing a threat to the health or safety of himself/herself or to others; and (b)
executed a “Waiver and Consent to Transfer” in the form attached as Exhibit E. If any such Current
Employee with a “disability” requires accommodation, the process described in Section 7.4 shall apply,
provided it shall not extend the commencement date beyond July 1, 2012. Such offer of employment will
be consistent with the position classifications, salaries and other terms and conditions of employment
provided in the Agreement attached hereto as Exhibit F. The additional examination required under this
paragraph shall be a “Class A” examination as provided by the forms attached hereto as Exhibit D, all costs
of which shall be paid for by the Current Employee.
ARTICLE VIII
INDEMNIFICATION AND INSURANCE
8.1 Mutual Indemnification.
(a) Each Party shall indemnify, defend and hold harmless the other Party, to the
extent allowed by law and in proportion to fault, against any and all third-party liability for claims, demands,
costs or judgments (direct, indirect, incidental or consequential) involving bodily injury, personal injury,
death, property damage or other costs and expenses (including reasonable attorneys’ fees, costs and
expenses) arising or resulting from the acts or omissions of its own officers, agents, employees or
representatives carried out pursuant to the obligations of this Agreement.
(b) Each Party shall protect, defend, indemnify and hold harmless the other Party
(including their officials, employees and agents as the same may be constituted now and from time to time
hereafter) from and against any and all liabilities, losses, damages, expenses or costs, whatsoever
(including reasonable attorneys’ fees, costs and expenses), which may arise against or be incurred by the
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other Party as a result of or in connection with any actual or alleged breach of this Agreement by either
Party.
(c) Monterey shall be solely responsible for all third-party liability, including third-party
property damage, caused by the negligence or wrongful acts of Monterey officers, officials, and employees
resulting from Monterey’s operation of Carmel vehicles and equipment, or resulting from maintenance
performed by Monterey pursuant to Section 5.2(c) of this Agreement.
(d) Except for any duties either Party owes to the other pursuant to the provisions of
this Agreement, nothing in this Agreement shall be construed to waive any legal protections or immunities
available to the Parties under state or federal law.
(e) Accordingly, the Parties hereby expressly agree to waive the pro rata risk
allocation contained in California Government Code Section 895.6.
8.2 Mutual Indemnification Obligations Survive Termination. As to activities occurring or
being carried out in performance of this Agreement and during the Term of this Agreement, the obligations
created by Section 8.1 shall survive termination of this Agreement.
8.3 Public Liability and Property Insurance.
(a) Each Party shall maintain in effect, at its own cost and expense, throughout the
Term of this Agreement and any extensions thereof, the following insurance coverage provided either
through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum limits of
$1,000,000 per occurrence and $2,000,000 in the aggregate.
(ii) Auto liability including owned, leased, non-owned, and hired automobiles,
with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(iii) If a Party employs others in the performance of this Agreement, that Party
shall maintain Workers’ Compensation in accordance with California Labor Code section 3700 with a
minimum of $1,000,000 per occurrence for employer’s liability, for the duration of time that such workers
are employed.
(iv) All risk property insurance, excluding earthquake and flood, on all
permanent property of an insurable nature in an amount sufficient to cover at least 100% of the
replacement costs of said property. In any event, Carmel shall maintain property insurance coverage for all
the real property, buildings, equipment and apparatus described in Exhibit A.
(b) All insurance required by this Agreement shall:
(i) Be placed (1) with companies admitted to transact insurance business in
the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current
A.M. Best rating of no less than A:VII; or (2) disclosed self-insurance with limits acceptable to the other
Party.
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(ii) Provide that each Party’s insurance is primary and non-contributing
insurance to any insurance or self insurance maintained by the other Party and that the insurance of the
other Party shall not be called upon to contribute to a loss covered by a Party’s insurance.
(c) Prior to January 1, 2012, each Party shall file certificates of insurance with the
other Party evidencing that the required insurance is in effect.
8.4 Workers’ Compensation Insurance.
8.5 Immunity Preservation. Nothing in this Agreement shall be read as waiving or limiting
any defense to claims of liability otherwise available to fire personnel, and/or public employees, such as the
defense of qualified immunity. Nothing in this Agreement shall be read as intending to create or creating a
higher duty of care on the part of either Carmel or Monterey, or their officers, than would otherwise exist
under existing law and the involved Party’s own policies, practices, and procedures.
ARTICLE IX
MISCELLANEOUS
9.1 Amendments to Agreement. No part of this Agreement shall be altered or amended
without written Agreement of the signatory Parties, except that the following sections of the Agreement may
be amended by mutual written Agreement of the City Manager of Monterey and the City Administrator of
Carmel:
(a) Section 4.2 – Duties of Monterey under this Agreement unless such amendment
results in a substantive change in scope of services;
(b) Sections 6.1 and 6.2 relative to methodology used to establish fees for services
and accounting procedures.
(c) Section 9.4 - Exhibits attached to and incorporated into this Agreement.
9.2 Assignment. The rights and obligations of the Parties under this Agreement are not
assignable and shall not be delegated without the prior written approval of the Parties.
9.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a
complete expression of all issues which may arise during the performance of the Agreement. Accordingly,
Monterey and Carmel agree to meet and confer in good faith over any issue not expressly described herein
to the end that Carmel will obtain the best Fire Services possible under the most favorable economic terms
and that Monterey will be fairly and adequately compensated for the services it provides hereunder.
It is the Parties’ intention to avoid the cost of litigation and to resolve any issues that may arise amicably if
possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the
other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved
after that meeting, the Parties agree to mediate the dispute within 30 calendar days of the meeting or as
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soon thereafter as possible. The mediator will be chosen by mutual Agreement of the Parties. The costs of
mediation will be borne by the Parties equally. No Party may initiate litigation prior to the conclusion of
mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its
actual costs and attorney fees pursuant to California Civil Code section 1717.
9.4 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth
herein:
Exhibit A: Carmel Facilities and Equipment Leased to Monterey. This Exhibit
shall be updated at least annually to include any new real property, buildings, equipment and apparatus
acquired since the previous version, and any real property, buildings, equipment, or apparatus no longer in
service and used to provide services pursuant to this Agreement.
Exhibit B: Carmel Fire Ambulance Property Not Leased to Monterey. This
Exhibit shall be updated at least annually to include any new property acquired since the previous version,
and any property removed from service since the previous version.
Exhibit C: Budget Projection Model
Exhibit D: Class A Pre-Employment Medical Examination Requirements
Exhibit E: Waiver and Consent to Transfer
Exhibit F: Agreement between the City of Carmel, the City of Monterey, the
Carmel Firefighters’ Association and the Monterey Firefighters’
Association
9.5 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if
delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at
the addresses set forth below or to such other address as may, from time to time, be designated in writing.
To Carmel: City Administrator
City Hall
Carmel-by-the-Sea, CA 93921
To Monterey: City Manager
Monterey City Hall
580 Pacific Street
Monterey, CA 93940
* * * * * * * * * * * * * * *
IN WITNESS WHEREOF, the Parties execute this Agreement hereto on the day and the year first
written above.
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Page 18 of 18
v7
APPROVED AS TO FORM:
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:
Jason Stilwell, City Administrator
CITY OF MONTEREY, A Municipal Corporation
By: Date:
Fred Cohn, Assistant City Manager
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Agreement Between City of Carmel-by-the-Sea and City of Monterey
Page 1
SECTION 8.4
WORKERS COMPENSATION INSURANCE
AGREEMENT BETWEEN CITY OF MONTEREY AND CITY OF CARMEL-BY-THE-SEA
RE: FIRE SERVICE CONTRACTING AND WORKERS’ COMPENSATION
THIS AGREEMENT is made and entered into this ____ day of ______________,
2011 by and between the City of Monterey (“COM”), a municipal corporation and the City of
Carmel-by-the-Sea (“CBTS”), a municipal corporation (collectively referred to as “the Parties”).
1. This is an agreement between the City of Monterey (“COM”) and the City of Carmel-bythe-
Sea (“CBS”) concerning workers’ compensation liability issues that may arise following the
contracting for fire service between CBTS and COM. This Agreement satisfies the requirement
of Article 8.4(b) of the Agreement to provide fire services between the Cities of Monterey and
Carmel-by-the-Sea.
2. It is the intent of COM and CBTS that both Parties assume their respective and
proportionate liability for workers’ compensation benefits as to existing and future injuries based
on substantial medical evidence fairly and openly obtained, not engage in conduct that is
designed to improperly transfer liability for workers’ compensation benefits as between COM
and CBS, and to reduce unnecessary litigation regarding the apportionment of liability as
between COM and CBS whenever possible.
3. COM and CBTS recognize that the California Labor Code imposes certain limitations on
the parties to a workers’ compensation claim with respect to conducting discovery, including
obtaining medical records, scheduling medical evaluations, and taking testimony by deposition.
COM and CBTS will communicate with each other as to the need for the scope of such
discovery and whenever possible, seek to reach an agreement regarding such discovery in order
to fully protect their respective interests and reduce unnecessary litigation.
4. CBTS currently has Fire Department employees with open workers’ compensation claims
for which CBTS has accepted liability and is providing benefits. CBTS acknowledges the
concern of COM that CBTS will offer to settle these claims by Compromise and Release,
thereby releasing CBS from any and all liability for further benefits and potentially shifting
liability for further benefits to COM. The Parties agree that any Compromise and Release
settlement after (DATE) concerning any employee of CBTS affected by this agreement will be
governed by the provisions of this agreement.
5. To address this concern, CBTS and COM agree that CBTS will not settle by Compromise
and Release these existing claims for workers’ compensation benefits unless five years from the
date of injury has expired and the liability of CBTS for Labor Code §4850 temporary disability
and permanent disability benefits is adjudicated, final and binding on CBS and the employee.
CBTS and COM further agree that if CBTS and/or the employee desire to settle an existing
future medical award once the five years have expired, CBTS will notify COM of the proposed
77
Agreement Between City of Carmel-by-the-Sea and City of Monterey
Page 2
settlement and provide the evidentiary basis for the settlement. Should a claim be filed by the
employee against COM for the same body part, CBTS agrees that the issue of contribution for
future medical exposure between COM and CBTS is not closed by the Order Approving
Compromise and Release. In those cases where no prior Award exists between CBTS and the
employee, CBTS warrants it will use best efforts to establish a level of permanent disability
based upon the medical evidence in existence at the time of settlement. The Parties contemplate
the possibility that additional money would be paid by CBTS to COM over and above the
consideration paid to the applicant in the Compromise and Release to compensate COM for
potential future payments on behalf of the employee. If CBTS chooses not to settle future
medical with the employee, the Parties agree to coordinate benefits should a claim be filed for
the same body part against COM. The Parties shall follow the following procedure to resolve
any contribution issue for workers’ compensation benefits. It is the intent of this agreement to
provide fair apportionment of liability between the two cities so that there is no improper transfer
of liability for workers’ compensation benefits by CBTS to COM with a Compromise and
Release:
a. If CBTS settled its claim based on an Agreed Medical Evaluator (“AME”) or
Panel Qualified Medical Evaluator (“PQME”) report and the same body parts are involved,
COM and CBTS agree to return to the same AME or PQME and will seek agreement with
employee’s attorney. The cost of the evaluation shall be borne by CBTS and COM equally.
b. If the AME or PQME is not available due to death, retirement or no longer doing
workers’ compensation evaluations, COM and CBTS will seek agreement with employee’s
attorney for a new AME. The cost of the evaluation shall be borne by CBTS and COM equally.
c. If Parties cannot agree on AME, Parties will follow Labor Code procedure for
obtaining QME. The cost of the evaluation shall be borne by CBTS and COM equally.
d. If employee is not represented by attorney, Parties will return to PQME if
available. If new PQME is required, COM and CBTS will notify the other party as to the PQME
selected and the information being provided to the Qualified Medical Evaluator (“QME”), with
input from both Parities as to the evaluation process. The cost of the evaluation shall be borne
by CBS and COM equally.
e. If either or both COM or CBTS reasonably believes that its interest could not be
fairly evaluated and protected by pursuing this procedure, they will notify the other party in
writing of their objection to following the above procedure. If a medical legal exam is not
possible, then the Parties agree to mutually choose a non-examining QME to resolve the
apportionment dispute. The cost of the non-examining QME shall be borne solely by the
objecting party.
6. If a CBTS Fire Department employee with an existing claim sustains a new injury with
COM that involves the same body part and medical treatment is required, COM and CBTS will
seek to reach agreement apportioning liability for medical treatment as between COM and CBTS
based on existing medical reports obtained by both COM and CBTS so that COM and CBTS
continue to pay only their proportionate share of medical treatment. Any settlement with the
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Agreement Between City of Carmel-by-the-Sea and City of Monterey
Page 3
employee shall include this agreement and both CBTS and COM will be a signatory to the
settlement. If CBS chooses not to settle future medical with the employee, the Parties agree to
coordinate benefits should a claim be filed for the same body part against COM.
7. Both COM and CBTS recognize that the Labor Code’s limitations on medical evaluations
may impact the ability of COM and CBTS to pursue a mutually agreed upon procedure for
resolving apportionment of liability issues if an employee with an existing claim against CBTS
files a new specific or cumulative injury claim against COM, a cumulative claim that overlaps
COM and CBTS employment, or a new claim against COM and a Petition to Reopen the CBTS
claim. Nevertheless, COM and CBTS agree to pursue the following procedure to resolve the
claims and fairly apportion liability as between COM and CBTS:
a. If CBS settles its claim based on an AME or PQME report and the same body
parts are involved, COM and CBTS agree to return to the same AME or PQME and will seek
agreement with employee’s attorney. The cost of the evaluation shall be borne by CBTS and
COM equally.
b. If the AME or PQME is not available due to death, retirement or no longer doing
workers’ compensation evaluations, COM and CBTS will seek agreement with employee’s
attorney for a new AME. The cost of the evaluation shall be borne by CBTS and COM equally.
c. If Parties cannot agree on AME, Parties will follow Labor Code procedure for
obtaining QME. The cost of the evaluation shall be borne by CBTS and COM equally.
d. If employee is not represented by attorney, Parties will return to PQME if
available. If new QME Panel is required, COM and CBTS will notify the other party as to the
PQME selected and the information being provided the QME, with input from both Parties as to
the evaluation process. The cost of the evaluation shall be borne by CBTS and COM equally.
e. If either or both COM or CBTS reasonably believes that its interest could not be
fairly evaluated and protected by pursuing this procedure, they will notify the other party in
writing of their objection to following the above procedure. If a medical legal exam is not
possible, then the Parties agree to mutually choose a non-examining QME to resolve the
apportionment dispute. The cost of the non-examining QME shall be borne solely by the
objecting party.
8. COM and CBTS acknowledge that delay in the provision of benefits, irrespective of the
reason, may subject the party causing the delay to the imposition of penalties in accordance with
Labor Code. COM and CBS agree that liability for such penalties shall be the sole obligation of
the party causing the delay. There is no joint and several liability as between COM and CBTS
for such penalties.
9. COM and CBTS agree to waive the statutory time frame for filing a request for
contribution and/or reimbursement. A formal Petition for Contribution/Reimbursement need not
be filed in order to pursue contribution/reimbursement as between the Parties. If the Parties
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Agreement Between City of Carmel-by-the-Sea and City of Monterey
Page 4
cannot reach an agreement as to contribution/reimbursement, the issue will be submitted to an
arbitrator in accordance with the procedures set forth in the Labor Code.
10. COM and CBTS cannot foresee every issue or contingency that may arise in the course
of a workers’ compensation claim and that this agreement may be deemed inadequate or legally
insufficient to resolve every future issue. However, it is the intent of the COM and CBTS to
resolve the issues that do arise within the framework of this agreement whenever possible and
where not possible, within the spirit of this agreement. The Parties agree to meet and confer to
resolve differences. If that fails to resolve the dispute, the Parties agree to submit to arbitration
on contract interpretation following the practices and procedures of the American Arbitration
Association.
11. The Parties understand that existing claims with CBTS may require the payment of
temporary total disability/Labor Code §4850 to the claimant. Nothing in this agreement
extinguishes the ongoing liability of CBS for payment of those benefits. If any existing claim
involves lost time, CBS will continue to pay the temporary total disability/Labor Code §4850
consistent with the provisions of the Labor Code. Unless a new injury results during COM
employment, CBS will continue to have the temporary total disability/Labor Code §4850
responsibility on those existing claims.
****************************************
IN WITNESS WHEREOF, the Parties execute this agreement hereto on the day and the year first
written above.
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:
Jason Stilwell, City Administrator
CITY OF MONTEREY, A Municipal Corporation
By: Date:
Fred Meurer, City Manager

Exhibit F
AGREEMENT BETWEEN THE
CITY OF CARMEL-BY-THE-SEA, THE CITY OF MONTEREY,
THE CARMEL PROFESSIONAL FIREFIGHTERS’ ASSOCIATION AND THE MONTEREY
FIREFIGHTERS ASSOCIATION
This Agreement is dated for identification this 7th day of December, 2011 and is entered into between the
City of Carmel-by-the-Sea, a municipal corporation (“Carmel”), the City of Monterey, a municipal
corporation (“Monterey”), the Carmel Professional Firefighters Association (“Carmel Association”) and the
Monterey Firefighters Association, International Association of Fire Fighters, Local 3707 (“MFFA”)
(collectively referred to as “The Parties”).
RECITALS
A. Fire and related emergency response services within Carmel have been provided by Carmel
through its Fire Department and Carmel Regional Fire Ambulance (CRFA).
B. Carmel has determined to provide fire services within its jurisdictional boundaries as of
January 1, 2012 by contracting with Monterey. Monterey has indicated its ability and desire to provide such
services to Carmel.
C. Carmel and Monterey are parties to a separate Agreement entitled “Agreement to Provide Fire
Services between the Cities of Monterey and Carmel-by-the-Sea” (“Master Agreement”). Pursuant to the
Master Agreement, Monterey will provide fire services within the jurisdictional limits of Carmel, commencing
January 1, 2012.
D. Carmel desires to provide continuity of fire response services within its geographical
boundaries and, to that end, upon cessation of fire services by its Fire Department, Monterey has agreed in
the Master Agreement to offer employment to current full-time Carmel Fire “safety” employees described in
Recital F.
E. Carmel Association is the exclusively recognized bargaining agent for the employees of
Carmel in the classifications of Fire Captain, Fire Engineer and Firefighter.
F. Those current full-time Carmel “safety” employees in the classifications of Fire Captain, Fire
Engineer and Firefighter to whom Monterey has agreed in the Master Agreement to offer employment are
referred to herein as “Carmel Employees.”
G. Monterey is party to a Memorandum of Understanding with MFFA for the period January 1,
2007 to December 31, 2012 which is applicable to Monterey’s classifications of Fire Fighter, Fire Engineer,
Fire Captain and Deputy Fire Marshal (“MFFA MOU”).
H. In order to provide for a smooth transition of fire services for its residents, Carmel desires and
Monterey has agreed in the Master Agreement to offer employment to Carmel Employees but, because
there are certain differences in wages, hours and terms and conditions of employment between those
provided by Carmel and those that Monterey will provide to persons who will be hired into classifications
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Exhibit F
Page 2 of 11 20 OCT 2011
covered by the MFFA MOU, Monterey has agreed to make certain changes to otherwise applicable wages,
hours and terms and conditions of employment.
I. The purpose of this Agreement is to set forth the terms and conditions of employment that
Monterey shall provide to Carmel Employees which are different than the terms and conditions of
employment that would otherwise be applicable to such employees as Monterey employees subject to the
MFFA MOU and any future memoranda of understanding or Monterey rules.
AGREEMENT
Section 1. Recitals
The foregoing Recitals are true and correct and are made a part hereof.
Section 2. Offer of Employment
Monterey shall offer employment to Carmel Employees. Exhibit A includes a list of those Carmel
Employees in the classifications of Fire Captain, Fire Engineer and Firefighter who will be offered
employment by Monterey, provided they meet the requirements of Article VII of the Master Agreement,
which requires a pre-employment medical examination. The offers of employment shall be for the
classifications shown on Exhibit A. Such offers shall otherwise be as provided in the Master Agreement.
Section 3. MFFA MOU
Carmel Employees will be subject to the provisions of the MFFA MOU once they become Monterey
employees, except as such MOU is modified or superseded in the future or as otherwise set forth in Exhibit
B. The Parties agree that, upon approval, this Agreement shall be considered an exhibit to the MFFA
MOU.
Section 4. Transfer of Files
All Personnel Files, Medical Files and Training Files maintained by Carmel for the Carmel Employees will
be transferred by Carmel to Monterey no later than January 15, 2012. Monterey shall be under no
obligation to offer employment to any Carmel Employee until such person has signed a Waiver and
Consent to transfer of such files to Monterey.
Section 5. Further Action.
Carmel, Monterey and Carmel Association agree to take any further actions that may be necessary to
implement the provisions of this Agreement. Said action may include referral to the Monterey-MFFA Labor
Management Committee of any issues or concerns relating to the operational impacts of the Master
Agreement.
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Exhibit F
Page 3 of 11 20 OCT 2011
Section 6. Effective Date.
This agreement shall be effective when signed by all parties.
Section 7. Attachments.
The following exhibits are attached hereto and made a part hereof:
Attachment A: List of Carmel Employees Represented by Carmel Association
Attachment B: Terms and Conditions of Employment Applicable to Carmel Employees as
Monterey Employees
APPROVED AS TO FORM AND CONTENT:
By: ______________________________
Donald Freeman, City Attorney, City of Carmel
By: ______________________________
Deborah Mall, City Attorney, City of Monterey
ADOPTED BY:
CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation
By: ______________________________ Date: _______________________
Jason Stilwell, City Administrator
CITY OF MONTEREY, A Municipal Corporation
By: ___________________________________ Date: _______________________
Fred Cohn, Assistant City Manager
CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION
By: ___________________________________ Date: _______________________
Its: ___________________________________
128
Exhibit F
Page 4 of 11 20 OCT 2011
MONTEREY FIREFIGHTERS ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 3707
By: ___________________________________ Date: _______________________
Its: ___________________________________
129
Exhibit F
Page 5 of 11 20 OCT 2011
ATTACHMENT A
CARMEL EMPLOYEES REPRESENTED BY
CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION
Name Current Carmel Rank New Monterey Rank Monterey Step
Mitch Kastros Fire Captain Fire Captain 4
Bruce Meyer Fire Captain Fire Captain 4
Ian Watts Fire Captain Fire Captain 5
August Beacham Fire Engineer Fire Engineer 5
Matt Gardner Fire Engineer Fire Engineer 4
Ken Hutchinson Fire Engineer Fire Engineer 4
Brian Harrington Fire Fighter Fire Fighter 2
David Meurer Fire Fighter Fire Fighter 2
Graham Evans Fire Fighter Fire Fighter 1
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Exhibit F
Page 6 of 11 20 OCT 2011
ATTACHMENT B
A. Salary Ranges for Carmel Employees
1. Upon commencement of employment with Monterey, Carmel Employees will be
placed in the Monterey salary range for their classification, as shown on Exhibit
A, at the lowest step that will prevent them from receiving a pay reduction. This
salary range comparison shall be based on Base Salary, EMT Pay, Education
Incentive Pay, and Uniform Allowance received by employees of both Carmel
and Monterey as of December 1, 2011. If placing Carmel Employees at the top
step of their Monterey classification’s salary range would result in a reduction in
their total pay (counting Monterey Base Salary, EMT Pay, Education Incentive
Pay, and Uniform Allowance), they will be Y-Rated until that rate of total pay
received by the employee exceeds the amount they were receiving as an
employee of Carmel.
B. Carmel Years of Service and Time Off Banks:
1. Years of continuous full-time service in the Carmel Fire Department as a
Firefighter, Fire Engineer, or Fire Captain may or may not be counted as years of
service in Monterey, in accordance with the following:
(a) Years of service in Carmel shall not be counted as years of service in
Monterey for the following purposes:
• Establishing seniority for layoff. However, years of service in Carmel shall
be considered in breaking ties among Carmel Employees who otherwise
have identical seniority in Monterey based on their identical Monterey hire
dates for purposes of establishing seniority for layoff.
• Establishing eligibility as “grandparented” into not being covered by MFFA
MOU Section 6.6 (Sick Leave/ Industrial Disability Retirement) which
applies to employees hired on or after 3/1/00.
• Calculating eligibility for longevity pay (MFFA MOU Section 12.6).
(b) Years of service in Carmel shall be counted as years of service in Monterey
for the following purposes:
• Establishing vacation accrual rates (MFFA MOU Section 5.1).
• Meeting the minimum years of service requirement for employees retiring
with a regular, non-disability retirement to cash out up to a specified % of
their unused accumulated sick leave (MFFA MOU Section 6.7).
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Exhibit F
Page 7 of 11 20 OCT 2011
• Meeting the minimum years of service requirement for employees to
receive the City-funded Retirement Health Savings Plan amount upon
separation or retirement from Monterey (MFFA MOU Section 11.3). This
shall not be interpreted to require Monterey to contribute funds for the
period of employment in Carmel.
• Meeting the minimum years of service requirement for employees to
receive the highest level of benefits in the dental insurance program.
• Establishing eligibility as “grandparented” into the Grandparented
Educational Incentive Pay Program, which is limited to employees hired by
Monterey prior to October 1, 1990 (MFFA MOU Section 12.3.1).
2. Upon commencement of employment with Monterey, Carmel Employees shall
retain their unused accumulated sick leave, vacation, and compensatory time off
balances, provided such balances do not exceed the maximum vacation or
compensatory time off balances allowed by Monterey (Monterey City Code
Section 25-12.01 e. and MFFA MOU Section 4.3). Any vacation or
compensatory time off balances in excess of the maximums allowed by Monterey
will be paid by Carmel to such Carmel Employees when their employment with
Carmel ends at their rates of pay in effect on such date.
C. Other Issues:
1. Probation Periods. Carmel Employees who have completed probation in
Carmel in a classification with duties comparable to their Monterey classification
will not be required to serve a probationary period in Monterey. Any Carmel
Employees who have not completed the probationary period in Carmel in a
classification with duties comparable to their Monterey classification will be
required to serve a complete probationary period in their Monterey classification.
2. Station Bidding. Through December 31, 2012, Carmel Employees will be
assigned to the Carmel station under Monterey Fire Department Station Bidding
and Assignment Policy 124.104. Beginning with the calendar year 2013
shift/station assignments, Carmel station assignments shall be determined
according to Monterey Fire Department Policy 124.104, with Carmel Employees’
years of service with Carmel included as a factor in determining their seniority
pursuant to the shift/station bidding procedures outlined in Policy 124.104.
3. Vacation Bidding. Notwithstanding Section 6-3.3 of Monterey Fire Department
Policy Number 123.103, Carmel Employees will be integrated into the Monterey
vacation selection process as follows:
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Exhibit F
Page 8 of 11 20 OCT 2011
Prior to the Monterey vacation selection process for calendar year 2012, (a) one
Carmel Employee will be placed into the middle of the first group that selects
vacations for 2012; (b) one Carmel Employee will be placed into the middle of the
second group that selects vacations for 2012; and (c) one Carmel Employee will
be placed into the middle of the third group that selects vacations for 2012.
Prior to October 15, 2011, Carmel Association will notify MFFA and Monterey the
order of the placement of Carmel Employees into the three groups.
4. Nepotism Policy. Any potential violations of Monterey’s Nepotism Policy (City
Code Section 25-3.08) created by the transfer of Carmel Employees to the
Monterey Fire Department will be treated as exceptions to the Nepotism policy.
Related employees affected by this exception will be regularly assigned to
different divisions, shifts, or stations; however this shall not preclude related
employees from working in the same division or shift as long as it does not create
a permanent direct or indirect supervisory relationship. This provision shall not
preclude related employees from working on the same division, shift, or station
on an overtime, shift trade, or emergency basis to meet operational need as
determined by the duty Division Chief.
5. Physical Exam Prior to Employment by Monterey.
Carmel Association acknowledges that the Carmel Employees will be required to
submit to a Class A physical examination conducted by a physician retained by
Monterey, and be found to be able to perform the essential functions of the
applicable classification, and to have signed a Waiver and Consent to Transfer
files, all as provided in Article VII of the Master Agreement, prior to receiving an
unconditional offer of employment from Monterey. The Parties hereby
incorporate the provisions of Article VII of the Master Agreement into this
Agreement and agree to the provisions of Article VII.
Carmel and Carmel Association acknowledge that one or more Carmel
Employees may not receive an unconditional offer of employment to commence
work with Monterey on January 1, 2012 due to (a) injury or illness arising out of
and in the course and scope of Carmel employment; (b) physical injuries or
illnesses that do not arise out of and in the course and scope of Carmel
employment; or (c) physical condition.
The following shall apply in the event that any Carmel Employees may not
receive an unconditional offer of employment to commence work with Monterey
on January 1, 2012 due to (a) injury or illness arising out of and in the course and
scope of duties; (b) physical injuries or illnesses that do not arise out of and in
the course and scope of duties; or (c) physical condition:
a. If the failure to receive such an offer is because the Carmel Employee is
disabled, whether temporarily or permanently, by injury or illness arising
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Exhibit F
Page 9 of 11 20 OCT 2011
out of and in the course and scope of his duties, they shall be entitled to a
leave of absence while so disabled without loss of salary in lieu of
temporary disability payments for the period of the disability, but not
exceeding one year, or until they are retired on permanent disability
retirement, all as provided in Labor Code section 4850, unless such
person receives an unconditional offer of employment to commence work
with Monterey prior to July 1, 2012.
b. If the failure to receive such an offer is due to physical injuries or illnesses
or physical condition that do not arise out of and in the course and scope
of the Carmel Employee’s duties, such employee has the right to be
examined a second time by a physician retained by Monterey, as provided
in Article VII of the Master Agreement. Each such person will remain an
employee of Carmel until they either commence employment with
Monterey or July 1, 2012, whichever occurs first. Following the
commencement of fire services by Monterey, each such employee can
use any accrued vacation and sick leave and once such paid time is
exhausted, Carmel will place such employee(s) on unpaid leave. Such
employee(s) will continue to receive all benefits as long as they are
employed by Carmel.
6. Promotional Recruitments. Any Carmel Employee hired by Monterey shall
have the right to compete in any Monterey promotional recruitment process for
which he/she meets the minimum qualifications.
7. Transfer of Personnel, Medical and Training Files. Carmel Association
acknowledges that Carmel Employees will be required to sign a “Waiver and
Consent to Transfer” Carmel personnel, medical and training files in the form
attached as Exhibit E to the Master Agreement. No Carmel Employee will
receive an unconditional offer of employment from Monterey until he has signed
the “Waiver and Consent to Transfer.” The Parties hereby incorporate the
provisions of said Exhibit E into this Agreement.
8. Leave Accruals for January 2012. Carmel Employees who commence
employment with Monterey on January 1, 2012 will receive full Monterey leave
accruals for the month of January 2012, with the holiday accrual paid in cash in
lieu of the accrual of time off for that month.
9. Layoffs.
a) Monterey guarantees that no Carmel Employees who had passed their
probationary period with Carmel prior to being hired by Monterey shall be
laid off from Monterey during the term of the Master Agreement or any
extensions of it. This provision, a similar provision in Section C.2. of
Exhibit B to the Agreement between the Cities of Pacific Grove and
Monterey and the Firefighters’ Associations of Pacific Grove and
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Exhibit F
Page 10 of 11 20 OCT 2011
Monterey, and the City’s Layoff Policy (in Section 25-13.03 of the
Monterey City Code) shall be implemented as described in subsection
10.(b) below.
This provision shall not be interpreted to prevent Monterey from
terminating a Carmel Employee through the Monterey disciplinary
process.
b) In implementing any potential layoffs affecting employees represented by
MFFA during the term of the Carmel Master Agreement or any extensions
of it, the City’s Layoff Policy in Section 25-13.03 of the Monterey City
Code shall be implemented as follows.
The employees represented by MFFA will be placed in one of three
groups: (1) Group 1 shall consist of all employees who were employed by
Monterey in a position represented by MFFA as of December 15, 2008
and all employees who were employed by Monterey pursuant to the
Agreement to Provide Fire Services Between the Cities of Monterey and
Pacific Grove; (2) Group 2 shall consist of all employees who were
employed by Monterey pursuant to the Agreement to Provide Fire
Services Between the Cities of Monterey and Carmel-by-the-Sea who had
passed their probationary period as employees of Carmel-by-the-Sea prior
to being hired by Monterey; and (3) Group 3 shall consist of all employees
hired by Monterey following the date Monterey begins providing fire
services pursuant to the Agreement to Provide Fire Services Between the
Cities of Monterey and Carmel-by-the-Sea and all employees who were
employed by Monterey pursuant to the Agreement to Provide Fire
Services Between the Cities of Monterey and Carmel-by-the-Sea who had
not passed their probationary period as employees of Carmel-by-the-Sea
prior to being hired by Monterey. Seniority within each group shall be
established in accordance with Section 25-13.03 of the Monterey City
Code.
If position(s) filled by employees represented by MFFA are eliminated as a
result of termination of the Agreement to Provide Fire Services between
the Cities of Monterey and Pacific Grove, employee(s) in Group 3 will be
subject to layoff first, followed by employee(s) in Group 1.
If position(s) filled by employees represented by MFFA are eliminated as a
result of termination of the Agreement to Provide Fire Services between
the Cities of Monterey and Carmel-by-the-Sea, employee(s) in Group 3
will be subject to layoff first, followed by employee(s) in Group 2.
If position(s) filled by employees represented by MFFA are eliminated for
reasons other than termination of the Agreement to Provide Fire Services
between the Cities of Monterey and Carmel-by-the Sea or termination of
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Exhibit F
Page 11 of 11 20 OCT 2011
the Agreement to Provide Fire Services between the Cities of Monterey
and Pacific Grove, and both of said agreements are still in effect, then only
employee(s) in Group 3 shall be subject to layoff.
If position(s) filled by employees represented by MFFA are eliminated for
reasons other than termination of the Agreement to Provide Fire Services
between the Cities of Monterey and Carmel-by-the Sea or termination of
the Agreement to Provide Fire Services between the Cities of Monterey
and Pacific Grove, and the Agreement to Provide Fire Services between
the Cities of Monterey and Pacific Grove has previously been terminated,
then employee(s) in Group 3 shall be subject to layoff first, followed by
employee(s) in Group 1.
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AGREEMENT TO PROVIDE INTERIM AMBULANCE ADMINISTRATION
SERVICES BETWEEN THE CITIES OF MONTEREY AND
CARMEL-BY-THE-SEA
THIS AGREEMENT, made and executed this day of December, 2011 by and between the CITY OF
MONTEREY, a municipal corporation, hereinafter referred to as "Monterey", and the CITY OF CARMEL-BYTHE-
SEA, a municipal corporation, hereinafter referred to as “Carmel” (collectively referred to as “the Parties”),
provides as follows:
RECITALS
WHEREAS, Carmel asserts its legal right to continue to provide paramedic ambulance services within
Carmel pursuant to California Health and Safety Code Section 1797.201, and “Carmel Regional Fire Ambulance
v. Monterey County Emergency Medical Services Agency (1996, Monterey County Superior Court Case No.
M33535);; and
WHEREAS, Carmel Fire Ambulance provides Prehospital Advanced Life Support (ALS) and
ambulance transportation services within Carmel; and
WHEREAS, Carmel desires to contract with Monterey for the provision of interim administration of said
ambulance services within Carmel; and
WHEREAS, it is the intent of the Parties to address, by this Agreement, all matters related to interim
ambulance administration services to be provided to Carmel by Monterey; and
WHEREAS, this Agreement is entered into pursuant to Government Code § 54981 and § 55632.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual advantages to be derived there from, and in
consideration of the mutual covenants herein contained, it is mutually agreed by and between the Parties hereto
as follows:
ARTICLE I
DEFINITIONS
1.1. Advanced Life Support. “Advanced Life Support” (ALS) means and refers to Prehospital
emergency medical services as defined in Section 1797.52 of the California Health and Safety Code, and
specific Prehospital medical services as authorized within the scope of practice of a licensed Emergency
Medical Technician – Paramedic (EMT-P) as described in Section 100145 of Article 2, Chapter 4, Division
9 of Title 22 of the California Code of Regulations.
1.2 Basic Life Support. “Basic Life Support” (BLS) means and refers to Prehospital
emergency medical services as defined in Section 1797.60 of the California Health and Safety Code, and
specific Prehospital medical services as authorized within the scope of practice of a certified Emergency
Medical Technician (EMT) as described in Section 100063-64 of Article 2, Chapter 2, Division 9 of Title 22
of the California Code of Regulations.
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1.3 Chief Fire Officer. “Chief Fire Officer” means and refers to employees of the Monterey
Fire Department with permanent appointment to the classification of Division Chief, Assistant Fire Chief, or
Fire Chief.
1.4. Emergency Medical Services. “Emergency Medical Services” means and refers to
services utilized in responding to a medical emergency as defined in Section 1797.72 of the California
Health and Safety Code.
1.5. Emergency Medical Services Agency. “Emergency Medical Services Agency” means
and refers to the Monterey County Emergency Medical Services Agency, designated by California Health
and Safety Code Section 1797.204 as the local Emergency Medical Services Agency responsible for
planning, implementation, and evaluation of the local EMS system throughout Monterey County.
1.6. Fire Chief. “Fire Chief” means and refers to the City of Monterey Fire Chief.
1.7. Fiscal Year. “Fiscal Year” means and refers to the annual period commencing on July 1
and ending the following June 30.
1.8. Prehospital. “Prehospital” means and refers to the time period prior to patient arrival at an
acute care facility licensed pursuant to Chapter 2, commencing with Section 1250, of Division 2 of the
California Health and Safety Code with a permit to provide basic emergency medical services, or an out-ofstate
acute care hospital which substantially meets the same requirements as determined by the local
emergency medical services agency which is utilizing the hospital within the emergency medical services
system, and is licensed in the state in which it is located.
1.9. Term. “Term” means and refers to any period of time during which Monterey is obligated to
provide services pursuant to this Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1 Term. The term of this Agreement shall be from 12:01 a.m. on January 1, 2012 through 7:44
a.m. on June 30, 2012.
2.2 Extension of Term. This Agreement may be extended by mutual written agreement of the
Parties prior to the effective date of expiration.
2.3 Termination. Notwithstanding Section 2.1 or 2.2 of this Agreement, either party may terminate
this Agreement by providing thirty (30) calendar days written notification to the other party, and the term of this
Agreement or any extension thereof shall be shortened accordingly. Written notice of termination shall be
provided to the City Manager or City Administrator of the affected City, with duplicate notification to the
Monterey Fire Chief.
ARTICLE III
FACILITIES AND EQUIPMENT
3.1. Title. Carmel shall retain title to all existing real property, buildings, equipment and
vehicle(s) as described in Exhibit A of this Agreement.
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3.2. Provision of Real Property, Equipment and Vehicles. For the duration of this
Agreement and any extensions thereto, Carmel shall provide all real property, facilities, vehicle(s), and
equipment as described in Exhibit A of this Agreement, or as may be mutually agreed by the Parties as
additionally necessary to provide Fire Ambulance services from the Carmel fire station.
3.3 Use of Use of Real Property, Equipment and Vehicles. For the duration of this
Agreement and any extensions thereto, Carmel authorizes use of any facilities, vehicle(s), and/or
equipment as owned by Carmel and described in Exhibit A of this Agreement by Monterey fire department
employees as may be necessary to provide services or support pursuant to this Agreement.
3.4. Operation, Maintenance, Repair, and Replacement. Carmel shall be responsible for all
costs to operate, maintain, repair, and/or replace any real property, buildings, equipment and vehicles
described in Exhibit A, and may create such reserves for depreciation as may be necessary and prudent for
replacement of equipment and vehicle(s). Carmel’s Fire Ambulance services budget shall contain line item
descriptions for operation and maintenance of vehicles and equipment.
ARTICLE IV
DUTIES OF MONTEREY UNDER THIS AGREEMENT
4.1 Scope of Services. Monterey shall provide administrative oversight and operational
coordination of Advanced Life Support (ALS) ambulance services provided by Carmel from the Carmel fire
station as more specifically described in Section 4.2 of this Article. In providing such services, Monterey shall
administer the provisions of Carmel’s policies and procedures relative to ambulance operations and provision of
Prehospital emergency medical services as applicable to this Agreement. Throughout the term of the
Agreement and as requested by either party, Monterey and Carmel shall meet to discuss any issues or
concerns relative to provision of services pursuant to this Agreement.
4.2 Description of Administrative and Coordination Services to be provided by Monterey.
Monterey’s duties relative to administrative oversight and operational coordination of ALS ambulance services
provided by, and the activities of, Carmel employees assigned to the Carmel Fire Ambulance from the Carmel
fire station and as authorized and funded within the current fiscal year by Carmel shall be as follows:
(a) Operational supervision of Carmel employees permanently or temporarily assigned to
staff the Carmel Fire Ambulance who provide fire response and Prehospital emergency medical services within
their training and authorized scope of practice;
(b) Administrative coordination of all training of Carmel employees assigned to staff the
Carmel Fire Ambulance, including all federal and state mandated firefighter training and Prehospital emergency
medical training as necessary to maintain the employees’ EMT-P license or EMT certification;
(c) Administrative coordination of supplemental fire and EMS training as may be
authorized and funded within the current Carmel fiscal year budget;
(d) Operational management of the current fiscal year budget for the Carmel Fire
Ambulance as approved and/or modified by the Carmel Council;
(e) Coordination of procurement of all operational supplies, services, and equipment by
Carmel for the Carmel Fire Ambulance as authorized by Carmel Council and funded within the current Carmel
fiscal year budget;
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(f) Fire Chief or designated Chief Fire Officer representation at Carmel Council meetings,
executive management meetings, community events, or other meetings or forums relative to Carmel Fire
Ambulance operations as requested by the Carmel City Administrator.
(g) Full operational integration and coordination of all activities of the Carmel Fire
Ambulance with fire services provided by Monterey from the Carmel fire station pursuant to the Agreement to
Provide Fire Services Between the Cities of Monterey and Carmel-by-the-Sea dated November 16, 2011;
(i) Management of emergency incident operations involving the Carmel Fire
Ambulance to ensure conformance with applicable laws, regulations, policies, procedures, and accepted industry
practices relative to emergency incident management;
(h) Emergency Relief Fire Ambulance Staffing. In the event Carmel is unable to provide
minimum staffing of its Fire Ambulance relative to BLS certified personnel, Monterey may, upon request of Carmel
and to the extent operationally possible, provide BLS-certified Monterey fire personnel to Carmel to staff the
Carmel Fire Ambulance as follows:
(i) Carmel shall exhaust all options to resolve any staffing shortage for the
Carmel Fire Ambulance with Carmel employees prior to requesting emergency relief staffing from Monterey.
(ii) The Carmel Fire Ambulance Operational Manager, or designated
representative, shall contact the Carmel fire station on-duty Fire Captain to initiate a request for emergency
relief staffing from Monterey. The on-duty Fire Captain shall forward the request for emergency relief staffing as
soon as possible to the Monterey duty Division Chief for action. Requests for emergency relief staffing shall not
be made more than forty-eight (48) in advance of an anticipated or known need.
(iii) The Monterey duty Division Chief shall facilitate the selection, notification,
and scheduling of a Monterey fire department employee to provide the requested relief staffing in conformance
with all applicable Monterey policies and procedures.
(iv) The Monterey duty Division Chief shall provide the name, rank, and contact
information of the Monterey employee scheduled to provide the requested emergency relief staffing to the
Carmel fire station on-duty Fire Captain, who shall forward such information to the Carmel Fire Ambulance
Operational Manager and on-duty Paramedic Firefighter. In the event no Monterey fire department employee is
available to fill the relief staffing request, the Monterey duty Division Chief shall notify the Fire Chief and the
Carmel duty Captain as soon as possible.
(v) The provision of emergency relief staffing to Carmel Fire Ambulance is
conditional upon a regular full-time Carmel Paramedic Firefighter to be on duty concurrently with the designated
Monterey employee providing the emergency relief staffing.
(vi) Monterey employees assigned to work in Carmel pursuant to this Section
shall work under the direct supervision of the on-duty Monterey Fire Captain at the Carmel station.
(vii) Any dispute or problem that may arise between Carmel Fire Ambulance
employees and a Monterey employee providing emergency relief staffing to Carmel Fire Ambulance shall be
immediately referred to the Monterey duty Division Chief for resolution. In the event a mutually satisfactory
resolution cannot be readily achieved, Monterey reserves the right to withdraw its employee from the
emergency relief assignment.
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(viii) Carmel agrees to reimburse Monterey for all actual costs of such emergency
relief staffing services provided by Monterey pursuant to this Section as further described in Section 6.1(b).
(i) The Monterey Fire Chief, while remaining an employee of the City of Monterey, shall
also serve as the Administrative Coordinator of Carmel Fire Ambulance services as provided by Carmel from
the Carmel fire station.
.
(i) Monterey shall provide all equipment and transportation as necessary for
Monterey employees to provide the services described in Section 4.2.
ARTICLE V
DUTIES OF CARMEL UNDER THIS AGREEMENT
5.1 Scope of Services. Carmel shall provide administration and management of Basic Life Support
(BLS) and Advanced Life Support (ALS) services provided by Carmel Fire Ambulance from the Carmel fire
station as more specifically described in Section 5.2 of this Article.
5.2 Description of Administration and Management Services to be provided by Carmel.
Carmel’s duties to provide administration and management services relative to Fire Ambulance services
provided by Carmel from the Carmel fire station shall be as follows:
(a) Responsibility for Administration and Management of Medical Services. Carmel
shall be responsible for ensuring the administration and management of all Prehospital emergency medical
services provided under this Agreement by the Carmel Fire Ambulance are in compliance with Division 9 of Title
22 of the California Code of Regulations, and in compliance with all regulations, policies, and procedures of the
Monterey County Emergency Medical Services Agency relative to Prehospital BLS and ALS emergency medical
services, including but not limited to, the following:
(i) Provide Prehospital emergency medical services, including patient transportation,
in conformance with Monterey County EMS policy and protocols, and state regulations within the Carmel Fire
Ambulance service area as defined by the Monterey County EMS Agency;
(ii) Provide Prehospital emergency medical services within the defined service area
on a continuous twenty-four-hour-per-day basis;
(iii) Provide Prehospital emergency medical services under the medical control of the
Monterey County EMS Medical Director;
(iv) Participate in the Monterey County EMS system and comply with all applicable
State regulations and local policies and procedures, including participation in the Monterey County Emergency
Medical Services Agency’s Continuous Quality Improvement (CQI) program;
(v) Provide, maintain, repair, and replace as necessary any telecommunications
equipment required by the EMS Agency;
(vi) Provide and maintain a valid Controlled Substance Registration Certificate from
the U.S. Department of Justice;
(vii) Provide and maintain a drug and solution inventory, and other medical equipment
and supplies as minimally specified by the EMS Agency;
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(viii) Assess the knowledge of its ALS providers in local policies, procedures, and
protocols, and assess paramedic skill competency as required by the EMS Agency;
(ix) Ensure that all paramedics employed by Carmel possess a current state EMT-P
license, active accreditation by the Monterey County EMS Agency, and maintain all other certifications and training
required by Monterey County EMS policy;
(x) Ensure that a Patient Care Record (PCR) is created for every patient response,
that the PCR is fully and accurately completed, and that the PCR is distributed to the EMS Agency, receiving
hospital, and paramedic service provider;
(xi) Ensure provision of an internal Continuous Quality Improvement (CQI) program
that has been approved by the EMS Agency;
(xii) Permit agents of the EMS Agency, base hospital coordinators, and emergency
physicians to observe Carmel’s provision of prehospital emergency medical services on the Carmel Fire
ambulance;
(xiii) Provide specific targeted EMS skill remediation as directed by the EMS Agency
Medical Director in the event a Carmel paramedic employee is determined to need additional training, observation,
or testing as determined by Carmel, the EMS Medical Director, or the CQI program;
(b) Other Administration and Management Services. Carmel shall be responsible for
providing the following additional administration and management services relative to Carmel Fire Ambulance as
provided by Carmel employees from the Carmel fire station:
(i) Development and administration of the current fiscal year budget relative to
Prehospital BLS and ALS ambulance services provided by Carmel from the Carmel fire station as approved and/or
modified by the Carmel City Council;
(ii) Procurement, maintenance, repair, and replacement as necessary of all office
equipment and supplies as needed to support Carmel Fire Ambulance operations at the Carmel fire station,
including but not limited to all computer, photocopier, telephone communications, office furniture, and related
office equipment and supplies as necessary and utilized exclusively for Carmel Fire Ambulance operations at the
Carmel fire station;
(iii) All personnel management support services as necessary to provide and
maintain ALS Fire Ambulance services from the Carmel fire station, including but not limited to Carmel employee
recruitment, hiring, evaluation, labor relations, discipline, payroll, and benefits management services;
(iv) All accounting services as necessary to support Carmel Fire Ambulance services;
(v) Procurement, maintenance, repair, and replacement as necessary of any
vehicle(s) and related equipment utilized to provide Prehospital emergency medical services by Carmel;
(vi) Workers’ Compensation and general or public liability insurance for Carmel
employees assigned to the Carmel Fire Ambulance to provide BLS or ALS Prehospital emergency medical
services as further described in Section 7.3 of this Agreement;
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(vii) Automobile liability and all risk property insurance for vehicle(s) and property
owned by Carmel as described in Exhibit A of this Agreement and used to provide Prehospital emergency medical
services from the Carmel fire station as further described in Section 7.3 of this Agreement.
ARTICLE VI
FEES FOR SERVICES
6.1. Fees for Services. Carmel agrees to compensate Monterey for all services provided
pursuant to the terms and conditions of this Agreement as follows:
(a) The period from January 1, 2012 through June 30, 2012 shall be the Initial Period.
For the Initial Period, Monterey shall provide services to Carmel pursuant to this Agreement, with the
exception of services provided pursuant to Section 4.2(h), without additional consideration providing that
Carmel maintains an Agreement to Provide Fire Services between the Cities of Monterey and Carmel for
the entire term of this Agreement.
(b) For Emergency Relief Staffing services provided pursuant to Section 4.2(h) of this
Agreement, Carmel agrees to reimburse Monterey all actual personnel costs for services provided plus a
ten percent administrative fee. Monterey shall provide a separate detailed invoice to Carmel by the day of
each month for emergency relief staffing services provided during the prior calendar month.
(i) Carmel agrees to remit to the amount invoiced by Monterey pursuant to this
Section within ten (10) days of receipt of the invoice.
(c) In the event the term of this Agreement is extended pursuant to Section 2.2, the Parties
will jointly determine the fees, if any, for services provided by Monterey pursuant to this Agreement.
(d) In the event the Parties agree to a fee for services provided by Monterey pursuant to an
extension of this Agreement, Carmel agrees to remit to the monthly fee in arrears of services provided on or
before the day of each month.
ARTICLE VII
INDEMNIFICATION AND INSURANCE
7.1 Mutual Indemnification.
(a) Each Party shall indemnify, defend and hold harmless the other Party, to the
extent allowed by law and in proportion to fault, against any and all third-party liability for claims, demands,
costs or judgments (direct, indirect, incidental or consequential) involving bodily injury, personal injury,
death, property damage or other costs and expenses (including reasonable attorneys’ fees, costs and
expenses) arising or resulting from the acts or omissions of its own officers, agents, employees or
representatives carried out pursuant to the obligations of this Agreement.
(b) Each Party shall protect, defend, indemnify and hold harmless the other Party
(including their officials, employees and agents as the same may be constituted now and from time to time
hereafter) from and against any and all liabilities, losses, damages, expenses or costs, whatsoever
(including reasonable attorneys’ fees, costs and expenses), which may arise against or be incurred by the
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other Party as a result of or in connection with any actual or alleged breach of this Agreement by either
Party.
(c) Carmel shall be responsible for all third-party liability, including third-party property
damage, caused by the negligence or wrongful acts of Carmel officers, officials, and employees resulting
from Carmel’s operation of Carmel vehicles and equipment, or resulting from maintenance performed
pursuant to Section 5.2(e) of this Agreement.
(d) Except for any duties either Party owes to the other pursuant to the provisions of
this Agreement, nothing in this Agreement shall be construed to waive any legal protections or immunities
available to the Parties under state or federal law.
7.2 Mutual Indemnification Obligations Survive Termination. As to activities occurring or
being carried out in performance of this Agreement and during the Term of this Agreement, the obligations
created by Section 7.1 shall survive termination of this Agreement. Accordingly, the Parties hereby
expressly agree to waive the pro rata risk allocation contained in California Government Code Section
895.6.
7.3 Public Liability and Property Insurance.
(a) Each Party shall maintain in effect, at its own cost and expense, throughout the
Term of this Agreement and any extensions thereof, the following insurance coverage provided either
through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum limits of
$1,000,000 per occurrence and $2,000,000 in the aggregate.
(ii) Auto liability including owned, leased, non-owned, and hired automobiles,
with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(iii) If a Party employs others in the performance of this Agreement, that Party
shall maintain Workers’ Compensation in accordance with California Labor Code section 3700 with a
minimum of $1,000,000 per occurrence for employer’s liability, for the duration of time that such workers
are employed.
(iv) All risk property insurance, excluding earthquake and flood, on all
permanent property of an insurable nature in an amount sufficient to cover at least 100% of the
replacement costs of said property. In any event, Carmel shall maintain property insurance coverage for all
the real property, buildings, equipment and apparatus utilized to provide fire ambulance services within
Carmel from the Carmel fire station.
(b) All insurance required by this Agreement shall:
(i) Be placed (1) with companies admitted to transact insurance business in
the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current
A.M. Best rating of no less than A:VII; or (2) disclosed self-insurance with limits acceptable to the other
Party.
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(ii) Provide that each Party’s insurance is primary and non-contributing
insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the
other Party shall not be called upon to contribute to a loss covered by a Party’s insurance.
(c) Prior to January 1, 2012, each Party shall file certificates of insurance with the
other Party evidencing that the required insurance is in effect.
7.4 Workers’ Compensation. Each party shall be responsible for their own employees with
regard to Workers’ Compensation insurance coverage during the tenure of this Agreement. In the event of
a claim for workers compensation, the respective party shall admit their employment relationship to the
employee within 14 days of the filing of the claim.
7.5 Immunity Preservation. Nothing in this Agreement shall be read as waiving or limiting any
defense to claims of liability otherwise available to fire personnel, and/or public employees, such as the
defense of qualified immunity. Nothing in this Agreement shall be read as intending to create or creating a
higher duty of care on the part of either Carmel or Monterey, or their officers, than would otherwise exist
under existing law and the involved Party’s own policies, practices, and procedures.
ARTICLE VIII
MISCELLANEOUS
8.1 Special Employment Relationship Established. The Parties agree that whenever Monterey
performs services pursuant to Article IV of this Agreement that Monterey shall become a special employer of the
Carmel employees, and that Monterey shall have the authority to direct and control the work of said Carmel
employees. The parties agree that the command structure creates a dual employment relationship among
Carmel employees subjected to the supervision of Monterey.
(a) The Parties agree that for the purpose of any potential injuries arising during the dual
employment that each party will be responsible for compensation due to said injured person according to which
entity has that employee on payroll at the time of the injury pursuant to Insurance Code section 11663. Carmel
employees have consented to this special employment relationship as set forth in the letter agreement attached
hereto as Exhibit B.
8.2 Amendments to Agreement. No part of this Agreement shall be altered or amended
except by mutual written agreement of the signatory Parties.
8.3 Assignment. The rights and obligations of the Parties under this agreement are not
assignable and shall not be delegated without the prior written approval of the Parties.
8.4 Dispute Resolution. The Parties recognize that this Agreement cannot represent a
complete expression of all issues that may arise during the performance of the Agreement. Accordingly,
the Parties agree to meet and confer in good faith over any issue not expressly described herein. It is the
Parties’ intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible.
To that end, the Parties agree to meet within ten (10) business days of a request made by the other party in
writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved after that
meeting, the Parties agree to mediate the dispute within 30 calendar days of the meeting or as soon
thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of
mediation will be borne by the Parties equally. No party may initiate litigation prior to the conclusion of
mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its
actual costs and attorney fees pursuant to California Civil Code section 1717.
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8.5 Exhibits. The following exhibits are attached hereto and incorporated as if fully set forth
herein:
Exhibit A: Carmel Fire Ambulance Facilities and Equipment
Exhibit B: Carmel Fire Ambulance Employees Association Acknowledgement and
Consent to Agreement to Provide Limited Ambulance Administration
Services between the Cities of Monterey and Carmel-by-the-Sea
8.6 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if
delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at
the addresses set forth below or to such other address as may, from time to time, be designated in writing.
To Carmel: City Administrator
City Hall
PO Box CC
Carmel-by-the-Sea, CA 93921
To Monterey: City Manager
City Hall
580 Pacific Street
Monterey, CA 93940
IN WITNESS WHEREOF, the Parties execute this agreement hereto on the day and the year first
written above.
APPROVED AS TO FORM:
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:
Jason Stilwell, City Administrator
CITY OF MONTEREY, A Municipal Corporation By: Date:
Fred Meurer, City Manager

EXHIBIT A

EXHIBIT B
Acknowledgement and Consent to Agreement to Provide Limited Ambulance Administration
Services between the Cities of Monterey and Carmel-by-the-Sea
Carmel Fire Ambulance Employees Association
I hereby attest that I represent all members of the Carmel Fire Ambulance Employees Association, and
that I am authorized to act on their behalf. In that capacity, I have received and reviewed a copy of the draft
Agreement, dated January 1, 2012, to provide limited interim ambulance administration services between the
Cities of Monterey and Carmel-by-the-Sea.
As representative of the Carmel Fire Ambulance Employees Association, I interpose no objection to
any term or condition of said Agreement.
_________________________
Signature
_____________________________
Printed Name
_____________________________
Title
_____________________________
Date
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v7
AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES
OF MONTEREY AND
CARMEL-BY-THE-SEA
THIS AGREEMENT, made and executed on November 16, 2011 by and between the CITY OF
MONTEREY, a municipal corporation, hereinafter referred to as "Monterey", and the CITY OF CARMEL-BYTHE-
SEA, a municipal corporation, hereinafter referred to as "Carmel" (collectively referred to as “the Parties”),
shall commence upon expiration of the existing Agreement to Provide Interim Fire Administration and
Emergency Incident Management Services between the Cities of Monterey and Carmel-by-the-Sea dated
December 3, 2008 and all amendments thereto, which is currently set to expire at midnight7:45 A.M. on
December 31, 2011January 1, 2012, and provides as follows:
RECITALS
WHEREAS, the City Council of Carmel has determined that the most effective method of providing the
fire services set forth in Chapter 2.20 of the Carmel Municipal Code is through a shared services model; and
WHEREAS, Carmel desires to expand the scope of its current Fire Services Agreement with Monterey
to include full fire protection and related emergency services within its jurisdiction; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to
the services to be provided to Carmel by Monterey; and
WHEREAS, this agreementAgreement is entered into pursuant to Government Code § 54981 and §
55632.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual advantages to be derived there from, and in
consideration of the mutual covenants herein contained, it is agreed by and between the Parties hereto as
follows:
ARTICLE I
DEFINITIONS
1.1. Capital Improvements. “Capital Improvements” means and refers to structural repairs
and similar improvements which are the type of improvements which would be added to the tax “basis” if
the property were owned by a non-governmental entity.
1.2. Chief Fire Officer. “Chief Fire Officer” means and refers to employees of the Monterey
Fire Department with permanent appointment in the classification of Division Chief, Assistant Fire Chief, or
Fire Chief.
Formatted: Font: Bold
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OCT 3, 2011
v7
1.3. Code 3. “Code 3” means and refers to the emergency response of a fire apparatus utilizing
all warning equipment as authorized in Section 25252 et seq. of the California Vehicle Code.
1.24. Fire Chief. “Fire Chief” means and refers to the City of Monterey Fire Chief.
1.3.1.5. Fire Services. “Fire Services” means and refers to those services described in Article IV
hereof.
1.4.1.6. Fiscal Year. “Fiscal Year” means and refers to the annual period commencing on July 1
and ending the following June 30.
1.5.1.7. Term. “Term” means and refers to any period of time during which Monterey is obligated to
provide services pursuant to this Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1. Initial Term. The initial Term of the provision of services under this amended Agreement
shall be from 12:00 Midnight7:45 a.m. on January 1, 2012 through 7:44 a.m. on June 30, 2016.
2.2. Automatic Renewal of Agreement for Five Year Terms. Upon the conclusion of the
initial Term and of each Term thereafter, this Agreement shall be automatically extended for additional five
(5) year Terms unless either Party gives the other Party written notice of its intent to allow this Agreement
to lapse pursuant to the provisions of Section 2.3 of this Agreement.
2.3. Written Notification of Intent to Allow Agreement to Lapse. If either Party does not
wish for this Agreement to be automatically extended for an additional Term pursuant to Section 2.2 of this
Agreement, that Party shall give the other Party written notice of its intent to allow the Agreement to lapse
no later than the June 30 immediately preceding the end of that Term of the Agreement. Written
notification of intent to allow the Agreement to lapse shall be in the form of a Resolution of the respective
Party’s City Council, and shall be delivered to the other Party’s City Manager or City Administrator pursuant
to Section 9.5 of this Agreement, with duplicate notification delivered to the Fire Chief.
2.4. Termination. Notwithstanding Section 2.1, Section 2.2, or Section 2.3 of this Agreement,
either Party may terminate this Agreement by providing twelve (12) months’ written notification to the other
Party, and the Term of this Agreement or any extension thereof shall be shortened accordingly. Written
notification of termination shall be in the form of a Resolution of the respective City Council, and shall be
delivered to the other Party’s City Manager or City Administrator pursuant to Section 9.5 of this Agreement,
with duplicate notification delivered to the Fire Chief.
2.5. Option to Create Joint Powers Authority. At any time the Parties may, by mutual written
agreement, terminate this Agreement concurrent with the formation of a Joint Powers Authority to provide
fire protection services to both jurisdictions. Any Joint Powers Authority so formed may include other
jurisdictions not party to this Agreement.
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2.5. Termination for Material Breach. Notwithstanding Sections 2.1 through 2.4 of this
Agreement, this Agreement may be terminated for material breach pursuant to the procedures set forth in
Section 6.1(e) and Section 6.2(e) of this Agreement.
ARTICLE III
FACILITIES AND EQUIPMENT
3.1. Title. Carmel shall retain title to all existing real property, buildings, equipment and
apparatus owned by Carmel and described in Exhibit A and Exhibit B of this Agreement.
3.2. Use of Real Property, Equipment and Apparatus. For the duration of this Agreement,
Carmel shall lease to Monterey all real property, buildings, equipment and apparatus described in Exhibit A
to enable Monterey to provide services to Carmel pursuant to this Agreement as well as to provide local
mutual and automatic mutual aid, statewide master mutual aid and assistance by hire pursuant to the
California Fire Assistance Agreement. Carmel further authorizes Monterey to utilize any apparatus
described in Exhibit A outside the geographic boundaries of Carmel whenever deemed operationally
necessary by the Fire Chief or his or her designee. This Agreement shall serve as the lease instrument
without additional consideration.
(a). Upon termination of this Agreement pursuant to Section 2.3 or Section 2.4,
Monterey willshall deliver to Carmel the real property, buildings, equipment and apparatus described in
Exhibit A of this Agreement, reasonable wear and tear excepted.
3.3. Maintenance and Replacement. Carmel shall bear all costs to maintain, repair, and/or
replace the real property, buildings, equipment and apparatus described in Exhibit A and Exhibit B, and
may create such reserves for depreciation as may be necessary and prudent for replacement of equipment
and apparatus; provided, however, that should an insurable event result in irreparable damage to any such
real property, buildings, equipment and apparatus, Carmel shall only bear the portion of the replacement
cost that exceeds the amount of any payment for said irreparable damage received under the insurance
coverage described in Section 8.3 of this Agreement. Carmel fire services budget shall contain line item
descriptions for maintenance and replacement of such items.
3.4. Repair. In the event that any real property, building, equipment and apparatus described
in Exhibit A and used or operated by Monterey for the provision of Fire Services pursuant to this Agreement
is damaged, Carmel shall bear the costs of repairing such real property, building, equipment and
apparatus; provided, however, that should an insurable event result in reparable damage to any such real
property, buildings, equipment and apparatus, Carmel shall only bear the portion of the repair cost that
exceeds the amount of any payment for damage received under the insurance coverage described in
Section 8.3 of this Agreement.
3.5. Vehicles and Equipment Not Used to Provide Services. The vehicles and equipment
owned by Carmel and described in Exhibit B of this Agreement shall not be used by Monterey to provide
services pursuant to this Agreement, except that Carmel authorizes Monterey to operate or use any vehicle
and/or equipment described in Exhibit B as deemed operationally necessary by the Fire Chief or his/her
authorized designee.
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ARTICLE IV
DUTIES OF MONTEREY UNDER THIS AGREEMENT
4.1. Scope of Services. Monterey shall provide Fire Services within the jurisdictional area of
Carmel as more specifically described in Section 4.2 of this Article. In providing such services, Monterey
shall administer the provisions of the Carmel Fire Code and other Carmel rules, regulations, policies and
procedures as applicable to this Agreement.
(a) Throughout the Term of thethis Agreement and at least annually or more
frequently as requested by either Party, Monterey agrees to meet and consult with Carmel relative to
service levels, fees for services, operational policies and/or procedures, and/or any other issue or concern
relative to Monterey’s implementation of the provisions of this Agreement. Monterey further agrees to meet
and discuss Monterey labor relations processesissues relating to this Agreement to the extent permitted by
law unless otherwise constrained, such as a confidentiality agreement, between. Agreement
(b) Throughout the Term of this Agreement, Monterey agrees to receive and the
exclusive employee bargaining representativeconsider any input from the Carmel City Administrator relative
to the performance of the Fire Chief as it pertains specifically to the provision of services pursuant to §3500
et. seq. of the California Government Code relating to public agency employer-employee relations (Meyers-
Milias-Brown Act).this Agreement, including the Fire Chief’s responsiveness to the Carmel City
Administrator and community on fire services-related issues or concerns.
(c) Throughout the Term of this Agreement, Monterey agrees to solicit and consider
input from the Carmel City Administrator relative to the selection process for future Fire Chief(s). Such input
shall include the opportunity to review and provide comment on the Fire Chief Job Description, Fire Chief
recruitment announcement, and participation on an interview panel to provide input on candidates.
4.2. Description of Fire Services to be provided by Monterey. Monterey’s duties to provide
Fire Services under this agreementAgreement shall be as follows:
(a) Fire Department Administration. Monterey shall provide the following
administrative and support services necessary to maintain Fire Services within Carmel:
(i) Fire Services program planning and administration consistent with the
terms and conditions of this Agreement.
(ii) Development and administration of the annual Carmel fire services
budget.
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(iii) Coordination and administration of Carmel Fire Services sub-departmentlevel
programs as authorized and funded within the Carmel fire services budget, as that budget may be
modified from year to year.
(iv) Delivery and documentation of all federal and state-mandated firefighter
training as well as provision of additionalsupplemental training as authorized and funded within the Carmel
fire services budget, as that budget may be modified from year to year.
(v) Provision of a Chief Fire Officer or qualified acting Chief Fire Officer, or if
no Chief Fire Officer is available, a Company Officer or qualified acting Company Officer, to assist with
emergency and disaster management within the Carmel Emergency Operations Center as requested by
the Carmel City Administrator or his or her designee.
(vi) Coordination of procurement of all operational supplies, services, and
equipment as necessary to provide the Fire Services outlined in this Agreement as funded within the
Carmel fire services budget, as that budget may be modified from year to year. Any procurement made
pursuant to this section shall be made with Carmel funds and shall conform with Carmel procurement
policies and procedures.
(vii) Operational integration and coordination of Carmel fire ambulance
services with other fire services provided by Monterey to Carmel pursuant to this Agreement, and as also
described in the separate Agreement to Provide Interim Ambulance Administration Services between the
Cities of Monterey and Carmel.
(viii) Fire Chief’s or designated Chief Fire Officer representative’s prompt
response to requests by the Carmel City Administrator, attendance at Carmel Council meetings, executive
management meetings, community events, or other meetings or forums as requested by the Carmel City
Administrator.
(ix) Notification to the Carmel City Administrator or designee as soon as
practical of any significant emergency event or other event as defined by the Carmel City Administrator;
(x) Maintenance of sufficient, segregated records relating to provision of Fire
Services to Carmel, including but not limited to, response time data for all incident responses as described
in Section 4.2(c) of this Agreement. At a minimum, such records shall be sufficient to meet any and all
federal and state reporting obligations as they relate to the provision of Fire Services, including but not
limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material
response or other incident responses. Such records may be maintained in Monterey, and will be provided
to Carmel upon request or termination of this Agreement for any reason as described in Sections 2.4 or 2.5
of this Agreement.
(b) Fire Prevention Services.
(i) Review of all development and building plans submitted to Carmel to
ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of all
new fire protection and fire alarm systems for compliance with applicable codes and standards., and
inspection of previously installed fixed fire protection and alarm systems as recommended by applicable
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National Fire Protection Association (NFPA) Standards. Carmel shall collect and retain any fees collected
for issuance of building permits.
(viii) Fireii) Annual fire safety inspections of all state-mandated occupancies
within Carmel.
(ixiii) Issuance of operational permits and conduct associated
inspectionsinspection of applicable businesses within the City of Carmel as required in Appendix Chapter 1,
Section 105.6 of the 2007 California Fire Code and as that Section may be amended in the future. Carmel
shall collect and retain any fees for said operational permits and inspections.
(x(iv) Fire safety inspection of at least 20 percent of non-mandated or permitted
business occupancies within Carmel annually.
(v) Monterey retains the right, and intends to utilize private contractor(s)
and/or subject matter experts to provide development and plan review, fire protection system plan review
and inspection, and/or fire safety inspection(s) within Carmel as deemed necessary by the Fire Chief or
his/her authorized representative. Carmel shall collect and retain any fees for such fire prevention services
provided within Carmel by such a contractor at the Fire Chief’s direction. (vi) Investigation of all fires
to establish origin and cause as well as coordination with the Carmel Police Department on allany criminal
prosecutionsprosecution resulting from such investigations .
(xi) Maintenance of sufficient, segregated records relating to provision of Fire
Services to Carmel, including, but not limited to response time data for all incident responses described in
Section 4.2(b) of this Agreement. At a minimum, such records shall be sufficient to meet any and all
federal and state reporting obligations as they relate to the provision of Fire Services, including but not
limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material
response or other incident responses.
(b (c) Incident Response Withinwithin the Incorporated LimitsGeographic Boundaries of
Carmel.
(i) General Service Criteria. The following criteria shall apply to all services
identified in Section 4.2(bc)(ii)-(vii):
(A) Response Area. Monterey shall provide services identified in
Sections 4.2(bc)(ii)-(vii) below to all areas within the incorporated limitsgeographic boundaries of Carmel.
(B) Chief Officer Coverage. Monterey shall provide a qualified Chief
Fire Officer, or acting Chief Fire Officer, to be immediately available for response and management of
emergency incidents as necessary to provide incident command and coordination functions within the
jurisdictional boundaries of Carmel, including the authority to commit expenditure of Carmel funds to
mitigate an emergency incident consistent with the ordinances, policies and procedures of Carmel.
In the event that this service is not immediately available because the on-duty Monterey Duty Chief Officer
is otherwise committed to another emergency incident, an administrative Chief Officer or off-duty
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Operations Chief Officer shall be recalled and assigned to provide operational Duty Chief Officer coverage
as soon as possible.
(C) Fire Station Staffing.
(1) Monterey shall assign three (3) personnel, meeting
minimum federal and state-mandated training requirements for their respective classifications and
responsibilities, to the Carmel fire station to provide Fire Services pursuant to this Agreement each and
every day of the Term of this Agreement. Said staffing shall include one (1) Captain or qualified Acting
Captain, one (1) Engineer or qualified Acting Engineer, and one (1) Firefighter.
(2) Additional qualified fire personnel may be assigned to the
Carmel station as determined by the Fire Chief or designee to provide supplemental Fire Services or
staffing for special events, anticipated weather events, or other situations within the Carmel Fire Services
budget as that budget may be modified from year to year, and within operational capacity.
(D) Response Time and Monthly Reporting. Monterey recognizes
and acknowledges the existing Carmel Carmel’s historic fire response performance averaging less than
three (3) minutes for the first arriving apparatus from time of notification by the dispatch center. This historic
performance also exceeds National Fire Protection Association (NFPA) recommended response
performance standard for allof 5 minutes or less, 90% of the time for paid career fire departments. Because
the daily minimum staffing of the Carmel fire station will not change as outlined in Section 4.2(c)(i)(C), this
Agreement enables Carmel to maintain its historic emergency calls of (Code 3) response times to incidents
within Carmel, as well as conformance with nationally recognized emergency incident response time
performance standard of five (5) minutes or less from time of receipt of an alarm at the responding station
to the arrival of the first response team on scene. , 90% of the time.
Monterey will strive to maintain that response standard with existing facilities and apparatus, and willfurther
provide a monthly response summary report to Carmel by the day of the following month that reflects the
average response time for all incidents occurring within Carmel during the previous month. A delineated as
well as the percentage of total responses meeting the national recommended response time standard of 5
minutes or less within Carmel for each incidentthe previous month. Response times for specific incidents
occurring within Carmel iswill be available upon request.. .
(E) Dispatch Service. Carmel shall separately contractbe responsible
for providing emergency dispatch and communications services compatible with Monterey fire
communications systems and equipment so that Monterey is able to perform the services under this
Agreement. Such dispatch and emergency communications services shall be compatible with Monterey’s
dispatch and communications system.services may be provided by an independent third-party provider as
mutually agreeable to the Parties.
(F) Carmel Fire Station Staffing Continuity. Monterey will assure that
all current Carmel employees will be assigned to the Carmel fire station for a period of not less than one (1)
year upon commencement of this Agreement before they are eligible to be assignedbid for assignment to
another fire station. During this one-year period, Monterey shall train all of Firefire safety personnel to the
unique response characteristics (i.e., no street address) of Carmel.
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(ii) Fire Suppression. Monterey will provide fire resource response to all
reported fires, suspected fires, and fire alarm activations within Carmel.
(iii) Emergency Medical Response.
(iv) Rescue Services.
(iii) Emergency Medical Response. Monterey will provide fire resource
response to all medical emergencies within Carmel in conformance with the Monterey County Emergency
Medical Services Agency policies and protocols, and as an integrated and coordinated service with the
Carmel fire ambulance.
(iv) Rescue Services. Monterey will provide fire resource response to any
report of a trapped person, including persons unable to self-extricate from water Said rescue services shall
only be provided within the scope of training and experience of fire response personnel, Monterey Fire
Department policies and/or Standard Operating Guidelines , and available rescue equipment.
(v) Hazardous Materials Response. Monterey will provide fire resource
response to any reported hazardous substance spill or release.
(vi) Other CallsRequests for Service. Response Monterey will provide fire
resource response to any other emergency or non-emergency request for service as received and
dispatched by the Monterey County Department of Emergency Communications.
(vii) Major Disaster Response.Emergency Operations Center Support. In the
event of a major disaster in the Carmel Emergency Operations Center is activated pursuant to the Carmel
Emergency Operations Plan, Monterey will, to the extent possible, provide fire department support to the
Carmel Emergency Operations Center (EOC) support.). In the event of a multi-jurisdictional emergency or
disaster, coordination of fire resources may be performed from the Monterey Emergency Operations
Center.
(cd) Statewide Mutual Aid and Assistance by Hire. Monterey may respond to requests
for mutual aid or assistance-by-hire by other agencies within the State of California pursuant to the
California Statewide Master Mutual Aid Agreement or the California Fire Assistance Agreement, as
approved by the Fire Chief or his or her authorized designee. Monterey shall credit or reimburse Carmel
for any reimbursement(s) received by Monterey relating to use of personnel assigned to the Carmel station
and/or Carmel-owned apparatus described in Exhibit A for provision of mutual aid or assistance-by-hire,
except for any operating or incidental costs paid by Monterey.
(d(i) This Agreement further enhances existing and future mutual aid and
automatic mutual Agreements between Monterey, Carmel, and other Monterey Peninsula fire agencies by
providing consolidated fire administrative and management services, operational continuity, better
allocation and utilization of existing resources, and enhanced depth of resources for both Cities.
Combining the fire services of both Cities provides operational economies of scale and administrative
efficiencies that lead to stronger, more effective fire services.
(e) Miscellaneous.
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(i) Weed Abatement. Monterey will enforceinspect properties within Carmel
for compliance with the provisions of Title 8 of the Carmel Municipal Code relating to Weed Abatement, and
as that Title may be amended in the future. Enforcement shall include administration of all aspects of
Carmel’s Annual Weed Abatement Program. Monterey will further inspect residential and open-space
parcels to the extent permitted by law and recommend to the City Administrator appropriate
modification/abatement of vegetative fuels within Carmel to provide improved defensible space relative to
wildland fire. Any non-compliance with the provisions of Title 8 of the Carmel Municipal Code relative to
weed abatement or vegetative fuels removal or modification shall be referred to the Carmel City Attorney
for enforcement.
(ii) Fireworks. Monterey will enforce the provisions of Title 8 of the Carmel
Municipal Code relating to Fireworks, and as that Title may be amended in the future. Any non-compliance
with the provisions of Title 8 of the Carmel Municipal Code relative to fireworks shall be referred to the
Carmel City Attorney for enforcement.
(iii) Community Outreach and Education. Consistent with operational capacity
and the Carmel fire services budget as that budget may be modified from year to year, Monterey shall
coordinate the planning and development of fire prevention and safety education programs for schools,
businesses, community associations, child-care providers and other members of the community. Fire
prevention and life safety programs will be tailored to educate Carmel residents and business community in
order to help preserve life and property.
(iv) False Fire Alarms. Monterey will enforce the provisions of Title 8 of the
Carmel Municipal Code, relating to recovery of costs associated with responses to false fire alarms, and as
that Title may be amended in the future. Any non-compliance with the provisions of Title 8 of the Carmel
Municipal Code relative to false fire alarms shall be referred to the Carmel City Attorney for enforcement.
(v) Hazardous Materials Releases. Monterey will enforce the provisions of
Title 8 of the Carmel Municipal Code relating to recovery of costs associated with responses to releases of
hazardous materials, and as that Title may be amended in the future. Any non-compliance with the
provisions of Title 8 of the Carmel Municipal Code relative to the recovery of costs associated with the
City’s response to a hazardous substance release or spill shall be referred to the Carmel City Attorney for
enforcement.
(vi) Fire Hydrant Testing. Monterey shall continue to provide annual testing of
at least 10% of the public fire hydrants within Carmel as authorized by the water system owner and the
Monterey Peninsula Water Management District.
(vii) Compliance with Cal/OSHA Regulations. Monterey shallwill ensure
compliance with California Division of Occupational Safety and Health (Cal/OSHA) regulations relative to
activities performed within environments requiring respiratory protective equipment, such as interior
firefighting operations (commonly referred to as “2-in/2-out”).
4.3. Inspection of Carmel-Owned Property and Notification of Necessary Maintenance
and Repairs. Monterey agrees to regularly inspect all real property, buildings, equipment and apparatus
described in Exhibit A to ensure they meet the appropriate and applicable fire services standards.
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(a) In the event that any real property, buildings, equipment or apparatus described in
Exhibit A requires routine maintenance or is in a condition that presents an immediate or imminent threat to
employees or public health or safety, Monterey agrees to notify Carmel immediately of the existence of
such conditions.
(i) Monterey shall not use any equipment and apparatus requiring
maintenance or repair in the provision of Fire Services pursuant to this Agreement until such time as
Carmel has satisfactorily performed the necessary maintenance or repairs.
(ii) Monterey shall ensure that access to any real property or buildings
described in Exhibit A, which is in a condition that presents an immediate or imminent threat to employee or
public health or safety, is restricted so as to minimize the threat posed to employee or public health or
safety until said condition is remedied.
(iii) In the event that a condition gives rise to an immediate or imminent threat
to public or employee health or safety, the Parties agree that the Fire Chief, or his or her designee, shall
have the authority to take any actions necessary to preserve public or employee health or safety. Such
action may include prohibiting the occupancy or use of anything described in Exhibit A until the conditions
giving rise to the threat are remedied.
(iv) In the event that Monterey notifies Carmel of a condition requiring the
maintenance, repair, or replacement of any real property, buildings, equipment, or apparatus described in
Exhibit A of this Agreement, Carmel shall reserve the right to have such need for maintenance, repair, or
replacement validated by an independent third party of its choice, at no cost to Monterey, within a
reasonable time period as mutually agreeable to the Parties.
(b) Monterey shall inspect any maintenance and repairs performed pursuant to
Section 5.2 of this Agreement to ensure that such maintenance and repairs have ensuredoccurred and that
the real property, buildings, equipment and apparatus so maintained or repaired meet the appropriate and
applicable fire services standards.
(c) In the event that any Capital Improvements authorized in the Carmel fire services
budget are performed on Carmel-owned real property or buildings described in Exhibit A, Carmel shall
coordinate the performance of such Capital Improvements with Monterey.
(d) In the event that Carmel determines, pursuant to Section 5.2(b) of this Agreement,
that maintenance or repair of any Carmel-owned apparatus or equipment described in Exhibit A will not be
sufficient to ensure that said apparatus or equipment meets applicable fire service standards, or in the
event of planned apparatus or equipment replacement, Carmel shall coordinate the procurement of any
such apparatus or equipment with Monterey as authorized in the Carmel fire services budget as that budget
may be modified from year to year.
4.4. Budget Projections and Accounting of Actual Expenses. Monterey shall provide
Carmel with the budget projections and detailed accounts of actual expenses as further described in Article
VI of this Agreement.
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ARTICLE V
DUTIES OF CARMEL UNDER THIS AGREEMENT
5.1. Payment for Fire Services. Carmel shall compensate Monterey for the provision of Fire
Services as further described in Article VI of this Agreement.
5.2. Maintenance and Repair of Equipment. Carmel agrees to maintain at its own cost all
real property, buildings, equipment and apparatus, as described in Exhibit A to this Agreement, in a safe,
habitable, and serviceable condition at all times.
(a) Upon notification by Monterey, Carmel shall, as soon as possible thereafter,
perform such routine maintenance or repairs necessary to ensure that any real property, buildings,
equipment and/or apparatus remain in a safe, habitable, and serviceable condition.
(b) In the event that it is not possible to repair any buildings, equipment and
apparatus sufficient to ensure that they are in a safe, habitable, and serviceable condition, Carmel shall
replace the equipment or apparatus in question.
(c) In the event that Carmel fails to respond in a timely manner to notification pursuant
to this section, Monterey may undertake the necessary maintenance, repair or replacement. Carmel
agrees to reimburse Monterey for any costs it so incurs, including applicable administrative expenses,
associated with any such maintenance, repair, or replacement.
(d) In the event that Carmel contracts or otherwise hires a third-party contractor to
perform any necessary maintenance, repair or replacement pursuant to this Article V, Carmel shall require
any such third-party contractor to have general liability insurance with minimum limits of $1,000,000 per
occurrence and $2,000,000 in the aggregate. Both Carmel and Monterey shall be named as additional insureds via
endorsement on any such coverage.
ARTICLE VI
FEES FOR SERVICES
6.1. Fees for Services. Carmel agrees to compensate Monterey for all services provided
pursuant to the terms and conditions of this Agreement.
(a) The period from January 1, 2012 through June 30, 2012 shall be the Initial Period.
For the Initial Period, Monterey shall provide Carmel with an Initial Period budget projection describing the
total anticipated costs of providing Fire Services during the Initial Period. The Initial Period budget
projection shall be in the form of, and shall use the same methodology as, the budget projection model
contained in Exhibit C. Monterey shall provide Carmel with the Initial Period budget projection no later than
November 16, 2011.
(b) No later than March 15, 2012, and no later than March 15 each year thereafter,
Monterey agrees to provide Carmel with a Fiscal Year budget projection describing the total anticipated
costs of providing Fire Services for the next Fiscal Year. Such Fiscal Year budget projections shall be in
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the same form of, and shall use the same methodology as, the budget projection model contained in Exhibit
C.
(c) Beginning on July 15 of every Fiscal Year, and on the first day of each month of
the Fiscal Year thereafter, Carmel agrees to remit to Monterey one twelfth (1/12) of the Fiscal Year budget
projection. Notwithstanding the foregoing, in the first fiscal year that Fire Services are provided pursuant to
this Agreement, the initial payment shall be due on the day of the first month that Monterey provides Fire
Services to Carmel, and the amount of the payments will be prorated based on the budget projection for the
partial year and the number of whole and partial months that service is provided to Carmel during the first
Fiscal Year.
(d) In the event that Carmel fails to pay the entire amount described in section 6.1(c)
above within thirty (30) days of the due date, interest shall accrue to the unpaid balance at an annual
equivalent rate equal to the Prior Year Penalty Factor, determined from the date the payment was originally
due. The Prior Year Penalty Factor shall be the interest rate earned on Monterey’s entire investment
portfolio for the preceding Fiscal Year plus two percent (2%). For example, if the rate of return on
Monterey’s entire investment portfolio for the preceding Fiscal Year was four percent (4%) the Prior Year
Penalty Factor will be six percent (6%).
(ie) Failure by Carmel to pay the amount(s) due pursuant to Section 6.1(c) plus the
interest due pursuant to Section 6.1(d) within three (3) months of the due date shall constitute a material
breach of this Agreement. Notwithstanding Article II of this Agreement, in the event of such material
breach, Monterey shall have the right to terminate this Agreement upon the provision to Carmel of three (3)
months written notice of said termination, and the Term of this Agreement or any extension thereof shall be
shortened accordingly. The termination shall not be effective if Carmel pays Monterey all amounts due
within thirty (30) days of such notice. Termination of this Agreement pursuant to this section shall not be
construed to limit the right of Monterey to obtain, by any means available at law, any monies due to it from
Carmel pursuant to this Agreement.
6.2. Accounting. No later than November 1 of each year, including the Initial Period of this
Agreement as defined in Section 6.1(a), Monterey shall provide Carmel with a detailed account of the
actual costs incurred by Monterey to provide Fire Services pursuant to this Agreement for the preceding
Fiscal Year. Said account shall also include the Service Year Factor, which shall be the interest rate
earned on Monterey’s entire investment portfolio for the Fiscal Year in which Monterey’s actual costs were
incurred.
(a) If the actual costs are greater than the Fiscal Year budget projection, Carmel shall,
no later than ninety (90) calendar days after receipt of the detailed account of actual costs, remit to
Monterey the difference between the Fiscal Year budget projection and the actual cost, plus interest on that
amount at an annual equivalent rate equal to the Service Year Factor (interest), as determined from July 1
after the end of the fiscal year to date of payment to Monterey. In the alternative, Carmel may elect to
defer payment of the difference or any portion thereof pursuant to the provisions of subsection 6.2(c) of this
Agreement.
(b) If the actual costs are less than the Fiscal Year budget projection, Monterey shall,
no later than ninety (90) calendar days after providing Carmel with the detailed account of actual costs,
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remit to Carmel the difference between the Fiscal Year budget projection and the actual cost, plus interest
on that amount at an annual equivalent rate equal to the Service Year Factor (interest), as determined from
July 1 after the end of the fiscal year to date of payment to Carmel. In the alternative, Monterey may elect
to defer payment of the difference or any portion thereof pursuant to the provisions of subsection 6.2(c) of
this Agreement.
(c) Any Party owing an outstanding amount to the other Party pursuant to section
6.2(a) or section 6.2(b) of this Agreement may elect to pay the outstanding amount on July 15 at the
beginning of the next Fiscal Year, at which time the indebted Party shall pay the amount outstanding plus
an amount equal to the amount outstanding multiplied by the Service Year Factor. For example: if the
amount outstanding is ten thousand dollars ($10,000), and the Service Year Factor is five percent (5%),
then the amount owed shall be ten thousand five hundred dollars ($10,500). Any indebted Party so
electing to make the outstanding payment on July 15 at the beginning of the next Fiscal Year shall deliver
written notice to the other Party informing it of its intent no later than the ninetieth () day after receipt of the
detailed account of actual costs.
(d) If the total payment described in section 6.2(c) of this Agreement is not made by
the end of that July, any amount outstanding shall accrue interest at an annual equivalent rate equal to the
Service Year Factor plus two percent (2%), calculated from the July due date.
(e) Failure by any indebted Party that has not given notice of its intent to postpone
payment of the outstanding amount pursuant to Section 6.2(c) to pay any amount owed pursuant to either
Section 6.2(a) or 6.2(b) within ninety (90) days after receipt of the detailed account of actual costs shall
constitute a material breach of this Agreement. In the event that an indebted Party has given notice of its
intent to postpone payment of the outstanding amount pursuant to Section 6.2(c), failure to make the
payment owed pursuant to either Section 6.2(a) or 6.2(b), plus the interest calculated thereon pursuant to
the provisions of Section 6.2(d), within ninety (90) days of the due date, shall constitute a material breach of
this Agreement. Notwithstanding Article II of this Agreement, in the event of such material breach, the nonbreaching
Party shall have the right to terminate this Agreement upon the provision to the breaching Party
of ninety (90) days’ notice of said termination, and the Term of this Agreement or any extension thereof
shall be shortened accordingly. Termination of this Agreement pursuant to this section shall not be
construed to limit the right of the non-breaching Party to obtain, by any means available at law, the amount
still owed by the breaching Party.
(f) At any time during the Term of this Agreement, the formulas, approaches, and
percentages described in Article 6 and in Exhibit C of this Agreement may be modified upon the mutual
written agreementAgreement of the City Manager of Monterey and the City Administrator of Carmel.
(g) In the event that Monterey enters into a new Agreement to provide fire services to
an additional jurisdiction, or terminates an existing contract for the provision of fire services to another
jurisdiction, the City Manager of Monterey and the City Administrator of Carmel shall review the
percentages in Exhibit C.
6.3. Transferred Leave Bank. Carmel shall calculate the value of any unused and unpaid
leave time accrued by the Carmel employees hired by Monterey pursuant to Article VII of this Agreement
and transferred to Monterey at the time Monterey hires the employees. The value of such leave time shall
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be calculated at the hourly rates Carmel would pay the employees on January 1, 2012 if they used the
leave time while still employed by Carmel. The total value of the transferred leave times for said
employees hired by Monterey shall be the Leave Balance. During the Term of this agreementAgreement,
the value of the Leave Balance shall be reduced by the amount Carmel pays Monterey each year to
compensate Monterey for direct expenses attributable to annual leave payoffs and termination leave
payoffs, as those terms are used in Exhibit C of this Agreement. Upon termination of this Agreement,
Carmel shall pay to Monterey the outstanding value of the Leave Balance, if any.
ARTICLE VII
PERSONNEL
7.1. Offers of Employment to Carmel Employees. Not later than December 1, 2011,
Monterey shall make conditional offers of employment to all persons employed full-time by Carmel as
“safety” employees in its Fire Department (“Current Employees”).
7.2. Class A Pre-Employment Medical Examination. During the period November 16, 2011
through December 15, 2011, Monterey will schedule, and all Current Employees receiving conditional
offers of employment shall submit to, a “Class A” pre-employment medical examination by a physician
retained by Monterey as provided by the forms attached hereto as Exhibit D. Monterey shall be
responsible for the costs associated with the Class A pre-employment medical examination.
7.3. Employment Commencing January 1, 2012. Current Employees who, based on the
Class A pre-employment medical examination, do not require accommodation to perform the essential
functions of the applicable classification, and who have executed a “Waiver and Consent to Transfer”
Carmel files to Monterey in the form attached as Exhibit E shall receive a final offer of employment on or
before December 16, 2011, to commence employment at 12:00 Midnight on January 1, 2012. The final
offer of employment for “safety” positions will be consistent with the position classifications, salaries and
other terms and conditions of employment provided in the agreementAgreement attached hereto as Exhibit
F.
7.4 Employment Commencing on or before February 1, 2012. If, based on the Class A
pre-employment medical examination, it is uncertain whether a Current Employee with a “disability” as
defined under the Americans with Disabilities Act (42 U.S.C. section 12111 et seq.) and/or the Fair
Employment and Housing Act (California Government Code section 12000 et seq.) can perform the
essential functions of the applicable classification with or without an accommodation, Monterey and such
Current Employee will, between November 16, 2011 and January 31, 2012 take the actions required by the
Americans with Disabilities Act and the Fair Employment and Housing Act to determine whether:
(a) A reasonable accommodation exists that would allow the Current Employee to
perform the essential functions of the applicable classification; and
(b) Such reasonable accommodation would not constitute an undue hardship to
Monterey or the Monterey Fire Department; and
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(c) The Current Employee, even with a reasonable accommodation, could perform the
essential functions of the applicable classification in a manner that would not pose a direct threat to the
health or safety of the Current Employee or others.
Any such Current Employee shall be required to provide consent to provide medical information and
engage in an interactive process with Monterey to the extent necessary for Monterey to determine the
answers to these three questions. If the answers to 7.4(a), 7.4(b) and 7.4(c) are all “yes,” and the Current
Employee has executed a “Waiver and Consent to Transfer” in the form attached as Exhibit E, such person
shall receive a final offer of employment from Monterey to commence on or before February 1, 2012 at 7:45
a.m., which will be consistent with the position classifications, salaries and other terms and conditions of
employment provided in the agreementAgreement attached hereto as Exhibit F.
7.5 Persons Not Receiving Offer to Commence Employment on or Before February 1,
2012. Current Employees for whom the answer to 7.4(a) or 7.4(b) or 7.4(c) is “no” shall not receive a final
offer of employment from Monterey.
7.6 Employment Commencing on or before July 1, 2012. A Current Employee who does
not receive an offer of employment to commence on January 1, 2012, whether such person has a
“disability” or not, may receive an offer of employment to commence on or before July 1, 2012 at 7:45 a.m.
However, this offer shall be conditioned on the Current Employee having (a) been determined by a
physician retained by Monterey within the 30 days preceding the commencement date, which
commencement date shall be no later than 7:45 a.m. on July 1, 2012, to be able to perform the essential
job functions of the applicable classification without any accommodation(s) or, if found to have a “disability”
(as defined above), to be able to perform the essential job functions of the applicable classification with
accommodation, and without posing a threat to the health or safety of himself/herself or to others; and (b)
executed a “Waiver and Consent to Transfer” in the form attached as Exhibit E. If any such Current
Employee with a “disability” requires accommodation, the process described in Section 7.4 shall apply,
provided it shall not extend the commencement date beyond July 1, 2012. Such offer of employment will
be consistent with the position classifications, salaries and other terms and conditions of employment
provided in the agreementAgreement attached hereto as Exhibit F. The additional examination required
under this paragraph shall be a “Class A” examination as provided by the forms attached hereto as Exhibit
D, all costs of which shall be paid for by the Current Employee.
ARTICLE VIII
INDEMNIFICATION AND INSURANCE
8.1 Mutual Indemnification.
(a) Each Party shall indemnify, defend and hold harmless the other Party, to the
extent allowed by law and in proportion to fault, against any and all third-party liability for claims, demands,
costs or judgments (direct, indirect, incidental or consequential) involving bodily injury, personal injury,
death, property damage or other costs and expenses (including reasonable attorneys’ fees, costs and
expenses) arising or resulting from the acts or omissions of its own officers, agents, employees or
representatives carried out pursuant to the obligations of this Agreement.
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(b) Each Party shall protect, defend, indemnify and hold harmless the other Party
(including their officials, employees and agents as the same may be constituted now and from time to time
hereafter) from and against any and all liabilities, losses, damages, expenses or costs, whatsoever
(including reasonable attorneys’ fees, costs and expenses), which may arise against or be incurred by the
other Party as a result of or in connection with any actual or alleged breach of this Agreement by either
Party.
(c) Monterey shall be solely responsible for all third-party liability, including third-party
property damage, caused by the negligence or wrongful acts of Monterey officers, officials, and employees
resulting from Monterey’s operation of Carmel vehicles and equipment, or resulting from maintenance
performed by Monterey pursuant to Section 5.2(c) of this Agreement.
(d) Except for any duties either Party owes to the other pursuant to the provisions of
this Agreement, nothing in this Agreement shall be construed to waive any legal protections or immunities
available to the Parties under state or federal law.
(e) Accordingly, the Parties hereby expressly agree to waive the pro rata risk
allocation contained in California Government Code Section 895.6.
8.2 Mutual Indemnification Obligations Survive Termination. As to activities occurring or
being carried out in performance of this Agreement and during the Term of this Agreement, the obligations
created by Section 8.1 shall survive termination of this Agreement.
8.3 Public Liability and Property Insurance.
(a) Each Party shall maintain in effect, at its own cost and expense, throughout the
Term of this Agreement and any extensions thereof, the following insurance coverage provided either
through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum limits of
$1,000,000 per occurrence and $2,000,000 in the aggregate.
(ii) Auto liability including owned, leased, non-owned, and hired automobiles,
with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(iii) If a Party employs others in the performance of this Agreement, that Party
shall maintain Workers’ Compensation in accordance with California Labor Code section 3700 with a
minimum of $1,000,000 per occurrence for employer’s liability, for the duration of time that such workers
are employed.
(iv) All risk property insurance, excluding earthquake and flood, on all
permanent property of an insurable nature in an amount sufficient to cover at least 100% of the
replacement costs of said property. In any event, Carmel shall maintain property insurance coverage for all
the real property, buildings, equipment and apparatus described in Exhibit A.
(b) All insurance required by this Agreement shall:
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(i) Be placed (1) with companies admitted to transact insurance business in
the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current
A.M. Best rating of no less than A:VII; or (2) disclosed self-insurance with limits acceptable to the other
Party.
(ii) Provide that each Party’s insurance is primary and non-contributing
insurance to any insurance or self- insurance maintained by the other Party and that the insurance of the
other Party shall not be called upon to contribute to a loss covered by a Party’s insurance.
(c) Prior to January 1, 2012, each Party shall file certificates of insurance with the
other Party evidencing that the required insurance is in effect.
8.48.4 Workers’ Compensation Insurance.
8.5 Immunity Preservation. Nothing in this Agreement shall be read as waiving or limiting
any defense to claims of liability otherwise available to fire personnel, and/or public employees, such as the
defense of qualified immunity. Nothing in this Agreement shall be read as intending to create or creating a
higher duty of care on the part of either Carmel or Monterey, or their officers, than would otherwise exist
under existing law and the involved Party’s own policies, practices, and procedures.
ARTICLE IX
MISCELLANEOUS
9.1 Amendments to Agreement. No part of this Agreement shall be altered or amended
without written agreementAgreement of the signatory Parties, except that the following sections of the
Agreement may be amended by mutual written agreementAgreement of the City Manager of Monterey and
the City Administrator of Carmel:
(b) Article III – Facilities and Equipment;
(c) Article IV(a) Section 4.2 – Duties of Monterey under this Agreement unless
such amendment results in a substantive additionalchange in scope of services;
(d) Article V – Duties of Carmel under this Agreement except for Section 5.1;
(e) Article VI – Fees for Services;
(f (b) Sections 6.1 and 6.2 relative to methodology used to establish fees for services
and accounting procedures.
(c) Section 9.4 - Exhibits attached to and incorporated into this Agreement.
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9.2 Assignment. The rights and obligations of the Parties under this agreementAgreement
are not assignable and shall not be delegated without the prior written approval of the other Party’s City
Manager or City AdministratorParties.
9.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a
complete expression of all issues which may arise during the performance of the Agreement. Accordingly,
Monterey and Carmel agree to meet and confer in good faith over any issue not expressly described herein
to the end that Carmel will obtain the best Fire Services possible under the most favorable economic terms
and that Monterey will be fairly and adequately compensated for the services it provides hereunder.
It is the Parties’ intention to avoid the cost of litigation and to resolve any issues that may arise amicably if
possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the
other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved
after that meeting, the Parties agree to mediate the dispute within 30 calendar days of the meeting or as
soon thereafter as possible. The mediator will be chosen by mutual agreementAgreement of the Parties.
The costs of mediation will be borne by the Parties equally. No Party may initiate litigation prior to the
conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled
to recover its actual costs and attorney fees pursuant to California Civil Code section 1717.
9.4 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth
herein:
Exhibit A: Carmel Facilities and Equipment Leased to Monterey . This
Exhibit shall be updated at least annually to include any new real property, buildings, equipment and
apparatus acquired since the previous version, and any real property, buildings, equipment, or apparatus
no longer in service and used to provide services pursuant to this Agreement.
Exhibit B: Carmel RegionalFire Ambulance Property Not Leased to
Monterey. This Exhibit shall be updated at least annually to include any new property acquired since the
previous version, and any property removed from service since the previous version.
Exhibit C: Budget Projection Model
Exhibit D: Class A Pre-Employment Medical Examination Requirements
Exhibit E: Waiver and Consent to Transfer
Exhibit F: Agreement Betweenbetween the City of Carmel, the City of
Monterey, the Carmel Firefighters’ Association and the
Monterey Firefighters’ Association
9.5 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if
delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at
the addresses set forth below or to such other address as may, from time to time, be designated in writing.
To Carmel: City Administrator
City Hall
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Carmel-by-the-Sea, CA 93921
To Monterey: City Manager
Monterey City Hall
580 Pacific Street
Monterey, CA 93940
* * * * * * * * * * * * * * *
* * * * * * * * * * * * * * *
IN WITNESS WHEREOF, the Parties execute this agreementAgreement hereto on the day and the
year first written above.
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:
Jason StillwellStilwell, City Administrator
CITY OF MONTEREY, A Municipal Corporation

Date:
Fred Cohn, Assistant City Manager

MEMORANDUM OF UNDERSTANDING
between the
CITY OF MONTEREY
and the
MONTEREY FIREFIGHTERS ASSOCIATION
( M F F A )
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3707
January 1, 2007 through December 31, 2009

TABLE OF CONTENTS
PAGES
INTRODUCTION & PREAMBLE ......................1
ARTICLES
ARTICLE 1: RECOGNITION ......... 2
ARTICLE 2: UNION SECURITY........................... 3
2.1 Use Of City And Fire Department Facilities ..................... 3
2.2 Union Access................. 3
2.3 Dues Deduction ............................................ 3
2.4 Union Protection ........................... 3
2.5 Representation .................................. 3
2.6 Agency Shop .................................4
2.7 Union Leave Bank........................................4
ARTICLE 3: DAYS AND HOURS OF WORK.................................................. 6
3.1 Work Period....................................................... 6
3.2 Work Cycle............ 6
3.3 Hours Of Emergency Work...................................................... 6
3.4 Changes Of Time........................................................ 6
3.5 Exchange Of Duty Time.................................................. 6
3.6 Overtime ...................................................... 6
3.7 Payment Of City Overtime ...................................................... 7
3.8 Overtime Control Program ...................................................... 8
3.9 Emergency Call Back ............................................................... 8
3.10 Modified Work Schedule .......................................................... 8
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3.11 Work Schedule.......................................................................... 9
3.12 Work Schedule And Standby Time For Deputy Fire
Marshal................................................................................... 10
ARTICLE 4: HOLIDAYS AND COMPENSATORY TIME................................... 11
4.1 Holidays.................................................................................. 11
4.2 In Lieu Options....................................................................... 11
4.3 Maximum Accumulation Of Compensatory And
Holiday Time Off .................................................................... 12
4.4 Use Of Compensatory And Holiday Time Off ....................... 12
4.5 Minimum Leave Events......................................................... 12
ARTICLE 5: VACATION ....................................................................................... 13
5.1 Entitlement ............................................................................ 13
5.2 Selection And Use .................................................................. 13
5.3 Minimum Leave Events......................................................... 13
ARTICLE 6: SICK LEAVE..................................................................................... 14
6.1 Accumulation And Use........................................................... 14
6.2 Family Sick Leave.................................................................. 14
6.3 Bereavement And Critical Illness Leave............................... 14
6.4 Family And Medical Leave Act.............................................. 14
6.5 No Pay Status For LTD ......................................................... 15
6.6 Sick Leave/Industrial Disability Retirement........................ 15
6.7 Cash Out Of Unused Sick Leave ........................................... 15
6.8 Minimum Leave Events......................................................... 15
6.9 Catastrophic Leave ................................................................15
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ARTICLE 7: UNIFORMS....................................................................................... 16
7.1 Uniform Standard .................................................................. 16
7.2 Uniform Allowance................................................................. 16
ARTICLE 8: PROBATION AND STEP ADVANCEMENT .................................. 16
8.1 Probation ................................................................................ 16
8.2 Step Advancement ................................................................. 16
ARTICLE 9: INSURANCE PLAN ......................................................................... 17
9.1 Dental/Orthodontia Insurance............................................... 17
9.2 Vision Care ............................................................................. 17
9.3 Life Insurance......................................................................... 17
9.4 Major Medical Insurance ....................................................... 17
9.5 Non-Elective Contributions/Premiums ................................. 17
9.6 Elective Contributions/HPSF ................................................ 18
ARTICLE 10: SECTION 125 PLAN ........................................................................ 21
10.1 IRS Section 125 Plan.............................................................. 21
10.2 IRS Rules Control................................................................... 21
ARTICLE 11: RETIREMENT.................................................................................. 22
11.1 Public Employees Retirement System (PERS) ..................... 22
11.2 Implementation Of Internal Revenue Code Section
414(H)(2)................................................................................. 22
11.3 City Funded Retirement Health Savings Plan.....................23
11.4 Deferred Compensation--Match Program…………………….23
ARTICLE 12: SALARY ............................................................................................ 24
12.1 Salary...................................................................................... 24
12.2 Emergency Medical Technician (EMT) Differential Pay...... 24
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12.3 Educational Incentive Pay..................................................... 24
12.4 Out of Class Pay ..................................................................... 25
12.5 Total Compensation ...............................................................27
ARTICLE 13: WELLNESS ...................................................................................... 28
13.1 Sports Center Pass................................................................. 28
13.2 Physical Fitness Program...................................................... 28
13.3 No Smoking Policy ................................................................. 28
13.4 Substance Abuse .................................................................... 29
13.5 Physical Exams ......................................................................29
ARTICLE 14: MISCELLANEOUS PROVISIONS.................................................. 30
14.1 Exhibits................................................................................... 30
14.2 Hiring Of Chief Officers ......................................................... 30
14.3 OES Response ........................................................................ 30
14.4 Safety Equipment................................................................... 30
14.5 Tuition Reimbursement ......................................................... 30
14.6 Prepaid Legal Services........................................................... 30
14.7 Automatic Aid Response To Emergency Incidents ............... 30
14.8 Labor Management Committee…………………………...……31
14.9 Nepotisim…………………………………………………………..32
14.10 Notice Regarding Promotions…………………………………...32
ARTICLE 15: PERSONNEL RULES AND REGULATIONS ................................ 33
15.1 Layoff Policy ...........................................................................34
15.2 Promotions..............................................................................34
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ARTICLE 16: SEPARABILITY OF PROVISIONS................................................. 33
16.1 Savings Clause ....................................................................... 33
16.2 Binding On Successor ............................................................ 34
ARTICLE 17: RIGHTS............................................................................................. 35
ARTICLE 18: TERM ................................................................................................ 36
18.1 Term........................................................................................ 36
18.2 City Ratification ..................................................................... 36
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EXHIBITS
A - 2008 Shift Calendar
B - Fire Department Policy 123.104 re: Time (Shift) Trades
C - Fire Department Policy 123.103 re: Time Off Use
D - Fire Department Policy 121.101 re: Uniforms
E - Physical Fitness Program
F - Fire Department Policy 642.101 re: No Smoking
G - Substance Abuse Policy
H - NFPA 1500 Excerpts
I - Fire Department Policy 232.101 re: Work Schedule
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MEMORANDUM OF UNDERSTANDING
between the
CITY OF MONTEREY
and the
MONTEREY FIREFIGHTERS ASSOCIATION
(MFFA)
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 3707
January 1, 2007 through December 31, 2009
This Memorandum of Understanding made, and entered into on May 30, 2007, by
and between the designated representatives of the City of Monterey (a public
agency, as defined in Sec. 3501(c) of Chapter 10 of Division 4 of Title 1 of the
Government Code of the State of California), hereinafter referred to as “City,” and
the designated representatives of the Monterey Firefighters Association,
International Association of Fire Fighters Local 3707, Incorporated (a recognized
employee organization, as defined in Sec. 3501(b) of Chapter 10 of Division 4 of Title
1 of the Government Code of the State of California), hereinafter referred to as
“Union.” City and Union recognize all members of the Monterey Fire Department in
the rank of Fire Fighter, Fire Engineer, Fire Captain, and Deputy Fire Marshal
herein referred to as “employees,” are governed by this Agreement.
Whereas, the parties hereto desire to facilitate the peaceful adjustment of
differences that may from time to time arise between them to promote harmony and
efficiency to the end that City, Union, and the general public may benefit therefrom,
and to establish fair and equitable wages, hours, and working conditions for certain
hereinafter designated employees of City.
PREAMBLE
The parties acknowledge the provisions of Chapter 10 (Sec. 3500, et seq.) of Division
4 of Title 1 of the Government Code of the State of California.
The parties have met and conferred in good faith and have reached agreement on
procedures set forth in this Memorandum of Understanding for resolution of
disputes between the parties. The parties agree they will follow those procedures as
set forth in this Memorandum of Understanding and the bargaining process
required by the Meyers-Milias-Brown Act. Union and City agree to these
established procedures.
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ARTICLE 1: RECOGNITION
Pursuant to the Monterey City Code section 25-16.09 the City recognizes the
Monterey Fire Fighters Association, Local 3707 as the majority representative of all
employees regularly employed by the City in the Monterey Fire Department with
the rank of Fire Fighter, Fire Engineer, Fire Captain, and Deputy Fire Marshal and
any other classification added into the representation unit by resolution of the City
Council.
.
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ARTICLE 2: UNION SECURITY
2.1 Use Of City And Fire Department Facilities
Union shall be allowed use of space on available Fire Department bulletin
boards for communications having to do with official organization business,
provided such use does not interfere with the needs of the Fire Department.
City buildings and Fire Department facilities may be made available for use
by Union or its representatives in accordance with such administrative
procedures as may be established by City. Use of City electronic equipment
shall be in accordance with the City’s Telecommunication Policy as it relates
to personal use.
2.2 Union Access
City agrees to grant official representatives of Union access to discuss
employer-employee relations or grievances arising under the terms and
conditions of this agreement with represented employees during working
hours. It is agreed that there will be no interference by Union’s shift
representative during the work hours of such employees. No more than one
shift representative at a time will be allowed time off for purposes of
representation unless consent is given from the Fire Chief, or designee.
2.3 Dues Deduction
The represented employees of Union shall have the right to have their
regular Union dues deducted from their paychecks at no cost, subject to the
provisions of Monterey City Code Section 25-16.14, entitled “Dues
Deduction.”
2.4 Union Protection
City and Union will not interfere with, intimidate, restrain, coerce, or
discriminate against any employee because of his/her membership or nonmembership
in Union or his/her lawful activity on behalf of Union.
2.5 Representation
Any employee, at his or her request, will be permitted to have a
representative of their choice, who is available within a reasonable period of
time, accompany or represent him or her when formal disciplinary action is
anticipated or is the focus of any meeting or discussion. The term “formal
disciplinary action” does not include reprimands, counseling, or similar
actions. Formal discipline is defined as: suspension, pay reduction, demotion,
discharge, or any combination of these actions. This Section does not
supersede any other rights due to an employee for disciplinary actions.
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2.6 Agency Shop
The Union shall continue to provide an agency shop provision in this MOU.
The following language shall apply:
As a condition of continued employment, employees in the bargaining unit
must either join the Monterey Fire Fighters Association (MFFA), Local 3707,
or pay to MFFA, Local 3707 a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of the
organization.
As provided in Government Code section 3502.5 (b) MFFA Local 3707 shall
indemnify and hold the City harmless against any liability arising from any
claims, demands or other action relating to the City’s compliance with the
agency fee obligation.
Pursuant to the rules established in Government Code section 3502.5(d) this
agency shop provision may be rescinded by a majority vote of all the
employees in the unit.
2.7 Union Leave Bank
2.7.1 Transfer of accrued leave to Union Leave Bank: Effective the first full
pay period in July of each year, each active bargaining unit employee will
contribute to the Union Leave Bank by reducing his/her vacation accrual by
eight (8) hours in the first pay period in July. The contribution will be
credited to the Union Leave Bank. If, at the end of any fiscal year, the Union
Leave Bank has a balance of more than 350 hours, the exchange of hours
described above will not occur for that fiscal year.
Employees hired during the year will have no deduction until the following
fiscal year’s leave bank transfer. Employees separating employment during
the year will receive no credit for or return of the hours contributed to the
Union Leave Bank.
2.7.2 Carry over of unused funds: If there are any unused hours in the Leave
Bank at the end of the fiscal year, these amounts will carry over of unused
hours to the following year.
2.7.3 Usage of the Union Leave Bank: When a bargaining unit employee has
received the appropriate approval to be absent from his/her scheduled shift(s)
to attend conferences related to firefighter or public safety issues or other
union-related function, payment of the employee(s) covering for the shift(s),
at the applicable regular or overtime rate, will be made, hour for hour, from
the Union Leave Bank. The employee absent from work on union business
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shall receive pay for their regularly scheduled shift, as such absence shall be
recorded as paid Union Leave.
2.7.4 Authorization for use of the Union Leave Bank: Union Leave Bank may
be utilized for scheduled work absences contingent upon the following:
1. Absence is for a union authorized event or purpose
2. Use of Union Leave bank for absence has prior written approval of an
authorized union official
3. Sufficient balance exists in Union Leave Bank to reimburse the City for
the absence at applicable regular and overtime coverage
4. Absence is approved in writing by shift Division Chief
Approval for use of the leave will be denied if there are insufficient hours in
the Leave Bank to pay for the coverage of shifts during the proposed absence.
Shift Coverage: The Division Chief shall secure a replacement to cover the
shifts resulting from an approved Union Leave absence, pursuant to the
current practice for obtaining shift replacements. In the event Union Leave is
sought at a time when there are inadequate hours in the leave bank to cover
the leave, employees may seek a shift-trade, vacation or comp-time in
accordance with current policy and practice.
2.7.5 Time Card Coding: Employees absent on Union Leave and employees
covering for employees absent on Union Leave shall code their time cards
accordingly.
2.7.6 Disclaimer of Liability: The City assumes no responsibility for how the
leave time is used. Time spent on Union Leave is not considered time
worked for purposes of worker’s compensation or any other purpose and the
Union shall indemnify and defend the City for any claim that arises in whole
or part from the activities of employees utilizing such leave.
2.7.7 Overtime: Time spent on Union Leave is not counted as time worked for
purposes of calculating City or FLSA overtime. Time spent by employees
covering for those on Union Leave is counted as time worked for purposes of
overtime.
2.7.8 No Waiver of Rights: Nothing in this section shall supercede the Fire
Chief’s duty to maintain management control over shifts to ensure that the
daily operation of the Fire Department and emergency situations are
adequately covered.
2.7.9 Sunset Clause: This section 2.7 shall expire June 30, 2010, unless
extended by mutual agreement of the parties in a subsequent MOU.
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ARTICLE 3: DAYS AND HOURS OF WORK
3.1 Work Period
With the three-four schedule, described in Section 3.2 below, the work period
for purpose of Fair Labor Standards Act (FLSA) shall be nine (9) days, calling
for sixty-eight (68) hours.. The regular on-duty twenty-four (24) hour work
period shall start at 7:45 a.m. (0745) and conclude twenty-four (24) hours
later at 7:45 a.m. (0745) the following day.
3.2 Work Cycle
The work cycle shall be a three (3) Platoon A, B, C shift, averaging fifty-six
(56) hours per week, with three (3) alternating twenty-four (24) hour shifts on
duty, then four (4) consecutive days off repeating (commonly known as a
“three-four schedule”), thereafter, per the chart below:
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3.3 Hours Of Emergency Work
All employees in the classifications covered under Article 1 shall render
emergency service on a twenty-four (24) hour on-duty basis without
interruption.
3.4 Changes Of Time
All employees in the classifications covered under Article 1 shall continue to
work their duty shifts during the time changes from Standard Time to Day
Light Savings Time and back again until they are relieved by on-coming shift
personnel without any changes in total compensation.
3.5 Exchange Of Duty Time
The trading of time between Fire Department employees covered under the
terms and conditions of this Agreement shall be in compliance with Monterey
Fire Department Administrative Policy No. 123.104, attached as Exhibit “B.”
Trades must be made in a minimum of four continuous hours.
3.6 Overtime
Overtime is authorized time worked outside the work schedule as identified
in Section 3.2. Overtime shall be granted, worked, documented, and
compensated under the provisions of Monterey City Code Section 25-11.05
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and this Agreement. It is agreed there will be no change regarding current
practice for overtime except as provided in this Agreement.
3.6.1 Calculating Regular City Overtime
For purposes of calculating overtime under City’s overtime rules,
the work period shall be defined as calling for one hundred twenty
(120) hours. Any time in a pay status, defined as including sick
leave, vacation, CTO, holiday or disability sick leave, will be
counted in calculating overtime under City’s system.
For purposes of calculating overtime under City’s overtime rules,
during any period that the three-four schedule is in place under
Section 3.2, the work period shall be defined as calling for seventytwo
(72) hours. Any time in a pay status, defined as including sick
leave, vacation, CTO, holiday or disability sick leave, will be
counted in calculating overtime under City’s system.
3.6.2 Calculating FLSA Overtime
For purposes of calculating overtime under FLSA, any hours in a
pay status based on sick leave, vacation, compensatory time off,
holiday, or disability leave shall be deducted from the pay status.
This shall be interpreted to mean that an employee must work in
excess of one hundred fourteen (114) hours during a work period in
order to be eligible for overtime compensation under the FLSA.
For purposes of calculating overtime under FLSA, during any
period that the three-four schedule is in place under Section 3.2,
any hours in a pay status based on sick leave, vacation,
compensatory time off, holiday, or disability leave shall be deducted
from the pay status. This shall be interpreted to mean that an
employee must work in excess of sixty-eight (68) hours during a
work period in order to be eligible for overtime compensation under
the FLSA.
3.6.3 Overtime Hiring for Platoon Staffing
Overtime hiring for Platoon Staffing is contained in Monterey Fire
Department Policy number 124.102.
3.7 Payment Of City Overtime
City shall pay City Overtime (as differentiated from FLSA Overtime) on the
payday after the pay period in which the overtime was earned. Any employee
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who receives an overpayment of City overtime shall be required to refund the
overpayment to City, or City shall reduce the amount paid to the employee on
the next payday by the amount of the overpayment.
3.8 Overtime Control Program
In order to reduce non-emergency overtime expenses, Union and City agree to
the current practice referenced in Monterey Fire Department Administrative
Policy 123.103, attached as Exhibit “C.”
3.9 Emergency Call Back
Emergency call back is defined as beginning when an employee is called back
to duty, while not on duty, for purposes of responding to an emergency or
providing backup for personnel responding to an emergency and ending when
the employee is released from duty (e.g., the scene or the station).
The minimum compensation for emergency call back is two (2) hours at the
fire call rate. The two (2) hour minimum includes travel time.
3.10 Modified Work Schedule
When an employee who regularly works a fifty-six (56) hour work week is
assigned to a forty (40) hour work week, all leave banks and accrual rates
shall remain at the fifty-six (56) hour level. If an employee who accrued leave
based on a fifty-six (56) hour work week uses leave time while assigned to a
forty (40) hour work week, the amount of leave time charged will be
multiplied by 1.4 and deducted from the employee’s leave bank, to be
consistent with the fifty-six (56) hour accrual basis. This Section is
applicable to all employees except the Deputy Fire Marshal, whose time
conversion is addressed in Section 3.12.
3.10.1 Modified Work Schedule In Lieu Of Sick Leave
If an employee suffers an injury or illness that prevents the
employee from performing the essential functions of his or her job,
with or without reasonable accommodation, and does not wish to
use sick leave for the recuperation period, the employee may be
assigned to a forty (40) hour duty week at the discretion of the Fire
Chief, or designee, at his/her request without loss or modification of
any rights, benefits, salary, accrual rates, or other total
compensation items covered in this Memorandum of Understanding
or other City ordinances relating to Fire Department shift
personnel.
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3.10.2 Modified Work Schedule For Industrial Injury/Illness
City, at its option, may assign an employee suffering from an
industrial injury or illness from a fifty-six (56) hour week to a forty
(40) hour week at the discretion of the Fire Chief, or designee. This
determination shall accommodate the physical or mental
limitation(s) and restriction(s) placed upon the employee by a
medical provider, balanced with the needs of City, as determined by
the Fire Chief. Disabled employees shall be accommodated in
accordance with the law. Employees so assigned will not lose any
rights, benefits, salary, accrual rates or other total compensation
items covered in this Memorandum of Understanding or other City
ordinances relating to Fire Department shift personnel.
3.10.3 Modified Work Schedule For Training
City has an option to temporarily reassign shift personnel to a forty
(40) hour duty week for purposes of Fire Department sanctioned
training classes provided the following criteria are met:
(1) Maximum duration of training shall not exceed fifteen (15)
days;
(2) A minimum of thirty (30) days prior notification of proposed
training;
(3) Personnel assigned to training shall do so without loss or
modification of any rights, benefits, salary, accrual rates, or
other compensation items covered in this Memorandum of
Understanding or other City ordinances relating to Fire
Department shift personnel.
3.11 Work Schedule
City and Union acknowledge there are no past practice constraints or
maximums concerning work schedules within a twenty-four (24) hour shift.
City and Union acknowledge City, through its managers and supervisors, can
schedule work activities based upon departmental objectives, priorities and
standards, as deemed appropriate by the Fire Chief. The development of
such daily schedules will be the responsibility of the Station Captain or
Acting Captain, subject to the review and approval of the Fire Chief or
his/her designated representative, as indicated in Monterey Fire Department
Administrative Policy 232.101, attached as Exhibit “I.”
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3.11.1 Meal Periods during Training
The Monterey Fire Department will, when possible, schedule a onehour
lunch on days when training occurs. If training occurs off-site,
a maximum of 20 minutes travel time will be added before and/or
after each meal period, when possible, provided that the employee
is required to be away from the station for training immediately
before or after the meal period. In an emergency response situation,
this section will not apply.
3.12 Work Schedule And Standby Time For Deputy Fire Marshal
The work period for a Deputy Fire Marshal for purposes of the FLSA shall be
seven days calling for forty (40) hours. The regular workweek shall start at
12:01 a.m. Sunday and end at 12:00 p.m. the following Saturday. The regular
workweek assignment for the Deputy Fire Marshal shall be Monday through
Friday, 8:00 a.m. to 5:00 p.m. Working hours are subject to change to meet
the Department’s needs, including evenings and weekends.
Sick, vacation, and holiday leave will be accrued and used based on a forty
(40) hour schedule. If an employee in the Deputy Fire Marshal classification
has accrued leave based on a fifty-six (56) hour work week, and wishes to use
such leave while working a forty (40) hour schedule, the time shall be
converted from a fifty-six (56) hour base to a forty (40) hour base using a
conversion factor of 1.4.
When the Fire Chief or designee requires the Deputy Fire Marshal to be on
standby, the employee shall earn twenty-five dollars ($25.00) per day for such
standby duty.
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ARTICLE 4: HOLIDAYS AND COMPENSATORY TIME
4.1 Holidays
The City of Monterey has a schedule of thirteen (13) paid holidays listed
below:
• The first day of January (New Year’s Day)
• The third Monday of January (Dr. King’s Birthday)
• The third Monday of February (President’s Day/Washington’s
Birthday)
• The last Monday of May (Memorial Day)
• The fourth of July (Independence Day)
• The first Monday of September (Labor Day)
• The ninth day of September (Admission’s Day)
• The eleventh day of November (Veteran’s Day)
• The fourth Thursday of November (Thanksgiving Day)
• The day following Thanksgiving Day
• The twenty-fifth day of December (Christmas Day)
• The working day immediately preceding Christmas Day
• The working day immediately following Christmas Day
• Any additional holidays granted by the City Council, outside the meet
and confer process, for all full-time City employees.
4.2 In Lieu Options
In lieu of the above holidays, all employees shall be entitled to the following
holiday leave or pay option:
The employee may elect to either receive compensatory time off or pay for the
holidays. Holidays will be accrued at the rate of thirteen (13) hours per
month or paid at the rate of eight (8) hours forty (40) minutes per month at
the employee’s forty (40) hour rate of pay. All holiday time shall be paid
unless the employee elects to accrue holiday time subject to the provisions of
Section 4.3. The employee may elect semi-annually (during the months of
January and July) to change their selection between pay or time off.
Holiday accruals will occur during the last pay period of the month and will
be reflected in the month end leave balance report. Holiday pay will be
processed during the last pay period of the month and will be reflected on the
10th of the following month’s paycheck. Holiday time cannot be accumulated
in blocks less than 8.67 hours (full month's accrual rate). If employee’s
compensatory/holiday leave bank as of the 15th of the month exceeds 119.33
hours, the employee shall receive pay for their holiday time for that month.
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Holiday benefits will be pro-rated for new or separating employees. The
employee will receive the holiday benefit for the month so long as the major
portion of the month is worked or in a pay status.
4.3 Maximum Accumulation Of Compensatory And Holiday Time Off
The combined maximum accrual of compensatory and holiday time off shall
not exceed one hundred twenty eight (128) hours. The employee shall have
the option of receiving pay or compensatory time off for overtime and holiday
time, subject to the principles described in Section 4.4 of this Agreement and
Monterey Fire Department Administrative Policy 123.103, attached as
Exhibit “C.” If the employee does not notify the Fire Department of their
selection between pay or compensatory/holiday time off before payroll is
submitted to the Accounting Division for the pay period in question, then the
overtime hours will be paid. Holiday time selection between paid and
accrued time shall be controlled by Section 4.2 of this Agreement. Should the
employee’s compensatory/holiday time off balance be at the maximum of one
hundred twenty eight (128) hours, all overtime or holiday time earned above
the maximum shall be paid to the employee.
4.4 Use Of Compensatory And Holiday Time Off
The use of compensatory and holiday time off shall be in accordance with
Monterey Fire Department Administrative Policy 123.103, attached as
Exhibit “C” and Section 4.2 of this Agreement.
4.5 Minimum Leave Events
The minimum leave that can be taken by an employee for all leave events
shall be four (4) continuous hours.
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ARTICLE 5: VACATION
5.1 Entitlement
All full time personnel shall accrue annual vacation leave at the rates
provided below:
Years of 40 Hour Week 56 hour week
Continuous Annual Annual
Service Accrual Accrual
First 5 years 2 weeks 112 hours
After 5 years 3 weeks 168 hours
After 10 years 17 days 190 hours
After 15 years 4 weeks 224 hours
After 20 years 23 days 256 hours
Employees moving between a 40-hour per week and a 56-hour per week
schedule convert vacation balances using a conversion factor of 1.4.
Rules pertaining to accrual and use of vacation are contained in the City’s
Personnel Rules found at Monterey City Code section 25-12.01.
5.2 Selection And Use
The selection and use of vacation hours shall be in accordance with Monterey
Fire Department Administrative Policy No. 123.103, attached as Exhibit “C.”
5.3 Minimum Leave Events
The minimum leave that can be taken by an employee for all leave events
shall be four (4) continuous hours, except for educational purposes, as defined
by the meet and confer with the Labor Management Committee.
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ARTICLE 6: SICK LEAVE
6.1 Accumulation And Use
Sick leave shall accrue at the rate of twelve (12) hours per month, if the
employee works the major portion of the month, and use shall be in
accordance with Monterey City Code Section 25-12.02 and Monterey Fire
Department Policy 123.103, attached as Exhibit “C.” Sick leave shall not be
used for non-emergency appointments.
6.2 Family Sick Leave
A represented employee may use up to half (seventy-two (72) hours for shift
employees and forty-eight (48) hours for the Deputy Fire Marshal) the
amount of sick leave the employee accrues on an annual basis to attend to an
illness of the employee’s immediate family member as defined by the City
Personnel Rules in Section 25-12.02(d). Employees who are assigned to
modified duty in accordance with Section 3.10 shall be entitled to use up to
seventy-two (72) hours of sick leave to attend to an illness of the employee’s
immediate family member as defined by the City Personnel Rules in Section
25-12.02(d), and shall have their leave banks deducted in accordance with
Section 3.10.
This Section does not extend the maximum period of leave to which an
employee is entitled under the Family and Medical Leave Act of 1993
(29 U.S.C. Section 2606, et seq.), the California Family Rights Act
(Government Code Section 12945.2), and City policies implementing these
Acts regardless of whether the employee receives sick leave compensation
during that leave.
6.3 Bereavement And Critical Illness Leave
The use of sick leave for Death or Critical Illness of an immediate family
member shall be in accordance with Monterey City Code Section 25-12.02(e)
and Monterey Fire Department Policy 123.103, attached as Exhibit “C.” Sick
leave for critical illness is limited to forty-four (44) hours and forty-five (45)
minutes on the shift schedule (32 hours for the Deputy Fire Marshal) and for
bereavement leave is limited to fifty-six (56) hours on shift schedule (40 hours
for the Deputy Fire Marshal) in a calendar year.
6.4 Family And Medical Leave Act
Represented employees are eligible for leave under the Federal Family and
Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
The provisions of this Agreement, City Personnel Rules, and Fire
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Department policies shall be applied in conformance with the FMLA and the
CFRA.
6.5 No Pay Status For LTD
An employee may elect after sixty (60) calendar days not to use sick leave for
an illness or injury and go into a no pay status with City. The intent of this
provision is to permit an employee to coordinate the treatment of their pay
status by City with the benefits of a Union provided long term disability
(LTD) insurance plan.
6.6 Sick Leave/Industrial Disability Retirement
Upon either City’s approval of an employee’s application for industrial
disability retirement, or upon City’s independent determination that a
represented employee is industrially disabled, the represented employee shall
not be entitled to use any remaining sick leave, and any remaining sick leave
balance in the represented employee’s account shall be cancelled. This
provision is intended to exercise City’s rights under Government Code
Section 21163.2. Represented employees employed in a represented
classification prior to March 1, 2000, shall not be covered by this Section.
6.7 Cash Out Of Unused Sick Leave
An employee with at least twenty (20) years of Monterey Fire Department
service who retires on a regular, non-disability retirement may “sell back” up
to forty percent (40%) of the employee’s unused accumulated sick leave. City
shall pay for the sick leave at the base rate of pay on the day of retirement.
Any sick leave days an employee “sells back” under this Section shall not be
converted to additional service credit under Section 11.1.2 of this Agreement.
6.8 Minimum Leave Events
The minimum leave that can be taken by an employee for all sick leave
events or Labor Code 4850 leave shall be fifteen (15) minutes.
6.9 Catastrophic Leave
The City maintains a Catastrophic Leave program that allows employees to
donate accrued vacation, holiday or compensatory time to eligible employees
suffering a catastrophic illness or injury. The Catastrophic Leave program is
outlined in the City’s Personnel Rules found at Monterey City Code section
25-12.11. For employees working a 56-hour schedule, the hours referred to in
section 25-12.11 c 5 regarding maximum hours, initial leave time hours and
balance threshold hours to receive additional time shall be multiplied by a
factor of 1.4.
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ARTICLE 7: UNIFORMS
7.1 Uniform Standard
The Uniform Standard shall comply with the Monterey Fire Department
Administrative Policy, attached as Exhibit “D.” This policy may be modified
by the Labor/Management Committee during the term of this agreement.
7.2 Uniform Allowance
The City shall continue to provide Uniform Allowance pay in the following
sums and the Uniform Allowance shall be payable under the provisions of
appropriate City ordinances.
January 1, 2007: $75/month
January 1, 2008: $90/month
ARTICLE 8: PROBATION AND STEP ADVANCEMENT
8.1 Probation
Probationary rights shall be in accordance with Monterey City Code Section
25-10.05.
8.2 Step Advancement
Step advancement will be in accordance with Monterey City Code Section 25-
5.05(b).
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ARTICLE 9: INSURANCE PLAN
The following is a brief summary of insurance benefits. To the extent that the
insurance programs detailed below continue to be available, City will continue to
offer these programs. Employees should refer to the plan documents for a complete
description of benefits, coverage and limitations. If, during the term of this
agreement, a change in insurance plans or coverage is necessary, City shall provide
notice thirty (30) days in advance, and, upon request, meet with representatives of
Union.
9.1 Dental/Orthodontia Insurance
City shall provide an annual maximum of $2,500 dental coverage per covered
individual (employee and dependents). Dental sealant is included as part of
this basic coverage. Lifetime maximum orthodontia coverage of $3,000 shall
be provided for each individual covered by this plan (employee and
dependents).
9.2 Vision Care
City will continue to provide vision care coverage for employees and
dependents.
9.3 Life Insurance
City will continue to provide a $10,000 Term Life Insurance and Accidental
Death and Dismemberment Policy for each employee covered by this
agreement.
Additional Term Life Insurance may be purchased by each employee through
payroll deductions in increments of $10,000 up to at least $50,000 life
insurance coverage. In accordance with IRS regulations, only premiums for
up to $40,000 of employee purchased term life insurance may be paid on a
pre-tax basis. The purchase of additional insurance shall be in accordance
with payroll deduction procedures established by the Finance Director and
the underwriting requirements of the insurance carrier.
9.4 Major Medical Insurance
The provisions of this plan require participation by Union in the Public
Employees Medical and Hospital Care Act (PEMHCA).
9.5 Non-Elective Contributions/Premiums
During the term of the contract, City’s contribution to insurance coverages
will be as outlined below. Employees shall not have the option of using these
contributions for any other purpose. During the term of the contract, should
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the dental (employee only premium), vision and/or life non-elective
contributions/premiums increase, City will pay these increases. Should,
during the term of this agreement, the non-elective contributions/premiums
for dental (employee only premium), vision, and/or life decrease, City shall
retain the savings from the decrease. The non-elective contribution/premium
toward the medical will be the following:
January 1, 2007: $80.80 per month per employee
January 1, 2008: $97.00 per month per employee
Effective January 1, 2009, and in accordance with State Law, the nonelective
contribution/premium paid by the City toward the medical for
active employees shall be adjusted annually by the PERS board to
reflect any change to the medical care component of the Consumer
Price Index and shall be rounded to the nearest dollar.
Plan Amount
1. Medical - Applied toward premium - $80.80mo/employee,
increasing to the amounts shown above on the effective
dates above.
2. Dental - Employee only premium
3. VisionEmployee & dependents
4. Life - Basic $10,000 policy
9.6 Elective Contributions/HPSF
City will contribute a monthly sum to the employee’s Health Plan Spending
Fund (HPSF), which shall be adjusted annually to the following monthly
amount based on the employee’s participation status in City sponsored
medical health insurance plans:
Coverage January 1, 2007 Monthly
Employee Opts Out Of Medical $452.17
Employee Only $540.17
Employee Plus One $841.17
Employee Plus Two $988.00
Coverage January 1, 2008 Monthly
Employee Opts Out Of Medical $452.17
Employee Only $540.17
Employee Plus One $912.00
Employee Plus Two $1,084.00
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Coverage January 1, 2009 Monthly
Employee Opts Out Of Medical $452.17
Employee Only $540.17
Employee Plus One $1,022.00
Employee Plus Two $1,228.00
The amounts above may be applied to the following:
(1) Medical coverage for themselves and dependents under PEMHCA;
(2) Dependent dental coverage;
(3) Additional term life insurance to the limits described in section 9.3;
(4) To make contributions toward dependent care as described in Section
10 of this agreement;
(5) To make contributions toward flexible spending as described in Section
10 of this agreement; and/or
(6) To take any unused cash value after selecting from the above options
as taxable cash-in-lieu.
City has agreed to increase its contributions to employees’ Health Plan Spending
Fund effective January 1, 2007. City did not begin paying the increased amounts
on January 1, 2007, because this Agreement was not yet final. Accordingly, for the
pay dates from January 10, 2007, through July 10,2007, City shall pay each
employee a one-time lump sum amount equal to the difference between the amount
that City actually paid to the employee’s Health Plan Spending Fund during the
pay dates from January 10, 2007, through July 10, 2007, and the amount that City
would be obligated to pay to the employee’s Health Plan Spending Fund during that
same time period under this Agreement. This lump-sum payment shall satisfy the
City’s obligation to provide increased contributions to employees’ Health Plan
Spending Fund for the pay dates from January 10, 2007, through July 10, 2007.
The one-time lump sum payment shall not be incorporated into the employee’s
compensation reported to CalPERS. Lump sum payments shall be calculated as
follows, based on the employee’s participation status in City sponsored medical
health insurance plans:
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Coverage
Category
New Agreement
Monthly Payments
(Effective January
1, 2007)
Prior Agreement
Monthly Payments
Monthly
Difference
Difference
Multiplied
By ___6.5___
Employee
Opts Out Of
Medical
$452.17 $452.17 $0 $0
Employee
Only
$540.17 $540.17 $0 $0
Employee
Plus One
$841.17 $783.00 $58.17 $378.11
Employee
Plus Two
$988.00 $933.00 $55.00 $357.50
Not to be confused with the non-elective contributions contained in Section 9.5, any
increases in PEMHCA rates will be paid by the employee through cash-in-lieu
and/or salary deduction. Decreases in PEMHCA rates will remain in cash-in-lieu.

ARTICLE 10: SECTION 125 PLAN
10.1 IRS Section 125 Plan
Employees may elect to participate in three Section 125 programs offered by
City. The available programs are Premium Conversion, Dependent Care, and
Flexible Spending Account. Each of these programs will be administered in
accordance with the IRS Code. Employees will pay any administration fee for
this service through payroll deductions. The Flexible Spending Account
carries a maximum participation of five thousand dollars ($5,000) per
employee, per calendar year.
For purposes of information, the following is a description of premium conversion,
dependent coverage, and flexible spending account.
Premium Conversion: Permits payment of health insurance
premiums subject to salary deduction with
pre-tax income.
Dependent Care: Permits payment of eligible dependent care
expenses (minor and/or adult) with pre-tax
income.
Flexible Spending Account: Permits payment of eligible health care
expenses not reimbursed by health insurance
with pre-tax income.
10.2 IRS Rules Control
The above descriptions are not intended to supersede current Internal
Revenue definitions or how these definitions may change from time to time.
The descriptions are for informational purposes only.
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ARTICLE 11: RETIREMENT
11.1 Public Employees Retirement System (PERS)
11.1.1 3% At 50 Plan
The City will continue to provide the 3% at 50 Public Employees
Retirement System (PERS) safety retirement plan for each
represented employee.
11.1.2 Credit For Unused Sick Leave
As permitted by California Government Code Section 20965, an
employee who retires may convert up to one hundred percent
(100%) of the employee’s unused accumulated sick leave to
additional service credit at the rate of 0.004 years of service credit
for each day of unused sick leave (i.e. 250 days of sick leave equals
one additional year of service credit.)
If an employee elects to convert unused accumulated sick leave to
additional service credit, those sick leave days shall not be “sold
back” under Subsection 6.7 of this Agreement.
11.1.3 1959 Survivor Benefits
Each represented employee shall be enrolled in the PERS 1959
Survivor Benefit, Indexed Level.
As required by Government Code Sections 21380-21387, including
Section 21382.4, and related PERS regulations, each represented
employee shall contribute any required PERS member contribution
toward the cost of this benefit.
11.2 Implementation Of Internal Revenue Code Section 414(H)(2)
City shall make the employer contribution to PERS for each employee, and
each employee will pay his/her own member contribution, with state and
federal income tax on the member contribution deferred to the extent allowed
by the Internal Revenue Code 26 USC Section 414(h)(2). During the term of
this Agreement, City shall pay for any increase in the employer rate and
shall retain any savings from a decrease in the employer rate and for
contribution credits (rebates) from PERS.
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11.3 City Funded Retirement Health Savings Plan
Effective January 1, 2007, the City will contribute $50.00 per month per employee
to the Retirement Health Savings Plan (RHSP). The City’s contribution and related
investment results will then be provided to the employee upon separation, or
retirement, as long as the employee reaches 10 years of City service.
If an employee does not reach at least 10 years of City service or more, the City’s
contribution and investment results shall return to the City to offset further
contribution costs. If the employee chooses to contribute his/her own funds to the
RHSP, the employees funds and related investment results shall be available to the
employee upon separation regardless of vesting.
Disclaimer
The above descriptions are not intended to supersede current Internal Revenue
Service regulations or how these regulations may change from time to time. These
Internal Revenue Service regulations may affect the City’s ability to provide this
program. Further, this section would be subject to the rules and restrictions of the
City’s RHSP provider, currently ICMA. The descriptions are for informational
purposes only.
11.4 Deferred Compensation—Match Program
Effective January 1, 2008, the City will match up to $12.50 per pay
period ($25.00 per month) of an employee’s contribution to a City
authorized Deferred Compensation Plan authorized under Internal
Revenue Code Section 457. The combined contribution between the
City's and the employee's contribution to the City's Deferred
Compensation Plan(s) cannot exceed the maximum permitted by law.
This section shall become effective the first full pay period after an
employee submits the paperwork for the matching deduction to the
payroll.
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ARTICLE 12: SALARY
12.1 Salary
During the term of this Agreement, the following increases to base salary
shall be made to the classifications of Fire Fighter, Fire Engineer, Fire
Captain, and Deputy Fire Marshal in accordance with the procedures
established by the Finance Director:
Effective January 1, 2007, the base salary for represented employees shall be
increased by thirteen percent (13%).
Effective January 1, 2008, the base salary for represented employees shall be
increased by three and one-quarter percent (3.25%).
Effective January 1, 2009, the base salary for represented employees shall be
increased by three and one-quarter percent (3.25%).
12.2 Emergency Medical Technician (EMT) Differential Pay
All represented employees hired after August 3, 2004 are required to obtain
and maintain Emergency Medical Technician (EMT) certification as a
condition of employment. The City will provide on-site training at its
expense; however, for off site training the Fire Chief’s approval is need
All represented employees who have and maintain an Emergency
Medical Technician (EMT) certification shall receive a 5% salary
differential. City agrees to provide EMS training required to maintain
EMT certification during work hours.
12.3 Educational Incentive Pay
12.3.1 Grandparented Educational Incentive Pay
12.3.1 (1) Entitlement And Rate Of Compensation
The entitlement and compensation of Educational
Incentive Pay (EIP) shall be in accordance with the
provisions of Monterey City Code Section 25-11.07.
12.3.1 (2) Eligibility
All employees hired prior to October 1, 1990, will
continue to be eligible to participate in the Educational
Incentive Program. Employees hired by City after
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October 1, 1990, will not be eligible to participate in
the Educational Incentive Program.
12.3.2 Continuing Education Incentive Plan
, All employees who have completed their initial probationary
period in the Fire Department may participate in the Department’s
Continuing Education Incentive Program (CEIP) provided,
however, that an employee may not participate in both EIP and
CEIP. Such participation will be subject to the rules of the CEIP
as maintained in the Departmental CEIP policy. Employees
participating in CEIP may be eligible to receive five (5) percent
premium pay on base salary for a Baccalaureate and a seven and a
half (7.5) percent premium pay on base salary for a Masters Degree
subject to the provisions of CEIP. Additionally, employees
participating in CEIP are required to meet a continuing job related
educational requirement as outlined in the Departmental CEIP
policy to maintain eligibility for the above described premium pay.
12.4 Out Of Class Pay
12.4.1 Rate Of Compensation
Employees assigned to work out of class shall receive pay for duties
of the position assumed after serving for seventy-two (72) cumulative
test hours in an out of class classification. If the employee has
performed the duties of the classification for twenty-four (24)
cumulative hours over six (6) months of service without a break in
service, the employee shall continue to be eligible for acting out of
class pay when assigned to perform the duties of the classification.
If the employee has not met this test, then the employee shall be
subject to a mutually satisfactory re-qualification program before
re-qualifying for acting out of class pay. Employees eligible for
acting out of class pay shall receive increased pay as provided
below:
Firefighter working as Engineer: 5%
Firefighter working as Captain: 10%
Engineer working as Captain: 5%
Captain working as Division Chief: 10%
If an employee is qualified to receive working out of class pay as
specified in this section of the MOU, employee shall receive
working out of class pay for all hours worked when working out of
class for periods of four (4) consecutive hours or more.
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In an effort to help City reduce costs, the employee must
accumulate at least twenty-four (24) hours of acting status prior to
submitting for pay, except upon termination for any reason. If an
employee’s rate of pay is to change for any reason, any time
accumulated prior to the change must be submitted and paid at the
rate in effect when the time was earned.
12.4.2 Acting Division Chiefs
The Fire Chief will establish a list of eligible employees that may
serve as the acting Division Chief. The Acting Division Chief’s list
will be comprised of those employees who are on the Division Chief
promotional hire eligibility list.
All acting Division Chiefs will receive Department-designated
training and education that is designed to assure the employee is
capable of leading the City’s fire forces in both emergency and nonemergency
settings.
Acting Division Chiefs will be used at the discretion of the Fire
Chief or his designee. Acting Division Chiefs will be assigned only
after all regular Division Chiefs have been provided the opportunity
to work the shift in which Division Chief coverage is needed, as
determined by the Fire Chief. Acting Division Chiefs will not be
assigned involuntarily to work during periods they are not
otherwise scheduled to work.
12.4.3 Acting Fire Engineer
1) The Monterey Fire Department will continue to maintain a
volunteer list for Acting Fire Engineers.
a. Personnel may elect to remove their names from this list, but
must do so in writing a minimum of ten working days
(standard 40hr work week) prior to having their name
removed.
2) Employees who take and pass a promotional test for the position
of Fire Engineer will automatically be placed on the Voluntary
Acting Engineers List. These individuals may not remove their
name from the Acting Engineer List during the life of the
promotional list.
3) In order to comply with the job specification condition of
employment for the position of Fire Fighter, all current
Monterey Fire Fighters that are not on the Acting List, or have
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not taken and passed a recent promotional test, will complete
the Acting Engineers Taskbook by October 11, 2005. For those
employees who are on probation as of September 7, 2004, the
completion date for the Acting Engineer Taskbook process will
be June 1, 2006. Current members include all employees hired
before July 1, 2004.
4) All new Fire Fighters hired after July 1, 2004 must complete any
current and approved Acting Engineers Taskbook within (12)
months. Failure to complete this requirement may result in
release from employment, without cause, at the discretion of the
Fire Chief.
5) As a matter of practice, those personnel that are on the
Voluntary Acting Engineers List shall be required to act out of
class in accordance with Monterey Fire Department SOG
120.001. If no personnel on the Acting List are available, a
trained Fire Fighter will be compelled to act by the City.
12.5 Total Compensation
This is not a total compensation agreement. City and Union agree that the
principles of total compensation as traditionally practiced in prior
agreements do not apply to this agreement. All adjustments to salary and
benefits during the term of this agreement shall only be as set forth herein.
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ARTICLE 13: WELLNESS
13.1 Sports Center Pass
Upon submission of a completed City of Monterey Doctor Visitation form,
employees shall receive annual, renewable and nontransferable employeeonly
passes to the Monterey Sports Center in order to implement their
personal fitness programs. The Doctor Visitation form may be obtained from
the Personnel Department. These passes shall be subject to renewal by City
in accordance with a medical examination or an examination that is required
as part of the Fire Department Physical Exam Program and may be
discontinued on an individual basis for failure to comply with the program
procedures or upon separation from City employment. Use of the Sports
Center will be limited to off-duty hours.
Employees may apply the dollar value of the employee-only pass to the
Monterey Sports Center towards the purchase of a family pass to this facility.
The employee shall be responsible for the cost differential between the credit
value of the employee-only pass and the family pass. Every twelve (12)
months from the date of the purchase of the family pass, the employee shall
be afforded the opportunity to make an election to continue crediting the
value of the employee-only pass towards the family pass, which shall be
irrevocable for the next twelve (12) months.
Employees electing to receive a family pass under this program shall have a
payroll deduction for the cost of maintaining the family pass active from
month to month based on the difference between the cost of the family pass
and the employee-only pass. Upon separation from City, the family pass
shall be cancelled unless the separated employee elects to maintain the pass
under the same conditions available to the general public.
13.2 Physical Fitness Program
City and Union agree to the Physical Fitness Program attached as Exhibit
“E.” It is agreed this program is under development and that constant
evaluation is a benefit to City and Union membership.
13.3 No Smoking Policy
City and Union agree that smoking is prohibited on and off duty and that
violation of this agreement can subject an employee to discipline, as provided
in the Monterey Fire Department Administrative Policy attached as Exhibit
“F.”
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13.4 Substance Abuse
City and Union agree it is to their mutual benefit to ensure the workplace is
drug free. The Fire Department Substance Abuse Policy, attached as Exhibit
“G,” is intended to ensure employees are: (1) not using illegal drugs in or out
of the workplace; (2) not using prescription or controlled medications in a
manner other than as prescribed; or (3) not under the influence of drugs or
alcohol while on duty. City and Union recognize that separate from testing
employees for drug use based on “reasonable suspicion,” a random drug
testing program will achieve these goals, and the parties agree to participate
in such a random testing program as set forth herein. The process for City’s
selection of appropriate medical and laboratory personnel to conduct such
tests shall allow participation of at least one representative from Union.
13.5 Physical Exams
Employees may use the City contract doctor or may choose to utilize their
own doctor for their periodic City scheduled physical examination. For those
employees choosing to utilize their own doctor, the City will reimburse the
employee for actual out of pocket costs, that would otherwise not be
reimbursed, to utilize their own doctor, not to exceed the amount that the
City pays for physical examinations through its contract doctor. The
employee, to receive said reimbursement, must present to the City the
insurance carrier’s Explanation of Benefits indicating the full amount of
insurer payment. Employees choosing to utilize their own doctor must
require their doctor to conduct the same physical examination as specified in
the City’s contract and provide a written report to the City certifying the
employees’ fitness for duty. Employees choosing to utilize their own doctor
shall schedule their own appointments.
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ARTICLE 14: MISCELLANEOUS PROVISIONS
14.1 Exhibits
Exhibits referenced in this Memorandum Of Understanding are attached.
14.2 Hiring Of Chief Officers
When City is in the process of hiring for the position of Fire Chief, Union may
suggest candidate dimensions for incorporation into the candidate testing
process.
14.3 OES Response
City agrees that the staffing level for O.E.S. response shall be four (4) paid
personnel. The four (4) personnel response shall be the minimum except in
those instances when it is not possible to staff four (4) due to the
unavailability of paid staff . The parties agree that upon mutual agreement,
the staffing levels may be altered. Should the O.E.S. change staffing levels
during the term of the Memorandum of Understanding, the parties will
conform to the requirements of the O.E.S.
14.4 Safety Equipment
Standards for safety equipment shall be at a minimum described in “Excerpts
from N.F.P.A. 1500,” attached as Exhibit “H.”
14.5 Tuition Reimbursement
The Tuition Reimbursement allowance shall be five hundred dollars ($500)
per year per employee. The program shall include reimbursement for
seminars and other accredited courses that are job related and course
textbooks.
14.6 Prepaid Legal Services
Each represented employee shall have the option of participating in a prepaid
legal service plan. Each participating employee shall pay, via payroll
deduction, the monthly fee established by the company providing the prepaid
legal service.
14.7 Automatic Aid Response To Emergency Incidents
During the term of this Agreement, City retains its right to enter into
automatic aid response agreements with neighboring jurisdictions. The
decision to enter into an automatic aid agreement shall be based upon the
City Council’s sole judgment and discretion. At its option, Union may request
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to meet with the Fire Chief to discuss any impact that such agreements may
have on mandatory bargaining subjects. Any agreements reached by City
and Union shall be written, signed, and attached to this Agreement.
14.8 Labor Management Committee
A. MFFA Local 3707 and the Fire Chief shall jointly create a standing
Labor/Management Committee which purpose and goals shall be to:
1. Foster a creative, cooperative, and collaborative relationship between the
management of the Monterey Fire Department and the Monterey Fire
Fighters Association, IAFF Local 3707.
2. Enhance mutual cooperation and communication.
3. Provide a forum to discuss and resolve departmental operational issues
and concerns outside of the formal collective bargaining format.
B. Membership:
1. The Committee shall consist of six members:
a. Three members shall represent labor and be appointed by MFFA Local
3707.
b. Three members shall represent management and be appointed by the
Fire Chief.
2. Members shall serve at the discretion of their respective appointing
authority.
3. Committee membership shall be voluntary and without compensation or
other benefit.
C. Meetings:
1. Committee meetings shall be as frequently as agreed by mutual consent,
but not less than once per calendar quarter.
2. The lead representative for either party may request a committee
meeting, and shall provide a description of the items/issues requested for
discussion and/or action.
a. Committee meetings shall be scheduled as soon as practically
possible by mutual agreement of both parties. Neither party shall
arbitrarily refuse to meet within a reasonable time frame pursuant to
a meeting request by the other party.
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b. Meeting time and location shall be by mutual consent.
D. Authority
1. The Committee shall have the following authority:
a. By mutual agreement, to create, modify, suspend, or rescind any
department-level policy, procedure, guideline, or practice not in
conflict with the text of this MOU, any city code section, policy, rule,
or practice, or in violation of any county, state, or federal law,
regulation, or ruling. In accordance with the above, the parties may,
by mutual agreement, propose to modify Exhibits attached the MOU,
with City Council approval.
b. No decision or action taken by this committee shall result in any
increased department fiscal liability except as authorized by the Fire
Chief within existing department budget authority, or as authorized
by the City Council through the normal budget process for future
fiscal years.
2. The Labor Management Committee shall discuss, among other things, the
following topics: uniform standards, the deputy fire marshall position, the
terms of the educational exemption to the four-hour minimum leave
events, work schedules, harassment policies, workers compensation care,
issues related to consolidation.
14.9 Nepotism
In the event of Fire Department consolidation with any outside agencies, the
City shall meet and confer with MFFA Local 3707 regarding the City’s
nepotism policy.
14.10 Notice regarding Promotions
Employees participating in promotional testing shall receive a notice of their
rank on the eligible list and the entire list shall be provided by the City to the
Union president. Employees who have been passed over for promotion more
than twice shall receive a letter from the Fire Chief summarizing the reasons
for the non-selection of the employee for promotion.
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ARTICLE 15: PERSONNEL RULES AND REGULATIONS
Personnel Rules and Regulations in effect at the date of this Agreement shall
prevail unless superseded specifically by this Agreement. This Section does not
subject those Personnel Rules and Regulations which would otherwise be excluded
from the meet and confer process, to any need to meet and confer.
15.1 Layoff Policy
The policies and procedures established for the layoff of City employees are
contained in the City’s Personnel Rules found at Monterey City Code section
25-13.03.
15.2 Promotions
Consistent with Monterey City Code 25-2.30, for promotions to positions
within the representation unit, promotion process information will be
available in the Personnel Department at the time of posting. Information
will include applications, minimum qualifications, study material reference
information, if appropriate, and information on what will determine a
passing score. After the conclusion of a testing process candidates can also
obtain his/her personal test score. Any promotional candidate may meet with
the Fire Chief before or after the promotional process to discuss the skills and
qualities that would improve his/her potential as a promotional candidate.
Changes in an established testing process will be submitted in writing to the
Union for review and input no fewer than 30 days prior to the beginning of
the process. The Union must provide any suggested input within the 30-day
notice period to the Personnel Department.
At the candidate’s request to the Fire Chief, any promotional candidate who
has been selected for an interview, but has been passed over for a second time
during the life of the promotional list, shall be given the reason(s) he/she was
not selected for the promotional opportunity in writing from the Fire Chief.
Nothing in this section will invalidate any provisions of City of Monterey
Rules and Regulations Article 6 Applications for Employment, Article 7
Employment Examinations, Article 8 Employment Lists, or Article 9
Certification and Appointment, as contained in Monterey City Code section
25.
ARTICLE 16: SEPARABILITY OF PROVISIONS
16.1 Savings Clause
In the event that any section or provision of this Memorandum of
Understanding is declared by a court of competent jurisdiction to be illegal or
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unenforceable, that provision of the section of the Memorandum of
Understanding shall be null and void, but such nullification shall not affect
any other section or provisions of this Memorandum of Understanding, all of
which sections or provisions shall remain in full force and effect. The parties
shall meet and confer regarding the impact of such null and void item(s).
16.2 Binding On Successor
This Memorandum of Understanding shall be binding, during the term of
this Agreement, on any successor employee organization representing the
recognized majority of Monterey Fire Department employees in the ranks of
Fire Fighter, Fire Engineer, Fire Captain, and Deputy Fire Marshal.
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ARTICLE 17: RIGHTS
Rights, privileges and working conditions enjoyed by employees at the time this
Memorandum of Understanding is formally adopted by Union and the City Council
will remain in force for the term of this Agreement. It is the intent of this Article to
encompass only those rights, privileges and working conditions subject to the meet
and confer process that exist at the time of adoption. It is not the intent of this
Article to abridge any rights outlined in Monterey City Code Sections 25-16.03
through 25-16.05. Nor is it the intent of this Article to bar, during the term of this
agreement, meeting and conferring between City and Union on new issues that
arise within the scope of representation.
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ARTICLE 18: TERM
18.1 Term
This Memorandum of Understanding shall be in full force and effect from
January 1, 2007, through December 31, 2009, and it is understood and agreed
that the terms, conditions, wages and all provisions of the Memorandum of
Understanding will continue in effect until a new Memorandum of
Understanding is negotiated and subsequently ratified by IAFF Local 3707 or
the recognized bargaining unit of the represented employees and the City
Council, or until this Memorandum of Understanding is superseded in
accordance with Monterey City Code Section 25-16.12(e).
18.2 City Ratification
Upon receipt of the ratified Memorandum of Understanding from Union, the
Memorandum of Understanding shall be presented to the Monterey City
Council for official City ratification by the appropriate legal process.
After considerable time and effort through the meet and confer process, the
parties recognize that each party had the opportunity to present items for
consideration and have mutually agreed to present this agreed upon
Memorandum of Understanding with attachments to their respective
governing process for final ratification.
Monterey Fire Fighters Association City of Monterey
IAFF Local 3707 Representatives
Representatives
Date: Date:

Approved as to Form:

_________________________
Deborah Mall, City Attorney