CITY COUNCIL: Agreement for Fire Department Administrative Services with City of Pacific Grove

Meeting Date: May 6, 2008
Prepared by: George Rawson

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing an agreement with the City of Pacific
Grove to provide fire department administrative services.

Description: The existing fire services agreement between the cities of Pacific Grove and Carmel has expired. A new services agreement (copy attached as Exhibit “A”), will continue the services of the Pacific Grove Fire Department for one year. This contract assists Carmel in fulfilling the requirements of the Government Code as it pertains to the management of a municipal Fire Department. This contract has been reviewed and approved by the City Attorney.

Overall Cost:
City Funds: $ 135,000 per year
Grant Funds: None

Staff Recommendation: Adopt Resolution to renew the contract with the Pacific Grove Fire Department for administrative services and professional representation.

Important Considerations: This fire services agreement will continue to preserve the quality of the firefighting system and the activities associated with effective fire protection. Through the current arrangement, the City of Carmel-by-the-Sea receives the equivalent of a full-time fire chief and assistant chief. The coverage at the fire house, attendance at meetings, and administrative coordination with the Public Safety Director are virtually the same as would be expected with a full-time, resident fire chief.

Decision Record: Resolution 2005-59, authorizing execution of a fire services agreement with City of Pacific Grove for administrative and technical assistance.

Reviewed by:


_________________________________ ______________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: GEORGE E. RAWSON, PUBLIC SAFETY DIRECTOR
DATE: APRIL 18, 2008
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF PACIFIC GROVE TO PROVIDE FIRE DEPARTMENT ADMINISTRATIVE SERVICES
__________________________________________________________________
I. RECOMMENDED ACTION:
Adopt the Resolution.
II. BACKGROUND:
The Carmel Fire Department is managed by the Pacific Grove fire chief pursuant to a yearly agreement. The first in a series of agreements began on November 17, 2004 and has been renewed annually. The latest agreement expired on November 1, 2007, but the services of the Pacific Grove fire chief have continued on a month-to-month basis pending finalizing the terms of a new contract.

The Public Safety Director continues to provide contract oversight, and works closely with Pacific Grove Fire Chief Andrew Miller and his staff to ensure the Carmel Fire Department operates at or above standards related to operations, training, and prevention. The Fire Chief and/or his assistant also have attended numerous meetings related to professional representation of the Carmel Fire Department, as well as those with the Carmel Regional Fire Authority, City Council, and other regional groups.

III. STAFF REVIEW:
The merging of the Police and Fire Departments under the administration of a “Public Safety Director,” continues to be an innovative, cost-saving measure that has proven to be successful.

Fire Chief Andrew Miller has implemented internal changes that have resulted in improved operational efficiency, training, and readiness.

The new contract is attached as Exhibit “A.” This contract will assure continuity of a management system that has instituted a standardization of work, accountability for
performance, cooperation, and teamwork. Staff recommends approval of the contract which includes provisions for a 30-day cancellation in the event either party opts to change the structure of how the respective fire departments are managed.

The cost of the new contract was determined to be $135,000 on the basis of a cost analysis that included the Carmel – Pacific Grove ratio of calls for service, population, personnel, and administrative overhead. The term of the contract will be November 1, 2007 to November 1, 2008. The savings of the new contract are substantial when compared to the cost of hiring an in-house fire chief at approximately $193,000. Using this comparison, the city nets an estimated savings of $58,000.

IV. FISCAL IMPACT:
For the remainder of FY 07-08: $30,000. The anticipated savings in the Fire Department budget by end of FY 07-08 should be enough to cover the increased costs of the contract. In the event this is not the case, a budget adjustment request will be made at the end of this fiscal year.

V. SUMMARY:
The supervision of the Carmel Fire Department by the Pacific Grove fire chief has enhanced all aspects of the fire operation. The services of the Pacific Grove Fire Chief will provide leadership and management oversight of the Carmel Fire Department in a manner consistent with the Government Code.

EXHIBIT “A”
FIRE SERVICES AGREEMENT
BETWEEN THE CITIES OF
PACIFIC GROVE AND CARMEL-BY-THE-SEA

THIS AGREEMENT, made and executed this day of , 2008 by and between the CITY OF PACIFIC GROVE, a municipal corporation, herein after referred to as "Pacific Grove", and the CITY OF CARMEL-BY-THE-SEA, a municipal corporation, hereinafter referred to as "Carmel", provides as follows:

Section 1. Fire Protection Administrative Contract Services
This agreement provides for fire administrative services and professional representation, for Carmel, by Pacific Grove pursuant to certain conditions, utilizing Pacific Grove personnel and equipment.

Section 2. Scope of Services
Pacific Grove agrees to provide services as stated herein that will benefit the
administration and operation of the Carmel.

A. Services provided by the Pacific Grove Fire Department. Pacific Grove Fire
Department agrees to manage fire administrative services within the geographic boundary limits of the City of Carmel-by-the-Sea to include, but not limited to:

1) Pacific Grove shall provide those administrative services necessary to manage
Carmel Fire Department operations at the level established by the Carmel City
Council at the date of full execution of this Agreement, including but not limited
to full administrative oversight of; fire suppression and rescue services, hazardous
material emergency response services, emergency medical services, and any other
services related to the protection of lives and property within the boundary limits
of Carmel.

2) The Pacific Grove Fire Chief, while remaining an employee of Pacific Grove,
shall be designated Carmel Fire Chief for purposes of statutory regulations and
overall administrative management of the Carmel Fire Department. The Pacific
Grove Assistant Fire Chief while remaining an employee of Pacific Grove, shall
be designated Carmel Assistant Fire Chief for purposes of statutory regulations
and overall administrative oversight and management of the Training and Operations Divisions of the Carmel Fire Department.

3) Pacific Grove shall provide those services that are reasonably necessary to assist
Carmel Fire with administrative functions including administrative oversight, recommendations to the City Council, support for budget development, financial
management, and development of policies, procedures and personnel management.

4) Pacific Grove shall manage and supervise all services and activities of the Fire
Operations Division and Training Division including training and supervising all
Department personnel and day to day operations. Develop a comprehensive training program that includes all federal, state and local mandated training requirements. Manage and participate in the development and implementation of goals, objectives, policies and priorities for assigned programs; recommend and administer policies and procedures. Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; recommend, within Departmental policy, appropriate service and staffing levels. Plan, direct, coordinate, and review the work plan for all Department functions; assign work activities, projects and programs; review and evaluate work products, methods and procedures; meet with staff to identify and resolve problems. Oversee and participate in the development and administration of the Fire Department annual budget; direct the forecast of funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures; implement adjustments.

5) The Fire Chief and Assistant Fire Chief shall serve as liaison for the Fire
Department with Carmel Regional Fire Ambulance, City departments, outside agencies (Monterey County Fire Chiefs Association, Monterey County Fire Training Officers Association, Monterey County Fire Operations Committee, etc.) and will negotiate and resolve sensitive and controversial issues.

6) Interoperability; Pacific Grove and Carmel agree to provide personnel, apparatus
and equipment support to facilitate emergency situations and operational readiness as needed. All costs associated for utilization of resources shall be billed out at the current State of California Office of Emergency Services (OES) contract rate held on file with the State OES. All personnel assigned to staff apparatus or functions shall receive orientation training before assignment. Pacific Grove and Carmel shall provide and be responsible for workers compensation for employees while they are assigned to such identified special assignments.

Section 3. Term
This agreement shall begin on November 1, 2007 and end on November 1, 2008. This
agreement may be renewed annually by mutual written consent of the parties hereto.
Upon thirty (30) days written notice, either party may cancel this agreement.

Section 4. Compensation

1. Carmel agrees to compensate Pacific Grove for the services described herein in
the amount of $135,000 per year for Administrative Services per year prorated at
a rate of $11,250.00 per month. Carmel will render payment to Pacific Grove for
services rendered under the terms of this agreement, in quarterly installments as
invoiced by Pacific Grove to Carmel. Carmel will render payment to Pacific
Grove within 30 days of the date invoice is received by Carmel.

2. Special utilization of personnel, apparatus and equipment on an as needed basis,
will be billed out at the current State OES rate on file at State OES for services
rendered under the terms of this agreement as invoiced by Pacific Grove to Carmel. Carmel will render payment to Pacific Grove within 30 days of the date invoice is received by Carmel.

Section 5. Hold Harmless Agreement

(a) Pacific Grove shall defend, indemnify and hold Carmel, its officers, agents and
employees harmless from and against any and all liability, loss, expense (including
reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Pacific Grove, its officers, agents or employees.

(b) Carmel shall defend, indemnify and hold Pacific Grove, its officers, agents and
employees harmless from and against any and all liability, loss, expense (including
reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Carmel, its officers, agents or employees.

Section 6. Changes
No alteration or variation of the terms or conditions of this agreement shall be valid unless made in writing and signed by the parties hereto.

Section 7. Assignment
The rights and obligations of Pacific Grove hereunder are not assignable and cannot be delegated. Any such purported assignment or delegation without written consent of
Carmel shall be void.

IN WITNESS WHEREOF, the parties execute this agreement hereto on the day and the year first above written.

CITY OF PACIFIC GROVE CITY OF CARMEL-BY-THE-SEA

_________________________ _____________________________
DAN CORT, MAYOR RICH GUILLEN, CITY
ADMINISTRATOR


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE EXECUTION OF A FIRE SERVICES AGREEMENT WITH THE CITY OF PACIFIC GROVE
__________________________________________________________________
WHEREAS, on October 4th, 2005, the City Council approved Resolution No. 2005-
59 to continue contracting with the City of Pacific Grove Fire Department for
administrative and technical services to the Carmel Fire Department; and

WHEREAS, this contract has expired as of November 1, 2007; and

WHERAS, the City of Carmel-by-the-Sea desires to renew the expired contract in order to maintain the administrative services of the Pacific Grove Fire Chief to the Carmel
Fire Department.

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 the Fire Services Agreement with
the City of Pacific Grove as specified in Exhibit “A” (copy attached hereto), in the amount of $ 135,000 for a period of one year commencing November 1, 2007.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of May 2008 by the following roll call vote:

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

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

______________________
SUE McCLOUD, MAYOR