Joint City Council / Crescent Fire Protection District Board Meeting

SPECIAL JOINT MEETING OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AND THE CRESCENT FIRE PROTECTION DISTRICT BOARD OF DIRECTORS AGENDA WASHINGTON FIRE STATION 255 WASHINGTON BLVD. CRESCENT CITY, CA 95531 TUESDAY MAY 17, 2022 5:30 P.M. ZOOM PHONE NUMBER: (253) 215-8782 ZOOM WEBINAR ID: 837 4446 1556 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9 The public may access and participate in the public meeting using one or more of the following methods: 1) Attend the meeting in person, public comment at the podium will be allowed. 2) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom; 3) Watch the meeting via livestream on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 4) Public comments may be made in advance by submitting written comment via publiccomment@crescentcity.org or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and District Board and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.  City of Crescent City/Crescent Fire Protection Special Meeting Agenda May 17, 2022 OPEN SESSION Crescent Fire Protection District Board of Directors Call to order Roll call City Council Call to order Roll call Pledge of Allegiance PUBLIC COMMENT PERIOD Any member of the audience is invited to address the City Council and District Board on any matter that is within the jurisdiction of the City of Crescent City and the Fire District. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council nor the Board is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council and Board. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor or Chairman please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council. REPORTS/PRESENTATIONS - None NEW BUSINESS 1. Amended Emergency and Fire Services Agreement with the Crescent Fire Protection District • Recommendation: Hear staff report • Technical questions from the Board/Council • Receive public comment • Further Board/Council discussion Crescent Fire Protection District Board: • Recommendation: Approve an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 City Council: • Recommendation: Approve an Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 2. Fire Chief Employment Agreement • Recommendation: Hear staff report • Technical questions from the Council/Board 2  City of Crescent City/Crescent Fire Protection Special Meeting Agenda May 17, 2022 • Receive public comment • Further Council/Board discussion Crescent Fire Protection District: • Recommendation: Give recommendation to the City Council to appoint Kevin Carey to the position of Fire Chief • Approve budget amendment in the amount of $12,894 City Council: • Recommendation: Adopt Resolution No. 2022-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING KEVIN CAREY AS THE FIRE CHIEF AND APPROVING AN EMPLOYMENT AGREEMENT • Adopt Resolution No. 2022-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET 3. Oath of Office for Fire Chief Carey ADJOURNMENT Crescent Fire Protection District Board of Directors: Adjourn to the regular meeting of the Crescent Fire Protection District Board of Directors scheduled for June 13, 2022 at 5:00 p.m. at the Washington Fire Station, 255 Washington Blvd., Crescent City, CA 95531 City Council: Adjourn to the regular meeting of the City Council of the City of Crescent City scheduled for June 6, 2022 at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531. POSTED: May 16, 2022 /s/ Robin Patch Vanessa Duncan City Clerk/Administrative Analyst Clerk of the Board City of Crescent City Crescent Fire Protection District Notice Regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk's office at (707)464-7483 ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102- 35.104 ADA Title II] For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, during regular business hours, 8:00 a.m. 5:00 p.m., or on-line at www.crescentcity.org 3  DISTRICT BOARD/CITY COUNCIL AGENDA REPORT TO: CHAIR NELSON AND MEMBERS OF THE DISTRICT BOARD MAYOR GREENOUGH AND MEMBERS OF THE COUNCIL FROM: ERIC WIER, CITY MANAGER BY: MARTHA D. RICE, CITY ATTORNEY BILL GILLESPIE, FIRE CHIEF DATE: MAY 17, 2022 SUBJECT: AMENDED EMERGENCY AND FIRE SERVICES AGREEMENT WITH THE CRESCENT FIRE PROTECTION DISTRICT RECOMMENDATION • Hear staff report • Technical questions from the Board/Council • Receive public comment • Further Board/Council discussion • Crescent Fire Protection District: • Approve An Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 • City Council: • Approve An Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 BACKGROUND The City of Crescent City and the Crescent Fire Protection District have a long history of working together under various collaborative agreements. In 2015, both agencies came together through an operational merger of their respective volunteer firefighter associations and entered into a joint exercise of powers agreement, the Emergency and Fire Response Services Agreement (the “Agreement”). This partnership provides cost effective and seamless services to the greater Crescent City area. The Agreement provides for the sharing of costs between the two agencies for a variety of services, including personnel and equipment shared costs. The Agreement was last amended in February 2021. In September 2018, the City of Crescent City and the Crescent Fire Protection District began a joint project path for a 10-Year Financial Master Plan for Crescent City Fire & Rescue. The point of the Master Plan was to identify the fire department’s current and projected fire and emergency service needs and identify the costs associated with delivering these services over a 10-year period. The City of Crescent City and the Crescent Fire Protection District each adopted the final  AMENDED FIRE SERVICES AGREEMENT MAY 17, 2022 draft of the 10-Year Fire Department Master Plan at a joint meeting of the agencies on November 21, 2019. With the announcement of Chief Gillespie’s retirement, the agencies began discussions around recruitment of the next Fire Chief, implementation of the Station Staffing (Sleeper) Program, potential increases to stipends, and review of the cost allocations in the Agreement. Following several meetings and a lot of input, and amended Agreement has been drafted for the consideration of the agencies. ITEM ANALYSIS The amended Agreement includes many provisions that are intended to enhance the collaborative nature of the partnership by increasing communication and accountability. The Agreement before the Council this evening includes the following changes from the current version of the Agreement (as amended in 2021): • With respect to the Fire Chief: o The Fire Chief will present an annual report to both the City Manager (as is standard for City department heads) and also to the District Board o The City will notify the District promptly if the Fire Chief submits notice of resignation o The City Manager will meet with the District Board prior to terminating the Fire Chief, excepting extreme circumstances o District Board approval will be required before any outside employment may be authorized for the Fire Chief (City Manager approval is already required) o District Board approval will be required prior to the District paying 50% of professional development fees and costs, travel expenses, and education o The Fire Chief is required to inform the District Board of any absence of command as well as who will assume acting Fire Chief duties in his absence o In coordination with the City Manager, the District Board will evaluate and annually set goals and objectives for the Fire Chief • With respect to salary adjustments of Fire Department staff: o The City Manager will meet with a District Board ad hoc committee prior to the Council’s approval of any COLA affecting Fire Department employees o Any salary increase other than a COLA affecting Fire Department employees must be approved by the District Board prior to the District paying 50% of that increase • With respect to Fire Department positions: o Deputy Fire Chief and Fire Station Maintenance Worker positions have been eliminated. o Captains have been added (anticipated to start in Fall 2022) • With respect to fire station utilities: o In the current agreement, each agency pays the utility costs of its own fire station(s). However, both agencies utilize both the City station and the Washington station, with the Washington station typically used more. The cost allocation has been changed so that the City is responsible for 60% of City Station utilities and 40% of Washington Station utilities. The District will be responsible for 60% of Washington Station utilities and 40% of City Station utilities. o Using budgeted numbers, the City will apply a credit to each quarterly invoice submitted to the District. This is anticipated to be an increased cost to the City 2  AMENDED FIRE SERVICES AGREEMENT MAY 17, 2022 (reduction in revenue from the District) of approximately $5,400 annually. • At the request of the District, the 1.5% monthly late fee for invoices delinquent more than 30 days DOI has been removed. • Quarterly meetings of the standing fire 2x2 committee are established. If approved, the amended Agreement will become effective July 1, 2022. One item that has been discussed but is not yet finalized is the review of volunteer firefighter stipends. When the City and Fire District reach an agreement on the stipends, both agencies will approve the stipends and amend their budgets as necessary. This agreement governs the percent of the stipend cost each agency will pay, and that allocation is not anticipated to change. FISCAL ANALYSIS The only change to the Agreement that has a direct fiscal impact to the City is the change in the share of utility costs. This amount is anticipated to result in the City receiving approximately $5,400 less each year from the District than under the current formula. STRATEGIC PLAN ANALYSIS This action supports the following Strategic Plan goals: Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors Goal 3(C): Maximize performance and value in all City Council, staff, volunteer and committee positions ATTACHMENTS 1. An Agreement Between the City of Crescent City and the Crescent Fire Protection District Regarding Emergency and Fire Response Services Amended 2022 3  AN AGREEMENT BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT FIRE PROTECTION DISTRICT REGARDING EMERGENCY AND FIRE RESPONSE SERVICES Amended 2022  AN AGREEMENT BETWEEN THE CITY OF CRESCENT CITY AND THE CRESCENT FIRE PROTECTION DISTRICT REGARDING EMERGENCY AND FIRE RESPONSE SERVICES (AMENDED 2022) This amended agreement (“Agreement”) is entered into by and between the City of Crescent City, a California municipal corporation (“City”), and the Crescent Fire Protection District, a California special district (“District”), to provide for the efficient provision of emergency and fire response services within the jurisdictional boundaries of the City and the District pursuant to the authority granted in Government Code § 54980 et seq. and Government Code § 6500 et seq. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, City and District agree as follows: 1.0 PURPOSE. The purpose of this Agreement is to achieve greater operating and economic efficiencies for both the City and the District by combining resources and sharing the cost. 2.0 TERM. The term of this Agreement will be July 1, 2020 through June 30, 2025 (the “Term”) unless terminated earlier pursuant to the provisions contained herein. Upon the expiration of the Term, this Agreement will automatically renew for successive one-year terms, unless expressly terminated by either party upon 180 days’ advance written notice to the other party. 3.0 EARLY TERMINATION. During the initial term, either party may terminate this Agreement, without cause, upon 180 days’ written notice to the other party. 4.0 PERSONNEL SERVICES. The City will provide specific personnel services to the District on the “Equal Share Basis” calculated using the “Full Cost of Services.” 4.01 Fire Chief. The City will provide the services of a Fire Chief to perform the typical duties of a fire chief and who will attend regular and special meetings of the District, as required, to provide advice, present reports, seek direction and make recommendations on fire and emergency response services and related matters. a. Fire Chief will perform the following specific services: 1. Coordinate services and operating activities of the District with other fire service agencies within Del Norte County and adjacent areas; 2. Participate in District community events in the same manner and to the same degrees as he or she participates in similar events in the City; and 3. Coordinate with the Del Norte County Office of Emergency Services and other State and national offices of emergency services and disaster preparedness to provide emergency management and disaster preparedness services to the District. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |1  b. Annual Report. The Fire Chief shall annually prepare a comprehensive report on the activities of the Fire Department to be presented to the District Board and City Manager by February 1st, as applicable. This report should include such items as activity, accomplishments and concerns of the Department, organizational review and any specific recommendations to increase the efficiency or quality of service of the Department. Any recommendations requiring additional financial expenditures should include justification and proposed revenue sources to support the proposal. c. Resignation of Fire Chief. In the event the Fire Chief voluntarily resigns his position with the City, the Chief or City must notify the District without delay. d. Termination of Fire Chief. The City Manager will meet with the District Board pursuant to Government Code § 54957(b) prior to any termination decision being made, excepting extremely urgent circumstances. e. Other Employment. The City Manager will not approve a request from the Fire Chief to engage in other employment without the specific approval of the District Board. f. Fire Chief Professional Development. Contingent upon District approval and authorized budget, the District agrees to pay a shared cost for all professional development fees, including the following: 1. Professional fees, dues, and subscriptions on behalf of the Fire Chief that are reasonably necessary to his or her continuation and participation in organizations desirable for his or her continued professional growth and advancement 2. Travel and expenses for the travel and subsistence expenses of the Fire Chief for official travel, meetings, and occasions reasonably necessary to continue his or her professional development, and to attend required official or other functions on behalf of the City and District. 3. Education reimbursement to reimburse the Fire Chief costs for education in accordance with the City’s Education Assistance Program Policy. Requests for such shared cost reimbursement must be approved by the City Manager and District prior to incurring any costs and must be included in the City’s and District’s annual budget. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |2  g. Absence of Command. The Fire Chief shall timely notify the District Board of all absence of command and whom will be assigned acting Chief Duties. 4.02 Administrative Assistant. The City will provide the services of an Administrative Assistant, who will be authorized by the District to perform the typical duties of an administrative assistant and who will attend regular and special meetings of the District as required. 4.03 Captains. Once hired, the City will provide the services of three full-time Captains, who will report to the Fire Chief and perform the following duties: call response, prevention and training, maintenance, and other duties as assigned by the Fire Chief. 4.04 Cost of Services. The District will compensate the City based upon the Full Cost of Services for “Designated Employees” (Fire Chief, Administrative Assistant and Captains), attached hereto as Exhibit A and incorporated herein by this reference. The term Full Cost of Services includes: (i) the direct, out-of-pocket expenses for salaries, benefits, and payroll costs incurred for the Designated Employees; and (ii) costs for administration, training, and maintenance for the Designated Employees. The full cost of personnel services will be re-determined on an annual basis and the full cost for each position will be re-established on an annual basis and provided to the District. 4.04.1 Salary Increases a. COLA. In accordance with City’s Memorandum of Understanding’s (MOU’s) with the various City Employee Associations, the employees covered under these agreements are entitled to receive a Cost of Living Adjustment (COLA) as approved from time to time by the City Council. This includes the Fire Chief whose employment contract states he will receive the same Cost of Living Adjustment (COLA) afforded to the employees in the Crescent City Management Employee’s Association. The City Manager will meet and consult District Board representatives regarding any proposed COLA increases before Council approval. The City Manager will advise the District Board when a COLA is being considered and request that the District Board appoint an ad hoc committee to discuss the matter. Any District comments or concerns will be presented to the Council prior to Council approval. b. Crescent City employee association MOU’s can be accessed through the City of Crescent City Human Resources Office, or online at: https://www.crescentcity.org/departments/HumanResources/Memorandu msofUnderstanding EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |3  c. Other. Excluding the COLA Salary increases, the District must approve the District’s share of all salary increases. 4.04 Management. When the Designated Employees are performing the duties and functions of District employees, they shall report directly to the District Board. When the Designated Employees are performing the duties and functions of City employees, they shall report to the City Manager. 4.05 Designated Employees Deemed City Employees. With respect to services provided pursuant to this Agreement, the Designated Employees are deemed to be City employees for the purposes of exercising all of the rights, duties, privileges and obligations conveyed or imputed by law to that office within the District. This designation of the Designated Employees as City employees pertains to the purposes set forth in this paragraph only and is not inconsistent with the indemnity provisions of Section 5. 4.06 Other Employees. With respect to employees other than the Designated Employees, each party is responsible to its own employees when it comes to employer obligations and duties, provided under applicable State or federal laws. Each party is also liable for the conduct, actions, and omissions of its own employees. 4.07 Fire Chief Evaluation. a. Goals and Objectives. Annually, the Fire Chief will present annual goals and performance objectives as they may determine necessary for the proper operation of the Department in the attainment of the District’s and City’s policy objectives to the District Board and City Manager. The District, City Manager, and Fire Chief shall further establish a relative priority among those various goals and objectives. These goals and objectives should be attainable generally within the time limits as specified in the operating and capital budgets and appropriations provided. b. Performance Evaluation. On an annual basis, the District Board will conduct a performance evaluation of the Fire Chief pursuant to Gov. Code Section 54957. The District’s performance evaluation should be forwarded to the City Manager for consideration as part of the overall performance evaluation conducted by the City and included in the Chief’s personnel file. 4.08 Personnel Information. Both the City and the District agree to release confidential fire department personnel information that is mutually relevant to both parties, to the other party. 5.0 INDEMNIFICATION AND RIGHT OF CONTRIBUTION. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |4  5.01 Indemnification. Pursuant to the authority granted under Section 895.4 of the California Government Code, each party (the “Indemnifying Party”) must indemnify, defend, and hold harmless the other party, including the other party’s elected officials, appointed officials, employees and agents (collectively, the “Indemnified Party”), against any and all liability, demands, claims, costs, damages, and expenses including reasonable attorney fees, (hereafter, “Losses”) incurred by the Indemnified Party, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party or its elected officials, appointed officials, employees and agents, or from any Losses arising from the dangerous condition of the Indemnifying Party’s property, arising from or related to that party’s performance under this Agreement. Each party agrees to be responsible for any Losses suffered as a result of the use of that party’s vehicle. 5.02 Defense. At its own cost and expense, the Indemnified Party may participate in the defense of any action or lawsuit, or in the prosecution of any appeal of any judgment or ruling in any such action or lawsuit, where the duty of defense or prosecution is imposed on the Indemnifying Party. 5.03 Contribution. The parties have a right of contribution against each other in the event of any judgment or liability against either party related to the parties’ performance under this Agreement. The amount of contribution for which either party may be liable must not exceed that party’s proportional fault in the action giving rise to the liability. 5.04 Identity of Personnel. For purposes of this section, whether the Designated Employees or volunteers are working on behalf of the City or the District at any certain time will be determined as follows: a. Call response – location of the call (City or District) b. Vehicle use – the owner of the vehicle (City or District) c. Administrative decisions – the nature of the decision or action, whether it was in furtherance of District business or City business 6.0 VOLUNTEER FIREFIGHTERS. The volunteer firefighters that serve the City and the District have joined together as one association (known as “Crescent Fire & Rescue”) to serve both agencies. The City will procure and maintain the workers’ compensation policy for all volunteer firefighters; issue volunteer firefighter response stipends; pay for volunteer firefighter training and education; pay for membership with the California State Firefighters Association (CSFA) for each volunteer; pay for basic life insurance and long term disability/accidental death and dismemberment insurance policies offered through CSFA for each volunteer; pay for Cal-Ore Life Flight and Del Norte Ambulance subscriptions for each volunteer; pay the employer 457 PTS plan 1.3% contribution for volunteers; pay employer Medicare contributions for volunteers; and pay for emergency response support (food and water). These costs are referred to as “full cost of service for EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |5  volunteers.” The District will compensate the City as provided in Section 10 below for these services. In the event that a volunteer firefighter is injured on the job and files a worker’s compensation claim, the parties will share any additional expenses associated with the claim equally. 7.0 EQUIPMENT AND SUPPLIES. The City will purchase firefighter turnouts, equipment and supplies costing less than $5,000. The District will compensate the City in the manner set forth in Section 10. Any equipment purchased by the City for $5,000 or more will be capitalized by the City and owned by the City. The District will not compensate the City for such capital expenditures. 8.0 FIRE RESPONSE VEHICLES. Both the City and the District own their own fire response vehicles. The parties will continue to own separate fire response vehicles and responsible for the costs of purchasing, maintaining and insuring said vehicles without contribution from the other party. 8.01 Maintenance Services. The City will provide maintenance services to the District for maintenance of its fire response vehicles. The District will coordinate directly with the City’s Public Works Department – Corp. Yard to schedule maintenance. The District will compensate the City on a time and materials basis for maintenance services as provided in Section 10. 9.0 FIRE STATION BUILDINGS. The City owns one fire station and the District owns three fire stations / garages. The parties will continue to own separate buildings and be responsible for the costs of improving, maintaining and insuring said buildings without right of contribution from the other party. The parties will maintain their respective facilities as necessary for the performance of the obligations set forth in this Agreement. 10.0 COMPENSATION TO CITY. The District will compensate the City on a percentage basis for the various categories of service that are contained within this Agreement. 10.01 Response Basis. The Response Basis is District’s percentage share of total District and City calls for service in a calendar year. Each fiscal year, the percentage will be adjusted according to the previous calendar year’s numbers. Therefore, the District’s percentage share in FY 22-23 will be based on the District’s percentage of total calls for service in CY 2021. The percentage share will be adjusted for each new fiscal year. The District will pay the City on a Response Basis for the following services: a. Full cost of service for volunteers b. Fuel for vehicles and equipment 10.02 Equal Share Basis. The District will compensate the City on an Equal Share Basis (50%) for the costs of the following services: EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |6  a. Full cost of service for personnel (Fire Chief, Administrative Assistant, Captains) b. Office supplies for fire stations c. Parts and supplies for equipment d. Fire turnouts and equipment costing $5,000 or less e. Miscellaneous pre-employment expenses (medical exam; drug screen; fingerprinting, etc.) f. Emergency scene support (water, food) g. Worker’s compensation premiums for volunteers h. Volunteer training and education 10.03 Fire Station Utilities. The City and the District directly benefit from the shared utilization of two fire stations: City Station at 520 “I” Street and the District’s Washington Station at 255 W. Washington Blvd. a. Utility Cost Allocation. The Parties agree to the following division of utility costs: STATION CITY SHARE DISTRICT SHARE City Station 60% 40% Washington Station 40% 60% b. Utilities Included. Utility costs to be shared include services for gas, electricity, water, sewer, internet and data, telephone. c. Quarterly Invoice Credit. Using the fiscal year budgeted expenses for utilities by the District, the City will credit one-fourth of its annual share (40%) of the Washington Station utilities to each quarterly invoice to the District as provided in Section 11.01. For example, the City’s share based on FY 22 budgeted expenses would be approximately $5,400; thus, the City would apply a credit of $1,350 to each quarterly invoice. 10.04 Time and Materials Basis. The City will provide certain services to the District that the District will pay for on a time and materials basis. The time will be based on the hourly wage for the employee(s) that provided service and the cost of materials. Those services are as follows: a. Fire response vehicle maintenance, hourly shop labor rate $43.90 b. Information technology services 10.05 Administration Fee. The City will be carrying the administrative burden for the services provided under this Agreement. To mitigate the financial impact of the increased administrative burden to the City, the District will pay an administration fee equal to 7.0 % of the total compensation due as set forth in Sections 10.01, 10.02 and 10.03 on a quarterly basis. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |7 11.0 BILLING AND PAYMENT. 11.01 Quarterly Invoice. The City will invoice the District for actual costs incurred on a quarterly basis. The estimated total cost for services will be re-determined on an annual basis and provided to the District. 11.02 Monthly Invoice. For those services provided on a time-and-materials basis, the City will invoice the District each month for the services provided the previous month. 11.03 Payment Due. Payment is due and payable within 30 days of the date of invoice. If payment is not received when due, it will be considered delinquent. If the invoiced party disputes any amount billed on the invoice, the party must pay the undisputed portion of the bill. The parties, through their Designated Representatives, agree to work in good faith to resolve any billing disputes within 30 days. 11.04 Annual Reconciliation. After the close of each fiscal year, each party will provide the other party with a final reconciliation showing the amount due or overpaid by the other party. Any amount determined to be owing under this paragraph is due to the other party within 30 days of notification. 12.0 INSPECTION OF RECORDS. Upon five (5) business days’ advance written notice, and during regular business hours, the City and District each have the right, at their own respective cost and expense, to inspect the financial and other records of the other party pertaining to this Agreement, including books of accounts related to the Fire Department and other activities for which the party is being charged. City and District will have access to such records through their own respective designated representatives. 13.0 AUTOMATIC RESPONSE AND MUTUAL AID. The City and District agree to respond to calls for service on a basis that is designed to provide the quickest response time within the boundaries of either agency without regard for the location of the political boundaries of the agencies. The parties will develop an appropriate protocol and system of response to requests for fire protection and other emergency services occurring within the jurisdiction of either party. Said protocol must include first and second due response districts, incident command of incidents and operations, and cover-ins and appropriate stations. The Fire Chief is responsible for developing and updating maps, grid systems and such other means as are necessary to enable the partier to carry out the mutual intent of the parties to respond to all emergencies with those units that are able to respond in the most expedient manner possible, regardless of location. 14.0 INSURANCE. Each party must maintain during the term of this Agreement, a policy of general liability insurance with minimum limits of One Million Dollars per occurrence and EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |8  Two Million Dollars aggregate. All polices obtained by either party must name the other party as an additional insured but only with respect to the claims for personal injuries or property damages arising out of the performance of the Agreement. All policies must provide that the coverage provided in the policy may not be cancelled or amended without first providing 30 days written notice to the other party. 15.0 ADMINISTRATION OF AGREEMENT. 15.01 Designated Representatives. The City designates the City Manager and the Fire Chief to represent the City on all matters pertaining the administration of this Agreement. The District designates the Chair of the Board, and the Vice Chair in his or her absence, to represent the District on all matters pertaining to the administration of this Agreement. 15.02 Joint Meeting. The City Council and the District Board agree to meet in joint session at least once per year to discuss the provision of services under this Agreement and the anticipated costs for the succeeding fiscal year. Additional joint meetings may be scheduled and conducted as the parties deem necessary. 15.03 Committees. The City Council and the District Board will establish a “Fire” 2x2 committee of their respective bodies to review and consider any matter of mutual concern or interest. Such committee shall be comprised of two City Council Members and two District Board Members. This committee will meet quarterly and may meet more frequently if necessary. 15.04 Delivery of Services. Acting under the general authority of the City Manager, the Fire Chief has the authority to direct the operations and delivery of all Services provided by the City to the District under this Agreement. 16.0 PRIOR AGREEMENTS. Upon the approval of both parties, this Agreement will supersede all previous agreements between the parties with respect to the subject matter contained herein. Specifically, the following agreements will be terminated as of the effective date of this Agreement: a. Agreement to Renew an Agreement Between the City of Crescent City and Crescent Fire Protection District for the Provision of Fire Department Personnel Services (dated May 15, 2012) b. City of Crescent City Volunteer Fire Department and Crescent Fire Protection District Automatic Response Agreement (dated April 7, 2014) 17.0 GENERAL PROVISIONS. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) Page |9  17.01 Default. In the event a party to this Agreement fails to perform pursuant to the terms and conditions of this Agreement, the party to whom an obligation is owed will provide the non-performing party with at least 30 days prior written notice of said non-performance, upon which the non-performing party will have the opportunity to comply with the request for performance, or in the event of continued non-performance, the parties will have the right to pursue any and all available legal remedies. 17.02 Independent Contractor. The City is acting as an independent contractor under this Agreement; this Agreement does not create any relationship of employer or employee, or principal and agent, partnership or joint venture between the City and the District. 17.03 Notice. All notices, requests, claims, demands and other communications between the parties must be in writing. All notices must be given (i) by delivery in person, (ii) by a nationally recognized next-day courier service, (iii) by first class, registered or certified mail, postage prepaid, or (iv) by facsimile to the address of the party specified in this Agreement or such other address as either party may specify in writing. All notices will be deemed effected upon (a) receipt by the party to which notice is given, or (b) on the third (3rd) day following mailing, whichever occurs first. If to City: If to District: City of Crescent City Crescent Fire Protection District Attn: City Manager Attn: Chairperson 377 J Street 255 W Washington Blvd. Crescent City, CA 95531 Crescent City, CA 95531 Fax: 707-465-4405 Fax: 707-464-5813 17.04 Inventory. An inventory of each party’s current inventory for equipment is attached hereto as Exhibit B (City) and Exhibit C (District). These exhibits are incorporated into this Agreement by this reference. In the event that the parties discontinue the relationship established by this Agreement, the parties will divide the inventory in such a manner that each party receives approximately what it had at the time of entering into this Agreement. Any equipment above and beyond what is contained in the attached inventories will be divided equally between the parties. 17.05 No Third-Party Beneficiary. This Agreement does not confer third party beneficiary status on any non-party, including the citizens, residents and visitors of either party. 17.06 Non-Waiver. The failure of one party to require performance of any provision contained herein will not affect that party’s right to require performance at any time EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) P a g e | 10  thereafter, nor will a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 17.07 Severability. If any court of competent jurisdiction holds that any provision of this Agreement is illegal, unenforceable, or invalid for any reason, the remaining provisions of the Agreement will continue in full force and effect. 17.08 Non-Assignable. Neither party to this Agreement may assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the other party, which consent may be withheld in that party’s sole and absolute discretion. Any attempted assignment or delegation in violation of this provision may be voided at the option of the non-assigning or non-delegating party. 17.09 Binding on Successors. This Agreement is binding on the parties, any approved assignees or delegates, and on all successors-in-interest. 17.10 Interpretation. Each party to this Agreement and their respective counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement; it must be construed in a neutral manner. 17.11 Governing Law / Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of California. Any lawsuit brought to enforce, interpret, or otherwise relating to this Agreement, must be filed in the Del Norte County Superior Court. 17.12 Attorney Fees. In the event of litigation relating to the subject matter of this Agreement, the prevailing party will be entitled to an award of reasonable attorneys’ fees and costs. 17.13 Amendment or Modification. This Agreement may only be amended or modified upon the mutual consent of both parties in the manner and with the same formalities with which this Agreement was approved. 17.14 Entire Agreement. This instrument constitutes the entire agreement and understanding of the parties and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. Each party acknowledges that no other party , or any agent of any other party, has made any promise, representation, or warranty whatsoever, and acknowledges that the party has not executed or authorized the execution of this Agreement in reliance upon any such promise, representation or warranty, that is not expressly contained herein. EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) P a g e | 11 IN WITNESS WHEREOF, the parties hereto have duly approved this Agreement, originally executed on July 6, 2015, first amended on June 13, 2016, subsequently amended February 28, 2018 and March 16, 2021, and have authorized its execution on this 12th day of May, 2022. This Agreement shall have an effective date of July 1, 2022. City of Crescent City Crescent Fire Protection District By: Jason Greenough, Mayor By: James Nelson, Board Chair ATTEST: ATTEST: Robin Patch, City Clerk Vanessa Duncan, Clerk of the Board APPROVED AS TO FORM: Martha D. Rice, City Attorney EXHIBITS: “A” – Full Cost of Services for Personnel (FY 22-23) “B” – City Fire Department Equipment Inventory (to be attached when update is complete) “C” – District Fire Department Equipment Inventory (to be attached when update is complete) EMERGENCY & FIRE RESPONSE AGREEMENT (AMENDED 2022) P a g e | 12  DISTRICT BOARD/CITY COUNCIL AGENDA REPORT TO: CHAIR NELSON AND MEMBERS OF THE DISTRICT BOARD MAYOR GREENOUGH AND MEMBERS OF THE COUNCIL FROM: ERIC WIER, CITY MANAGER BY: SUNNY VALERO, HUMAN RESOURCES MANAGER DATE: MAY 17, 2022 SUBJECT: FIRE CHIEF EMPLOYMENT AGREEMENT RECOMMENDATION • Hear staff report • Receive public comment • Recommendation: Hear staff report • Technical questions from the Council/Board • Receive public comment • Further Council/Board discussion Crescent Fire Protection District: • Recommendation: Give recommendation to the City Council to appoint Kevin Carey to the position of Fire Chief • Approve budget amendment in the amount of $12,894 City Council: • Recommendation: Adopt Resolution No. 2022-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING KEVIN CAREY AS THE FIRE CHIEF AND APPROVING AN EMPLOYMENT AGREEMENT • Adopt Resolution No. 2022-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET BACKGROUND In December 2021, current Fire Chief Bill Gillespie informed the City of Crescent City and the Crescent Fire Protection District that he intended to retire effective June 16, 2022 after 35 years of public service. On January 20, 2022, the City of Crescent City and the Crescent Fire Protection District held a special “2x2” meeting to discuss the Fire Chief recruitment going forward. City staff received direction and proceeded to open the Fire Chief recruitment. The application period was opened February 1st and closed March 1st, 2022. The recruitment was flown state-wide, nationally, in fire publications and websites, as well as social media, newspaper and through active recruiting strategies by reaching out to other fire departments to seek candidates. There were four candidates who were selected for an initial interview with representatives from Crescent City Police Department, County of Del Norte Administration, Sutter Coast Hospital, Fortuna Fire, a representative from the EOC, and a former Crescent Fire Protection District Fire Chief. The recommended candidate (Kevin Carey) was also required to meet with representatives from the Crescent City City Council and the Crescent Fire Protection District Board for a second interview. ITEM ANALYSIS Mr. Carey comes to us with over 25 years of service within fire service in a career fire department. Kevin holds a bachelor’s degree in Sociology from UCLA and is currently enrolled in Santa Monica College to further his education by pursing a degree in Fire Science. He also has experience as a fire prevention inspector and a fire investigator. Currently, Mr. Carey is a Fire Captain at Pelican Bay State Prison and prior to that, he was with the Torrance Fire EMS for 20 years where he was an active Firefighter- Paramedic. Mr. Carey has shown his dedication to community during his career in the fire service. It is the opinion of the City Manager that Mr. Carey has the education, experience, integrity, values, and vision to be the City’s next Fire Chief and to lead the Department into the future. Crescent City Municipal Code 2.08.080 states that it shall be the duty of the City Manager to appoint, remove, promote and demote any and all officers and employees of the city, except as otherwise provided herein. The appointment or removal of any department head shall be subject to approval of the City Council. FISCAL ANALYSIS The employment agreement reflects a starting annual salary of $113,000.00, which is within the annual salary range for the Fire Chief position. Mr. Carey will receive the same benefits as the base benefits specified in that certain Memorandum of Understanding (MOU) between the City and the Crescent City Management Employees’ Association as is the case with all City department heads. The City will also provide a vehicle for emergency response as well as uniforms for the Fire Chief. There will be a brief overlap period anticipated to be 3-4 weeks in duration prior to Chief Gillespie’s retirement where there will be two Chiefs on while Mr. Carey learns as much as possible about the department and administrative functions. This overlap in duties will require a budget amendment. Under the agreement between the City and District, the District will reimburse the City for 50% of the costs associated with this position. STRATEGIC PLAN ANALYSIS This action supports the following Strategic Plan goals: Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors Goal 3(C): Maximize performance and value in all City Council, staff, volunteer and committee positions Goal 3(E): Recruit and retain highly qualified employees ATTACHMENTS 1. Resolution No. 2022—39 Budget adjustment 2. Resolution No. 2022-38 Employment Agreement 3. Fire Chief Employment Agreement  RESOLUTION NO. 2022-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2021-22 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2021, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 21st day of June 2021; and WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and WHEREAS, the current Fire Chief is preparing to retire after 35 years in public service; and WHEREAS, the Fire Chief is employed by the City and serves both the City and Crescent Fire Protection District under a Memorandum of Agreement between the City and District; and WHEREAS, a candidate has been selected by a panel, recommended by the Fire District Board, and approved by the City Council; and WHEREAS, the new Fire Chief will begin working prior to the current Fire Chief’s retirement, in order to provide for training and a smoother transition; and WHEREAS, the City will incur expenses for this staffing plan and the Fire District will reimburse the City per the MOA; and WHEREAS, fulfillment of these priorities requires an amendment to the operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS: 1. That the Fiscal Year 2021-22 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below: Revenue Increase (Decrease) Expenditure Increase (Decrease) General Fund $12,894 $24,100 APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 17th day of May 2022 by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Jason Greenough, Mayor ATTEST: _____________________________ Robin Patch, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2022-39 Page 1  RESOLUTION NO. 2022-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING KEVIN CAREY FIRE CHIEF AND APPROVING AN EMPLOYMENT AGREEMENT WHEREAS, the Fire Chief Bill Gillespie announced his retirement to be effective June 16, 2022; and WHEREAS, the City has conducted an external recruitment for Chief Gillespie’s replacement; and WHEREAS, a pool of qualified applicants were interviewed by a panel of firefighting professionals and the top two candidates then went on to a final interview with a panel made up of the City Manager, the Fire Chief, one City Council Member and one Crescent Fire Protection District Board Member; and WHEREAS, the unanimous recommendation of the final interview panel was to hire Mr. Kevin Carey as the next Fire Chief of the City of Crescent City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, California, that: 1. The City Manager’s appointment of Kevin Carey as the Fire Chief is hereby approved. 2. The Employment Agreement between the City of Crescent City and Kevin Carey, attached hereto and incorporated herein by this reference, is approved. 3. The City Manager is authorized to sign the Employment Agreement on behalf of the City. PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City on this 17th day, of May 2022, by the following polled vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________ Jason Greenough, Mayor ATTEST: __________________________ Robin Patch, City Clerk CITY OF CRESCENT CITY RESOLUTION NO. 2022-38 Page 1  CITY OF CRESCENT CITY EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (“Agreement”) made and entered into this 17th day of May 2022, by and between the City of Crescent City, a California municipal corporation (referred to herein as “City”), and Kevin Carey (referred to herein as “Carey”, “Employee” or “Fire Chief”). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. DUTIES & TERM (A) Kevin Carey accepts employment with City as the Fire Chief of said City and is vested with the power to perform the various functions, duties and responsibilities as specified in: (i) the Crescent City Municipal Code, as the same may be amended or modified from time-to-time by the City Council; (ii) California state law; (iii) City policies and procedures approved by the City Council or City Manager; and (iv) in the job classification attached hereto as Exhibit “A”, each fully incorporated herein by reference, and to perform other legally-permissible and proper duties and functions as the City shall from time to time assign. (B) Carey will begin performing services under this Agreement on May 16, 2022 (the “Commencement Date”). This Agreement will remain in full force and effect until terminated by the City or Carey as provided herein. (C) Nothing in this Agreement is intended to prevent, limit, or otherwise interfere with the right of City to terminate the services of Employee at any time. In the event City terminates the services of Employee for reasons other than those constituting good cause, the City must give Employee thirty days’ written notice, unless the parties otherwise agree. (D) Nothing in this Agreement is intended to prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with the City. In the event Employee voluntarily resigns his position with the City, Employee must give City a minimum of thirty days’ written notice, unless the parties otherwise agree. (E) City may immediately terminate Carey’s employment with City and this agreement at any time by providing Carey written notice of his termination for cause. No “severance payment” will be paid in the event that Carey’s employment is 1 Employment Agreement (K. Carey) – Fire Chief terminated for cause, except that City will pay Carey for his accrued and unused vacation, floating holiday, and administrative leave as applicable. For purposes of this Agreement, cause for termination includes, but is not limited to: (i) theft or attempted theft, (ii) material dishonesty; (iii) willful or persistent material breach of duties; (iv) engaging in unlawful discrimination or harassment of employees or any third party while on City premises or on City time; (v) conviction of either a felony, a criminal offense involving moral turpitude, or a felony or misdemeanor under the Political Reform Act or Government Code Section 1090; (vi) engaging in conduct tending to bring embarrassment or disrepute to City; or (vii) unauthorized absences. (F) This Agreement is contingent on Employee successfully completing the pre-employment requirements as outlined in the conditional offer of employment prior to the Commencement Date. 3. SALARY (A) Base Salary. As compensation for services rendered under this Agreement, City will pay Employee a base annual salary of $113,000.00 payable in installments at the same pay periods as other employees of the City are paid. (B) COLA. Employee will receive the same Cost of Living Adjustment (COLA) afforded to the employees in the Crescent City Management Employee’s Association, as approved from time to time by the City Council. (C) Merit Increases. Employee will be entitled to receive those merit increases as specified in paragraph 5(D) herein. (D) City Vehicle. In addition to the base salary listed above, and in lieu of additional base salary, the City will provide the Fire Chief with exclusive use of an automobile equipped for emergency response. This automobile is provided because the Fire Chief ’s duties require the use of an automobile for City business on an “on call” basis. Incidental personal use of the vehicle, including the transport of immediate family members, is permitted when the Fire Chief is “on call” for emergency response. City will be responsible for paying liability, property damage, and comprehensive liability insurance as well as the costs of operation, fuel, maintenance, repair and any replacement of said automobile. 2 Employment Agreement (K. Carey) – Fire Chief 4. BENEFITS (A) PERS. The City agrees to maintain a 2.0% at age 50 PERS Retirement Program for Employee (for Safety Classic PERS members) or 2.7% at age 57 (for Safety PEPRA PERS members) by paying the PERS employer contribution rate. Employee will pay the Safety member contribution rate, currently 9% for Safety Classic PERS members or 13% for Safety PEPRA PERS members, and the remaining contribution for the ’59 Survivor’s Continuance Benefit. (B) CCMEA Benefits. Employee will receive the same benefits as the base benefits specified in that certain Memorandum of Understanding (MOU) between the City and the Crescent City Management Employees’ Association, as amended from time to time (currently located at Sections 10 (excluding 10.1), 11, 12 and 13). (C) Administrative Leave. Employee will receive eighty (80) hours of administrative leave in each fiscal year of employment as reimbursement for attending evening and weekend meetings, and other events requiring City representation. Such administrative leave will not carry forward from year to year, however, any unused administrative leave or floating holidays are paid out at the end of each fiscal year. Any unused accrued vacation time will be paid out when Employee leaves City employment. (D) Uniforms. The City shall provide required uniforms for Employee at no cost including uniform shoes or boots. 5. PERFORMANCE EVALUATION (A) Goals and Objectives. Approximately annually, but not exceeding 18 months unless mutually agreed to in writing, the City Manager and Employee will define such goals and performance objectives as they may determine necessary for the proper operation of the Department in the attainment of the City Council’s policy objectives; and the City Manager and Employee shall further establish a relative priority among those various goals and objectives. These goals and objectives should be attainable generally within the time limits as specified in the operating and capital budgets and appropriations provided. So long as Employee also serves as Fire Chief for the Crescent Fire Protection District under the agreement between the City and Crescent Fire Protection District 3 Employment Agreement (K. Carey) – Fire Chief regarding emergency and fire response services, the goals and performance objectives as well as any proposed salary increases will be established jointly with the Crescent Fire Protection District per the agreement. (B) Annual Report. Employee shall annually prepare a comprehensive report on the activities of the Fire Department to be presented to the City Manager by February 1st. This report should include such items as activity, accomplishments and concerns of the Department, organizational review and any specific recommendations to increase the efficiency or quality of service of the Department. Any recommendations requiring additional financial expenditures should include justification and proposed revenue sources to support the proposal. So long as Employee also serves as Fire Chief for the Crescent Fire Protection District under the agreement between the City and Crescent Fire Protection District regarding emergency and fire response services, Employee shall prepare a similar report for presentation to the District Board. (C) Performance Evaluation. The City Manager will review and evaluate the performance of Employee at least once each calendar year. The annual performance evaluation should include, but is not limited to, the annual goals and objectives as determined under Section 5 (A). (D) Non-Discretionary Merit Increase. If Employee’s performance is deemed “satisfactory” or better, then Employee will be entitled to receive an increase in annual base salary of five percent (5%) effective the first full pay period in June 2023, regardless of when the evaluation is actually completed, so long as it is within the authorized salary range for the Fire Chief position. Any additional increases to Employee’s base salary are discretionary. (E) Future Discretionary Merit Increases. In recognition of accomplishments and objectives, and excellent performance, a merit increase may be granted and approved by, and at the sole discretion of, the City Manager, so long as it is within the authorized salary range for the Fire Chief position. (F) Non-DiscretionaryExcess Duty Coverage Compensation. In recognition of the Fire Chief’s sacrifice and service, he will be entitled to receive compensation of $175 for each 12-hour duty shift that he covers as the primary duty officer in excess 4 Employment Agreement (K. Carey) – Fire Chief of 7 shifts (12 hours each) in any given calendar week. The Fire Chief shall only provide additional primary duty officer coverage beyond 7 shifts per week when there are no volunteers available to fill the shift. 6. HOURS OF WORK (A) Required Hours. Employee is required to devote his full work time and attention to the duties and responsibilities of the position and any additional work time reasonably required to discharge the duties and functions as assigned by the City Manager, and as described in the City’s job classification. Fire Chief is an exempt position under both state and federal wage and hour laws. (B) Other Employment. Employee may not engage in other employment without the specific written authorization of the City Manager. The City Manager will consider the request and render a determination consistent with the Employer- Employee Relations Rules, Section 8-230. 7. PROFESSIONAL DEVELOPMENT (A) Professional Fees. City agrees to pay for professional fees, dues, and subscriptions on behalf of Employee that are reasonably necessary to his continuation and participation in organizations desirable for his continued professional growth and advancement, at the discretion of the City Manager. (B) Travel and Expenses. City agrees to budget and pay for the travel and subsistence expenses of Employee for official travel, meetings, and occasions reasonably necessary to continue his professional development, and to attend required official or other functions on behalf of the City, at discretion of the City Manager. (C) Education Reimbursement. City agrees to reimburse Employee costs for education in accordance with the City’s Education Assistance Program Policy. Requests for such reimbursement must be approved by the City Manager prior to incurring any costs and must be included in the City’s annual budget. Approval of such reimbursements is at the discretion of the City Manager and may not cover the full cost of tuition, books, and expenses. 5 Employment Agreement (K. Carey) – Fire Chief 8. LIABILITY City agrees to indemnify, hold harmless, and defend at its expense Employee from any and all claims, actions, losses, damages, charges, expenses, or attorney’s fees to which Employee may be subject to, arising out of, or resulting from, the performance of his duties hereunder, excepting criminal acts or gross negligence. Notwithstanding the foregoing, City’s obligation under this section does not apply to any punitive or exemplary damages that may be awarded by a court against the Employee. 9. BONDING City will bear the full cost of any fidelity or other bond required of Employee under any law or ordinance, in the performance of his duties as the Fire Chief . 10. FINANCIAL DISCLOSURE Employee must fully and timely comply with the FPPC Form 700 disclosure and filing requirements of the City’s Conflict of Interest Code. 11. GENERAL PROVISIONS (A) Other Terms and Conditions. City may from time to time fix other terms and conditions relating to the performance of Employee hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. (B) Compliance with Law. Employee must perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to the position. (C) Entire Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Any prior discussions, negotiations, draft agreements or executed agreements are superseded by this Agreement. Except as expressly provided to the contrary, the provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any other person(s) or legal entity(ies). (D) Amendment. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. 6 Employment Agreement (K. Carey) – Fire Chief  (E) No Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement may not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties. (F) Governing Law / Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California. The parties agree that venue for any dispute will be in Del Norte County, California. (G) No Inducements. Employee acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties, and guarantees contained in this Agreement. (H) Notices. All required notices and communications regarding this Agreement shall be sent to the City of Crescent City at 377 “J” Street, Crescent City, California, 95531 (Attn: City Manager), unless Employee is notified to the contrary in writing. Employee must advise City, in writing, of his mailing address for the forwarding of any communications regarding this Agreement. Any written notice hereunder will become effective as of the date of mailing by registered or certified mail and will be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other addresses as may hereafter be specified by notice in writing. In lieu of mailing, written notice will become effective as of the date it is personally delivered to the addressee. (I) Severability. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, then the parties intend that the remainder of this Agreement not be affected thereby and that the unaffected provisions of the Agreement remain in full force and effect. (J) Headings. Headings are not substantive and are for the convenience of the parties only. Headings are not intended to be used in the interpretation of this Agreement. -SIGNATURE PAGE TO FOLLOW- 7 Employment Agreement (K. Carey) – Fire Chief  IN WITNESS WHEREOF, this Employment Agreement was executed on the date last written below at Crescent City, California. CITY OF CRESCENT CITY EMPLOYEE Dated: _______________ Dated: _______________ _____________________________ _____________________________ Eric Wier, City Manager Kevin Carey ATTEST: _____________________________ Robin Patch, City Clerk APPROVED AS TO FORM: _____________________________ Martha D. Rice, City Attorney 8 Employment Agreement (K. Carey) – Fire Chief  CITY OF CRESCENT CITY Oath or Affirmation of Allegiance for Public Officers and Employees The Execution of this Oath is Required by Article 20, Section 3, of the Constitution of the State of California, I, Kevin Carey, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true and faithful allegiance to the Constitution of the United States and to the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter for Crescent City Fire and Rescue. Kevin Carey, Fire Chief _____________________________________________ NAME AND TITLE OF PUBLIC OFFICER/EMPLOYEE SIGNATURE OF PUBLIC OFFICER/EMPLOYEE Subscribed and sworn to before me this 17th day of May, 2022. ____ Robin Patch, City Clerk ______________________________________________ NAME AND TITLE OF OFFICER ADMINISTERING OATH SIGNATURE OF OFFICER ADMINISTERING OATH