Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

June  2, 2020
ORDERS OF BUSINESS

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Paul Tomasi, Chief of Police & Director, Public Safety
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:

Resolution 2020-036, authorizing the City Administrator to give notice of termination of the existing Agreement for fire services with the City of Monterey and pursue a new agreement for fire services through a competitive bidding process

 
RECOMMENDATION:

Adopt Resolution 2020-036, authorizing the City Administrator to give notice of termination of the existing Agreement for fire services with the City of Monterey and pursue a new agreement for fire services through a competitive bidding process.

BACKGROUND/SUMMARY:

On November 16, 2011 an Agreement was entered into between the City of Carmel-by-the-Sea and the City of Monterey for fire services. The services provided in the agreement with The City of Monterey are identified in Article IV section 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. 

 

The initial term of services is identified in Article II, Section 2.1:

           

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. 

 

The Agreement has an automatic renewal, identified in Article II, Term of Agreement Section 2.2;

           

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. 

 

The Agreement automatically renewed in June 30, 2016 and will automatically renew again on June 30, 2021.

 

It is the intent of the City Administrator to re-evaluate the services identified in the current Agreement with the City of Monterey and to begin the competitive bidding process for a new agreement for the purpose of providing fire protection services in Carmel-by-the-Sea. 

 

The current Agreement requires the City to provide the City of Monterey with a notice of termination in the form of a resolution as outlined under Article II, Section 2.4;  

 

Notwithstanding Section 2.1, Section 2.2, or Section 2.3 of this Agreement, either Party may terminate the Agreement by providing (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.    

 

The attached Resolution would allow the City to terminate the current Agreement with Monterey Fire on June 30, 2021 and during the intervening 12-months develop a new agreement through a competitive bidding process for fire services for the City of Carmel-by-the-Sea. 

FISCAL IMPACT:
None for this action.
PRIOR CITY COUNCIL ACTION:

Resolution 2011-65 adopted November 1, 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. 

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment #1 - Resolution 2020-036 fire services
Attachment #2 - Resolution 2011-65 City of Monterey Fire Contract
Attachment #3 - Agreement for Fire Services