Agmt18 Second Amendment to Restated Agreement between Cities of RWC and San Carlos for Fire and Emergency Services

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4. Emalovment of Personnel. (a) The Redwood City Fire Chief, and any other officers, agents and employees of Redwood City are not, and shall not be deemed, San Carlos employees for any purpose. Redwood City shall be solely responsible for all salary, benefits, workers' compensation, and insurance for its personnel providing services pursuant to this Agreement, and said personnel shall be considered solely employees of Redwood City for all supervisory, disciplinary and other employment related purposes. The San Carlos City Manager may request reassignment of personnel assigned to San Carlos at any time. The Redwood City Fire Chief and the San Carlos City Manager shall meet and confer regarding the request within ten (10) days with the understanding that all personnel assignment decisions are within the Redwood City Fire Chief s ultimate discretion. The City Managers of the Participating Agencies may extend this deadline through a written agreement signed by both City Managers. (b) The officers, agents and employees of San Carlos are not, and shall not be deemed, Redwood City employees for any purpose. San Carlos shall be solely responsible for all salary, benefits, workers' compensation, and insurance for its personnel providing services pursuant to this Agreement, and said personnel shall be considered solely employees of San Carlos for employment related purposes, except that the Redwood City Fire Chief and officers shall supervise San Carlos Fire Department employees and shall apply the applicable labor agreement for San Carlos for purposes of discipline and grievances. (c) The Participating Agencies acknowledge and agree that nothing within this Agreement for providing the services creates a "special relationship," as that term may be defined by law, is created or established, with the other agency, or their officials, officers, employees, or successors, or with any third party as a result of this Agreement. Further, nothing in this Agreement is intended to or shall in any manner affect or limit the privileges or immunities or other protections accorded to Redwood City or its employees under federal law or state law or other law or to San Carlos or its employees under federal law or state law or other law. 5. Use of Facilities. (a) San Carlos shall furnish, at its sole cost and expense, the fire stations, fiuniture and furnishings, supplies, utilities (including electricity, gas, and water), apparatus and equipment (collectively, "Facilities") described in Exhibit "A" for use by Redwood City during the Term of this Agreement in order for Redwood City to provide its Services to San Carlos, all as more particularly described in Exhibit "B". San Carlos shall use, and shall cause its employees to use, due care at all times to avoid damage or harm to Redwood City's personal property stored or found within the Facilities. (b) Except as may reasonably be required for repair, maintenance, access by Fire Prevention Officer in the course of her/his duties pursuant to this Agreement, and limited use by San Carlos that will not interfere with Redwood City's use of the Facilities (as more fully described in that certain Lease to be executed between the Participating Agencies), or in a declared or other emergency, Redwood City shall have the exclusive right to use the Facilities during the Term of this Agreement. Redwood City shall use, and shall cause its employees to use due care to avoid d$mage or harm to San Carlos' Facilities. Redwood City shall at all times during use AMIAGR12018/AMENOMENTS/AMENO NO.2 SAN CARLOS — RWC FIRE AGREEMENT REV: 04-17-18 JS Page 6 of 32