Agmt24 City of San Carlos Fire && Emergency Services Amendment No. 3

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ATTY/AGR.2024/AMEND. NO. 3/CITY OF REDWOOD CITY AND SAN CARLOS FIRE & EMERGENCY SERVICES REV: 06-20-24 VR Page 6 of 28 operations of the Fire Department in San Carlos, through the Redwood City Fire Chief, acting as Fire Chief for San Carlos, and may request the Fire Department in San Carlos, through the Redwood City Fire Chief, acting as Fire Chief for San Carlos, to perform additional activities in the City of San Carlos as are usual and customary for a municipal fire department (as the Redwood City Fire Department is available to provide these additional services), including attendance at community events, participation in community education and outreach, response to localized community concerns or conditions and response to declared or undeclared emergencies. In the event of a dispute between the Participating Agencies as to the San Carlos City Manager’s direction regarding general operation of the San Carlos Fire Department or the additional activities requested, the City Managers shall promptly meet and confer to resolve such disputes. 4. Employment 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. Docusign Envelope ID: E05468C4-A699-4430-A510-E42D7232B74D