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06/24/2013 <br /> as to the City Manager's direction regarding general operation of the Fire Department or the <br /> additional activities requested, the City Managers shall meet and confer to resolve such disputes. <br /> 4. Employment of Personnel. <br /> (a) The Redwood City Fire Chief, and any other officers, agents and <br /> employees of Redwood City are not, and shall not be deemed, San Carlos employees for any <br /> purpose. Redwood City shall be solely responsible for all salary, benefits, workers' <br /> compensation, and insurance for its personnel providing services pursuant to this Agreement, and <br /> said personnel shall be considered solely employees of Redwood City for all supervisory, <br /> disciplinary and other employment related purposes. The San Carlos City Manager may request <br /> reassignment of personnel assigned to San Carlos at any time. The Redwood City Fire Chief and <br /> the San Carlos City Manager shall meet and confer regarding the request within ten (10) days <br /> with the understanding that all personnel assignment decisions are within the Redwood City Fire <br /> Chief's ultimate discretion. <br /> (b) The officers, agents and employees of San Carlos are not, and shall not be <br /> deemed, Redwood City employees for any purpose. San Carlos shall be solely responsible for all <br /> salary, benefits, workers' compensation, and insurance for its personnel providing services <br /> pursuant to this Agreement, and said personnel shall be considered solely employees of San <br /> Carlos for employment related purposes, eXCept that the Redwood City Fire Chief and officers <br /> shall supervise San Carlos Fire Department employees and shall apply the applicable labor <br /> agreement for San Carlos for purposes of discipline and grievances. <br /> (c) The Participating Agencies acknowledge and agree that nothing within <br /> this Agreement for providing the services creates a "special relationship," as that term may be <br /> defined by law, is created or established, with the other agency, or their officials, officers, <br /> employees, or successors, or with any third party as a result of this Agreement. Further, nothing <br /> in this Agreement is intended to or shall in any manner affect ar limit the privileges or <br /> immunities or other protections accorded to Redwood City or its employees under federal law or <br /> state law or other law or to San Carlos or its employees under federal law or state law or other <br /> law. <br /> 5. Use of Facilities. <br /> (a) San Carlos shall furnish, at its sole cost and expense, the fire stations, <br /> furniture and furnishings, supplies, utilities (including electricity, gas, and water), apparatus and <br /> equipment (collectively, "Facilities") described in Exhibit "A" for use by Redwood City during <br /> the Term of this Agreement in order for Redwood City to provide its Services to San Carlos, all <br /> as more particularly described in Exhibit "B". San Carlos sha(1 use, and shall cause its <br /> employees to use, due care at all times to avoid damage or harm to Redwood City's personal <br /> property stored or found within the Facilities. <br /> (b) Except as may reasonably be required for repair, maintenance and limited <br /> use by San Carlos that will not interfere with Redwood City's use of the Facilities (as more fully <br /> described in that certain Lease to be executed between the Participating Agencies), or in a <br /> declared or other emergency, Redwood City shall have the exclusive right to use the Facilities <br /> ATTY/AGR/2013.101/AMENDED AND RESTATED SAN CARLOS- RWC FIRE AGREEMENT <br /> REV:06-19-13 VR <br /> Page 5 of 19 <br /> RESO. 15272 <br /> MUFF#304 <br />