City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01239 6/18/2024 Consent Item 29.
Contract: Sacramento Regional Fire/EMS Communication Center Chief Executive Director File ID: 2024-01239
Location: Citywide
Recommendation: Pass a Motion: 1) executing an agreement with the Sacramento Regional Fire/EMS Communication Center (SRFECC) for services of a Chief Executive Director with a term of two (2) years expiring June 30, 2026, for a not-to-exceed amount of $600,000; 2) authorizing the City Manager, or the City Manager's designee to execute the specified above and any and all extension (s).
Contact: Chris Costamagna, Fire Chief, (916)808-2200, [email protected] Presenter: None.
Attachments:
1-Description/Analysis
2-Agreement for Services of a Chief Executive Director
Description/Analysis
Issue Detail: The City of Sacramento Fire Department is one of the participating agencies of the Sacramento Regional Fire/EMS Communication Center (SRFECC) JPA. The Executive Director position is rotated every two years between the participating agencies. Due to the rotation between agencies starting July 1, 2024, the City of Sacramento Fire Department is up for the two-year rotation into the Executive Director position until July 1, 2026.
Policy Considerations: This council report requests an increased not-to-exceed amount requiring council approval per the City of Sacramento Charter 3.56.090. All contracts for supplies or nonprofessional services involving an expenditure of $250,000 or more shall be awarded by the City Council. Such contracts shall be formal written agreements executed by the City Manager on behalf of the city. The signature by the City Manager constitutes his or her certification that there remain unexpended and unapplied balances of the appropriations or funds applicable to the contract sufficient to pay the estimated expense of executing the contract.
File ID: 2024-01239 6/18/2024 Consent Item 29.
Economic Impacts: None.
Environmental Considerations: Ongoing administrative maintenance activities, such as purchases of supplies, equipment, or materials that are not made for purposes of a public construction project, do not constitute a "project" and are exempt from the California Environmental Quality Act (CEQA) CEQA Guidelines, Section 15061(b) (3), 15378(b) (2).
Sustainability: Not Applicable.
Commission/Committee Action: Not Applicable.
Rationale for Recommendation: Staff is recommending the approval of the two-year agreement between the City of Sacramento Fire Department and the SRFECC to staff the Chief Executive Director position from July 1, 2024, through June 30, 2026. The City of Sacramento Fire Department is required on a rotational basis to fulfill the departments' portion of the JPA agreement regarding the two-year Chief Executive rotation between the participating agencies. The City's provision of the Chief Executive Director allows City staff to conduct a data-driven review of what 911 calls should be directed to an alternative resource or call center besides 911. This data will help modernize our service delivery to the citizens, keeping essential emergency response units within the city limits.
Financial Considerations: The Chief Executive Director's salary and benefits will be reimbursed to the City by the SRFECC for the duration of the contract term.
Local Business Enterprise (LBE): Not Applicable.
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1 AGREEMENT FOR SERVICES OF A
CHIEF EXECUTIVE DIRECTOR
BETWEEN THE
SACRAMENTO REGIONAL FIRE/EMS COMMUNICATIONS CENTER
AND
CITY OF SACRAMENTO FIRE DEPARTMENT
This Agreement (hereinafter “Agreement”) for the services of an Executive Director is by and between the Sacramento Regional Fire/EMS Communications Center (hereinafter “Center”), and the City of Sacramento Fire Department. The Center and City of Sacramento Fire Department shall be hereinafter referred to collectively as “parties.”
A.
RECITALS
1. Derek Parker (“Parker”) is employed by City of Sacramento Fire Department as an Assistant Chief.
2. Parker has been appointed Chief Executive Director (“CED”) by the Center Governing Board (“Center Board”), and City of Sacramento Fire Department has agreed to allow Parker to accept this assignment.
3. The Center and City of Sacramento Fire Department enter into this Agreement in order to allow Parker to serve as CED, while remaining an employee of City of Sacramento Fire Department, under assignment to the Center.
4. While serving as CED, Parker shall serve at the direction of the Center Board and all communications regarding the Center shall be made through the Center Board.
B.
TERMS AND CONDITIONS
In consideration of the foregoing recitals, and the mutual promises and covenants contained in this Agreement, the Center and City of Sacramento Fire Department agree as follows:
1. Provision of Chief Executive Director
City of Sacramento Fire Department shall make Parker available to serve as the full-time CED for the full term of this Agreement, and subsequent renewal periods, if any. If their employment as CED terminates at other than the end of the initial term of this Agreement or any subsequent renewal period, the Board shall promptly discuss options.
2. Duties of CED
As CED, Parker shall perform the duties and responsibilities which are set forth in the Job Description attached to this Agreement as Exhibit A.
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2 3. Initial Term of Agreement
The initial term of this Agreement shall commence on July 1, 2024 and shall end on June 30, 2026.
4. Renewals
With written mutual consent, this Agreement may be renewed for up to six (6) additional months.
The renewal period shall be governed by the same terms and conditions of this Agreement, unless the parties agree in writing otherwise.
5. Employee Status
While serving as CED, Parker shall remain an employee of City of Sacramento Fire Department for the purpose of receiving compensation, retirement benefits, state mandated requirements and other employer provided benefits. As such, City of Sacramento Fire Department retains the right to approve requests for sick leave, vacation, or other absences.
In addition, Parker may have to be called to duty by the City of Sacramento Fire Department in response to a local, state or federal emergency. In the event of Parker being called to duty by the City of Sacramento Fire Department for an emergency, the City of Sacramento Fire Department will use its best and reasonable efforts to mitigate the disruption in providing CED services to the Center.
Any workers’ compensation claim that Parker may have while performing services as CED shall be administered and paid, if at all, by City of Sacramento Fire Department.
6. Compensation
Center shall reimburse City of Sacramento Fire Department for the cost of the salary and benefits set forth in Exhibit B. Exhibit B shall be numbered sequentially (e.g. B-1, B-2, etc.), as the Parties mutually agree in writing to any increase in compensation.
Center’s reimbursement to City of Sacramento Fire Department shall be monthly, for service provided to the Center by Parker during the preceding month.
7. Direction and Control
In their capacity as CED, Parker shall be solely under the direction and control of the Center Board.
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3 8. Transportation
a. The Center shall provide CED with a vehicle that shall be marked in accordance with Internal Revenue Service Regulations (“vehicle”). The Vehicle is a “take- home” vehicle and is assigned in recognition of the need to respond 24/7.
b. There shall be no additional compensation for use of CED’s personal automobile.
c. Travel other than by automobile shall be reimbursed in accordance with adopted Center policies.
d. The Vehicle is to be used for Center business (which includes to and from work and response to major emergencies in support of Sacramento County).
e. The Center is responsible for all maintenance, insurance and fuel for the Vehicle.
9. Indemnity
The Center shall indemnify, defend, and hold harmless [Insert Agency], its officers, directors, employees and agents from and against all claims, losses, actions, liabilities, suits, procedures, and damages, including attorney’s fees and legal costs, arising out of or as a result of, the action or conduct, of the CED in the performance of their duties as CED for the Center under the terms and conditions of this Agreement. This Paragraph does not apply to any Worker’s Compensation claim filed by CED.
City of Sacramento Fire Department shall indemnify, defend, and hold harmless the Center, its officers, directors, employees and agents from and against all claims, losses, actions, liabilities, suits, procedures, and damages, including attorneys’ fees and legal costs, arising out of or as a result of, the action or conduct, of Parker outside of the terms and conditions of this Agreement.
10. Complaints
The Center acknowledges that CED is subject to the rights and protections of the Firefighters Procedural Bill of Rights Act (California Government Code sections 3250, et seq.). Any punitive action against CED shall be handled by City of Sacramento Fire Department consistent with the Firefighters Procedural Bill of Rights Act.
Except as set forth below in Paragraph 9 of this Agreement, Parker does not waive any right to confidentiality under any provision of State or Federal law.
a. Complaint Received by City of Sacramento Fire Department
Any and all complaints, whether formal or informal, made to [Insert Agency] against Parker, shall be disclosed to the Center Board Chairperson within twenty- four (24) hours of receipt. By agreeing to serve as CED and agreeing to accept the
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4 terms and conditions of this Agreement, Parker authorizes City of Sacramento Fire Department to disclose to the Center Board, those complaints.
b. Complaint Received by Center
Any and all complaints, whether formal or informal, made to the Center against Parker, shall be disclosed to the City of Sacramento Fire Department’s Fire Chief within twenty-four (24) hours of receipt. By agreeing to serve as CED and agreeing to accept the terms and conditions of this Agreement, Parker authorizes the Center Board to disclose to City of Sacramento Fire Department, those complaints.
c. Investigation
As deemed appropriate by either Party, any complaint may be investigated. In the event that an investigation is deemed appropriate:
i. By the Center Board, the Center Board Chairperson shall keep the City of Sacramento Fire Department’s Fire Chief informed of the progress of the investigation and conclusion (e.g. sustained or not sustained).
Following an investigation by the Center of any such allegation or complaint, the Center Board may, in its sole discretion terminate this Agreement pursuant to Paragraph 10 below. Nothing set forth in this Paragraph shall prohibit City of Sacramento Fire Department from imposing discipline against CED as it deems appropriate or impact CED’s employment with the City of Sacramento Fire Department
ii. By City of Sacramento Fire Department, shall keep the Center Board Chairperson informed of the progress of the investigation and conclusion (e.g. sustained or not sustained).
11. Termination of Agreement
This Agreement may be terminated by the Center Board or City of Sacramento Fire Department at any time whatsoever and with or without cause. Reimbursement to City of Sacramento Fire Department by the Center shall be prorated to the date of termination of this Agreement.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended or modified by an agreement in writing signed by all the parties.
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5 13. Waiver
None of the provisions of this Agreement shall be considered waived by either party unless such waiver is specified in writing.
14. Severability
Should any provision of this Agreement be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
15. Attorney’s Fees
Should a party to this Agreement bring a legal or equitable action to either enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs incurred in such action.
16. Governing Law/Venue
This Agreement shall be governed by the laws of the State of California. Venue shall be in Sacramento County.
17. Execution
By executing this Agreement, City of Sacramento Fire Department and Center acknowledge that they have carefully read, and agree to be bound by, all terms and conditions contained in this Agreement.
18. Notices
Formal notices, communications or demands to a party shall be sufficiently given if either (a) personally delivered, (b) mailed by registered or certified mail, first class postage prepaid, return receipt requested, to the principal office of Center or [Insert Agency], or (c) delivered by Federal Express or other reliable private express delivery service to the principal office of the Center or City of Sacramento as follows:
If to Center: Board Chairperson
The Sacramento Regional Fire/EMS Communications Center
10230 Systems Parkway
Sacramento, CA 95827
If to City of Sacramento Fire Department: Chris Costamagna, Fire Chief City of Sacramento Fire Department
5770 Freeport Blvd Suite 200
Sacramento, CA 95822
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6 19. Counterparts
This Agreement may be executed in identical counterparts, each of which shall constitute a duplicate original.
Dated: ______________ City of Sacramento Fire Department
By: Chris Costamagna, Fire Chief __________
Attest: ____________________________________
Dated: ______________ By: City Clerk ________________________
Attest: ____________________________________
Dated: ______________ SACRAMENTO REGIONAL FIRE/EMS
COMMUNICATIONS CENTER
By: ______________________________
Governing Board Chairperson
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
CONTENT CONTENT
By: ___________________________ By: ___________________________ Gary P. Lindsey Lindsay Moore
Senior Deputy City Attorney Kingsley Bogard, LLP
General Counsel for Sacramento Attorneys for the Sacramento Fire Department Regional Fire/EMS Communications
Center
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7 I, Derek Parker, agree to serve as the Chief Executive Director, and agree to the terms and conditions set forth in this Agreement.
Dated: ______________________________ ____________________________________ Derek Parker
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8 EXHIBIT A
AGREEMENT FOR SERVICES
CHIEF EXECUTIVE DIRECTOR
JOB DESCRIPTION AND MINIMUM QUALIFICATIONS
POSITION SUMMARY:
This is a contractual, at-will position that is exempt under the guidelines of the Fair Labor Standards Act (FLSA) and is not represented by an employee bargaining unit. The incumbent serves as the executive officer for the fire and emergency medical systems communications center that provides services for participating fire agencies primarily serving the County of Sacramento under the general direction of the Governing Board.
KNOWLEDGE, SKILLS AND ABILITIES REQUIRED:
The Executive Director should possess the following specific knowledge and abilities:
Knowledge of:
The principles and practices of public administration, financial management, and personnel management.
Regulatory agencies, laws, regulations, and policies that pertain to a public emergency communications agency.
Complex computer, radio and telephone systems relating to public safety dispatching systems.
Ability to:
Accomplish the essential functions specified in this job description. Recognize the need for the establishment of new or revised policies, procedures, and methods of operation to better maintain an effective public safety communications center. Work with the Governing Board, member agencies contracting agencies, other appropriate agencies and groups and the general public in a positive manner.
ESSENTIAL FUNCTIONS:
The statements contained herein reflect general details as necessary to describe the principle functions of this job, the level of knowledge and skills typically required and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements.
Manage the communications center in an effective and efficient manner within the policy parameters established by the Governing Board.
Develop and propose goals, objectives and strategies for consideration by the Governing Board.
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9 Implement administrative, operational and technical procedures that support the goals, objectives and strategies and policies approved by the Governing Board. Develop and propose preliminary and final budgets for consideration by the Governing Board.
Implement financial procedures that support budgets approved by the Governing Board. Ensure compliance with laws, regulations and policies pertaining to the communications center.
Participate in Governing Board meetings and provide comprehensive and timely reports to the Governing Board.
Hire, counsel, discipline and terminate employees in accordance with accepted management practices, Board-adopted Position Authorization Document, and communications center policy.
Provide general supervision of and review work completed by the Deputy Director, Technical Systems Manager and administrative staff for quality control and compliance with policies.
Interpret policy parameters for and work with the communications center’s legal counsel on labor, contractual and other legal issues.
Advise and confer with members of the Governing Board and with the staff and governing bodies of member agencies.
Coordinate the communications center’s operational and technical procedures with appropriate agencies and groups, including the Member Agency Chiefs, the Sacramento County Fire Chiefs Association, the Communications Task Force Group, the Systems Management Group and the Geographic Information Systems Committee. This coordination excludes communications center policy and budget matters. Represent the communications center with other public agencies and the community at large.
MINIMUM QUALIFICATIONS:
Offers of employment are contingent upon successful completion of a background investigation and a physical examination to include a drug screen.
EDUCATION/EXPERIENCE:
Any combination of training and experience that could likely provide the required knowledge and abilities may be qualifying. A typical way to obtain this would be:
Education/Training:
A Bachelor’s Degree from an accredited college or university in public or business administration, fire service management, criminal justice or closely related field is required. A masters or higher degree in the same fields is preferred but not mandatory.
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10 Experience:
A minimum of five years’ experience in a public emergency fire communications agency, including at least two years at the managerial level with budgeting and planning experience is required.
PERSONAL QUALITIES:
The incumbent needs to possess the highest qualities of leadership and integrity.
PHYSICAL REQUIREMENTS:
Physical abilities must be commensurate with essential functions of the position. No person shall pose a direct threat to themselves or to the health and safety of other individuals in the work place, or to the public they serve.
LICENSE:
Possession of, and ability to maintain, a current valid California Driver’s License, Class C is a condition of employment.
SRFECC is an equal opportunity employer through Affirmative Action. The Immigration Reform and Control Act requires US Citizenship or authorization to work in the US. Documentation must be presented at the time of hire. Special testing arrangements may be made to accommodate disabilities.
SRFECC does not discriminate on the basis of race, religion, color, sex, age, national origin, disability or any other characteristic prohibited by federal, state or local law.
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11 EXHIBIT B-1
AGREEMENT FOR SERVICES
CHIEF EXECUTIVE DIRECTOR
A. Compensation
Center shall reimburse City of Sacramento Fire Department $24,495.00, monthly. Such monthly payment shall be pro-rated, to the effective date of this Agreement.
B. Promotion and Cost of Living Increases
Should Parker be promoted or receive a cost of living increase from City of Sacramento Fire Department, the Center Board shall have the right to refuse to reimburse City of Sacramento Fire Department for the increase in salary and benefits as a result of such cost of living increase or promotion. If the Center Board refuses to reimburse for any such increase, City of Sacramento Fire Department shall pay all salary and benefits in excess of the compensation set forth in this Agreement.