THIRD AMENDMENT TO FIRE PROTECTION SERVICES AGREEMENT BETWEEN
CITY OF STOCKTON
AND
EASTSIDE RURAL COUNTY FIRE PROTECTION DISTRICT
This Third Amendment ("Amendment") is entered into this __ day of ___ , 2022, between the City of Stockton, a municipal corporation ("CITY"), and the Eastside Rural County Fire Protection District, a rural county fire protection district of the State of California ("DISTRICT") ( collectively, the "Parties" and each individually, a "Party"), and amends that Fire Protection Service Agreement dated January 3, 1984, and as previously amended by the Parties ("Agreement").
I. Additional Firefighting Personnel
I. The CITY shall staff the fire engine company at Station 12 ( 4010 East Main Street) with a crew of four (4) firefighters on each shift, which is above the CITY's current standard practice of three (3) firefighters per engine company. The obligation imposed by this section 1 shall accrue at the conclusion of the first CITY firefighter training academy held after the date this Amendment is executed.
2. DISTRICT shall be responsible for all costs incurred by the CITY to hire, train, equip, and employ personnel to continually staff one fire engine company at Station 12 with one (1) additional firefighter on each shift such that it may operate as a four (4) person crew (the "Added Costs"). The Added Costs shall include, as more particularly described in Exhibit A to this Amendment, the following:
a. Annual salary, add pay, and benefit costs of three firefighters; b. Annual backfill overtime costs and associated insurance costs for vacation leave and sick leave days of three firefighters; and
c. One-time costs for Fire academy training, certifications, and materials of three firefighters.
3. DISTRICT shall pay CITY for the Added Costs, and authorize the County Auditor to make such payments, which shall coincide with the regular monthly payments for services under the Agreement (the "Regular Payment Dates"). Payments for the Added Costs shall begin on the first Regular Payment Date after CITY begins its first firefighter training academy held after the date this Amendment is executed.
4. DISTRICT's additional payments under this Amendment shall not offset or reduce other payment obligations imposed by the Agreement.
II. Term of Amendment
I. The term of this Amendment shall run with the term of the Agreement. Notwithstanding the foregoing sentence, this Amendment may sooner be terminated upon the earlier of:
Third Amendment to the Eastside Fire Protection Services Agreement
EXHIBIT 1
a. Either Party may, without cause, give the other Patty a notice of intent to tenninate. The notice of intent to terminate shall be effective on the first June 30 that is at least one year from the date the notice of intent to tenninate is given.
1. If a notice of intent to tenninate is issued by DISTRICT, then CITY, in its sole discretion, may tenninate the Amendment sooner than is required in
11.1.a. with written notification to DISTRICT of such earlier tem1ination date.
b. If CITY's standard staffing practices change, such that it regularly staffs at least two-thirds (2/3) of its engine companies with crews of four (4) or more firefighters, then this Amendment shall terminate on the next June 30. For the avoidance of doubt, a truck company is not an engine company for purposes of this calculation.
1. If the staffing requirements of II.1.b. are satisfied, then CITY, in its sole discretion, may tem1inate the Amendment sooner than is required in II. l .b. with written notification to DISTRICT of such earlier tennination date.
In all other respects the Agreement is hereby ratified and confirmed.
IN WITNESS WHEREOF, this Amendment has been executed by the respective parties hereto tlu·ough their respective authorized officers on the day and year first written above.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY
DISTRICT COUNSEL
CITY OF STOCKTON
By:-------------
HARRY BLACK
CITY MANAGER
EASTSIDE RURAL COUNTY FIRE
PROTECTION DISTRICT
By S,11�v1"' _,Q
Third Amendment to the Eastside Fire Protection Services Agreement
EXHIBIT 1
EXHIBIT A
"ADDED COSTS"
One-Time Payment
DISTRICT shall pay one-time costs for Fire academy training, certifications, and materials for three firefighters consisting of the following:
$5,250 per firefighter for academy attendance
$500 per firefighter for books and certifications
$12,000 per firefighter for personal protective equipment These one-time costs will be spread into equal monthly payments, over each remaining month of the CITY's 2022-2023 fiscal year, after this Amendment is executed.
Annual Payments
The CITY will re-calculate the annual salary, add pay, benefit/insurance, and overtime rates at the beginning of each new CITY fiscal year (July 1) as part of the CITY' s budget cycle to conform with the terms of the Fire Unit labor agreement and CITY benefit rates. CITY will provide the DISTRICT a revised calculation as soon as reasonably practical which shall be used as the basis ofDISTRICT's payments for that fiscal year. Once the revised annual salary, add pay, benefit/insurance, and overtime rates are calculated and communicated to the DISTRICT, the new amounts will be retroactive to the beginning of that fiscal year.
While the CITY attempts to have revised calculations communicated to the DISTRICT by July 31 of each year, it may occur later: especially where Fire Unit labor negotiations are ongoing and a new labor contract has not yet been approved by the City Council.
CITY's fiscal year is the 12-month period designated as the budget cycle year which begins each July 1 and ends the following June 30
FIVE-YEAR COST ESTIMATE
A five-year cost projection estimate is attached as Appendix A-1. This projection assumes a Fire Academy training beginning on February 1, 2023. Appendix A-1 is included for illustrative purposes only. The amount of Added Costs are yet to be determined, and may be different from the amounts stated in Appendix A-1.
Third Amendment to the Eastside Fire Protection Services Agreement Page3of4
EXHIBIT 1
CITY OF STOCKTON FIRE DEPT - Eastside Fire District 5-Yr Cost Projection Engine Company # 12 - Fourth Firefighter
Payroll Cost Estimates - Beginning February 1, 2023
Prepared 7/6/2022
Salary and Incentive Pays
Base Annual Salary
Add Pays: Basic Cert 3%; Lump-sum Payment
FLSA-3.16
Uniform Allowance - $950/year
Subtotal Add Pays
Salary plus Add Pays
Benefit/Insurance Costs
1(20-37) General Liability Insurance' I
(10-20) Compensated Absences'
(10-34) UIB
3 (10-33) Workers Comp
4 (10-27) Medicare Insurance Tax 1.45%
HRA Contribution
5 (10-31) Long Term Disability (204 or 228)
6 (10-32) Life Insur $.142/$1,0007
(10-29) Medical/Dental
(10-25) Pers-ER8
Subtotal Benefits/Insurance
-u
Ill
(0
CD
.i,.
g_
.i,.
Total Position Expense Estimate
Annual Cost Estimate
Fourth Firefighter EMT (Three Shifts)
Recruitment/Training
Backfill OT for Annual/Sick Leave
Total
FY2022-23
$ 26,301 $
$ - $
$ 72 $
$ 475 $
$ 547 $
$ 26,847 $
s 2,014 $
$ 316 $
$ 54 $
s 3,251 s
$ 389 s
$ - s s 85 s
$ 36 $
$ 5,660 $
s 19,271 $
$ 31,075 $
$ 57,922 $
FY2022-23
$ 173,766.83 $
$ 53,250.00 $
� �
$ 227,016.83 $
FY2023-24
70,058 $
5,000 $
1,825 $
950 $
7,775 $
77,833 $
6,421 $
841 $
156 s
10,368 s
1,129 $
- s
2D4 s
85 $
13,856 $
58,103 s
91,162 $
168,995 $
FY2023-24
506,983.83 $
$
52,931.65 �
559,915.48 $
FY2024-25 FY2025-26 FY2026-27 FY2027-28
Firefighter EMT
77,603 $ 84,867 $ 92,799 $ 59,063
$ - $ 122 $ 1,772
2,021 $ 2,210 $ 2,420 $ 1,584
950 $ 950 $ 950 $ 475
2,971 $ 3,160 $ 3,492 $ 3,831
80,574 $ 88,027 $ 96,291 $ 62,894 � ::
7,312 s 8,787 s 10,573 $ 7,597
931 $ 1,018 $ 1,114 s 709
161 $ 176 $ 193 $ 126
11,807 $ 14,189 s 17,073 s 12,266
1,168 s 1,276 s 1,396 $ 912
s s - s .. 204 s 204 $ 204 $ 119
85 $ 85 $ 85 $ so
14,133 $ 15,263 $ 16,484 $ 10,385
62,555 s 71,076 s 80,858 s 54,926
98,357 $ 112,075 $ 127,980 s 87,090
178,930 $ 200,102 $ 224,270 s 149,983
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FY2024-25 FY2025-26 FY2026-27 FY2027-28 5-Year Total
536,791.06 $ 600,306.24 $ 672,810.89 $ 449,950.21 $ 2,940,609.05 $ $ $ $ 53,250.00
63,563.98 � 68,136.96 � 72,310.24 � 44,834.37 � 301i7n.20 600,355.04 s 668,443.20 $ 745,121.13 $ 494,784.58 $ 3,295,636.25 �
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EXHIBIT 1