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HomeMy WebLinkAboutCC Resolution 10519 (Consolidated Fire Dispatch Center)RESOLUTION NO. 10519 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER WHEREAS, the City Council of the City of San Rafael desires to cooperate with the County of Marin ("County") to combine their separately located fire dispatch centers into a single Consolidated Fire Dispatch Center, under their joint operation, with the objectives to enhance the level of dispatch services, to achieve cost savings, to obtain increased space, to plan for and implement coordinated dispatch services, and to eventually provide contract fire dispatch services for other jurisdictions; and WHEREAS, the City Council of the City of San Rafael desires to cooperate with the Marin Emergency Radio Authority ("MERA"), by permitting the Authority to locate its countywide radio system controllers and associated equipment in a separate area of the building to be constructed by the City and County to house the Consolidated Fire Dispatch Center; and WHEREAS, the City Council of the City of San Rafael desires to jointly plan and fund, with the County and MERA, the construction of the building to house the Consolidated Fire Dispatch Center and the MERA controllers and equipment at the rear of the property owned by the County that is now leased to the City for San Rafael Fire Station #7, located at 3530 Civic Center Drive; and WHEREAS, the City Council of the City of San Rafael finds that the construction of the aforementioned building and the installation of equipment therein will qualify for a California Environmental Quality Act (CEQA) Class 3 exemption for small structures and equipment, pursuant to Section 15303 of the CEQA Guidelines. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of San Rafael that the Mayor is authorized to execute on behalf of the City of San Rafael the Cooperative Agreement for Funding and Operation of Consolidated Fire Dispatch Center, in the form attached hereto as Exhibit "A". I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 18'hday of October, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A I�11�' 4 , JE M. LEONCINI, City Clerk z COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER This Agreement is entered into this 18thday of October, 1999, by and between the City of San Rafael, a municipal corporation (hereinafter "City"), the County of Marin, a political subdivision of the State of California (hereinafter "County"), and the Marin Emergency Radio Authority, a joint powers authority (hereinafter RECITALS A. The City and County desire to cooperate to combine their existing separately located fire dispatch centers into a new single Consolidated Fire Dispatch Center (Center), under their joint operation, with the objectives to enhance the level of dispatch services, to achieve cost savings, to obtain increased space, to plan for and implement coordinated dispatch services, and to eventually provide contract fire dispatch services for other jurisdictions. B. The City and County also desire to cooperate with the Marin Emergency Radio Authority (hereinafter "MERA!'), by permitting MERA to locate its countywide radio system controller and associated equipment in a separate area of the building to be constructed by City and County to house the Center. MERA agrees to pay for its proportionate share of costs. C. The City and County desire to jointly plan and fund the construction of the building to house the Center and the MERA controller at the rear of the property owned by County that is now leased to the City for San Rafael Fire Station #7, located at 3530 Civic Center Drive, as described in Attachment A. AGREEMENT 1. The purpose of this Agreement is to provide for the joint ownership, planning, funding, construction and operation of a Center by City and County at a new building to be constructed at the aforementioned site, and to also provide for the location by MERA of its controller and associated equipment in a portion of the aforementioned building. This agreement establishes the right of City and County, respectively; to occupy and use the Center to operate a consolidated fire and medical services dispatch center. 2. The City, County and MERA agree to share the cost, now estimated to be approximately $1 million, for. the architectural design, engineering, permit approval, construction, construction administration, construction management, project administration, landscape design and landscaping at the aforementioned site of a new building of approximately 3,850 square feet. 2,850 square feet will be for the City and County Center facilities. 1,000 square feet will be for housing the MERA controller and associated equipment. The City, County and MERA will share all architectural design, engineering, permit approval, construction, construction administration, construction management, project administration, landscape design and landscaping costs on an estimated share basis of 40%, 40%, 20%, EXHIBIT "A" respectively. At the conclusion of the construction of the Center, an actual cost responsibility will be established by the parties and a final share reconciliation of costs will be determined and implemented if requested by at least one party to this agreement. The City, County and MERA will additionally share all operations and maintenance costs common to all entities on a 40%, 40%, 20% basis, respectively, unless a party to this agreement requests renegotiation of these costs within fourteen (14) months of initial occupancy of the building. However, operational costs directly related to the administration and day-to-day functioning of the dispatch services, and related activities, will be shared between the City and the County on a 50%-50% basis. 3. This Agreement establishes the right for MERA to assume occupancy of the above noted 1,000 square feet for housing the MERA controller and associated equipment. A. As a party to this agreement, MERA will assume its proportionate share of the aforementioned design and architectural design, engineering, permit approval, construction, construction administration, construction management, project administration, landscape design and landscaping costs, as described in paragraph 2, as well as its proportionate share of the operations and maintenance costs, as described in paragraph 2, attributable to the housing of its controller and associated equipment in the same building as the Center. B. The City and County recognize that MERA is currently undergoing the process of environmental review. Should the MERA project fail to be approved, MERA will fully relinquish the right to occupy the 1,000 square feet to City and County. Notwithstanding MERA's relinquishment to occupy the 1,000 square feet, MERA will be fully responsible for all architectural design, engineering, permit approval, construction, construction administration, construction management, project administration, landscape design and landscaping costs, as described in paragraph 2, related to the 1,000 square feet held as a right for MERA to occupy, but will not be responsible for any operational costs. Should this occur, all remaining costs would be shared between the City and County on a 50%-50% basis. 4. The City will serve as manager and lead agency for purposes of completing the construction of the new building, with all necessary utilities and other necessary interior and exterior systems, facilities, fixtures, furniture, furnishings, and equipment in place, together with appropriate landscaping. However, with respect to the MERA area in the building, City and County agree that MERA will be responsible for installation of all controllers and related equipment, and any other interior furniture or furnishings to be included within such area. The City's duties as manager and lead agency will include, but not be limited to, selection and contractual retention of an architect, building and landscape design approval, selection and contractual retention of engineering, geotechnical and other consultants as needed, neighborhood outreach, processing of applications for local government permit approvals and environmental determinations, public bidding administration and selection of the building contractor, project administration, and construction administration as needed, and as per the following project schedule: 2 Task Name - 1 Design Develof!ment 2 Core/ShelRuteriors Development 3 Engagement of Consultants 4 Consultant Coordination 5 Outline Specification Development 6 Interim Design Mtg. I & Owner Review 7 Interim Design Mtg. II & Owner Review 8 Public Process 9 Neighborhood Community Meetings 10 Design Review Board 11 Design Review Board 12 Negative Declaration by DCC 13 Budget Review 14 Owner Sign -Off 15 Contract Documentation 16 Submit for Permit to City of San Rafael 17 Bid & Award 18 Construction Phase I 19 Construction Phase II _—__-- -- Duration -� Start — — - Finish 67d 10/25/99 1/25/00 26d 10/25/99 11/29/99 5d 10/25/99 10/29/99 15d 11/1/99 11/19/99 1Sd 11/1/99 11/19/99 Id 11/8/99 11/8/99 j Id 11/29/99 11/29/99 46d 11/23/99 1/25/00 Id 11/23/99 11/23/99 Id 12/7/99 12/7/99 Id 1/4/00 1/4/00 16d 1/4/00 1/25/00 10d 12/6/99 12/17/99 10d ' 12/6/99 12/17/99 45d 12/20/99 2/18/00 15d 1/31/00 2/18/00 20d 2/14/00 3/6/00 50d 3/20/00 5/26/00 85d 3/20/00 7/14/00 5. City will submit invoices to County (and to MERA when the invoice covers work common to all entities or directly related to the aforementioned 1,000 square feet) for all cost and expenses related to the Center as described in paragraph 2 of this agreement with payment to be made to City within forty-five days of receipt. 6. City will provide copies of building and landscape design drawings, construction plans and specifications, and project budgets and construction contracts including any and all change orders to County (and to MERA when the work is common to all entities or directly related to the aforementioned 1,000 square feet) for their review, approval and acceptance, and will additionally keep the County (and MERA when the work is common to all entities or directly related to the aforementioned 1,000 square feet) advised of developments with respect to construction of the building. 7. Following completion of the building, City and County will each provide their own employees who will perform separate fire dispatch functions on an independent basis for each entity at the Center. Administration of the Consolidated Fire Dispatch Center, including but not limited to salaries, benefits, uniforms, scheduling, replacement, personnel, and other facets of employer-employee relations will be the responsibility of each entity for their respective employees. 8. A Joint Operations Plan will be approved and adopted by both City and County prior to occupancy. This Joint Operations Plan will represent the documentation of City and County dispatch policies and procedures for operations in the Center; detail the direct supervision of day-to-day operations; delineate maintenance and staffing augmentation for major incidents; and provide guidelines for the resolution of inter- and intra -agency issues. City and County will cooperate to develop and implement plans within the next two years, to the extent time and resources permit, for cross -training to create interchangeable skills among City and 3 County dispatchers, and for integration of City and County dispatch policies, procedures and manuals. During the term of this agreement it is expected that the City and County Fire Chiefs will effectively manage the independent operations and personnel in the Center. Any issue or dispute, which may arise as to the management of the center, which cannot be resolved, will be referred to the San Rafael City Manager and Marin County Administrator for disposition. Should the City Manager and the County Administrator not successfully resolve a dispute regarding any aspect of the Center's operation, maintenance or funding, then either party may refer the matter to a mutually chosen mediator for guidance with the costs shared by both parties. The City and County goal is to eventually merge the dispatch functions of each entity into one seamless organization, which will permit City and County to jointly contract to provide dispatch services to other fire departments, thereby sharing equally the revenues from such services to further reduce their respective costs for operating the Center. Such integration of dispatch services into a single organization will require the City, County and MERA to adopt an amended or new agreement, and may involve creation of an independent authority. 9. If and when the City and County jointly contract with other fire departments to provide dispatch services, and depending upon call volume, the City and County will agree to create a Supervisor position, employed by either the City or County, whose duties and chain of command will be agreed upon by the parties. The revenue from such contracts will be used first to offset the costs of such a supervisor, and then will be shared equally by the City and County. It is intended that additional entities will be incorporated within the Consolidated Fire Dispatch Center. At such time, additional agreements will be developed to include appropriate distribution of personnel, facilities and administration costs. 10. In the event of a need for repairs or replacements to the building improvements and systems used by or benefiting all the parties, or to the landscaping improvements, the City, County and MERA will share in the payment of such costs in proportion to their initial contribution to costs of construction of the building and the landscape improvements. 11. Each year, the City and County Fire Chiefs will develop a joint budget for the forthcoming fiscal year's dispatch operations. The budget may include such items as amortization of the capital improvements, services and supplies, contractual services, utilities, maintenance, equipment replacement, future capital improvements, and other applicable budgetary categories. This budget will be reviewed and approved by the County Administrator and the City Manager prior to full legislative approval by their respective bodies. 12. The term of this Agreement shall be in effect until June 30, 2009. 13. It is recognized that there are two agreements that affect the property proposed for the construction of the Center: Agreement For Fire Protection Services In And Around County Service Area 19, dated February 17, 1976 (Attachment A), and Lease Agreement, dated July 20, 1976 (Attachment B), both of which expire June 30, 2006. It is the intent of the parties to this agreement to continue providing joint services, past the expiration of these agreements, and to negotiate in good faith to extend all three agreements within thirty-six months of execution of 4 this agreement taking into consideration the investment in improvements by the parties. It is also the intent of all parties to negotiate in good faith an extension of the above mentioned agreements prior to entering into additional agreements with other fire dispatch agencies for Consolidated Fire Dispatch services. 14. Subject to MERA assuming occupancy as provided in paragraph 3 B. of this agreement, MERA shall have the absolute right to occupy the 1,000 square feet until expiration of this agreement, June 30, 2009. In the event that City and County are unable to negotiate and enter into a new agreement for Consolidated Fire Dispatch services, County will make good faith efforts to incorporate MERA into any re -use of the property or assist in relocation of MERA equipment, if necessary. In addition, it is expected that during the term of this agreement that all the parties will effectively manage the Center for the benefit of the programs for which it has been designed. Any issue or dispute which may arise as to the management of Center as it relates to MERA operations will be referred to the San Rafael City Manager, the Marin County Administrator and the MERA Executive Officer for appropriate disposition. Should these parties not successfully resolve a dispute regarding management of the Center as it affects MERA's operations, then any of the parties may refer the matter to a mutually chosen mediator for guidance with the costs shared by all parties. 15. Any notices provided for herein or necessary to the performance of this Agreement will be given by personal delivery or by prepaid first-class mail as follows: City of San Rafael: City Manager P.O. Box 151560 1400 Fifth Avenue San Rafael, CA 95405-1560 County of Marin: County Administrator County of Marin 3501 Civic Center Drive, Room 325 San Rafael, CA 95405 Marin Emergency Radio Authority: Executive Officer County of Marin 3501 Civic Center Drive, Room 325 San Rafael, CA 95405 5 16. Each party to this agreement expressly agrees that it shall be responsible for the negligence, acts of omission, intentional acts, willful acts or indeed any acts giving rise to liability of itself, its employees and/or authorized representatives. 17. This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied. 18. No modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. 19. If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEROF, the parties hereto have entered into this Agreement as of the date first hereinabove written. CITY OF SAN RAFAEL ATTEST: ALBERT J. BORO, Mayor JEANNE M. LEONCINI, City Clerk COUNTY OF MARIN ATTEST: By: ANNETTE ROSE, President of the Board of Supervisors MARIN EMERGENCY RADIO AUTHORITY By: BROCK ARNER, Vice -President of the Board of Directors CIVIC CENTER FIRE STATION SITE BEGINNING at the most northerly corner of the parcel described in the lease to the United States of America recorded in Book 1462 of Official Records at Page 75, said corner being a point in the boundary of the Marin County Civic Center; thence along said boundary according to the survey thereof - recorded in.Book 12 of Surveys at Page 77 North 44° 39' 09" best 54.20 feet, North 45° 20' 51" East 212.49 feet and North 44' 39' 09" Hest 100.00 feet; thence leaving said boundary South 45° 20' 51" West 263.92 feet to a point in the general easterly line of Civic Center DriVe as said Drive is described in Resolution 9195 of the Marin County Board of Supervisors adopted January 17,'1967; thence along said easterly line on a curve to the right, having a radius of 475 feet and whose center bears South .70* 50' 32" Nest, through a central angle of 4° 09' 28" a distance of 34.47 feet; thence South 15° 00' East 27.95 feet; thence along a tangent curve to the left having a radius of 500 feet through a central angle of 9° 45' a distance of 85.08 feet; thence South 240 45' East 23.61 feet to a point in the northwesterly line of the aforesaid lease to the United States.of America; thence along said northwesterly line North 450 20' 51" East 124.86 feet to the point of beginning. 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