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HomeMy WebLinkAboutCC Resolution 10555 (Fire Dispatch Center)RESOLUTION NO. 10555 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, REPEALING RESOLUTION NO. 10519, AND AUTHORIZING EXECUTION OF REVISED COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER WHEREAS, the City Council previously approved Resolution No. 10519, authorizing the Mayor to execute on behalf of the City a Cooperative Agreement for Funding and Operation of Consolidated Fire Dispatch Center, between the City, the County of Marin, and the Marin Emergency Radio Authority ("MERA"), which Agreement was never executed because of a determination by MERA to not locate its facilities in the building to be constructed for the Consolidated Fire Dispatch Center; and WHEREAS, the City Council of the City of San Rafael still 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 still desires to jointly plan and fund with the County the construction of the building to house the Consolidated Fire Dispatch Center 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 Revised 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 20°i day of December, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None 2 JEXNNE M. LEONCIM, City Clerk REVISED COOPERATIVE AGREEMENT FOR FUNDING AND OPERATION OF CONSOLIDATED FIRE DISPATCH CENTER This Agreement is entered into this _ day of January, 2000, by and between the City of San Rafael, a municipal corporation (hereinafter "City") and the County of Marin, a political subdivision of the State of California (hereinafter "County"). RECITALS A. 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. City and County desire to jointly plan and fund the construction of the building to house the Center at the rear of the property owned by County that is now leased to City for San Rafael Fire Station #7, located at 3530 Civic Center Drive, as described in Attachments A and B. C. City and County desire to jointly consider plans for an up to 5,000 square foot building adjacent to the Center which could house a County Emergency Operations Center and/or a Sheriffs Communications Dispatch Center to be built and operated by the County. 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. 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. City and the County agree to share the cost, now estimated to be approximately $875,000, 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 2,850 square feet. City and County will share all architectural design, engineering, permit approval, construction, construction administration, construction management, project administration, landscape design and landscaping costs on a 50°/x/50% basis, including consultant costs incurred to date by City for such purposes. City and County will additionally share all operations and maintenance costs on a 50%/50% basis. 3. City and County agree to the County's right to establish, at County's sole cost and expense an up to 5,000 square foot building on the subject property for use as a County 1 EXHIBIT A Emergency Operations Center and/or a Sheriffs Communication Dispatch Center. The actual establishment of such a structure will be subject to design approval by both parties and appropriate community review. The specific location and terms and conditions related to the construction of such structure shall be specifically defined in an amendment to this agreement. As of the date of this Agreement, this building may or may not be feasible and should not be considered reasonably foreseeable. 4. City will serve as manager and lead agency for purposes of completing the construction of the Center, with all necessary utilities and other necessary interior and exterior systems, facilities, fixtures, furniture, furnishings, and equipment in place, together with appropriate landscaping. 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: 5. City will submit invoices to County for 50% of all costs 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 for their review, approval and acceptance, and will additionally keep County advised of developments with respect to construction of the building. 2 Task Name Duration Start Finish 1 Design Development 92d 01/03/00 05/09/00 2 Core/Shell/Interiors Development 30d 01/03/00 02/11/00 3 Engagement of Consultants 10d 01/03/00 01/14/00 4 Consultant Coordination 20d 01/17/00 02/11/00 5 Outline Specific Development 20d 01/17/00 02/11/00 6 Interim Design Mtg. I & Owner Review ld 01/10/00 01/10/00 7 Interim Design Mtg. II & Owner Review ld 02/11/00 02/11/00 8 Public Process 61d 02/15/00 05/09/00 9 Neighborhood Community Meetings ld 02/15/00 02/15/00 10 Design Review Board 1d 02/29/00 02/29/00 11 Design Review Board 1d 04/11/00 04/11/00 12 Negative Declaration by DCC 1d 05/09/00 05/09/00 13 Budget Review 1d 03/03/00 03/03/00 14 Owner Sign -Off 1d 03/10/00 03/10/00 15 Contract Documentation 55d 02/14/00 04/28/00 16 Submit for Permit to City of San Rafael l ld 04/14/00 04/28/00 17 Bid & Award 20d 04/28/00 05/25/00 18 Construction 85d 06/05/00 09/29/00 5. City will submit invoices to County for 50% of all costs 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 for their review, approval and acceptance, and will additionally keep County advised of developments with respect to construction of the building. 2 7. Following completion of the Center, 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 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 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 goal of City and County 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 City and County to adopt an amended or new Agreement, and may involve creation of an independent authority. 9. If and when City and County jointly contract with other fire departments to provide dispatch services, and depending upon call volume, City and County will agree to create a Supervisor position, employed by either 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 City and County. It is intended that additional entities will be incorporated within the 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, or to the landscaping improvements, City and County will share in the payment of such costs on a 50%/50% basis. 11. Each year, City and County Fire Chiefs will develop a joint budget for the forthcoming fiscal year Center's operations. The budget may include such items as amortization of the capital improvements, services and supplies, contractual services, utilities, maintenance, 3 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 this agreement taking into consideration the investment in improvements by the parties and the City's recognition in Paragraph 2 of the County's right to construct a building on the property. It is also the intent of both 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. 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 94901-1560 County of Marin: County Administrator County of Marin 3501 Civic Center Drive, Room 325 San Rafael, CA 95903 15. 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. 16. 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. 17. 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 both parties, 4 and then shall be effective only for the period and on the condition, and for the specific instance for which given. 18. 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 WHEREOF, the parties hereto have entered into this Agreement as of the date first herein above written. CITY OF SAN RAFAEL Z614V 4,4r- ALBAT ^� J. 0,Myor COUNTY OF MARIN President of the Board of Supervisors 5 ATTEST: A's&- JEA&N-E M. LEONCINI, City Clerk ATTEST: Clerk of the Board of Supervisors AC&LEi it it f FGR F o RE PROTECT I ON SCRV 1 CC• S Ill AUD AROUND COUNTY SERVICE AREA 19 v THIS AGREEMENT, made and entered into this 12th day of', February 1576, by and batween tha CITY OF SAN RAFAEL, hureincftdr referred" to as "Ci.ty", the COUNTY OF MARIN, hereinafter referred to as "County". and COUNTY SEkV.IGE AREA 19 OF TIIE COUNTY Of HARIN, hereinafter referred to as "Service Area".: provides for fire protection services in the territory of County Service A(ea 19 and adjoining areas. " A_ City agrees to: 2 1. Construct a fire station to City speclffcations;at a *l.t!',. provided by County as defined in this agreement; the City to bllity and cost for architectural services, site preparation, act tq ,"land- scaping, outfitting and equippl"ng said station; the Clty to diiigen-fiy pursue planning and construction of said station upon -execution of.f*his ; agreem.:nt. City agrees to afford County opportunity tp revigw',tba_daslgn and construction plans and specifications for said statioa. 2. Utilize the fire station referred ;to in ppra��aph above to house such equipment and qualified firemen gas whll i a 1 loo ., tM'.. Ci r` ' . '.f'• . to provide an adequate and timely first response fire proteetioA:to a,I.t, areas of Service Area; such manpower and equipment to'be iocatbif An rald': ' station upon completlon of construction and gutfitting of that station. , 3. Provide the following as first response to gny•.�tructural- fire within Service Area commencing on date as designated In'parsgrapit A.4. below: I squad company. 2 engine companies and 1 truck company (four trucks and a minimum of 7 to 9 men) all to be dispatched simultaneously. l;. Assume Fu11 fire protection resonnslbilitles, effective July 1, 1976 or upon completion of construction and outfitting of the station referred to*above, whichever date occurs sooner; said fire protection respon- sibilities to be effective Lhroughout Service Area as well as the China Camp area ^f the San Pedro Peninsula; both Service. Area and China Camp arra defined W on m:,ps attnrhed to and incorporated into this aeraement. Attachment A `'. Pruviju full and adequate review and recommundations for preptr fire l,ratcCriun featurei in all. structures proposed for development within Service Arca, to mate such recora%ndations via the County -Chief Building Inspector, to insure that these features are included within the approved plan; this service to commence immedlately upon executlon,of° this agreement. 6. Asswpe all other fire protection reaponsibilitias and supervision of fire protection services beyond those enumerated herein throughout Service Area upon the date designated in paragraph AA.. above. , B. County agrees to: 1. Provide City with a thirty-year lease of approxlpa,- 3/4 of an acre of land,• at an annual cost to City of $1 .00. for'coolstruction r of the San Rafael fire station indicated in paragraph A.1. abovarthe land . being presently vacant County owned land on the Civic Center site 'east of Civic Center Drive, between the post.office building and Kadfson eva'us .; extended, ••. - M • 2. Compensate the City in the amount of $21202 per:ypar for.. "-�'' •,; fire protection services- provided in the China Camp are* and othee;areas outside City and Service Area but within the San Pedro Penins4ia as def Inod In paragraph A.4. above. 3.• Recognize the City's fire protection authority over all areas of Service Area, as well as the areas defined in paragraph,A.6. above, commencing on that date designated in paragraph A.4, above. 4. Send to the City Fire Chief for review of fire protection.. .. features, al.) proposed development plans for construction of structures f, within Service Area. C. Service Area agrees to; 1. Contribute to the construction of the fire sta'tlgn defined in paragraph A.I. above in the amount of one-half the total'.cost of design, crnstruction, site development.and other costs directly related to, said fire station construction, up to an amount not to exceed $75,000; this amount to be exclusive of the revenue proceeds from the 71C tax rate referred to in paragraph C.°. beiaw; payment of the funds fnr construction to be made to the . City based on a pro -rating of progress payments by the City for costs of said r.cvtc.tru:.t�nn. -2- 7. CLp"rsate the City for fire protection services deflned in paragraphs A.3 and A.4 (above) the total revenues generated by a ]IC tax rate applied to all property within Service Area; said payment to commence on an annual fiscal year basis on the date designated in paragriPh.-A.4 above; the first year amount to be pro -rated If necessary. The amount raieed will be paid, to the City in two annual increments. one on December 24 and one on April 24. 3. Prepare and hold hearings with the Intent of presenting to the voters proposals for provision of adequate fire hydrants and fire pro- ' tection water mains in those areas of Service Area where such.hydrents and mains are not now adequate. It is the intent of Service Area to present such proposals to the voters for the election scheduled in June of 1976. 4. Continua to provide first response fire protection ser- vices in Service Area with the existing level of men and equlpmagt; during the period prior to the date designated. in paragraph A.4 above; with the understanding that City mutual aid assistance on a fItst respons4 basis wil'1.• be afforded during- that. period through the existing mutual cid agreement between the -City and the County.' 0. This agreement shall be for five years tarminating, J+itie..3p•.; .' 1981. It Is understood that it Is the present expectation of•thp,parties _ that this agreement will be renewed for a subsequent five.=year period on the same terms and conditions. In the event that a requiremegt mandated by statutory decision of the State or Federal government or court 4f competent jurisdiction adds more than 10% per year to the costs Incurred- by'any.party- to this contract, then that party may, In writing, seek a renegotiation of. this contract with the understanding that renegotiation, its used here. Includes the possibility of terminatlon. E. Written notice by any of the parties of intent nat•to renew' this agreement for another five years must be submitted to the other parties " not later than May 30, 1980. Any termination of this agreement will occur on June 30th of the year of termination. In the event of non -renewal, County .. or Service Area is hereby afforded the option to acquire full title to the -3- _'fit � � �y�y� .•may.. fire statiun iniorovements and the remaining leasehold title vested with the City for a payment of an amount not to exceed $7$,000; In the -event that this uptian Is not executed by County or Service Area, the City shalll have the rights to continue use of the building as afire station during~the remainder of the leasehold period. F. Upon completion of this agreement and appropriate eXCenslons to the full extent of a thirty-year lease period, County or Servlce Area' " Is hereby afforded the option to acquire full title to the flre'statton improvements for the period of an amount not to exceed $75,000; In the event this option is not executed by County or Service Area; full title ire the fire station, as well as the lease property, shall vest':v110 tba tky.' IN WITNESS WHEREOF. the parties hereto have entergt� agreement the day and year first above written. CITY OF SAN RAFAEL ' ,C j',f� •'7 •, '•r ,s ATTEST: I7 By Mayor City Clock COUNTY SERVICE AREA 19 OF THE COUNTY. 0P MMU4:'' By :� • ; Chairman of the Board of Supp;v{sots ATTEST: Clerk is . COUNTY OF NARIN ICU i ' By Chairman of the Board of upervisors ATTEST: �.yS 1 Pi4A Clerk -4- LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 2othday of July 1976, by and between the COUNTY OF MARIN, hereinafter referred to as "Lessor'!,, and the CITY OF SAN RAFAEL. hereinafter referred to as "Lessee". for use of certain property awned by Lessor, W I T N E S S E T H: WHEREAS, County Service Area No. 19, Lessor and Lessee have mutually executed a contract entitled "Agreement for Fire Protection Services In and Around County Service Area 19", hereinafter referred to as "Contract"; and WHEREAS, under terns of said Contract, Lessee has agreed to provide fire protection services to areas within the boundaries of County Service Area No. 19 and also to the adjacent unincorporated areas of the San Pedro penin- sula; and WHEREAS, pursuant to Contract, Lessee has agreed to construct a City Fire Department substation upon property owned by Lessor, NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1. Lessor hereby leases to Lessee that certain property situate in San Rafael, more particularly described in Exhibit A attached, for a period of thirty (30) years, pursuant to Section B-1 of Contract, commencing on the lst day of July, 1976, and terminating on June 30, 2006. 2. Lessee shall pay rent in the sum of One Dollar ($1.00) per annum for use of said property. Said rent shall be payable in advance to the County of Marin, c/o Auditor -Controller, Civic Cep ter. San Rafael, California 94903, upon execution of this Lease Agreement. j i 3. Lessee shall construct a City Fire Department substation upon the property described in Exhibit A attached, in accordance with the terms set forth under Section A-1 of Contract. r . AUG 986 '1i J Attachment B 4. Lessee shall adequately maintain said substation and property landscape and maintain the remainder of the property described in Exhibit A attached, for the entire term of this Lease Agreement. 5. Lessee shall hold Lessor harmless from any liability arising from use of the aforesaid premises during the term of this Lease Agreement. 6. In the event of nonrenewal of Contract, and Lessor or County Service Area No. 19 exercises option to acquire full title to the fire station improvements pursuant to Section E of Contract, this Lease Agreement shall terminate. 7. Upon completion of this Lease Agreement after expiration of the thirty (30) year lease period, if option to acquire fire station improvements is not exercised by Lessor or County Service Area No. 19, in accordance with the provisions of Section F of Contract, title to the leased property shall vest with Lessee subject to the condition that said property continues to be used as an active City Fire Department substation. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agree- ment the day and year first above written. COUNTY OF MARIN By •lLQ� Chairman of the Boar of Supervisors ATTEST: Clerk ATTEST: Clerk U CITY'OF SAN RAFAEL Mayor -2- _ r , CIVIC CENTER FIRE STATION SITE BEGINNING at the most northerly corner of the parcel described in the lease to the United States of Aimerica 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" [Test 54.20 feet, North 45' 20' 51",East 212.49 feet and north 44' 39' 09" West 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 tha 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" West, 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 24° 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 45' 20' 51" East 124.86 feet to the point of beginning. Exhibit A 1A) h = 3 A¢7 � p 2 aXh \ + IZ z/Z�i9 •v Al ¢S'ZO ;5 % "fir /24 61L 7 �$ �"'2 a'S/'F• °'dsG fea S. f�osf 3 � d 2 a e. 7S- >1 SZ 1 � ra i COUNTY OF MAR1N DEPARTMENT OF PUBLIC WORKS APPROVED ,y DIRECTOR OF PUYLIC WORKS Civic _ OESIGN!O 1 DRAWN 1 CMC"Zo I fall � f FILE NO.