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Home My WebLink AboutCC Resolution 9230 (Marinwood Community Services District JPA)RESOLUTION NO. 9230 A RESOLUTION AUTHORIZING THE SIGNING OF A JOINT POWERS AGREEMENT WITH THE MARINWOOD COMMUNITY SERVICES DISTRICT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a Joint Powers Agreement with the Marinwood Community Services District for mutual fire protection services, commencing thirty (30) days after its execution by City and District. I, JEANNE M_ LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 19th day of September, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAN M_ LEONCM, City Clerk ORIGINAL �9�, JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this 19TH day of SEPTEMBER , 1994, by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and the MARINWOOD COMMUNITY SERVICES DISTRICT, hereinafter referred to as "DISTRICT." R E C I T A L S 1. Title 1, Division 7, Chapter 5 of the California Government Code provides that public agencies can enter into joint powers agreements. 2. It is in the mutual interest of CITY and DISTRICT to enter into a joint powers agreement to provide for mutual fire protection services to certain areas of CITY and DISTRICT. 3. It is the intent of CITY and DISTRICT to ensure that coverage of the Marinwood Fire Station will become an integral part of the overall San Rafael system of fire station coverage. 4. CITY has agreed to improve its paramedics service with the addition of a second paramedics unit, staffed by two EMT -Paramedics or by one EMT and one Paramedic. This staffing level will be rotated on a regular basis between the two stations, one unit to be stationed north of Puerto Suello Hill, as outlined in the letter from Robert E. Marcucci, Fire Chief, dated September 12, 1994. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, CITY and DISTRICT hereby agree as follows: Section 1: Terms of Agreement. This Agreement becomes effective thirty (30) days after its execution by CITY and DISTRICT, and shall be effective until termination by either party pursuant to Section 9 of this agreement. Section 2: Traininq. A. DISTRICT's employees shall participate in CITY's Fire Department training sessions, exercises, drills, and proficiency indexes. B. In situations where DISTRICT utilizes CITY's training facility at Station #2, CITY will provide an engine and personnel complement to DISTRICT while DISTRICT's personnel are absent from their station for purposes of said training. Section 3: Duties of DISTRICT. DISTRICT agrees to perform the following duties and obligations: A. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company with a three (3) person complement on a single engine response within the San Rafael Fire Department service area, as illustrated in EXHIBIT "A" attached hereto. B. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company with a three (3) person complement on any multi -company response or alarm within the San Rafael service area as illustrated in EXHIBIT "A" attached hereto. C. To establish and maintain the three (3) person complement mentioned in 3. A. and 3. B. as consisting of one (1) officer or acting officer and two (2) firefighters. D. To provide CITY with emergency backup communications utilizing existing facilities at DISTRICT's fire station. E. To provide a chief officer, if available, to assist in coordination between DISTRICT and CITY when DISTRICT's apparatus is engaged in emergency operations within CITY, as shown in EXHIBIT "A" attached hereto Section 4: Duties of CITY. CITY agrees to perform the following duties and obligations: A. To integrate coverage of the Marinwood Station into the overall San Rafael system of fire station coverage, including automatic move -up, as defined in the mutual aid matrix in use by Marinwood and San Rafael and the Marin County mutual aid plan. 2 B. To dispatch, within CITY'S capabilities of available personnel and equipment, on a first alarm, one (1) engine and one (1) truck or two (2) engines to DISTRICT's service area as illustrated in EXHIBIT "A" attached hereto. C. When DISTRICT's first -out engine is dispatched on a medical emergency and DISTRICT's second engine is not staffed within eight minutes, CITY shall relocate an engine to Las Gallinas and Skyview (or to a point mutually agreed to by both Fire Chiefs) to provide multiple -district coverage until such time as DISTRICT's second engine is staffed or DISTRICT's first -out engine is available within DISTRICT. D. To provide DISTRICT with 9-1-1 and twenty-four (24) hour dispatching service, for the receipt and retransmission of emergency alarms only. E. To respond to all emergencies occurring within DISTRICT while DISTRICT is engaged in emergency operations within CITY, or subsequent alarms occurring within the DISTRICT. F. To provide, upon request, and with reasonable notice, a chief officer to DISTRICT to assume position of Incident Commander should the DISTRICT's Fire Chief be unavailable. Section 5: Compensation. As additional consideration for DISTRICT's performance under this Agreement, CITY shall compensate DISTRICT one hundred eighty thousand ($180,000.00) dollars per year, payable in two separate and equal installments on December 15th and on June 15th of each year, increased for each following fiscal year by any increase of the Consumer Price Index for the San Francisco Bay Area All -Urban Consumers for December. Section 6: Agreement Administrators and Notices. DISTRICT's administrator of this Agreement shall be the Fire Chief of the Marinwood Fire Department or his/her designee. CITY's administrator of this Agreement shall be the Fire Chief of the 3 San Rafael Fire Department or his/her designee. Any notices required to be sent pursuant to this Agreement shall be addressed as follows: TO CITY: Fire Chief, San Rafael Fire Department P. O. Box 151560 San Rafael, CA 94915-1560. TO DISTRICT: Fire Chief, Marinwood Fire Dc:paztment 777 Miller Creek Road San Rafael, CA 94903-1323 Section 7: Indemnitv/Hold Harmless. CITY shall hold harmless DISTRICT, its officers, agents, and employees, while acting within the course and scope of their employment, from any liability, including attorney fees, from any obligation arising by virtue of law, because of injury to property or injury or death of persons which occurred by reason of any actions of CITY under the provisions of this Agreement. DISTRICT shall hold harmless CITY, its officers, agents, and employees, while acting within the course and scope of their employment, from any liability, including attorney fees, from any obligation arising by virtue of law, because of injury to property or injury or death of persons which occurred by reason of any actions of DISTRICT under the provisions of this Agreement. Section 8: Integration & Amendment. This joint powers agreement represents the whole and entire Agreement between CITY and DISTRICT. No provision or obligation hereunder may be amended except upon subsequent written agreement of CITY and DISTRICT. Section 9: Termination. This Agreement may be terminated, for any reason, by either party, giving written notice to the other, one hundred eighty (180) days prior to the effective date of termination. Should this Agreement be terminated, the 4 Agreement between CITY and DISTRICT dated November 5, 1979, shall be reinstated. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement this 5TH day of CITY OF SAN P'�^"FL By: �� 1- 1,--` - / y Albert J. Bo , Mayor Pamela J. Nicolai, City Manager ATTEST: Jeanne M. Leoncini, City Clerk OCTOBER , 1994. APPROVED AS TO ORM: Gary T. R4ghianti, City Attorney D:\ON\AGREE\SRJPA.994 5 MARINWOOD COMMUNITY SERVICES DISTRICT By: (oat d- Howard H. Council, Chair Genevieve T. Bolding, District Manager ATTEST: Genevieve T. Bolding, Districemanager APPROVED AS TO FORM: � _ r Alexis McBride, Deputy County Counsel