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HomeMy WebLinkAboutResolution No. 4806RESOLUTION NO. 4806 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with County of Marin Mutual Aid Agreement A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, here- by 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 August 19__14 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None �2241L" MARION A. GRADY - City Cler AGREEMENT THIS AGREEMENT, made and entered into this day of , 1974, by and between the COUNTY OF MARIN, a poli- tical subdivision of the State of California, hereinafter referred to as "County," and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "City, is WITNESSETH: In consideration of the mutual promises and covenants hereinafter con- tained, the parties hereto do hereby agree as follows: 1. This Agreement shall pertain only to the territory within the corpor- ate boundaries of City and within the limits of the proposed County Service Area 19, as approved and defined by Marin County Local Agency Formation Com- mission Resolution 74-28 and as described in Exhibit A attached hereto and by reference incorporated herein. 2. Any request for aid hereunder shall be made by the Fire Chief, an Assistant Chief, a Battalion Chief, or such other officer of either department as may be designated by its respective Fire Chief. 3. Upon request to the Fire Department of the City by the Fire Depart- ment of County, fire -fighting equipment and personnel of the Fire Department of City will be dispatched promptly to any point designated by County within the area described in Exhibit A. 4. Upon request.to•the Fire Department of County by the Fire Depart- ment of City, fire -fighting equipment and personnel' of the Fire Department of County will be dispatched promptly to any point within the corporate limits of City, designated by the Fire Department of City. 5. Upon request to the Fire Department of City by the Fire, Department of County, resuscitation and first aid treatment equipment and personnel of the Fire Department of City will be dispatched promptly to any point designated by the Fire Department of County within the area described in Exhibit A. 6. Upon request to the Fire Department of County by the Fire Depart- ment of City, resuscitation and first aid treatment equipment and personnel of the Fire Department of County will be dispatched promptly to any point within the corporate boundaries of City as designated by the Fire Department of City 7. Any dispatch of fire -fighting, resuscitation or first aid treatment equipment and personnel pursuant to this Agreement is subject to the following conditions: i a. Any request hereunder for aid in the suppression of a structural fire shall not have been initiated until such time as the request- ing organization has arrived at the scene of the fire with at least one pumper equipped with a pump having a rated capacity of five hundred (5 00) gallons per minute and a one thousant (1, 00 0) foot hose complement of two and one-half (22) inch hose, miscellaneous equipment needed to suppress structure fires, and manned by two (2) full-time firemen having fire suppression capabilities. b. Notwithstanding the provisions of subsection 7 (a) , a request for aid hereunder may be initiated immediately if, in the opinion of the Fire Officer best able to determine, there is an immediate threat to human life, or to property lying within the territory served by the other party. C. Any request for aid hereunder shall include a statement of the amount and type of equipment or personnel requested and shall specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and number of personnel to be furnished shall be determined by the respond- ing organization. d. The responding organization shall report to the officer in charge of the requesting organization at the location to which the equip- ment is dispatched and shall be subject to the orders of that officer. e. A responding organization shall be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire pro- tection. . 8. No party shall be reimbursed by any other party for any costs incurred hereunder except where one party provides first response to a first aid or resuscita- tion call in the territory served by the other party; the charge in this case will be One Hundred Dollars ($100) per call. 9. Upon completion of annexation of any portion of County Service Area #19 to the City of San Rafael, property taxes and all other income from whatever source collected by the County of Marin for County Service Area #19 shall be prorated as of the date of annexation for the area annexed and shall be paid to the City of San Rafael by the County of Marin. Annexation shall be deemed complete upon filing and acceptance of the annexation by the Secretary of State. 10. Upon request of the San Rafael Fire Department to the Fire De- partment of the County of Marin, the County Fire Department shall and it shall be their duty to request the services of the State Division of Forestry for aerial tanker drops or any other assistance which the State Division of Forestry might afford. The City of San Rafael shall pay for those services received from the State Division of Forestry. 11. City hereby holds County, its officers, agents, servants and em- ployees, while acting as such, free and harmless from any liability from any ob- ligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of County under the provisions of this Agreement. 12. County holds City, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of per- sons received or suffered by reason of any actions of County under the provi- sions of this Agreement. 13. This Agreement may be amended by mutual consent of the parties hereto and may be cancelled by either party upon sixty (60) days' notice in writ- ing delivered to the governing body of the other party. 14. The effective date of this agreement shall be November 6, 1974, and mutual aid will commencd In accordance with the items of the Agreement. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. COUNTY OF MARIN M ATTEST: Chairman of the Board of Supervisors CITY OF SAN RAFAEL By. ATTEST