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HomeMy WebLinkAboutFD Fire Chief Officer Services for Marinwood; Amend 1____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-10-130 Council Meeting: 10/01/2018 Disposition: Resolution 14593 Agenda Item No: 7.c Meeting Date: October 1, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Fire Department Prepared by: Christopher Gray, Fire Chief City Manager Approval: ______________ TOPIC: FIRE CHIEF OFFICER SERVICES FOR MARINWOOD SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING TO INCLUDE FIRE CHIEF OFFICER SERVICES RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute an amendment to the Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing to include Fire Chief Officer Services, subject to compliance with notice requirements to affected employee labor groups pursuant to the Meyers Milias Brown Act (MMBA). BACKGROUND: The City of San Rafael (City) and the Marinwood Community Services District (Marinwood) provide shared fire protection services in each other’s service area (collectively referred to as the “unified operational area”). This arrangement between the City and Marinwood is articulated in a joint powers agreement that was approved by the City Council in 2014. The joint powers agreement outlines an interagency personnel deployment and operational structure that include the following topics: sharing of personnel on a voluntary basis; creation of a staffing plan to be developed and implemented by the Fire Chief of the City and the Fire Chief of Marinwood; and budgeting and reimbursement of overtime pay costs relating to personnel sharing. For full details of the operational agreement, please see the executed joint powers agreement (Attachment 1). Operationally, the San Rafael and Marinwood Fire Departments have worked, trained and served the San Rafael and Marinwood communities together for many years. Together, they have provided 24/7 operational fire and paramedic coverage to the community: supported by 9-1-1 call services, joint training opportunities, fire prevention, emergency management, and environmental management services, records management and equipment support; and administrative support services. Marinwood officials have expressed that their jurisdiction is currently in need of obtaining Fire Chief Officer Services necessary for the administration and operations of the Marinwood Fire Department. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: Over the past several months, officials and staff from both the City and Marinwood, including each jurisdiction’s Fire Chief, have met to explore options to enhance the existing joint powers agreement between the two agencies to include Fire Chief Officer Services. City staff has determined that the City, through its Fire Chief, the San Rafael Fire Department command staff, and other personnel, possesses the skills, expertise and other necessary resources needed to satisfy Marinwood’s current need for Fire Chief Officer Services. Through mutual discussions between City and Marinwood staff, both parties have identified a recommendation to amend the existing joint powers agreement to include Fire Chief Officer Services. By incorporating Fire Chief Officer Services into the existing joint powers agreement via an amendment, both the City and Marinwood would maintain the existing operational arrangement, while further improving the day-to-day functions and coordination of both jurisdictions within the unified operational area. The addition of shared Fire Chief Officer Services also enhances fire protection service and increases operational efficiency, while establishing a more sustainable organizational service delivery system. The proposed First Amendment to the existing joint powers agreement (Attachment 2) defines the scope of Fire Chief Officer Services to be provided by the City to Marinwood. As provided for in the First Amendment, the City’s Fire Chief or designated Chief Officer would assist Marinwood’s District Manager in administering all operations of the Marinwood Fire Department by being responsible for the planning, organizing, staffing, coordinating, directing, and budgeting of all functions, policies, and procedures of the Marinwood Fire Department; ensuring protection of the lives and property of residents from loss due to fire or related hazards; coordinating operations of the Marinwood Fire Department with other fire departments and other agencies. For full details of the scope of Fire Chief Officer Services, see Exhibit B of the proposed First Amendment. At their September 11, 2018 meeting, the Marinwood Community Services District Board of Directors tentatively approved a proposed First Amendment to the existing joint powers agreement to include Fire Chief Officer Services. Staff recommends that the City Council approve and authorize the City Manager to execute the First Amendment, subject to compliance with notice requirements to affected employee labor groups pursuant to the Meyers Milias Brown Act (MMBA). FISCAL IMPACT: The proposed First Amendment articulates that Marinwood will pay the City a flat annual Services Fee, whose amount is $96,320 for the first year of the five-year term of the amended joint powers agreement. At the end of each year of the term, the Services Fee for the following year will increase by three percent of the then-current Services Fee. Therefore, the proposed First Amendment is expected to generate revenues to the City as follows: Year Amount Year 1 $96,320 Year 2 $102,186 Year 3 $105,252 Year 4 $108,409 Year 5 $111,662 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a First Amendment to the Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing to include Fire Chief Officer Services , subject to compliance with notice requirements to affected employee labor groups pursuant to the Meyers Milias Brown Act (MMBA). ATTACHMENTS: 1.Existing Joint Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing 2.Resolution Approving First Amendment to Joint Exercise of Powers Agreement, with Exhibit 1: First Amendment JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING This Joint Exercise of Powers Agreement ("Agreement") is entered into this 'irJ.1. day of /Jp R 11-. 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY and DISTRICT, the agency parties to this Agreement, have entered into a series of cooperative agreements for fire and emergency services since 1973 and mutually agree to continue with an automatic aid agreement for the benefit of both communities; and WHEREAS, CITY and DISTRICT desire to continue their cooperative efforts in delivering fire and emergency services with this automatic aid agreement for the benefit of both communities; and WHEREAS, CITY and DISTRICT have determined that the continued sharing of personnel services between CITY and DISTRICT exemplified in previous agreements between the two agencies will be advantageous to each of them; and WHEREAS, CITY and DISTRICT agree that a more comprehensive agreement for the sharing of fire service personnel between CITY and DISTRICT over a unified operational area depicted in Exhibit A attached hereto and incorporated herein ("the Unified Operational Area"), would provide enhanced benefits to each of them by increasing the availability of required minimum staffing for emergency response throughout the Unified Operational Area; and WHEREAS, it is the CITY's and DISTRICT's intention in entering into this Agreement not to alter or in any way affect the employment relationship each has with its respective fire department employees, and is on a voluntary basis; and WHEREAS, the parties understand and agree that under Government Code Sections 65 I 3 and 55634, when one party's employees are performing their functions and duties extraterritorially in the other party's jurisdiction under this Agreement, these employees shall continue to have and enjoy the same privileges and immunities, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which these employees have and enjoy when engaged in such duties and functions within the territorial limits of their own jurisdiction; and WHEREAS, both CITY and DISTRICT desire to enter into a new operational agreement for the provision of fire protection, emergency services, and personnel sharing, which shall supersede the existing agreement between the CITY and DISTRICT dated June 20, 2011; 1 and WHEREAS, in carrying out their obligations under this Agreement, the parties understand and agree that they are acting under the authority of the Joint Exercise of Powers Act, Government Code Sections 6500 et seq.; AGREEMENT NOW, THEREFORE, the agency parties hereby agree as follows: 1. TERM OF AGREEMENT This Agreement shall commence on 2014 (the "Effective Date") and shall remain operative and effective until participation is tenninated by one of the parties. It is further agreed that either of the parties may terminate the Agreement at any time by giving written notice to the other party at least ninety (90) days prior to the date of the termination. 2. TYPE OF ASSISTANCE -CITY TO DISTRJCT In aid of DISTRICT, CITY agrees: A. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a first alarm structural fire response within DISTRICT's service area as illustrated in Exhibit "A", one (1) CITY Engine Company, one (1) CITY Aerial Ladder Truck Company, and one (l) CITY Chief Officer. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional CITY Engine Company for a total of three (3) Fire Companies. B. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a vegetation/wildland fire response within DISTRICT's service area as illustrated in Exhibit "A", two (2) CITY Engine Companies, and one (1) CITY Chief Officer. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (I) additional CITY Engine Company for a total of three (3) Fire Companies. C. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a rescue response within DISTRICT's service area as illustrated in Exhibit "A", one (1) CITY Aerial Ladder Truck Company and one (1) CITY Chief Officer. [f the DISTRICT Engine Company is unavailable for response, CITY agrees to send one ( l) additional CITY Engine Company for a total of two (2) Fire Companies. D. To automatically dispatch, within CITY's capabilities of available personnel and equipment, within DISTRICT's service area as illustrated in Exhibit ""A", one (1) CITY Engine Company on a single engine response when the DISTRICT Engine Company is not available. E. To arrange for the County of Marin Sheriff Department" s Communication Center r·coMM CENTER") to provide DISTRICT with twenty-four (24) hour 9-1-1 response and dispatching service and oversight for receipt and re-transmission of emergency alarrns. 2 F. To provide, within CITY's capabilities of available personnel and equipment, a Chief Officer response to any first alarm or other incident in the DISTRICT that would normally include a Battalion Chief in a dedicated vehicle in the CITY, as part of the DISTRICT response, as dispatched by the COMM CENTER. During response and upon arrival at the incident, the CITY's Chief Officer shall direct and oversee the emergency event in an incident command role and function. The CITY understands that the Chief Officer can be relieved or cancelled by the DISTRICT's Fire Chief who appears at the incident scene and communicates to the CITY' s Chief Officer his intention to assume command. The CITY Chief Officer will remain on scene until the incident is mitigated or command is assumed by the DISTRICT's Fire Chief. In the event of simultaneous calls in the CITY and DISTRICT, the responding CITY Chief Officer shall have discretion as to the priority handling of such calls, considering alternate available resources. G. To provide computer related support for fire reporting and communication purposes. H. Subject to the terms of this Agreement, to be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by CITY employees while performing services under this Agreement. I. To place a reserve ambulance at DISTRICT's Fire Station upon DISTRICT's written request to CITY to have it there, for use at the discretion of the on-duty Battalion Chief or on-duty Fire Captain, to maintain adequate service levels, provided the ambulance can be a cross-staffed ALS unit with a minimum of one ( 1) Captain, Engineer or Firefighter EMT-P and one ( 1) Captain, ~ngineer or Firefighter EMT. CITY shall perform regular maintenance on such ambulance by CITY's mechanics at the times and places determined by CITY. J. As specified herein, to assist DISTRICT in establishing Engine 58 (DISTRICT's Engine) as an ALS Engine Company to complement CITY's paramedic services in Paramedic Service Area B. Within 120 days from the Effective Date, CITY shall provide DISTRICT with ALS Equipment, Medical Direction, ongoing training, and other ALS needs that are required to provide services that meet Marin County EMS standards, and to match what CITY provides to its own ALS Engines; provided that: 1. DISTRICT paramedic personnel shall serve strictly within the parameters of the medical and operational procedures and requirements of and for CITY's firefighter-paramedics; 11. In recognition that regular rotation of paramedic personnel onto ambulance units is desirable for the maintenance of essential paramedic skills, DISTRICT and CITY shall cooperate to establish a mutually agreeable staffing and operational plan to require and enable DISTRICT's paramedic personnel to participate with CITY's paramedic personnel in regular rotations onto ambulance units; u1. DISTRICT shall retain discretion on when to operate Engine 58 as an ALS Engine Company; and 1v. If and when DISTRICT commences to provide paramedic services in Paramedic Service Area B, then CITY shall, on an annual basis, reimburse DISTRICT for any paramedic pay differential costs actually incurred by DISTRICT for not more than three (3) members serving in the rank of firefighter/paramedic. Additional expenditures by DISTRICT in connection with the provision of 3 paramedic services may be eligible for reimbursement by CITY provided that prior approval for such expenditures has been given by CITY in writing. K. To provide fuel for DISTRICT Fire Apparatus from any of CITY's Fire Department Fuel Stations, at no cost to DISTRICT, to the extent such fuel is available and in excess of CITY's needs, at times and places determined by CITY. L. To provide to DISTRICT a Type 1 Fire Apparatus, capable of front line service, for DISTRICT use as needed when requested by DISTRICT, to the extent that CITY has such an apparatus in good working order that is not presently needed by CITY, and to perform regular maintenance on such apparatus by CITY's mechanics at the times and places determined by CITY. M. To establish and define a structure for the sharing of personnel between the fire departments of DISTRICT and CITY, to jointly provide necessary fire and emergency services to both agencies within the Unified Operational Area, thus improving the delivery of such services to both Agencies while achieving greater efficiency and economic benefit. 3. TYPE OF ASSISTANCE -DISTRICT TO CITY lfl aid of CITY, DISTRICT agrees: A. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company on a single engine response within the San Rafael Fire Department service area, as illustrated in Exhibit "A". B. Subject to the tenns of this Agreement, to be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by DISTRICT employees while performing services under this Agreement. C. To establish and define a structure for the sharing of personnel between the fire departments of DISTRICT and CITY, to jointly provide necessary fire and emergency services to both Agencies within the Unified Operational Area, thus improving the delivery of such services to both Agencies while achieving greater efficiency and economic benefit. 4. MUTUAL BENEFIT -INTERAGENCY PERSONNEL DEPLOYMENT AND OPERATIONAL STRUCTURE A. CITY and DISTRICT intend that this Agreement will provide mutual benefits to both parties, and agree to continue to participate in the Marin County Local Fire Service and Rescue Mutual Aid Plan and other areas of cooperation . .B. Sharing of Personnel. Subject to the limitations and requirements of the collective bargaining agreement(s) between each agency and its respective union(s), as of the Effective Date, the Fire Chief of each agency is hereby authorized to assign any of the agency's fire department personnel, subject to such personnel's voluntary agreement to this assignment, to temporary duty with the other agency upon the request of the Fire Chief of the other agency. Personnel from the agency providing services (hereinafter the "Sole Employer") assigned for 4 { ( duty to the other agency (hereinafter the "Receiving Agency") shall become familiar with and observe all operational policies and procedures of the Receiving Agency. C. Staffing Plan. A staffing plan shall be developed and implemented jointly by the DISTRICT Fire Chief and the CITY Fire Chief. The objective of sharing personnel and the goal of the staffing plan will be to cover overtime shifts or vacancies in each agency for captain, firefighter or engineer positions, on an as-needed basis. In no event shall personnel deployment cause either agency to fall below defined minimum staffing levels; each agency shall continue to be responsible for maintaining its own minimum staffing levels. D. Budgets/Reimbursement of Overtime Costs. Each agency will maintain its existing separate budget; provided, however that the DISTRICT Fire Chief and the CITY Fire Chief shall work together to facilitate the efficient and equitable allocation of revenues and costs under this Agreement. The agencies agree that when an agency acting as the Sole Employer incurs overtime costs due to the assignment of its personnel to the Receiving Agency pursuant to this Agreement, the Sole Employer shall be reimbursed by the Receiving Agency for the total amount of overtime pay liability incurred by the Sole Employer. It is understood and agreed that the calculation of overtime pay due to the assignment of personnel to the Receiving Agency shall be based upon the base pay compensation rates set for such personnel by the Sole Employer, and that the assignment of personnel under this Agreement shall not result in any change in the base pay compensation rates for such personnel. Quarterly, any Sole Employer incurring such overtime pay costs shall send an invoice to the Receiving Agency for reimbursement of such overtime costs, which shall be paid by the Receiving Agency within thirty (3 0) days of receipt. 5. THE UNIONS As of the Effective Date, the San Rafael Firefighters Association, the San Rafael Chief Officers Association and Marinwood Professional Firefighters Association represent the Firefighters employed by both Agencies. The existing respective bargaining agreements, as may be amended from time to time, shall apply to the shared personnel contemplated by this Agreement, according to the specific collective bargaining agreement(s) in effect between the Agency and said personnel. 6. ADMINISTRATION OF AGREEMENT The City Manager of CITY and the District Manager of DISTRICT, or their respective designees, are each authorized to take such actions as are necessary to implement and administer the terms of this Agreement on behalf of their respective agencies, provided, however, that either Manager may determine in his or her sole discretion that it is necessary to receive the approval of his or her agency's Elected Body. 7. EMPLOYER/EMPLOYEE RELATIONSHIP It is the intent of the parties that each agency acting as a Sole Employer shall remain the sole employer of any and all of its employees temporarily assigned to the Receiving Agency under the terms of this Agreement. Employees of the Sole Employer shall continue to receive the rights, privileges and benefits conferred by the Sole Employer at all times that the employee 5 is temporarily assigned to the Receiving Agency. A. Compensation. No employee of a Sole Employer may receive any compensation (including salary, retirement, leave and other benefits) from the Receiving Agency. Compensation shall only be conferred upon the employee by the Sole Employer regardless of the number of hours the employee may be assigned to the Receiving Agency. B. Discipline. The Receiving Agency may not reprimand, suspend, or take any disciplinary action whatsoever against an employee of the Sole Employer temporarily assigned to the Receiving Agency. Only the Sole Employer may discipline an employee temporarily assigned to a Receiving Agency, regardless of the number of hours the employee may be assigned to the Receiving Agency. C. Control of Work and Temporary Hour Limitations. The parties expressly understand and agree that the Sole Employer controls and shall continue to control the means and manner by which all work is to be performed by the personnel of the Sole Employer at all times while the personnel are temporarily assigned to a Receiving Agency under the terms of this Agreement. Additionally, the parties expressly understand and agree that the employees of the Sole Employer shall not be temporarily assigned to the Receiving Agency in excess of any of the following: l) an average of twenty (20) hours per week per year; 2) one thousand (1,000) hours within a fiscal year; or 3) full-time for any six-month period. D. Retirement System and Benefits. CITY and DISTRICT further represent and warrant that each of them are contracting agencies of the Public Employees' Retirement System ('"PERS"), established by Part 3 of Division 5 of Title 2 of the Government Code (Gov. Code§§ 20000 et seq.) or the Marin County Employees' Retirement Association ("MCERA"), established pursuant to the County Employees Retirement Law of 1937 (Gov. Code §§ 31450 et seq.), and will remain contracting agencies with such retirement systems throughout the term of this Agreement. The agencies further warrant that each agency's employees that will be assigned to the other agency pursuant to this Agreement are members of the Sole Employer's retirement system at all times that such members are assigned to the Receiving Agency. No employee of a Sole Employer may accrue any retirement credits or be entitled to any retirement benefits from the Receiving Agency, regardless of how many hours, days, months or years that employee may be assigned to the Receiving Agency under this Agreement. E. Notice to Employees. The parties further represent and warrant that each Sole Employer shall provide a copy of this section or summary of the provisions of this section to each of its employees that may be assigned to the Receiving Agency under this Agreement within 30 days of the Effective Date or the employee's date of hire, whichever comes later. Each Sole Employer shall retain a copy of the notice provided to each employee under this section in a fmm that bears the signature of the employee with the date of the employee's signature attesting to the receipt of such notice and the understanding of the employee as to his/her rights while being assigned to the Receiving Agent~y under this. No Sole Employer shall assign any employee to the Receiving Agency until the Sole Employer has received a signed copy of this notice from its employee. 6 8. INSURANCE ( { A. Workers' Compensation Insurance. CITY and DISTRICT shall each provide workers' compensation insurance for its respective employees, even when such employees are assigned to a Receiving Agency. All workers' compensation claims shall be filed exclusively with the employee's employer and each agency party retains its own losses for any workers' compensation loss, without any right of subrogation or other recourse against the other agency party. CITY and DISTRICT each warrants that it carries workers' compensation insurance or is self-insured in compliance with the requirements of the California Workers' Compensation Act. B. Liability Insurance. CITY and DISTRICT each shall maintain at its sole cost and expense, either through private insurance or membership in a risk-sharing joint powers authority, liability insurance coverage with minimum limits of five million dollars ($5,000,000) per occurrence for death, bodily injury, personal injury, or property damage. C. Auto Physical Damage Insurance. For any CITY ambulance or Type 1 Fire Apparatus provided by CITY to DISTRICT under this Agreement, DISTRICT shall maintain for CITY's benefit replacement cost auto physical damage insurance coverage on such vehicle through a private insurer or through its membership in a risk-sharing joint powers authority. In the event of any damage to such vehicle while provided to DISTRICT, DISTRICT shall be responsible for the payment of the amount of any deductibles under such coverage that may be necessary to replace such vehicle. D. Other Requirements. All required insurance coverages shall be substantiated with a certificate of insurance or certificate of coverage and must be signed by a representative of the insurer or risk-sharing joint powers authority evidencing such insurance to its named insured. Each agency party's general liability policy shall be endorsed naming the other agency party as an additional insured. Each agency party's workers' compensation policy shall be endorsed to waive any right of subrogation against the other agency party. The certificates of insurance and required endorsements shall be furnished to each agency party prior to the Effective Date. Said policies shall remain in force through the term of this Agreement and shall be payable on a per occurrence basis only. Nothing herein shall be construed as a limit of either agency party's liability, and each agency party shall indemnify, defend, and hold harmless the other agency party in accordance with the provisions of Section 11 of this Agreement. Failure to provide and maintain the insurance required by this Agreement will constitute a material breach of the Agreement. In addition to any other remedies, an agency party may suspend payment to the other agency party for any services provided during the time that insurance was not in effect and until such time as the defaulting agency party provides adequate evidence that it has obtained the required coverage. 9. TRAINING DISTRICT's Fire Chief and firefighters shall be able to participate in all CITY Fire Department exercises, drills and proficiency indexes, at no cost to DISTRICT, subject to any qualification requirements and any limitations on space available for such training. Subject to the CITY Fire Department's first priority for its use, DISTRICT may utilize the CITY's training facility at Fire Station No. 2. CITY will provide emergency response, within the CITY's 7 capabilities of available personnel and equipment, from the closest appropriate CITY emergency response unit to DISTRICT while DISTRICT's personnel are absent from their station for purposes of said training. 10. AGREEMENT ADMINISTRATION/NOTICES The City Manager shall be the representative of the CITY for all purposes under this Agreement. The CITY's Fire Chief is hereby designated the Agreement Administrator for the CITY, and said Administrator shall supervise all aspects of the implementation of this Agreement for CITY. The District Manager shall be the representative of DISTRICT for all purposes under this Agreement. The DISTRICT's Fire Chief is hereby designated the Agreement Administrator for the DISTRICT, and said Agreement Administrator shall supervise all aspects of the implementation of this Agreement for DISTRICT. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal deli very, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: TO DISTRICT: 11. INDEMNIFICATION Fire Chief, San Rafael Fire Department City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 Fire Chief, Marinwood Fire Department Marinwood Community Services District 777 Miller Creek Road San Rafael, California 94903-13 23 To the fullest extent allowed by law, CITY shall defend, indemnify and hold harmless DISTRICT, its officers, agents and employees, while acting within the course and scope of their employment under this Agreement, from any liability or damage, including but not limited to attorneys' fees, arising from any acts or omissions of CITY, its officers, agents and employees, provided that such hold harmless and indemnification shall not extend to liabilities or damages caused by the sole negligence or willful misconduct of DISTRICT. To the fullest extent allowed by law, DISTRICT shall defend, indemnify and hold harmless CITY, its officers, agents and employees, while acting within the course and scope of their employment under this Agreement, from any liability or damage, including but not limited to attorneys' fees, arising from any acts or omissions of DISTRICT, its officers, agents and employees, except such liability or damage caused by the sole negligence or willful misconduct of CITY. DISTRICT shall further defend, indemnify and hold harmless CITY, its officers, agents 8 ( ( ( and employees, from any and all loss, liabilities, or property damage incurred, no matter how caused, in connection with the use and/or operation, for any purpose whatsoever, of any CITY-owned vehicles provided for DISTRICT use pursuant to this Agreement, provided that such hold harmless and indemnification shall not extend to liabilities or damages caused by the sole negligence or willful misconduct of CITY. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination of this Agreement for the full period ohime allowed by law. 12. ENTIRE AGREEMENT --AMENDMENTS Subject to the provisions of Section l, this Agreement supersedes any and all prior agreements between the parties and 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ATTEST: Esther C. Beirne, City Clerk APPROVED AS TO FORM: Robert F. Epstein, City Attorney 9 MARINWOOD COMMUNITY SERVICES DISTRICT ~Wt~--ThmasD. Hmne.llisfrict Manager Thomas Roach, Fire Chief ATTEST: APPROVED AS TO FORM: EXHIBIT A ~ \ ,..r 1 ., ~ -~ '. , . • 'I San Rafael Larkspur Marinwood Fire Departments N A A CalPERS ( ( California Public Employees' Retirement System Customer Account Services Division P.O. Box 942709 Sacramento, CA 94229-2709 TTY for Speech and Hearing Impaired: (916) 795-3240 (888) CalPERS (225-7377) FAX (916) 795-3005 March 26, 2014 Eric Davis, Deputy City Attorney II City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Mr. Davis; ( RECEIVED APR O 1 2014 CITY ATTORNEY This letter is regarding your inquiry concerning a shared services agreement between the City of San Rafael and the Marinwood Community Services District {Marinwood CSD). CalPERS has reviewed the submittesd documentation, and we have determined that San Rafael employees working under this agreement shall continue to be deemed employees of San Rafael for all service performed under the agreement. Likewise, Marinwood CSD employees working under this agreement shall continue to be deemed employees of Marinwood CSD for such service. The shared service agreement between San Rafael and Marinwood CSD is structured as a Joint Exercise of Powers Agreement. Government Code section 6513 and Government Code section 55634 provide benefit protection for employees working extraterritorially though a Joint Powers Agreement, and specifically provides for sharing of public safety services. CalPERS has therefore determined that CalPERS members who are employees of the Marinwood Community Services District shall continue to be reported to Cal PERS for such service. Employees of the City of San Rafael shall remain in their respective retirement system, and should not be reported to CalPERS. This determination shall be applicable to the agreement as currently reviewed. Should the agreement later be amended or revised, please advise CalPERS of any revisions, as we may require further review. CalPERS remains committed to assisting our members in all matters related to their retirement within the statutory authority available to us. Should you have any further questions regarding this matter please do not hesitate to contact me at (916) 795-2363. Sincerely, Ronald Gow, RPS II Membership, Analysis & Design Unit Customer Account Services Division cc: Marinwood Community Services District January 31, 2014 Eric T. Davis Deputy City Altomey City of San Rafael 1400 5th A venue San Rafael, CA 9491 5-1 560 Deur Mr. Davis. /1/10,ur 415 473-0147 f.1\· (lm1,•/11s) 1115 473-3612 j,,x (,1,lmi11/ 415 '113-4119 u•,t1U1 IJJ.,C.!r,f.fUit This letter is in response to your January 23, 2014 request that the Marin County Employees' Retirement Association (MCERA) review a proposed Shared Services Agreement between the Cily or San Rafael and the Marinwood Community Services District. Spccilically. you asked whether any aspects or the proposed agreement would impact the benelits of the fire deparlment employees for the City of San Rafael who are currently members of MCERA. Based on the following provisions in the proposed agreement it is my view that the City of San Rafael employees providing Lhe shared services will continue to be members of MCERA for as long as they remain in MCERJ\ m~mbership eligible positions (e.g .• per MCERA Bylaws, in the City"s ·'allocated budgeted positions devoting not Jess than seventy-five percent {75%) of that full-time allocated budgeted position''): • Section 7 of the proposed agreement provides that the individuals providing the shareJ service will remain employees of the City of San Rafoel. • Section 7 A defines that the compensation from the shared service will continue to be provided by the City of Sun Rafael and no dire~t compensation will be provided by Marinwood Community Service District • Section 7C of the proposed agreement provides thut the City of San Rafael will retain all control over the work to be provided. We understand that the Cily has also asked the Califomia Public Employees' Retirement System (C'alPERS) whether City of San Rafael employees who provide services under the Agreement would be considered CalPERS members wilh respect to that service. My position on the City employees continuing to be members oF MCERA is contingent on the City receiving confirmation from CalPERS that these employees would not become members or CalPERS. ,, Eric T. Davis Jammry 31. 2014 Page2 ( This determination is based on the drntl agreement dated August 15.2013, with City edits of 9/23/13. 12/2/13 and 1/3/14, included in your January 23, 2014 letter, Any material changes to the agreement or in Ca!PERS' conclusions will need to be reviewed by MCERA to detenninc whether there are impacts to the retirement benefits of our members. Also, this letter addresses only with the question of the City employees' membership in MC ERA and does not address qucstinns related to compensation earnable for employees hired into MC ERA membership positions prior to January 1. 2013 or pensionable compensation for those tirst hired on or after January 1. 2013. If you have any frn1her questions or require additional in formation please tee I free to contact me directly at (415) 473-3733. Retirement Administrator Cc: Michelle Hardesty, Assistanl Retiremenl Administrator Ashley Dunning, MCERA Gl:neral Counsel, Manatt Phelps and Phillips RESOLUTION NO. 14593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING TO INCLUDE FIRE CHIEF OFFICER SERVICES WHEREAS, on April 8, 2014, the City of San Rafael and the Marinwood Community Services District entered into an agreement entitled “Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, an d Personnel Sharing” (hereinafter the “Agreement); and WHEREAS, in addition to the provisions for services and personnel sharing in the Agreement, the Marinwood Community Services District is also in current need of obtaining Fire Chief Officer Services necessary for the administration and operations of the Marinwood Fire Department; and WHEREAS, the City of San Rafael, through its Fire Chief, Fire Department command staff, and other personnel, possesses the skills, expertise and other necessary resources needed to satisfy the Marinwood Community Services District’s current need for Fire Chief Officer Services, and is willing to provide those services to the Marinwood Community Services District; and WHEREAS, in accordance with the Section 12 of the Agreement, the City of San Rafael and the Marinwood Community Services District wish to amend the Agreement to additionally include Fire Chief Officer Services as described in the First Amendment ; and WHEREAS, in consideration of the mutual and respective promises, and subject to all the terms and conditions of the Agreement, except as modified by the First Amendment, the City of San Rafael and the Marinwood Community Services District agree to amend the Agreement; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, the First Amendment to the Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing to include Fire Chief Officer Services, attached as Exhibit 1 and incorporated herein, subject to non-substantive changes approved by the City Attorney and compliance with notice requirements to affected employee labor groups pursuant to the MMBA. I, Lindsay Lara, City 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 Page 1 of 2 Page 2 of 2 City Council of said City held on the 1st day of October 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None __________________________________ Lindsay Lara, City Clerk 1 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING THIS FIRST AMENDMENT TO AGREEMENT is entered into on [MONTH] [DAY], [YEAR], by and between the CITY OF SAN RAFAEL, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT, a community services district organized under the Community Services District Law, codified as Government Code section 61000 et seq. (hereinafter the “DISTRICT”). CITY and DISTRICT may sometimes hereinafter individually be referred to as a “party” or jointly as the “Parties.” RECITALS A. On April 8, 2014, the Parties entered into an agreement entitled “Joint Exercise of Powers Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection, Emergency Services, and Personnel Sharing” (hereinafter the “Agreement). B. In addition to the provisions for services and personnel sharing in the Agreement, the DISTRICT is also in current need of obtaining Fire Chief Officer Services necessary for the administration and operations of the Marinwood Fire Department. C. The CITY, through its Fire Chief, Fire Department command staff, and other personnel, possesses the skills, expertise and other necessary resources needed to satisfy the DISTRICT’s current need for Fire Chief Officer Services, and is willing to provide those services to the DISTRICT. D. In accordance with the Section 12 of the Agreement, the Parties wish to amend the Agreement to additionally include Fire Chief Officer Services as described in this First Amendment. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree to amend the Agreement as follows: 2 ARTICLE 1. Exhibit A to the Agreement is hereby replaced with “EXHIBIT A” attached to this First Amendment and incorporated herein by reference. ARTICLE 2. Any and all references in the Agreement to the DISTRICT’s “Fire Chief” shall be deemed to refer to DISTRICT’s District Manager or their designee. ARTICLE 3. New Section 2.1 entitled “FIRE CHIEF OFFICER SERVICES – CITY OBLIGATIONS TO DISTRICT”, is hereby added to the Agreement to read in its entirety as follows: 2.1. FIRE CHIEF OFFICER SERVICES – CITY OBLIGATIONS TO DISTRICT A. Cooperation. CITY will cooperate with DISTRICT regarding CITY’S performance of Fire Chief Officer Services, recognizing the Fire Chief Officer Services provided pursuant to this Agreement are required for oversight of all DISTRICT fire operations. B. Provision of Fire Chief Officer Services. CITY will provide the Fire Chief Officer Services described in Exhibit B, attached and incorporated herein by reference (“Fire Chief Officer Services"). For the purposes of this Agreement, all references to CITY’S “Fire Chief” shall be deemed to refer to the San Rafael Fire Chief or their Designated Chief Officer. C. Compensation of CITY Personnel. Throughout the term of this Agreement, CITY will continue to be responsible for all compensation provided to CITY personnel including CITY’S Fire Chief. ARTICLE 4. New Section 3.1 entitled “FIRE CHIEF OFFICER SERVICES – DISTRICT OBLIGATIONS TO CITY”, is hereby added to the Agreement to read in its entirety as follows: 3.1 FIRE CHIEF OFFICER SERVICES – DISTRICT OBLIGATIONS TO CITY A. Cooperation. DISTRICT will cooperate with CITY regarding CITY’S performance of Fire Chief Officer Services, recognizing the Fire Chief Officer Services provided for oversight of DISTRICT operations pursuant to this Agreement are provided in addition to CITY’S ongoing oversight of CITY’S Fire Department services. B. Payment for Fire Chief Officer Services. DISTRICT will reimburse CITY for the cost of providing Fire Chief Officer Services pursuant to this Agreement, as follows: 3 i. DISTRICT shall pay CITY a flat annual fee for services in an amount agreed upon by both Parties (the “Services Fee”), which the Parties agree shall be the sum of $96,320.20 for the first year of the term of this Agreement. At the end of each year of the term, the Services Fee for the next year shall be increased by three percent (3%) of the then-current Services Fee. CITY shall submit invoices to DISTRICT in accordance with this Agreement not more often than monthly, and DISTRICT shall pay any such invoices within 30 days; ii. At the end of five years, if CITY determines its costs associated with the provision of Fire Chief Officer Services as provided in this Agreement exceed the then-current Services Fee, CITY may, with not less than sixty (60) days’ notice to DISTRICT, request an increase of the Services Fee and the Parties agree to negotiate in good faith a mutually agreeable resolution of the requested fee adjustment prior to the requested effective date of such adjustment. The agreed upon fee shall become the new “Services Fee” and shall be subject to the adjustments over five years provided in Subsection B.i. above. Thereafter throughout the term of this Agreement, a similar process may be followed for adjustment of the Services Fee not more frequently than every five years. ARTICLE 5. Section 2, TYPE OF ASSISTANCE – CITY TO DISTRICT, is hereby amended to delete Subsection F thereof in its entirety. ARTICLE 6. Section 7, EMPLOYER/EMPLOYEE RELATIONSHIP, Subsection B, Discipline, is hereby amended to read in its entirety as follows: B. Discipline. The Receiving Agency may not reprimand, suspend, or take any disciplinary action whatsoever against an employee of the Sole Employer temporarily assigned to the Receiving Agency. Only the Sole Employer may discipline an employee temporarily assigned to a Receiving Agency, regardless of the number of hours the employee may be assigned to the Receiving Agency. The Receiving Agency may recommend that disciplinary action be considered by the Sole Employer, provided that nothing in this Agreement shall require the Sole Employer to implement the recommended disciplinary action. If DISTRICT is the Sole Employer, all recommendations by CITY that disciplinary action be considered shall be made by CITY’S Fire Chief or Designated Chief Officer only. If CITY is the Sole Employer, all recommendations by DISTRICT that disciplinary action be considered shall be made by DISTRICT’S District Manager or their designated representative only. 4 ARTICLE 7. Except as hereinabove amended, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the day first written above. CITY OF SAN RAFAEL MARINWOOD COMMUNITY SERVICES DISTRICT ______________________________ ______________________________ Gary O. Philips, Mayor Leah Green, Board President ______________________________ ______________________________ Jim Schutz, City Manager Eric Dreikosen, District Manager ______________________________ ______________________________ Christopher Gray, Fire Chief Thomas Roach, Fire Chief ATTEST: ATTEST: ______________________________ ______________________________ Lindsay Lara, City Clerk Carolyn Sullivan, Secretary to the Board of Directors APPROVED AS TO FORM: APPROVED AS TO FORM: _________________________________ _____________________________ Robert F. Epstein, City Attorney [INSERT NAME], District Counsel Station 55 Station 54 Station 56 Station 51 (Temp)Station 52 (Temp) Station 53 (Temp 57) Station 58 Marinwood San Rafael Fire Administration Esri, HER E, Garmin, © OpenStreetMap contributors, and the GIS usercommunity ¯ EXHIBIT A 0 1.5 30.75 Miles San RafaelMarinwoodFire Departments EXHIBIT B FIRE CHIEF OFFICER SERVICES The Fire Chief Officer Services provided by the CITY’s Fire Chief or Designated Chief Officer to DISTRICT pursuant to this Agreement will generally include the following: 1. CITY’s Fire Chief or Designated Chief Officer will assist DISTRICT’s District Manager in administering all operations of DISTRICT’s Fire Department by being responsible for the planning, organizing, staffing, coordinating, directing, and budgeting of all functions, policies, and procedures of DISTRICT’s Fire Department; ensuring protection of the lives and property of residents from loss due to fire or related hazards; coordinating operations of the Fire Department with other fire departments and other agencies. 2. CITY’s Fire Chief or Designated Chief Officer will respond to emergency incidents and assume the role of incident commander as needed and/or support the incident commander as warranted. 3. CITY’s Fire Chief or Designated Chief Officer will attend DISTRICT’s Board of Directors meetings and prepare reports as needed or directed, subject to the availability of CITY’S Fire Chief. 4. CITY’s Fire Chief or Designated Chief Officer will attend DISTRICT’s Fire Commission meetings and prepare reports as needed or directed, subject to the availability of CITY’s Fire Chief. 5. CITY’s Fire Chief or Designated Chief Officer will determine work schedules and make work assignment as required to ensure adequate staffing levels. 6. CITY’s Fire Chief or Designated Chief Officer will prepare narrative and statistical reports relating to the administration and operations of DISTRICT’s fire department. 7. CITY’s Fire Chief or Designated Chief Officer will respond to correspondence relating to the administration and operations of DISTRICT’s fire department. 8. CITY’s Fire Chief or Designated Chief Officer will prepare and administer DISTRICT’s fire department budget, subject to approval of DISTRICT’s Board of Directors and in conjunction with DISTRICT’s District Manager or their designee. 9. CITY’s Fire Chief or Designated Chief Officer will have sufficient knowledge of the Insurance Services Office rating schedule to assist in achieving the best possible rating for DISTRICT’s fire department with the available resources. 10. CITY’s Fire Chief or Designated Chief Officer will direct the establishment and maintenance of records necessary to meet both legal requirements and standards as adopted by the DISTRICT. 11. CITY’s Fire Chief or Designated Chief Officer will send NFIRS reports to State Fire Marshal's Office as required. 12. CITY’s Fire Chief or Designated Chief Officer will initiate cost recovery billing for emergency incidents to the appropriate agency. 13. CITY’s Fire Chief or Designated Chief Officer will review budget performance monthly and will prepare written reports to the Fire Commission relating to this same topic. 14. CITY’s Fire Chief or Designated Chief Officer will oversee the purchasing of supplies and equipment and approve all expenditures. All expenditures shall be appropriated in DISTRICT’s budget, which shall be approved by DISTRICT’s Board of Directors. 15. CITY’s Fire Chief or Designated Chief Officer will review and approve all invoices and allocate them to the appropriate general ledger accounts. 16. CITY’s Fire Chief or Designated Chief Officer will plan, organize, and direct the activities of the DISTRICT’s fire department and the professional staff and volunteers engaged in fire suppression, fire prevention, medical aid, rescue, hazardous material mitigation and disaster planning in DISTRICT’s jurisdiction, as well as the general administration of the activities specified in this section. 17. CITY’s Fire Chief or Designated Chief Officer will ensure personnel safety. 18. CITY’s Fire Chief or Designated Chief Officer will be responsible for investigation and determination of fire causes and origin. 19. CITY’s Fire Chief or Designated Chief Officer will direct DISTRICT’s fire department's training, fire prevention, and maintenance programs. 20. CITY’s Fire Chief or Designated Chief Officer will apply risk management programs, including fire protection standards and applicable laws. 21. CITY’s Fire Chief or Designated Chief Officer will plan and supervise the requisition, maintenance, operation, and proper utilization of materials, supplies, and equipment. 22. CITY’s Fire Chief or Designated Chief Officer will see that all applicable laws, ordinances, codes, rules and regulations pertaining to fire protection are enforced. 23. CITY’s Fire Chief or Designated Chief Officer will supervise and review all tentative plans for new developments for water supply mains, hydrants, sprinklers, and related items for compliance with applicable regulations. 24. CITY’s Fire Chief or Designated Chief Officer will coordinate DISTRICT’s fire department activities with those of other public and private agencies and CSD departments. 25. CITY’s Fire Chief or Designated Chief Officer will inspect personnel, equipment, and quarters to ensure that DISTRICT’s fire department standards are attained. 26. CITY’s Fire Chief or Designated Chief Officer will report and make recommendations to the DISTRICT’s Fire Commission and Board of Directors for the purchase of new apparatus and other fire equipment; directs the preparation of specifications for new equipment. 27. CITY’s Fire Chief or Designated Chief Officer will formulate DISTRICT’s fire department goals and objectives and develops plans for future operation and projected needs of the Department to measure progress toward their achievement. 28. CITY’s Fire Chief or Designated Chief Officer will develop and coordinate DISTRICT’s fire department disaster planning with the County master plan. 29. CITY’s Fire Chief or Designated Chief Officer will attend meetings of the Marin County Fire Chiefs Association and other professional organizations and agencies as warranted, subject to CITY’s Fire Chief’s availability. 30. CITY’s Fire Chief or Designated Chief Officer will assist in conducting all plan reviews of remodels and new construction relating to fire. 31. CITY’s Fire Chief or Designated Chief Officer will know and understand building construction codes, California Building Code, Uniform Fire Code, and International Wildland Urban Interface Code. 32. CITY’s Fire Chief or Designated Chief Officer will lead DISTRICT in process of new fire code adoption. 33. CITY’s Fire Chief or Designated Chief Officer will respond to reports of hazardous conditions on private property. 34. CITY’s Battalion Chiefs will continue in the role of Operations Chiefs for DISTRICT personnel and oversee daily management of DISTRICT’s operational personnel. 35. CITY’s Fire Chief or Designated Chief Officer will provide resources, as available and as reasonable, to maintain DISTRICT’s CERT Program. 36. CITY’s Fire Chief or Designated Chief Officer will provide resources, as available and as reasonable, to support DISTRICT’S Grant Award Management/Report Writing efforts.