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FD Joint Exercise of Powers with Marinwood Community Services District; Fire Protection, Emergency Services and Personnel Sharing; First AmendmentFIRST 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 as of November 1, 2018, 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: y�10 ��0 �. �. 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 perfonnance 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 tenn 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 perfonnance 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: 2 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 tern, 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 deternines 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. 3 ARTICLE 7. Except as hereinabove amended, all tenns 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 ATTEST: Lindsay Lara, City Clerk APPROVED AS TO FORM: L 6 94 �A - .1111 9 Robert F. Epstein, City tton y 0 MARINWOOD COMMUNITY SERVICES DISTRICT Leah Green, Boar resident - Eric Dreikosen, District Manager ATTEST: i - Carolyn S 1 ivan, Secretary to the Board of Directors rairray N EXHIBIT A San Rafael Marinwood Fire Departments Station 58 Marinwood • San Rafael Fire Administration Station 56 0 Station 53 (Temp 57) Station 55 • San Anrnlmr, -t Station 52 (Temp) Station 51 (Temp) 0 0 0.75 1.5 3 Miles Station 54 • San ,: nrn,in Esri, HERE, Garmin, O OpenStreetMap contributors, and the GIS user community 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 conunander as needed and/or support the incident conunander 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 assigmnent 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 establislunent 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 thein to the appropriate general ledger accounts. 16. CITY's Fire Clnief 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. ,tk RAFq�` �o C/Ty WITH A -' CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Chief Gray Extension: 3084 Contractor Name: 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 (dated 11/1/18) Contractor's Contact: Eric Dreikosen, District Manager, Marinwood CSD Contact's Email: edreikosen@marinwood.org Step RESPONSIBLE DESCRIPTION REVIEWER COMPLETED DEPARTMENT _ a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager N/A b. Email contract (in Word) and attachments to City 8/24/18 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/14/2019 and return to Project Manager b. Confirm insurance requirements, create Job on N/A PINS, send PINS insurance notice to contractor Approval of final agreement form to send to 3 Department Director Project Manager contractor Forward three (3) originals of final agreement to 4 _ Project Manager contractor for their signature When necessary, contractor -signed agreement 5 ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 10/1/2018 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 10/17/19 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signedI ) dl i7 City Attorney agreement _ Review and approve insurance in PINS, and bonds 8 l d`�7 City Manager/ Mayor (for Public Works Contracts) _ Agreement executed by City Council authorized 9 ? V�� i l� City Clerk official 10 Attest signatures, retains original agreement and ��1,13/ I q -V- forwards copies to Project Manager