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Home My WebLink AboutCC Resolution 13174 (Shared Services; Marinwood)RESOLUTION NO. 13174 RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES WHEREAS, the current Agreement between the City of San Rafael and the Marinwood Community Services for fire protection services will terminate on June 30, 2011 and both City and District desire to enter into an operational and structural agreement for the provision of fire protection and emergency services. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael to approve and authorize the Mayor and City Manager to execute the Agreement between the City of San Rafael and Marinwood Community Services District for Fire Protection and Emergency Response Services a copy of which is attached hereto as Attachment 1 and incorporated herein by this reference. I, ESTHER C. BEIRNE, 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 Council of said City on the 20th day of June, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY SERVICES The purpose of this agreement is to provide Automatic and Mutual Aid response and additional services between the City of San Rafael and Marinwood Community Services District. This Agreement is entered into this 20th day of June, 2011, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY and DISTRICT have entered into a series of cooperative agreements for fire and emergency services since 1973 and mutually agree to continue with an initial action 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 initial action agreement for the benefit of both communities; and WHEREAS, the current Agreement will terminate on June 30, 2011 and both CITY and DISTRICT desire to enter into a new operational agreement for the provision of fire protection and emergency services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. TERM OF AGREEMENT This agreement shall commence July 1, 2011 and shall remain operative and effective until participation is terminated 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. MUTUAL BENEFIT 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. 3. TYPE OF ASSISTANCE - CITY TO DISTRICT CITY agrees to provide the following: ORIGINAL ow A. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a first alarm structural fire response one (1) Engine Company, one (1) Aerial Ladder Truck Company, and one (1) Chief Officer to DISTRICT's service area as illustrated in Exhibit "N' attached hereto. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional 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 two (2) Engine Companies, and one (1) Chief Officer to DISTRICT's service area as illustrated in Exhibit "A" attached hereto. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional 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 one (1) Aerial Ladder Truck Company and one (1) Chief Officer to DISTRICT's service area as illustrated in Exhibit "A" attached hereto. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional Engine Company for a total of two (2) Fire Companies. D. To automatically dispatch, within CITY's capabilities of available personnel and equ, )ne (1) Engine Company on a single engine response within the DISTRICT's SO I ten the DISTRICT Engine Company is not available. E. To provide DISTRICT with 9-1-1 and twenty-four (24) hour dispatching service and oversight for receipt and re -transmission of emergency alarms. F. To provide, to the best of its ability, a Chief Officer response to any first alarm or intent in the DISTRICT that would normally include a Battalion Chief in a dedicated vein as part of the DISTRICT response, as dispatched by the COMM CEN I Ei i sponse 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. CITY will provide computer related support for fire reporting and communication purposes. H. CITY, subject to the terms of this Agreement, shall 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. 4. TYPE OF ASSISTANCE - DISTRICT TO CITY DISTRICT agrees to provide the following: 0 A. To dispatch, within DISTRICT's capabilities of availabl, 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" attached hereto. B. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company on any multi -company response or alarm within the San Rafael Fire Department service area, as illustrated in Exhibit "A" attached hereto. C. 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 Fire Management Areas beginning with 53 or 56 not included in exhibit A when both Engine Companies housed at Station 56 and 57 are not available. D. DISTRICT, subject to the terms of this Agreement, shall 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. 5. TRAINING DISTRICT's Fire Chief and firefighters shall be able to participate in all CITY Fire Department exercises, drills and proficiency indexes 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 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. 6. REPORTING The CITY and the DISTRICT agree to provide each other and the County of Marin with response data for the Fire Management Zones (FMA) within DISTRICT, CSA 13 and 19 and those FMAs within San Rafael beginning with 53 on the east side of Highway 101 on an annual basis. The data shall be adequate to permit comparison of types of response, number of responses, and response times under this Agreement with the same response data under the response model in place prior to this Agreement. 7. 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. 3 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 delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Fire Chief, San Rafael Fire Department City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO DISTRICT: Fire Chief, Marinwood Fire Department Marinwood Community Services District 777 Miller Creek Road San Rafael, California 94903-1323 8. INDEMNIFICATION CITS ' a I defend, indemnify and hold harmless DISTRICT, its officers, agents and eiliplo, e acting within the course and scope of their employment under this Agreement, from any liability or including but not limited to attorneys' fees, arising from any acts or omissions of CTTV users, agents and employees. . � ,►.h%. . shall defend, indemnify and hold harmless CITY, its officers, agents and , ,ptoyees, 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 4'TRICT, is officers, agents and employees. EN EMENT -- AMENDMENTS 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 Albert J. Boro, ayor I MARINWOOD COMMUNITY SERVICES DISTRICT Z-� Leah Green, B_ a d" Vice-Presid�ie tt� —Nancy Mac le, KCity4ffMi'a�nager Thomas D. Horn" e, DiAtn/ildIMMI/anager Christopher ray, Fi 1 ie f- Thomas Roach, Fire Chief ATTEST: ATTEST: Esther C. Beime, City Clerk L � R rt F. E obe' Ops ��ty AnJity 5 -CaLj ,.- j.I.111iiJ(i'*,-..� Carolyn Ilivan, Secretary to the Board of Directors, APPROVED AS TO FORM: Grego t 44p ich, District Counsel