HomeMy WebLinkAboutCC Resolution 12728 (Shared Emergency Response; Marinwood)RESOLUTION NO. 12728
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND
EMERGENCY RESPONSE SERVICES FOR 2009-2010.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES:
WHEREAS, the CITY OF SAN RAFAEL (hereinafter "CITY"), and the MARINWOOD
COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT") have had an Agreement in place since the
1970's for mutual response; and
WHEREAS, the CITY and the DISTRICT last updated the terms of the agreement on June 13, 2006 to
continue through June 30, 2009; and
WHEREAS, in the June 13, 2006 agreement the CITY and the DISTRICT expressed a willingness to
explore alternative means of delivering fire protection services to the San Rafael/Marinwood service area during
the agreement period; and
WHEREAS, the DISTRICT entered into a contractual agreement with Matrix Consulting Group to
conduct a Fire Service Study and Service Delivery, the cost of which is being equally shared by the CITY
pursuant to City Council Resolution 12669; and
WHEREAS, both the CITY and the DISTRICT desire to enter into a 2009-2010 operational and
structural agreement for the provision of fire protection and emergency services pending the outcome of the
Matrix study.
NOW, THEREFORE, the MAYOR and CITY COUNCIL, this 4`h day of May 2009, authorize the
MAYOR, CITY MANAGER and CITY CLERK to execute, on behalf of the City of San Rafael, an
agreement with Marinwood Community Services District for fire protection and emergency response
services, a copy of which is hereby attached and by this reference made a part hereof.
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 re ular meeting of the City Council of said CITY held on
Monday, the 4th day of May. 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & 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 RESPONSE
SERVICES
This Agreement is made and entered into this s'ft, day of lea %1 , 2009, by and
between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD
COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT").
RECITALS
WHEREAS, CITY and DISTRICT, on June 13th of 2006, entered into a three-year,
agreement for fire protection services; and,
WHEREAS, CITY and DISTRICT have negotiated a structural agreement that will
provide both the City and Community Services District with a higher level of fire protection
services to residents, businesses and visitors by continuing the two agencies' historic cooperation
in the provision of fire protection services to their respective communities; and,
WHEREAS, CITY and DISTRICT have entered into a contractual agreement with
Matrix Consulting Group to conduct a Fire Service Study, the purpose of which is to evaluate the
ongoing relationship that both the DISTRICT and CITY have benefited from since the 1970's. It
is the intent of both agencies to study and possibly reevaluate the existing reciprocal agreement.
Current and alternative methods of service delivery within the Study Area will be evaluated to
determine the best, most cost effective way to deliver services for the entire community; and
WHEREAS, the current Agreement will terminate on June 30, 2009 and both CITY and
DISTRICT desire to enter into a new operational and structural agreement for the provision of
fire protection and emergency services;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. TERM OF AGREEMENT
The term of this Agreement shall be for one (1) year, commencing July 1, 2009 and
tenninating on June 30, 2010. Additionally, either party may terminate the Agreement pursuant to
Section 9 herein.
I
2. TRAWING.
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 Fire Station #2,
CITY will provide emergency response from the closest appropriate CITY emergency response
unit to DISTRICT while DISTRICT's personnel are absent from their station for purposes of said
training.
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 three (3) full time professional firefighting personnel
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 three (3) full time professional firefighting personnel on
any multi -company response or alarm within the San Rafael Fire Department 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.
above, as consisting of one (1) officer or acting officer, one (1) engineer or acting
engineer and one (1) firefighter.
4. DUTIES OF CITY.
CITY agrees to perform the following duties and obligations:
A. To integrate coverage of the Marinwood Station into the overall CITY system of
fire station coverage, including automatic move -up, as defined in the mutual aid matrix in use by
DISTRICT and CITY and the Marin County Mutual Aid Plan.
B. To dispatch, within CITY's capabilities of available personnel and equipment, on a
first alarm two (2) fire engines, one truck and one Chief Officer to DISTRICT's service area as
illustrated in Exhibit "A" attached hereto.
C. To provide DISTRICT with 9-1-1 and twenty-four (24) hour dispatching service,
for receipt and re -transmission of emergency alarms. Currently, the CITY is contracting with the
County of Marin Sheriff s Office for dispatching communication services.
D. To respond within City's capabilities of available personnel and equipment, to all
emergencies occurring within DISTRICT while DISTRICT is engaged in emergency operations
N
within CITY, or to subsequent alarms occurring within DISTRICT.
E. To provide upon request and with reasonable notice, a chief officer to respond to
the DISTRICT to assume position of Incident Commander should the DISTRICT's Fire Chief
be unavailable. Specifically,
CITY shall provide, to the best of its ability, a duty officer response to any 1 st alarm or
other incident in the DISTRICT that would normally include a Battalion Chief in a
dedicated vehicle, as part of the DISTRICT response, as dispatched, particularly when the
DISTRICT Chief is delayed or unavailable. During response and upon arrival, the CITY
duty chief shall direct and oversee the emergency event in an incident command role and
function.
The duty chief understands that he can be relieved or cancelled by DISTRICT chief that is
in the area and responding. The CITY duty chief will remain on scene until the incident
is mitigated or command is transferred to a DISTRICT officer.
The DISTRICT Fire Department may include any or all of the CITY Fire personnel, who
serve as a duty chief, in training sessions as mutually agreed upon by the two fire
departments. Any and all of the CITY duty chiefs may, as time permits, interact with the
DISTRICT fire staff, tour the community, and take those steps necessary to develop a
basic understanding of target hazards, automatic aid agreements, areas with poor water
supply, and other issues that might negatively or unexpectedly impact an emergency.
In the event of simultaneous calls in the CITY and DISTRICT, the responding CITY duty
chief shall have discretion as to the priority handling of such calls, considering alternate
available resources.
The City of San Rafael, subject to the terms, conditions and limitations herein, shall be
solely responsible for control of its personnel, standards of performance, discipline, and
all other aspects of performance by City of San Rafael employees while performing
services under this Agreement.
5. COMPENSATION.
As additional consideration for DISTRICT's performance under this Agreement, CITY
shall compensate DISTRICT for Fiscal year 2009-2010 in the amount of $275,000. This annual
amount is payable in two separate and equal installments, on December 30, and June 30, of each
year. This amount will be reduced, pro rata, in the event of termination of this Agreement pursuant
to paragraph 9.
6. 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 progress and execution of this
Agreement for CITY.
IN
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 progress and
execution 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 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
7. INDEMNIFICATION.
CITY shall defend, indemnify and hold harmless DISTRICT, its officers, agents and
employees, while acting within the course and scope of their employment, from any liability,
including attorneys' fees, 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, its officers, agents and employees, while
acting within the course and scope of their employment, under the provisions of this Agreement.
DISTRICT shall defend, indemnify and hold harmless CITY, its officers, agents and
employees, while acting within the course and scope of their employment, from any liability,
including attorneys' fees, 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, its officers, agents and employees,
while acting within the course and scope of their employment, under the provisions of this
Agreement.
8. ENTIRE AGREEMENT -- AMENDMENTS.
This Agreement supercedes 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.
2
9. TERMINATION.
Either party may terminate this Agreement, for any reason, by giving written notice to the
other party, one hundred twenty (120) days prior to the effective date of termination.
10. REGIONALIZATION OF SERVICES.
Both the CITY and the DISTRICT have expressed a willingness to explore alternative
means of delivering fire protection services to the San Rafael/Marinwood service area. It is
expected the consulting work commenced in March of 2009 with MATRIX Consulting Group
will produce recommendations for future service delivery alternatives. During the term of this
Agreement, the CITY and DISTRICT agree to consider and decide whether and how to
implement the MATRIX recommendations (which may include regionalization or consolidation
of services), and will include other agencies as appropriate in their discussions.
It
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL MARINWOOD COMMUNITY
SERVICES DISTRICT
9or C eclbert J.1'�oro, ° , Board esident
i 7yR�t ✓Z�
Ken off, City Manager
ATTEST:
Esther Beirne, City Clerk
APPROVED AS TO FORM:
c
Rob Epstein, City Attorney
T mas D. Horne, Distn!tManager
ATTEST:
Th as D. Horne, District Manager
APPROVED AS TO FORM:
W:'+City Managers- Work File\Agreements & Contracts `%09Uvlarinwood 2009 Agreement v3. doc.doc
I