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Home My WebLink AboutCC Resolution 11773 (MOU Marinwood Community Services District)RESOLUTION NO. 11773 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A MEMORANDUM OF UNDERSTANDING WITH THE MARINWOOD COMMUNITY SERVICES DISTRICT (Term of Agreement Commencing June 8, 2005 and Terminating on June 30, 2006) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a Memorandum of Understanding with the Marinwood Community Services District for mutual fire protection and emergency response services, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCI I, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a reg lar meeting of the City Council of said City held on Monday, the 6th day of June, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE&M LEONCINI, City Clerk 0R I G AL �3 AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION SERVICES This Agreement is made and entered into this 7th day of June, 2005, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD COAIMUNTTY SERVICES DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY has given notice to DISTRICT of termination of that Agreement for Fire Protection Services dated April 6, 1998 and said Agreement shall terminate on June 5, 2005; and, WHEREAS, CITY and DISTRICT are continuing to negotiate earnestly in the hope of achieving a new operational and structural agreement that will provide CITY with greater financial stability while continuing the two agencies' historic cooperation in the provision of fire protection services to their respective communities; and, WHEREAS, the current Agreement will terminate prior to the time CITY and DISTRICT can reasonable expect to negotiate a new Agreement; and, WHEREAS, CITY and DISTRICT want to enter an interim, one-year agreement that will afford the parties the time necessary to hopefully reach a new, long-term fire protection services Agreement; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall be for one (1) year and twenty-two (22) days, commencing June 8, 2005 and terminating on June 30, 2006. Additionally, either party may terminate the Agreement pursuant to Section 9 herein. 2. TRAINING. A. DISTRICT's employees shall participate in CTTY'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 an engine and personnel complement 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 a three (3) person complement 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 a three (3) person complement 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 4.A. and 4.B. as consisting of one (1) officer or acting officer and two (2) firefighters. 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, one (1) engine and one (1) truck or two (2) engines to DISTRICT's service area as illustrated in Exhibit "A" attached hereto. C. When DISTRICT' s first -out engine is dispatched on a medical emergency and DISTRICT's second engine is not staffed within eight (8) minutes, CITY shall relocate an engine to Las Callinas and Skyview (or to a point mutually agreed upon by both Fire Chiefs) to provide multiple - district coverage until such time as DISTRICT's second engine is staffed or DISTRICT's first -out engine is available within DISTRICT. D. To provide DISTRICT with 9-1-1 and twenty-four (24) hour dispatching service, for receipt and re -transmission of emergency alarms only. E. To respond to all emergencies occurring within DISTRICT while DISTRICT is engaged in emergency operations within CITY, or subsequent alarms occurring within DISTRICT. F. To provide upon request and with reasonable notice, a chief officer to DISTRICT to assume position of Incident Commander should the DISTRICT's Fire Chief be unavailable. 2 5. COMPENSATION. As additional consideration for DISTRICT's performance under this Agreement, CITY shall compensate DISTRICT one hundred, fifty thousand ($150,000.00) dollars, payable in two separate and equal installments of seventy-five thousand ($75,000.00) dollars, on December 30, 2005 and June 30, 2006. 6. AGREEMENT ADMINISTRATION/NOTICES. The City Manager shall be the representative of the CM 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. 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 1400 Fifth Ave. P.O. Box 151560 San Rafael, CA 944915-1560 TO DISTRICT: Fire Chief, Marinwood Fire Department (If Fire Chief position vacant, send to District Manager) 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 under the provisions of this Agreement. 3 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 under the provisions of this Agreement. ENTIRE AGREEMENT -- AMENDMENTS. This Agreement supercedes the prior Agreement of April 6, 1998 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. 9. TERM11 NATION. Either party may terminate this Agreement, for any reason, by giving written notice to the other party, one hundred eighty (180) days prior to the effective date of termination. 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, Mayor Rod Gould, City Manager ATTEST: Jeanne Leoncini, City Clerk y T. Raanti, City/Attorney 4 MARINWOOD COMMUNITY SERVICES DISTRICT Bruce An erson, Board President ii? mas D. Horne, District Manager ATTEST: Carolyn Sul� an, Administrative Assistant APPROVED AS TO FORM: Jennifer M. W. Vuillermet, Deputy County Counsel f EXHIBIT �I pi per A