HomeMy WebLinkAboutFD Agreement for 9-1-1 Emergency Communications & Fire Dispatch Services____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: February 20, 2024
Disposition: Resolution 15278
Agenda Item No: 5.a
Meeting Date: February 20, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Abraham Roman, Acting Fire Chief
Thomas Wong, Sr. Mgmt Analyst
City Manager Approval: ______________
TOPIC: AGREEMENT FOR 9-1-1 EMERGENCY COMMUNICATIONS & FIRE DISPATCH
SERVICES
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR 9-1-1
EMERGENCY COMMUNICATIONS & FIRE DISPATCH SERVICES
RECOMMENDATION:
Adopt the resolution approving and authorizing the City Manager to execute an agreement with Marin
County for 9-1-1 emergency communications and fire dispatch services.
BACKGROUND:
The Marin County Sheriff’s Office (MCSO) has provided Fire and Emergency Medical Services (EMS)
Dispatch (Fire Dispatch) services to the City and other fire agencies throughout Marin County since
2009. In August 2022, the newly-elected Sheriff Jamie Scardina communicated his decision to
terminate contracts for service with the participating fire agencies in the County, primarily due to
challenges related to the recruitment, hiring, and retention of qualified personnel.
Shortly after learning of the Sheriff’s decision, the Marin County Fire Department (MCFD) offered to
provide fire dispatch services with enhanced capabilities that were not available with the MCSO.
Separately, City staff from the Fire Department met with the Police Department and the Digital Services
and Open Government Department to explore in-house alternatives to the capabilities and services
proposed by the Marin County Fire Department. The results of the internal assessment found in-house
options to be cost prohibitive.
In April 2023, the Fire Chief reported to the City Council that the participating agencies were negotiating
an agreement with the County of Marin to provide fire dispatch services. In October 2023, the County of
Marin circulated an initial draft of the agreement to the agencies, and after incorporating some
requested changes, the other fire districts approved the agreement by early November 2023. The City
of San Rafael continued to negotiate certain terms of the agreement, including those related to the
governance structure and cost control.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
Following is a summary of the primary terms of the proposed agreement.
Item Agreement
Term (Section 6) In effect until terminated.
The beginning date of services is July 1, 2024.
Termination (Section 6) Voluntary Withdrawal – A public entity may withdraw with notice 548
days (18 months) before July 1 of the fiscal year the withdrawal
takes place.
Termination for Cause – The County may terminate a public entity
for cause with 90 days’ notice.
Governance/Executive
Committee (Section 3)
The Executive Committee will develop and review all operations and
critical tasks of the Emergency Command Center (ECC) and make
recommendations to the County on expenditures, costs and budgets.
The Executive Committee will be comprised of the County Fire Chief
and 3 Chiefs from public entities (at least one from a city/town and
one from a fire district). The Executive Committee will be selected by
the Marin Fire Chief's Association.
Governance/Joint Powers
Authority (Section 4)
The County will commence discussions among the parties within one
month to negotiate changes to the governance provisions of the
agreement, including potentially forming a joint powers authority.
Reporting (Section 7) The Director of the ECC will report at least annually regarding
performance. The Executive Committee will review the level of
performance being achieved and for the whole operation in
comparison to the standards and levels of performance achieved in
previous periods.
Budget (Section 8) The County will develop the budget with input from the Executive
Committee and ECC staff. The County Board of Supervisors has
final authority to approve costs and budgets.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Annual Operating Costs –
Budget Allocation (Section
10.A)
Annual Operating Costs include staffing, technology maintenance
and use, administrative services, the delivery of dispatch services,
reserve contributions, and any additional contributions to offset prior
year(s) differences between budgeted and actual expenditures.
The County will pay 24% of the Annual Operating Costs. The
remaining public entities will collectively pay 76% of the Annual
Operating Costs, plus a 3.5% administrative fee, subject to this
contribution formula:
((Annual budget * Public entity’s % of total incidents) x 0.5) +
((Annual budget * Public entity’s % of total population) x 0.5) x
3.5% administrative fee
The County will control the budget for Annual Operating Costs.
Annual Operating Costs will be capped at 5% over the prior fiscal
year budget.
Startup Costs (Section
10.C)
Startup Costs are expenditures necessary to bring the dispatch
center online, including hiring and training staff, purchase of
technology, furniture and equipment, and tenant improvements.
The County will pay 50% of the first $3,000,000 of Startup Costs,
and 24% above $3,000,000. Public Entities will collectively pay 50%
of the first $3,000,000, and 76% above $3,000,000.
Startup Costs
Cost allocation
up to $3M
Cost allocation
over $3M
Novato 12.01% 18.26%
San Rafael 15.75% 23.94%
Ross Valley 4.75% 7.22%
Kentfield 1.52% 2.31%
Central Marin 5.09% 7.74%
Southern Marin 8.82% 13.41%
Tiburon 2.06% 3.13%
Subtotal non-County agencies: 50% 76%
Subtotal County: 50% 24%
Total 100% 100%
Startup Costs may be paid in one lump sum or amortized over 15
years, with 2% interest.
If a public entity withdraws from the agreement within the initial 15-
year period, it will be required to pay all Startup Costs owed.
This agreement reflects a new methodology that blends population and incident volume as opposed to
the previous methods used by the MCSO. It is anticipated that this approach will be more equitable for
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
larger departments like the City of San Rafael, as using incident volume alone skews costs toward
larger communities that have more commercial and visitor activities. Tone-time infrastructure, stand up,
facility, and systems and equipment costs are anticipated to bring other efficiencies and improvements
to the community, including the implementation of the closest resource concept, imbedded command
and control personnel (cost voluntarily covered by Marin County Fire Department), utilization of First
Watch software for EMS and fire reporting, Emergency Fire Dispatch Protocol, and other technological
capabilities such as integration with Tablet Command and Interagency Resource Ordering (through a
nationwide Federal system) for large scale events such as wildfires, earthquakes, floods, and other
catastrophic events. Entering into this agreement for fire dispatch services will ensure that all fire
agencies in Marin County remain on the same dispatch system and thereby provide the highest level of
timely and interdependent service to all communities within the County of Marin.
Staffing of the Fire Dispatch Center will include a Director, a Technical Manager, three (3) Fire Captains
(salaries and benefits paid by MCFD), three (3) Dispatch Supervisors, and twelve (12) Dispatchers
working a “48-hour on, 96 hour off” work schedule mirrored by fire service personnel throughout the
County for a total of 20 employees working across three shifts.
The County of Marin has requested that the agreement be adopted by February 22, 2024. The
projected “go-live” date for the Fire Dispatch transition from the MCSO to the MCFD is July 1, 2024.
FISCAL IMPACT:
The estimated fiscal year 2024-25 cost summary for all participating agencies is included as
Attachment A to the proposed agreement. As outlined in the table below, the total annual cost for the
City of San Rafael, including 1/15 of the onetime and startup cost, is $1,368,859, which will be included
in the fiscal year 2024-25 budget, in the General Fund and Paramedic Tax Fund. This includes
amortizing the one-time startup cost at a 2% interest rate over a 15-year period.
OPTIONS:
1.Adopt the resolution.
2.Adopt the resolution with modifications.
3.Take no action and direct staff to return with more information.
RECOMMENDED ACTION:
Adopt the resolution approving and authorizing the City Manager to execute an agreement with the
County of Marin for 9-1-1 emergency communications and fire dispatch services.
ATTACHMENTS:
1. Resolution
2.Agreement for 9-1-1 emergency communications and fire dispatch services
RESOLUTION NO. 15278
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF MARIN FOR 9-1-1 EMERGENCY
COMMUNICATIONS & FIRE DISPATCH SERVICES
WHEREAS, the City contracts with the Marin County Sheriff’s Department for 9-1-1 emergency
communications and fire dispatch services; and
WHEREAS, the Marin County Sheriff’s Office (“MCSO”) notified the City in August 2022 that they
would no longer provide these services starting July 1, 2024; and
WHEREAS, the Marin County Fire Department (“MCFD”) has offered to provide fire dispatch
services with enhanced capabilities that were not available with the MCSO; and
WHEREAS, a comprehensive review of the City’s options were explored and the joint County-
led model was both the most cost effective and provided the highest level of service and protection to
our community; and
WHEREAS, the new dispatching services provided by MCFD will provide enhancements to
public safety, such as, the closest resource concept, utilization of First Watch, and imbedded
command and control personnel.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the City Manager to execute the Agreement with the County of Marin for 9-1-1 emergency
communications & fire dispatch services, attached to the staff reported submitted with this Resolution.
I, Lindsay Lara, 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 San Rafael City Council
held on the 20th day of February 2024, by the following vote to wit:
AYES: Councilmembers: Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Hill
Lindsay Lara, City Clerk
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AGREEMENT FOR 9-1-1 EMERGENCY COMMUNICATIONS & DISPATCH
SERVICES
This Agreement for 9-1-1 Emergency Communications and Dispatch Services (“Agreement”) is
made and entered into as of the date of last signature, by and between the County of Marin, a
political subdivision of the State of California (hereinafter “County”) and
___________________, a municipality or district (hereinafter “Public Entity”), collectively the
“Parties.”
RECITALS
WHEREAS, the Parties desire to participate in a countywide public safety communications and
emergency 9-1-1 dispatch system, hereinafter “System,” consisting of all necessary 9-1-1 call
taking, logging, dispatching, communications, and other related services and technology for fire,
emergency medical, and other services;
WHEREAS, the Parties desire to collaborate as partners to better serve the public with the
understanding that a formal structure will enable the County to work with representatives of the
Parties and Users of the System to achieve clear policy direction and consistent coordination
regarding emergency dispatch services;
WHEREAS, the County, through its Marin County Fire Department under the governance of the
Board of Supervisors, is willing and able to furnish such services through a mutually agreeable
cost sharing plan;
WHEREAS, the Parties agree that there will be County owned and/or licensed equipment and
resources such as, but not limited to, facilities for housing staff or equipment; radio
communications sites, radio consoles, frequencies, radio equipment, telephone system(s), a
computer aided dispatch system and other shared infrastructure that exists today and may be
installed in the future;
WHEREAS, the Parties desire to work in partnership to provide direction and decision-making
on items such as operations, budget, strategy, and vision as they pertain to the County’s
provision of emergency call taking, non-emergency call taking, fire, and medical dispatching,
and associated emergency communications services; and
WHEREAS, the County has previously provided these services pursuant to a written Agreement.
IT IS MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS
In this Agreement, the certain terms shall be defined as follows:
Assets: Real estate, structures, equipment, and intellectual property dedicated to, used by, or
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generated for use in the 9-1-1 communications system and associated emergency services.
“County Assets” include property purchased or otherwise acquired by the County, including but
not limited to starting costs and other costs where Users may have provided payment. “System
Assets” include property purchased or otherwise acquired by the User directly without County
assistance. Users who contribute to the purchase, acquisition, or generation of an Asset do not
hold ownership rights in that asset. Assets, including County Assets and Systems Assets, do not
include Public Entity Data.
County: The County has several roles as administrator of the System, provider of services, and as
a recipient of services. A “County Service Department” refers to a department of the County that
directly bills Emergency Communications for services.
County Board of Supervisors: The Board of Supervisors for the County of Marin, pursuant to
Government Code section 25000, is the governing body for the County. It has final authority
regarding all aspects of the 9-1-1 services and System.
Emergency Command Center (ECC): A facility designated to receive and process requests for
emergency assistance, which may include 911 calls, determine the appropriate emergency
response based on available resources, and coordinate the emergency response according to a
specific operational policy.
Fiscal Year: The Fiscal Year for the County of Marin from July 1 of each year to June 30 of the
following year.
Major Equipment or System Upgrades: Periodic replacement or upgrades to equipment,
hardware, and software necessary to operate the 9-1-1 communications system and associated
emergency services.
Public Entities: All municipalities or districts agreeing to an Agreement for 9-1-1 Emergency
Communications & Dispatch Services with the County, including the named Public Entity
entering into this Agreement.
Public Entity Data: Public Entity service data, including call recordings and incident data.
Standards Group: The Standards Group is comprised of certain officers/officials of the fire
protection agencies in Marin County that advise fire chiefs and fire agencies regarding
operational matters.
Startup Costs: Expenditures necessary for the ECC to start operating, as determined by the
County.
User(s): Any entity directly receiving emergency communications services from the County
through ECC, including County Departments, such as but not limited to, the Emergency Medical
Services vendor utilized by the County of Marin, and including the public safety departments
and sub-entities of the Parties to this Agreement. The Parties understand and agree that each
Party may have one or more Users of ECC services pursuant to this Agreement.
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2. DIRECTOR OF THE EMERGENCY COMMAND CENTER
The Director of the ECC is a County officer who works within the Marin County Fire
Department. The duties of the Director of the ECC (“Director”) are to plan, organize, coordinate,
administer, and direct all activities of the ECC.
The Director is selected by the Marin County Fire Chief. In the selection of the Director, the
Marin County Fire Chief shall seek concurrence from the Executive Committee, but the Marin
County Fire Chief shall retain authority to select, hire, evaluate, discipline, and release the
Director. In reviewing the performance of the Director, the Marin County Fire Chief shall
consult with the Executive Committee, and may receive a written statement from the Executive
Committee regarding the Director’s performance in meeting the standards herein, which shall
become part of the overall review, but all personnel evaluation decisions regarding the Director
shall be the sole purview of the Marin County Fire Chief.
The Director shall consult with the Executive Committee in matters related to ECC operational
priorities, policies and problem solving. ECC operational decisions shall be the sole purview of
the County, acting through the Director.
Where services are provided or administered by the ECC, and are not used by all the Parties, the
representatives of those Parties using the respective services shall have primary responsibility for
recommending operational policies with respect to those services. These policies shall not
conflict with County-wide policies, with Marin County Fire Departmental policies or with ECC-
specific policies. Any costs of special services shall be the responsibility of the Party(s) using
those services. County shall determine policy on unique services used by specified Parties,
considering their recommendations, made pursuant to this provision.
3. EXECUTIVE COMMITTEE
Membership of the Executive Committee shall consist of four (4) total members: the County
Fire Chief and three (3) Fire Chiefs from the Public Entities, who shall be selected by the Marin
Fire Chiefs’ Association. The Marin Fire Chiefs’ Association shall select at least one (1) Fire
Chief from a city/town Public Entity and at least one (1) Fire Chief from a fire district Public
Entity. The Executive Committee shall meet monthly and additionally as needed. Membership
term will be determined by the Marin Fire Chiefs’ Association. A Public Entity joining this
Agreement on or after July 1, 2024, is not eligible for membership on the Executive Committee
until the joining Public Entity has been a Party to this Agreement for at least five years.
Key responsibilities of the Executive Committee include:
1. Developing and recommending operational requirements for ECC provided services and
infrastructure improvements to the Director, as well as reviewing recommendations from
the Standards Group. The Executive Committee shall have the authority to approve the
addition of certain call-taking / dispatch related services as specified in Section 4 of this
Agreement.
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2. Assisting the Director to resolve issues, develop protocols, investigate technologies, and
address other operational issues associated with emergency communications and dispatch
services.
3. Providing recommendations to the Director on operational policies, goals, future
expenses, and operational enhancements, including those that have budgetary
implications.
4. Receiving reports from the Director on service goals and the status on meeting those
goals, as well as issues that could affect costs to Public Entities and Parties.
5. Reviewing the annual budget, the annual audit of expenses, and any revenue.
6. The Executive Committee shall have the authority to approve or reject the acquisition of
Major Equipment or System Upgrades, as specified in Section 9 of this Agreement.
7. Recommending the allocation of the collective 76% of Annual Operating Costs amongst
Public Entities, as specified in Section 10 A. 3. of this Agreement.
8. Reviewing and recommending any expansion of dispatch services to additional agencies
beyond those originally contracted with.
9. Recommending cost apportionment and Startup Costs for any Public Entity new to the
Agreement and not included in the Startup Costs allocation in Table 1 below, including
potential money credited back to the Parties.
The Executive Committee may appoint ad hoc Committee(s) as necessary to advise it on
technical matters or to consider special issues.
In advance of addition of new technology or services that increase costs to Public Entities, the
Executive Committee shall identify and recommend cost sharing and funding mechanisms as set
forth in Section 10. This shall include technology and services that are funded by grants but that
may have future additional costs such as for maintenance. The County shall not require
additional contributions of the Public Entity outside the Cost Sharing Plan of Section 10 and the
9-1-1 Reserve Account of Section 9 without the written consent of the Public Entity.
4. COUNTY OBLIGATIONS
The County shall provide all answering services for fire and emergency medical calls made to
the Emergency 9-1-1 telephone number.
The County shall provide all answering services for calls made to Users’ non-emergency,
secondary telephone numbers, but excluding regular business telephone numbers.
The County shall dispatch User fire, and emergency medical field units and shall provide
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associated services, including status reporting and activity reports.
The County shall provide guidance on the treatment of emergency calls identified as “medical
calls” received by ECC.
The County shall, upon agreement with the individual Parties, provide responses to urgent or
emergency data inquiries made by Users’ field units.
The County shall provide after-hours dispatch of User’s non-public safety (administrative) staff
in accordance with operating procedures mutually agreed to by the User and County.
The County shall provide other additional public safety call taking/dispatch related services to
Users as recommended by the Standards Group and approved by the Executive Committee.
Costs associated with the additional services shall be borne by the User agencies pursuant to
written agreement.
The County shall provide and maintain all necessary consoles, and telephone systems, located in
the ECC. The County shall operate, maintain, and otherwise manage all telecommunications
sites and transmission media that interface with MERA radio system and are identified as
components of the System that are necessary to facilitate the common, countywide public safety
communications and emergency 9-1-1 dispatch system.
All other mobile, base, and remote radio and data transmission equipment and terminals
designed to serve an individual User exclusively shall be provided for and maintained at that
User’s expense.
County shall coordinate, administer, and maintain all systems to benefit all Parties and Users,
including development of standard operating procedures that may include training of Parties’ and
Users’ staff to meet their responsibilities. All systems shall be maintained and operated
consistent with applicable federal, state, and local laws, rules, and regulations such as the State
of California Department of Justice and Federal Communications Commission.
County, on behalf of all Parties, shall continue to seek grant opportunities, shall make
applications for grants and other external sources of funds with authorization by the County
Board of Supervisors, and shall utilize any such funds received to proportionately offset all
Parties’ portion of project expenses.
County shall provide technical expertise in emergency communications and dispatch services
and as well as associated administrative services such as, but not limited to, human resources,
budgeting, auditor, treasurer, and technical support.
County shall timely notify the Executive Committee about pending County labor negotiations,
County salary and benefit increases, County layoffs, County observance of winter recess, and
similar, in so far as such issues could impact the delivery or costs of emergency communications
services pursuant to this Agreement. County may consider input provided by the Executive
Committee regarding the effects of such issues on their interests.
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With the approval of the County Board of Supervisors, County shall be the signatory on
agreements with third-party vendors for services such as, but not limited to, support of systems
required under this Agreement.
County shall provide appropriate management and supervision for all emergency
communications and dispatch services including associated administrative services. The
Standards Group may identify alternate options for services that would otherwise be provided by
County. Any alternative services determined feasible by the Standards Group may be
recommended to the Executive Committee and ultimately the County, which shall consider such
recommendations in good faith subject to limitations of law.
The County shall bill to Public Entities all costs associated with providing 9-1-1 emergency call
taking, non-emergency call-taking, fire dispatch, emergency medical dispatch, and other
emergency communications or associated services in accordance with this Agreement.
The County shall support, participate in, and cooperate with financial and programmatic audits
and reviews of the ECC as recommended by the Executive Committee.
For direct and indirect costs incurred under this Agreement, the County shall bill each Public
Entity, together with invoices or other available supporting documents in a timely manner and in
accordance with this Agreement.
The County shall convene discussions with the Public Entities beginning on the first month
following the Effective Date of this Agreement to negotiate changes to the governance
provisions of this Agreement or entering into a new agreement, including potentially forming a
Joint Powers Authority.
5. RESPONSIBILITIES OF THE USERS AND PARTIES
Each Party shall assist the County by communicating issues regarding the management and
operation of the emergency communications system and system components and shall provide
technical and operational input necessary for effective design and use of the System to meet
individual and collective needs.
Each Party shall be responsible for communicating with its constituents and governing bodies
about the emergency communications systems.
Each Party shall, at its own cost, be responsible for the procurement, maintenance, and
replacement of its assets that are not System Assets. Such assets must be (1) compatible with the
systems used by the ECC, (2) serve an individual User, and (3) used by that User’s personnel at
that Party’s expense. Each Party shall pay all costs associated with those assets.
Each Party using Mobile Data Communications System (MDCS) equipment shall, at its
own cost, be responsible for procurement and utilization of equipment that is compatible with
and will interface with the ECC’s system in place at that time. Parties and Users, at their own
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cost, shall be responsible for coordinating connectivity with the County.
Each Party shall comply with future operational requirements. This may include but is not
limited to required operational agreements, training, or upgrades of systems to comply with state
or federal requirements.
Where requested by the Director and/or the Executive Committee, all Parties shall cooperate in
seeking grants or supporting the acquisition of external funding such as grants or earmarks. If
any portion of the emergency communications system is funded with monies received by any
Party pursuant to a contract with the State or Federal government, all Parties shall comply, as
required, with all the provisions of said contract, to the extent applicable to each Party. The
Director shall distribute grant terms to all Parties. Upon request, the Party which is the grantee
shall deliver a copy of said contract or grant or earmark documentation to any requesting Party at
no cost to the requestor.
6. TERM, WITHDRAWAL AND TERMINATION OF THE AGREEMENT
The Effective Date of this Agreement shall be the date that the County signed this Agreement,
which occurs after the Public Entity has signed the Agreement. The beginning date of services
under this Agreement shall be July 1, 2024.
This Agreement shall remain in effect until terminated in accordance with the terms in Section 6
A. or 6 B. In addition, this Agreement may be voluntarily terminated by mutual agreement of
the Parties in writing at any time. Where the Parties mutually agree to terminate this Agreement,
the notice period may be waived.
If a Public Entity withdraws pursuant to this Section, the Agreement shall remain valid for those
Public Entities that have elected to remain in this Agreement and any costs that are shared among
the Public Entities shall be reallocated to reflect proportionate share for the Public Entities
continuing to participate. All efforts shall be made to reduce service levels and associated costs
to remaining Public Entities in the event of a Party withdrawal. All costs allocated to the
withdrawing Public Entity for the remainder of the Fiscal Year that a Public Entity withdraws in
is the responsibility of the withdrawing Party.
In the event of withdrawal by a Public Entity which is providing resources (such as licenses, site,
or other resources) to the benefit of all Users, that resource shall be left intact and in service and
that Public Entity shall negotiate in good faith with the County and remaining Users for
continuing use of that resource.
A. Voluntary Withdrawal.
A withdrawing Public Entity shall provide the County, Director, and the Executive Committee
with written notice of intent to withdraw no fewer than five hundred forty-eight (548) days
before July 1 of the Fiscal Year in which the Public Entity’s withdrawal shall be effective. A
voluntary withdrawal shall be effective only on July 1 of a Fiscal Year. The withdrawing Public
Entity shall provide the Executive Committee with a written timetable for withdrawal and a
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proposed description of the way the withdrawal will be conducted. The withdrawing Public
Entity’s plan for withdrawal shall minimize disruption to other Parties and Users. The
withdrawing Public Entity shall provide any other appropriate information requested by the
Executive Committee or the Director, to allow the development of strategies to mitigate
disruption to the remaining Users and County. The Executive Committee and Director may
modify the proposals for withdrawal.
Such withdrawing Public Entity shall continue to fund its portion of the budget pursuant to this
Agreement through the effective date of withdrawal and shall continue to perform all its
obligations pursuant to this Agreement through the effective date of withdrawal.
A withdrawing Public Entity that elected to pay its Startup Costs over 15 years shall pay the
remaining balance of its Startup Costs no later than 12 months prior to the date the Public
Entity’s withdrawal is effective. The withdrawing Public Entity shall remain responsible for any
services that shall continue to be provided, including regional dispatch services and for any
outstanding debt service costs incurred in support of emergency communications System Assets.
Should County elect to voluntarily withdraw from the Agreement, the County shall provide
written notice of intent to withdraw to all other Parties no fewer than two years prior to the
effective date of the withdrawal. The County shall provide the Executive Committee with a
written timetable for withdrawal and a proposed description of the way the withdrawal will be
conducted. The County shall work with the Executive Committee to minimize disruption to
other Parties and Users.
In the event of the County’s voluntary withdrawal within the first 15 years of the Agreement,
Public Entities who paid the fifteen-year Startup Costs on a lump sum basis shall be refunded a
portion of the lump sum paid Startup Costs, at a rate of 6 and 2/3% per year for each year
remaining from the fifteen years, after subtraction of the time between the Effective Date and the
effective date of the County’s withdrawal.
If the withdrawing Public Entity is an Executive Committee member, that Public Entity’s
membership on the Executive Committee ends immediately upon notice of withdrawal unless
otherwise agreed to in writing by the Executive Committee.
B. Termination for Cause.
The County, in consultation with the Director, may terminate the participation of any Public
Entity or User for cause, including a Public Entity’s failure to fully fund or fully pay costs, as
well as any other breach of this Agreement (default). Cause for termination includes
noncompliance with any requirement imposed upon the Parties as specified in this Agreement.
The Termination for Cause process shall include the following steps:
1. The Parties will follow the Dispute Resolution Process outlined Section 14 of this
Agreement.
2. Written notice by the Director or their designee to the Public Entity, with a copy to
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Executive Committee members. Such notice shall advise the Public Entity of the reason
for possible termination. The notice shall further advise that the Public Entity may cure
its default within thirty (30) days of the notice to avoid termination.
3. If the defaulting Public Entity begins to cure such default, the thirty (30) day cure period
may be extended by additional thirty (30) day extensions, at the discretion of Director, for
as long as the defaulting Public Entity continues to diligently prosecute such a cure to
completion.
The County may terminate the defaulting Public Entity’s participation in the emergency
communications system or to take other appropriate measures (e.g., lien).
If the County determines that services provided under this Agreement be terminated, the
termination shall be effective 90 days after step 3 in the Termination for Cause process above.
The County retains final authority and discretion to terminate a defaulting party and to determine
the date that services provided under this Agreement shall be terminated.
A Public Entity terminated by the County for cause shall remain liable for its portion of System
costs and Startup Costs, as well as applicable damages, collection costs, and interest.
The terminated Public Entity forfeits all other rights. If the terminated Public Entity holds a seat
on the Executive Committee, that seat shall be reassigned immediately upon termination notice.
Rights of Remaining Parties. The Executive Committee may recommend that the County
reallocate system costs proportionally among the remaining Parties. A Public Entity that has
been terminated by the County or that has withdrawn from participation shall not be entitled to
refund of any costs that it has incurred for the System to the date of termination.
7. SERVICE QUALITY AND CONDITIONS
The quality of System services to be provided to all Parties and Users shall, in the absence of
explicitly adopted exceptions, be equal to or above established industry standards. The adopted
standards and best practices shall be based upon those established by APCO, NFPA, NENA,
POST, ISO, Cal OES 911 Branch, and others identified by the Executive Committee. In those
areas where there are no industry standards, or where the established standard is not appropriate
for Marin County, the Director shall recommend standards and advise the Executive Committee
regarding budgetary, service level and other resources required to meet those standards. The
Executive Committee shall consider those recommendations and agree to appropriate System
standards in good faith.
Emergency Communications systems performance shall be measured in accordance with those
standards developed as indicated above. The Director shall report at least annually to Parties and
Users regarding performance. The Executive Committee shall review the level of performance
being achieved for each Public Entity/User and for the whole operation in comparison to the
standards and in comparison, to the levels of performance achieved in previous periods.
Established standards shall be achieved for each member Public Entity/User and for the System.
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In reviewing System performance, the Executive Committee shall consider staffing, technology,
or other limitations impacting the ability to meet standards. The reporting interval may differ for
different standards. At least annually, however, the comprehensive set of measures shall be
reported to the Parties and Users and shall be reviewed by the Executive Committee.
The County shall evaluate the feasibility of accreditation by appropriate accrediting groups, (i.e.,
CALEA, APCO, etc.), considering the investment of County staffing levels and County
resources required. Final decision regarding pursuit of accreditation shall remain in the sole
discretion of the County. The accreditations referred to by this provision of this Agreement do
not refer to or include accreditation of the County’s ambulance services provider.
The Executive Committee shall consider requests from Users desiring increased levels of
service; such requests may be recommended to the Director, subject to staffing and other
constraints, based upon the User’s agreement to pay the incremental costs of those enhanced
service levels.
Procedures related to dispatch operations shall be developed by the Director, with input from the
Executive Committee and Standards Group. Any dispute or conflict regarding a dispatch
procedure shall be resolved by the Director.
The Director or Director’s designee shall promptly investigate all complaints received from any
User or citizen and shall respond in a timely manner to the complaining party. The Director shall
regularly report to the Executive Committee with a summary of complaints received and their
resolution and shall provide additional information to individual Users involved in a complaint
upon request.
8. BUDGET DEVELOPMENT PROCESS
Program and budget related decisions shall be developed by the County with input from the
Executive Committee and ECC staff. The County Board of Supervisors shall have final authority
over program and budget related decisions, subject to the terms of this Agreement.
The Executive Committee shall review the ECC’s annual budget request prior to County’s
budget hearings. The County shall provide all relevant information, including information about
indirect costs, in a timely manner, allowing sufficient time for the Executive Committee to
evaluate and make requests for information.
The Director shall provide reports on future budgets, current year budget management and cost
control, personnel (recruitment, hiring, retention), and special project status on an ongoing and
annual basis as requested by the Executive Committee.
County Administrator’s Office staff shall present ECC annual forecasts and recommended
budgets for the County Board of Supervisors’ consideration, including information on alternative
funding/service levels and County Service Department charges.
9. 9-1-1 RESERVE ACCOUNT
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The purpose of the 9-1-1 Reserve Account is to fiscally support Equipment Replacement,
acquisition of Major Equipment and/or Systems Upgrades (such as the purchase or subscription
to a new Computer-Aided Dispatch software), and to spread out major expenditures over time,
thereby reducing the need for large assessments to the Parties. The 9-1-1 Reserve Account will
enable the Parties to better prepare budgets and facilitate long term fiscal planning.
In alignment with business best practice, the ECC shall, as soon as practical, maintain at least
10% of the annual operating budget in a reserve account. This account shall be funded by
Reserve Contributions and any surplus contributions left at Fiscal Year-end for the ECC. Once
the reserve account is funded to 10%, any further surpluses will be reported to the Director and
Executive Committee, who shall create a plan to use any surpluses for Major Equipment or
Systems Upgrades. The 9-1-1 Reserve Account may also be used to fund any deficit between
Parties’ contributions and actual expenditures.
The Executive Committee shall have the Authority to approve or reject the acquisition of Major
Equipment or Systems Upgrades and related expenditures. In the event the Executive Committee
rejects Major Equipment or Systems Upgrade(s), the County shall no longer be bound by the
delivery and standards of services outlined in section 4 of this Agreement. In this event, the
Parties shall meet and agree on all costs and service-level impacts under this Agreement.
The ECC shall regularly report accounting for the 9-1-1 Reserve Account to the Executive
Committee. As authorized by the County Board of Supervisors, the 9-1-1 Reserve Account will
be for expenditures as recommended by the Director, with final determination on expenditures to
be made by the County and will be maintained in an interest- bearing fund, until the funds are
expended.
Funds in the 9-1-1 Reserve Account shall be readily accessible to the ECC to use for appropriate
expenditures that benefit the Parties and Users. Withdrawals from the 9-1-1 Reserve Account shall be
recommended to the County through the Director.
The Director shall present 9-1-1 Reserve Account accounting reports to the Executive
Committee as requested.
Accumulation of interest in the 9-1-1 Reserve Account will accrue to the benefit of the 9-1-1
Reserve Account and/or Major Equipment or Systems Upgrades.
10. COST SHARING PLAN FOR PARTIES AND USERS
A. Annual Operating Costs.
The “Annual Operating Costs” are defined as the annual costs of operating the ECC, as
determined by the County, including staffing, technology maintenance and use, administrative
services, and the delivery of dispatch services. Annual Operating Costs can also include reserve
contributions, and any additional contributions to offset prior year(s) differences between
budgeted and actual expenditures.
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The County shall pay 24% of the Annual Operating Costs. Public Entities shall collectively pay
76% of the Annual Operating Costs, plus a 3.5% administrative fee which applies only to the
Public Entities’ collective 76% share of Annual Operating Costs. Each Public Entity’s share of
the Annual Operating Costs shall be subject to the contribution formula set forth below. Should
a new Public Entity enter into a contract with the County for emergency communication and
dispatch services during an annual budget period, the Parties shall meet and agree on all costs
and service-level impacts.
1. Public Entities’ Contribution Formula:
The Director shall prepare Public Entities’ cost contributions in January of each year using the
“Contribution Formula Definitions” outlined below. The Executive Committee shall review cost
contributions no later than the end of February. The Director shall communicate contribution
amounts to Public Entities for the following Fiscal Year by March of each year. Each Party’s
contribution amount shall be determined by the following formula. The initial contribution
amounts for the initial Fiscal Year is attached as Exhibit A.
2. Contribution Formula Definitions:
Contribution for each Party to this Agreement shall be calculated by the Director by using the
following information:
a. Total Incidents: Number of CAD events for the previous two calendar years (Jan 1 –
Dec 31), excluding event types that do not require a response, including but not
limited to drills, alarm/sprinkler test information, controlled burns, fire watch,
information call for the fire departments, and others as determined by the Standards
Group and communicated to the Director.
b. Population: Official decennial census from the U.S. Census Bureau for the Marin
County area, as available on Marin Map.
c. Public Entity’s percent of Total Incidents: Incidents assigned to a Public Entity
through its “DGroup” designation as determined through the Computer Aided
Dispatch software, divided by Total Incidents for the same time period = B
d. Public Entity’s percent of Population = Census population for a specific Public Entity
divided by Marin County Population = C
e. Annual Proposed Budget = The projected costs of operating the ECC for the
following Fiscal Year, including salaries, services and supplies, insurances, reserve
contributions (including contributions for upcoming large replacement or
improvements to software, hardware, dispatch furniture etc), and any additional
contributions to offset prior year(s) differences between budgeted and actual
expenditures.
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f. Annual Proposed Budget of the ECC (July – June) times 76% = A
g. Administrative Fee: 3.5% of the Public Entity’s share of the ECC Annual Operating
Costs
3. Calculation of Each Participating Public Entity’s Contribution:
The amount of each Public Entity’s contribution shall be calculated as follows:
Public Entity’s share of Annual Operating Costs= { [(A x B) x 0.5 ] + [(A x C) x 0.5] } *1.035
The Annual Operating Cost increases will not exceed 5% from the previous fiscal year budget. In the
event of costs exceeding 5% for circumstances including but not limited to software failure, economic
downturn, natural disaster, staffing crisis, or other event that threatens the viability of the ECC, Parties
agree to meet and confer on an appropriate path forward related to service levels and budget.
The County may consult with the Executive Committee and may choose to select other source
documents to replace those defined in the Formula Definitions above if the County determines
that the new documents provide more accurate information.
If the Public Entities seek to change the Contribution formula, other than the County’s
contribution rate of 24%, the Executive Committee shall make a recommendation to the Public
Entities and following agreement by the Public Entities, communicate their agreement to the
ECC Director in writing, signed by all Public Entities, before January 1st for application in future
Fiscal Years.
B. Payment of Annual Operating Costs, Delinquency and Disputes
Payment: ECC shall invoice each Party separately, in December and April of each year for
Annual Operating Costs, and other special charges to Parties and Users. The payment shall be
due (“Due Date”) thirty (30) days after the billing date.
Invoices shall be sent via email to the email address listed in the signature block of this
Agreement, unless County makes other agreement with the Public Entity. Mailing addresses and
email addresses may be changed only with written notice, via U.S. Mail or email, to the Director.
Delinquency: If a Party does not pay its fees for service as set forth above on or before the Due
Date, the amount unpaid shall be deemed delinquent. A “Delinquency Fee” in the amount of two
percent (2 %) of the delinquent amount shall be added to the amount owed and charged to the
Party at the discretion of the County. The delinquency fee shall be applied to the amount owed
(the amount owed includes any previously added delinquency fee) every thirty (30) days until
such time the bill is paid in full. If a Party does not pay the delinquent amount and any
delinquency fee within ninety (90) calendar days from the Due Date, the County is authorized to
withhold and offset from any lawful source whatsoever otherwise due to the Party, including the
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regular apportionment of property tax revenue, an amount sufficient to satisfy the delinquent
amount and delinquency fees.
Billing Dispute: If a Party or Parties dispute payment owed to County, each Party shall notify
County within 15 calendar days of its receipt of its invoice. This notice shall include sufficient
details about the dispute for County to review and act. County shall provide any requested
information within 15 calendar days. If County is unable to respond within 15 calendar days, the
Party disputing the billing shall be relieved of any delinquency payment until 15 days after the
information is provided.
C. Startup Costs.
“Startup Costs” are defined as all expenditures necessary for the ECC to start operating, as
determined by the County, including:
-Cost of MCFD-hired personnel working or training to open and operate the ECC up until the
official opening of the ECC, including fees, salaries and benefits, cost of obtaining licensing and
certifications, cost of performing testing and backgrounds etc.
-Purchase of technology systems and software, furniture, materials, equipment or services,
including consulting, subscription, and maintenance services as operationally or administratively
necessary for operating the ECC, up until the close-out of the ECC facility’s construction project,
as determined by the County
-Cost of “Tenants Improvements” and all other costs related to construction of the ECC facility,
up until the close-out of the ECC facility’s construction project, as determined by MCFD.
One year after the issuance of the certificate of occupation for the ECC facility, Startup Costs
expenditures will be reconciled with previously invoiced costs. Within 60 days, the County will
issue either a credit or an invoice based on final reconciliation.
The County shall pay 50% of the first $3,000,000 of all Startup Costs, and 24% of all Startup
Costs above and beyond the initial $3,000,000. Public Entities shall collectively pay 50% of the
first $3,000,000 of all Startup Costs, and 76% of all Startup Costs above and beyond the initial
$3,000,000.
The Startup Cost allocation to each Party is set using July 1, 2021, to June 30, 2023, Incidents
and population data (as described in the Contribution formula) and established as follows:
Table 1: Startup Costs allocation
Startup Costs
Cost allocation %
for the first
$3,000,000
Cost allocation %
for all Startup
Costs beyond the
initial $3,000,000
Novato 12.01% 18.26%
San Rafael 15.75% 23.94%
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Ross Valley 4.75% 7.22%
Kentfield 1.52% 2.31%
Central Marin 5.09% 7.74%
Southern Marin 8.82% 13.41%
Tiburon 2.06% 3.13%
Subtotal non-County agencies: 50% 76%
Subtotal County: 50% 24%
Total 100% 100%
The Public Entity may pay Startup Costs in one lump sum, or County shall allow Public Entity to
spread its portion of the Startup Costs annually over 15 years. An amortized fee of 2% on the
unpaid balance shall be charged for Public Entity wishing to pay Startup Costs annually over 15
years. Public Entity shall elect whether to pay in one lump sum or over 15 years by March 30,
2024.
Should Public Entity select payment over 15 years, pay shall be due twice a year and shall be
paid by the Due Date for Public Entity’s share of Annual Operating Costs with the same
penalties for late payment, as defined above. Nothing in this Agreement shall restrict the Public
Entity from advancing its contribution of Startup Costs within the 15-year period.
An example of estimated Startup Costs and Annual Operating Costs for FY 2024-25 are
presented in Attachment A.
All equipment and materials obtained under this agreement shall be used by the County
exclusively for the purposes set-forth in this agreement.
11. RECORDS AND CONFIDENTIALITY
Parties and their officers, employees, agents, and subcontractors shall comply with all federal,
state, and local laws which provide for the confidentiality of records and other information. No
Party shall disclose any confidential information, any confidential records, or other confidential
information received from any Party to this agreement or prepared in connection with the
performance of this agreement, unless the other Party specifically permits such disclosure of
records or information. All requests for disclosure of confidential information shall be promptly
transmitted to the owner of the information. Notwithstanding these duties of confidentiality, the
Parties acknowledge that the Parties and the County are government agencies subject to the
California Public Records Act, which requires disclosure of public records subject to exceptions.
The Parties and the County shall mutually cooperate to comply with the California Public
Records Act disclosure obligations, consistent with these confidentiality obligations.
The County shall prepare, maintain, and preserve all reports and records that may be required by
federal, state, or local rules and regulations related to services performed under this Agreement.
The County shall maintain such records in accordance with the provisions of the County and
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ECC Record Retention policies. The Parties shall maintain such records in accordance with their
records retention policies. If any litigation, claim, negotiation, audit exception, or other action
relating to this agreement is asserted, the County and the Parties shall retain such records until
such action is resolved.
12. COUNTY INDEMNIFICATION OF PUBLIC ENTITIES AND PUBLIC ENTITIES’
WAIVER OF CLAIMS AGAINST THE COUNTY
County hereby agrees to indemnify and hold harmless each Public Entity, its officers, agents,
employees, and authorized volunteers from any and all claims, demands, judgments or decrees
made or rendered against each Public Entity, its officers, agents or employees by reason of any
injury, death or damage suffered or sustained by any person or entity caused by, or alleged to
have been caused by or arising out of the provision of the emergency communications services
by the County as set forth in this Agreement.
Further, County, at its own cost, expense and risk, shall defend any and all suits, actions, or other
legal proceedings arising from the provision of emergency communications services by the
County pursuant to this agreement that may be brought or instituted by third parties against each
Public Entity, its officers, agents, employees, or authorized volunteers, and shall pay and satisfy
any judgment or decree that may be rendered against each Public Entity, its officers, agents or
employees in any such suit, action, or other legal proceedings. Each Public Entity agrees to
promptly notify County of any suit, action, or other legal proceeding asserted against it by third
parties which arises from the provision of emergency communications services as specified in
this Agreement and each Public Entity agrees to cooperate with County in the defense of such
claims.
In return for and in recognition of County’s acceptance of liability, as set forth above, Public
Entity agrees that it shall not sue, make any demand or claim, or otherwise prosecute or assert
liability against the County for any claim, demand, judgment, or decree of any nature caused by
or arising out of the provision of the emergency communications services by the County set forth
in this Agreement. This waiver of liability against the County by the Public Entity applies to
claims, demands, judgments or decrees which are asserted by third parties. This waiver of
liability shall not apply to any disagreement or dispute between any of the Parties that arise
concerning the interpretation, implementation and/or enforcement of any of the terms or subject
matter of this Agreement, which shall be subject to the Section 14 Dispute Resolution Process.
The indemnification and defense obligations assumed by County and the waiver of liability
against the County agreed to by the Public Entities, established above, shall survive the
termination of this Agreement, the withdrawal of any Party from this Agreement, and the
termination of any Party from this Agreement. These obligations and the waiver of liability shall
extend to the expiration of the statute of limitations applicable to any claims arising from this
Agreement and the provision of emergency communications services pursuant to this
Agreement.
13. INSURANCE
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Without limiting the foregoing indemnification, all Parties shall maintain in force at all times
during the performance of this Agreement, a policy or policies of insurance as follows, and in the
minimum limits of liability as stated herein:
1. Comprehensive general liability, including but not limited to premises, personal injuries,
products, and completed operations for combined single limit of not less than $1,000,000
per occurrence.
2. Comprehensive automobile liability, including but not limited to property damage, bodily
injury, and personal injuries for combined single limit of not less than $1,000,000 per
occurrence.
3. Workers’ Compensation covering statutory requirements of the State of California and
Employer’s Liability of not less than $1,000,000 per occurrence.
In the event any Party is lawfully self-insured in any or all of the aforementioned insurance
areas, upon the request of a Party a letter certifying those areas of coverage, and in the minimum
amounts as set forth in this Agreement, shall be furnished to the requesting party prior to
execution of this agreement.
Except with respect to Workers’ Compensation insurance, each Party maintaining commercial
insurance or excess insurance shall provide an endorsement naming the County, its officers,
agents, and employees as additional insureds and shall provide that such commercial insurance is
primary to any other commercial insurance maintained by the County; and the County shall,
under any commercial insurance or excess insurance it maintains, provide an endorsement
naming each Party, its officers, agents, and employees as additional insureds and shall provide
that such commercial insurance is primary to any other commercial insurance maintained by
each Party.
14. DISPUTE RESOLUTION PROCESS
Should any disagreement or dispute between any of the Parties arise concerning
interpretation, implementation and/or enforcement of any of the terms or subject matter of this
Agreement, those Parties shall submit such dispute to mandatory mediation before an agreed
upon mediator, each Party to pay an equal share of the mediation fees and each Party to pay its
own attorneys’ fees and legal costs. Should the Parties be unable to agree upon a mediator, they
shall agree upon a mediation service and shall have that service select a mediator for them.
Should mediation be unsuccessful, then the Parties each agree that they shall submit their dispute
to binding arbitration before a mutually-agreeable arbitrator. If they cannot agree upon an
arbitrator, they shall select an arbitration service which shall select an arbitrator for them. The
Parties each shall pay an equal portion of the arbitration fees and each Party shall pay its own
attorneys’ fees and legal costs, it hereby being agreed that the arbitrator shall have no authority
to award attorneys’ fees or costs to any prevailing Party. The Parties hereby expressly waive any
and all rights to have disputes under this Agreement decided by court action, court trial, jury trial
or any other legal action of any kind or type, other than the mandatory mediation and binding
arbitration process specified above. However, in emergency or extraordinary circumstances, any
Party may seek equitable or injunctive relief to preserve the status quo pending occurrence of the
mediation/arbitration process herein specified. It is the express intent of the Parties to have any
and all disputes under this Agreement resolved by the above-specified mediation/arbitration
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process and in as timely and economical manner as possible.
15. DATA OWNERSHIP
All data, records, voice, video, and reports relating to the ECC, whether in existence at the
Execution Date hereof or compiled thereafter in the course of performing this Agreement, shall
be treated by County and its subcontractors as the exclusive property of County and the
furnishing of such records, or access to such items by, County and/or its subcontractors, shall not
grant any express or implied interest in or license to any Public Entity and/or its subcontractors
relating to such records other than as is necessary to perform and provide the services from this
Agreement to the ECC. Upon request by a Public Entity and without regard to the default status
of the Parties under the Agreement, County and/or its subcontractors shall deliver in a reasonable
timeframe available data, records, voice, video and reports relating to the EEC in electronic
format and in such hard copy as exists on the date of the request of the Public Entity, with the
Public Entity paying any costs related to data extraction.
16. GENERAL PROVISIONS
Amendment: This Agreement may be amended or modified only by an instrument in writing
signed by all the Parties hereto.
Waiver: Any waiver of any terms and conditions hereof must be in writing and signed by the
Parties hereto. A waiver of any of the terms and conditions hereof shall not be construed as a
waiver of any other terms or conditions in this Agreement.
Successors and Assigns: This agreement and the rights, privileges, duties, and obligations of the
Parties hereunder, to the extent assignable or delegable, shall be binding upon and inure to the
benefit of the Parties and their respective successors, permitted assigns, and heirs.
Assignment: No Party may assign, sell, or otherwise transfer its interest or obligations in this
agreement without the prior written consent of the County upon the recommendation of the
Executive Committee. Any organization wishing to participate in this system shall participate
through this Agreement and may not participate through agreements with other participating
agencies. Any such purported assignment is null and void.
Compliance with Applicable Law: The Parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
Severability: If any part, term, or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a Federal, State or Local Government having
jurisdiction over this agreement, the validity of the remaining portions or provisions shall not be
affected thereby.
Heading: The section and paragraph headings are for convenience only and shall not be
used to interpret the terms of this Agreement.
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Time is of the Essence: Time is of the essence in each and all of the provisions of this
Agreement.
Jurisdiction and Venue: This Agreement shall be governed by and interpreted under the laws of
the State of California. Venue of any dispute arising from this Agreement shall be in the Superior
Court of California, in the County of Marin.
Construction of Agreement: The Parties agree that each Party has fully participated in the review
and revision of this Agreement and that any rule of construction to the effect that ambiguities are
to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or
any amendment hereto.
Counterparts: This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same agreement.
Authority: Any individual executing this Agreement on behalf of a Party represents and warrants
hereby that he or she has the requisite authority to enter into this Agreement on behalf of such
Party and to bind the Party to the terms and conditions of the same.
Integration: This Agreement, including the exhibits hereto, shall represent the entire agreement
between the Parties with respect to the subject matter hereof and shall supersede all prior
negotiations, representations, or agreements, either written or oral, between the Parties as of the
effective date hereof.
Change of Address: The mailing addresses, email addresses, phone numbers, and contacts may
change, and it is the responsibility of the Parties to notify each other as specified within ten days
of said change.
Notices: Notices required under this Agreement shall be emailed or delivered personally or by
first-class, postage pre-paid mail as follows:
COUNTY OF MARIN
Jason Weber
Marin County Fire Chief
PO Box 518
Woodacre, CA 94973
jweber@marincounty.org
CITY OF SAN RAFAEL
City Manager
1400 Fifth Avenue
San Rafael, CA 94901
Cristine.Alilovich@cityofsanrafael.org
With copy to Fire Chief: Abraham.Roman@cityofsanrafael.org
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For the County of Marin: For City of San Rafael:
Dennis Rodoni Cristine Alilovich
President City Manager
County of Marin Board of Supervisors City of San Rafael
Signature: ________________________ Signature: ________________________
Date: ________________________ Date: ________________________
Attachment A: Estimated Startup Costs and Annual Operating Costs for FY 2024-25
911 Agreement Attachment A FY 2024-2025 Estimated Costs
Table A: 911 Communications Services Cost Summary for FY 2024-25, if Startup Costs
are paid annually over 15 years with a 2% amortized fee on the unpaid balance
Share of
Annual
Cost of
Services
Annual Cost
of Services
Admin fee
3.5%
Startup Costs
annual payment if
paid over 15 years*
Total FY 2024-25
Novato 18.26%917,835$ 32,124$ 94,110$ 1,044,070$
San Rafael 23.94%1,203,355$ 42,117$ 123,386$ 1,368,859$
Ross Valley 7.22%362,746$ 12,696$ 37,194$ 412,636$
Kentfield 2.31%116,284$ 4,070$ 11,923$ 132,278$
Central Marin 7.74%388,955$ 13,613$ 39,881$ 442,449$
Southern
Marin 13.41%674,056$ 23,592$ 69,114$ 766,763$
Tiburon 3.13%157,091$ 5,498$ 16,107$ 178,696$
Subtotal non-
County 76%3,820,323$ 133,711$ 391,716$ 4,345,750$
MCFD 24%1,206,418$
Total 100%5,026,741$
* Please reference to Agreement Section 10. C. for the cost allocation to each entity.
Share of
Annual
Cost of
Annual Cost
of Services
Admin fee
3.5%
Startup Costs paid
as lump sum*Total FY 2024-25
Novato 18.26%917,835$ 32,124$ 1,218,552$ 2,168,512$
San Rafael 23.94%1,203,355$ 42,117$ 1,597,619$ 2,843,091$
Ross Valley 7.22%362,746$ 12,696$ 481,594$ 857,036$
Kentfield 2.31%116,284$ 4,070$ 154,384$ 274,738$
Central Marin 7.74%388,955$ 13,613$ 516,390$ 918,959$
Southern
Marin 13.41%674,056$ 23,592$ 894,902$ 1,592,550$
Tiburon 3.13%157,091$ 5,498$ 208,560$ 371,149$
Subtotal non-
County
agencies:76%3,820,323$ 133,711$ 5,072,000$ 9,026,034$
MCFD 24%1,206,418$ 2,628,000$
Total 100%5,026,741$ 133,711$ 7,700,000$
* Please reference to Agreement Section 10. C. for the cost allocation to each entity.
Table B: 911 Communications Services Estimated Cost Summary for FY 2024-25, if
Startup Costs are paid in full