No preview available
HomeMy WebLinkAboutFD Shared Services; Larkspur 2013000f 5 b Agenda Item No: J Meeting Date: October 21, 2013 Prepared by: Christopher Gray, Fire Chief City Manager Approval SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISION OF SHARED FIRE AND EMERGENCY SERVICES BY THE CITY OF SAN RAFAEL AND THE CITY OF LARKSPUR RECOMMENDATION: Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute the Agreement. I BACKGROUND: San Rafael and Larkspur share one of the longest contiguous borders of any two communities in Marin. The San Rafael Fire Department works closely with the Larkspur Fire Department to manage emergencies that occur along this boundary. For decades, the two agencies have shared a boundary drop agreement along Highway 10 1 between Lucky Drive and Francisco Boulevard in order to provide the fastest response to incidents along the freeway. Since March 2009 an agreement to utilize the San Rafael Battalion Chiefs within Larkspur has been in place. In May 2012, the two agencies signed a Unified Command agreement to jointly oversee the operations of the two departments. ANALYSIS: The attached Joint Exercise of Powers Agreement would transfer existing agreements into new master document that includes the aty of engine company members to work shifts in th neighboring agency. This enhanced agreement would include provisions for Operational Staff t voluntarily work shifts in the partner agency's fire stations when there is a need to fill vacancies due t unexpected illness, injury or when employees are on vacation. This portion of the agreement r. would b entirely voluntary. No staff member from one agency would be required to work a shift in th neighboring agency. Personnel would be paid by their own agency for working the overtime in th neighbor agency, and would be reimbursed by the neighboring agency. For example, San Rafae personnel would work in Larkspur, be paid overtime by San Rafael, and Larkspur would reimburse Sa Rafael. Both aorencies hold minimum staffing agreements. In the City of San Rafael, we maintain daily staffing of 23 on -duty personnel. Larkspur maintains on -duty stalling of five personnel. Any member scheduled to work who cannot fill his or her assigned shift due to scheduled vacation or because of illness or injury must be replaced by an off duty member. Occasionally, this can place a burden on the agency if multiple rT_.1 employees are sick, injured or on vacation. I ne use of shared service agreements will enable us to utilize File No.: Council Meeting - D is pos"iti o n A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISION OF SHARED FIRE AND EMERGENCY SERVICES BY THE CITY OF SAN RAFAEL AND THE CITY OF LARKSPUR WHEREAS, the Cities of San Rafael and Larkspur share one of the longest contiguous borders of any two communities in Marin County; and WHEREAS, the San Rafael Fire Department works closely with the Larkspur Fire Department to manage emergencies that occur along this boundary. For decades, the two aggg encies have shared a boundary drop areement alonHighway 101 between Lucky Drive and Francisco Boulevard in order to provide the fastest response to incidents along the freeway. Since March 2009, an agreement to utilize the San Rafael Battalion Chiefs within Larkspur has been in place. In May 2012, the two agencies signed a Unified Command agreement to jointly oversee the operations of the two departments; and WHEREAS, both cities fire departments work under minimum staffing agreements that, respectively, require the San Rafael Fire Department to maintain daily staffing of 23 on -duty personnel and the Larkspur Fire Department to maintain on -duty staffing of five personnel. To meet the minimum staffing requirements, any member scheduled to work who cannot fill his or her assigned shift due to scheduled vacation or because of illness or injury must be replaced by an off-duty member; this can occasionally place a burden on the agency if multiple employees are sick, injured or on vacation; and WHEREAS, I Rafael Fire Department and the Larkspur Fire Department desire t enter into an agreement whereby the two agencies can share fire and emergency servicelz [�,ersonnel to assist in filling temporary vacancies when necessary to meet minimum staffin-I requirements-, and E WHEREAS, such a cooperative agreement would also further enhance each fir department's operations by enabling crew members from the two agencies to work more closel 0 together in a continued effort to regionalize services. NOW, THEREFORE, BE IT RESOL-VED, that the City Council hereby approves an authorizes the City Manager to sign an agreement for the joint exercise of powers between th City of San Rafael and the City of Larkspur for the sharing of fire and emergency serviceill personnel, in the form attached hereto as Attachment 1. I Esther C. Bei e, 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 City Council of the City of San Rafael, held on Monday, the 21st of October 2013, by the following vote,, to wit: AYES: Councilmembers: Connolly, Heller, McCullough & Mayor Philli *2 11iffe-row MIN711 q III!1!� ►j 1110� 0 e'00.0• Esther C. Beime, City Clerk JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE CITY OF LARKSPUR FOR THE SHARING OF FIRE AND EMERGENCY SERVICES PERSONNEL THIS JOINT EXERCISE OF POWERS AGREEMENT Agreement") i made and entered into this.29',iw day of Ve-rtogee by and 11 2013, between tll CITY OF SAN RAFAEL ("SAN RAFAEL"), a California municipal corporation an charter city, and the CITY OF LARKSPUR ("LARKSPUR"), a California municip corporation. I The following Recitals are a substantive part of this Agreement., WHEREAS, SAN RAFAEL and LARKSPUR (sometimes hereafter referred to collectively as the "Cities" or individually as "City") are neighboring cities, each of which maintains a fire department to provide fire and emergency services within its defined jurisdiction; and WHEREAS, in 2009, the Cities entered into an agreement for SAN RAFAEL to provide battalion chief services to LARKSPUR under certain circumstances, as specifically set forth in that certain "AGREEMENT FOR THE PROVISION OF BATTALION CHIEF, SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR" dated March 2, 2009 (the "Battalion Chief Agreement"); and WHEREAS, the Cities have determined that the sharing of personnel services between SAN RAFAEL and LARKSPUR exemplified in the Battalion Chief Agreement has been successful for and advantageous to each of them; and WHEREAS, the es agree that a more comprehensive agreement for the sharing of fire services personnel between SAN RAFAEL and LARKSPUR over 9 - unified operational area depicted in Exhibit A attached hereto and incorporated herein Unified Operational Areawould provide enhanced benefits to each of them by reducing overall administrative costs while increasing the availability of required 0 # minimum staffing for emergency response throughout the Uned Operational Area-, and WHEREAS,, the es are interested m an agreement for the sharing of # lf� firefighting personnel whereby the fire captains, engineers., nrefighters, and "or paramedics from one City may be assigned to the other City's station(s), respond to calls, 1 0 'de receive training, ride on and ' 'or operate one another's equipment and otherwise provi Public safety services that mav result in personnel of one City operating under and within 0 V the jurisdiction of the other City-. and ORIGI�aI, WHEREAS, the anticipated 'increased efficiencies and lower costs provided bill "I such a shared services agreement will promote and pro1 tect the public health, safety an welfare of the residents, visitors and businesses of SAN RAFAEL and• LA d RKSPUR ,? 1 ,.n WHEREAS, as neighboring es, SAN RAFAEL and LARKSPUR may enter into an agreement to jointly exercise their common power to provide fire and emergency services and to provide each other with such services under the authority of California Government Code sections 6500 et . and 55631 et .; and WHEREAS. , it is the Cities' intention in entering into this Agreement not to alter or in any way affect the employment relationship each City has with its respective fire department employees; and WHEREAS, in carrying out their obligations under this Agreement, the parties understand and agree that they are acting under the authority of the Joint Exercise of Powers Act, Government Code Sections 6500 et seq.; and WHEREAS, the Cities understand and agree that under Government Code Sections 6513 and 55634, when one City's employees are performing their functions and duties extraterritorial I y in the other City's jurisdiction under this Agreement, these employees shall continue to have and enjoy the same privileges and immunities, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation and other benefits which these employees have and enjoy when engaged in such duties and functions within the territorial limits of their own City- ............. FMITIi Purpose: The purpose of this Agreement is to establish and define structure for the sharing of personnel between the fire departments of LARKSPUR an SAN RAFAEL, to jointly provide necessary fire and emergency services to both Citie within the Unified Operational Area, thus improving the delivery of such services t both Cities while achieving greater efficiency and economic benefit. Upon its effectiv date, this Agreement shall supersede the Battalion Chief Agreement. I 2, Term.- This Agreement shall become effective on 2013, and 2015- at which time both SAN RAFAEL and LARKSPUR shall continue until June 30, desire to enter into a new operational and structural agreement for the provision of fire 4 protection and emergency services. 3. Interagency Personnel Deployment and Operational Structure, A. Shari*,ng,,,, of Personnel. Subject to the limitations and requirements of the collective bargaining agreement(s) between each City and the union(s), representing their respective Fire Department employees as of the effective date of this Agreement or as -4 may be amended from time to time, the Fire Chief of each City is hereby authorized to assign any of his City's fire department personnel to temporary duty with the other City upon the request of the Fire Chief of the other City, whereby the fire captains., engineers., firefighters, and/or paramedics from one City may be assigned to the other City's station(s), respond to calls, receive training, ride 'on and/or operate one another's equipment and otherwise provide public safety services that may result in personnel of one City operating under and within the jurisdiction -of the other City. Personnel from the City providing services (defined as the "Sole Employer" by Section 7 of this Agreement) assigned for duty to the other City (hereinafter the "Receiving City") shall become familiar with and observe all operational policies and procedures of the Receiving City. B. Staffing Plan. A staffing plan shall be developed and implemented jointly by the LARKSPUR Fire Chief and the SAN RAFAEL Fire Chief. The objective of sharing personnel and the goals of the staffing plan are (1) to provide the services of a SAN RAFAEL battalion chief as the incident commander ("Duty Chief) in the case of a LARKSPUR response to an emergency event as more fully described hereafter, and (2) to cover overtime shifts or vacancies in each City for captain, firefighter, engineer, or paramedic positions, on a voluntary and as -needed basis. In no event shall personnel deployment cause either City to fall below defined minimum staffing levels; each City shall continue to be responsible for maintaining its own minimum staffing levels. 0 MM 0 M Ask I D. LARKSPUR Payment for Battalion Chief Services. To reimburse SAN RAFAEf, for the time spent by its Battalion Chief in responding as a Duty Chief to emergency incidents in LARKSPUR and in undertaking famarization and training in LARKSPUR, LARKSPUR will pay SAN RAFAEL for such services at the rate of Ninety Three Dollars ($93.00) for each full hour, or portion thereof, spent by its Battalion Chief in providing such services. The charges shall begin at the time the Battalion Chief is dispatched for services as a Duty Chief, or commences familiarization andtra d ining in LARKSPUR, and shall end upon a completion of such services, anthe charges shall be assessed with a two hour minimum. The parties shall periodically review the costs and benefits of these services, and may mutually agree in writing to an adjustment of this hourly rate to ensure fairness and adequate compensation for such services. SAN RAFAEL shall present an invoice to LARKSPUR for such services on a quarterly basis, and LARKSPUR shall pay SAN RAFAEL within thirty (30) calendar days of receipt of the invoice. E. Budgets/Reimbursement of Overtime Costs. Each City will maintain its existing separate budget; provided, however that the LARKSPUR Fire Chief and the SAN RAFAEL Fire Chief shall work together to facilitate the efficient and equitable allocation of revenues and costs under this Agreement. The Cities agree that when a City acting as Sole Employer incurs overtime costs due to the assignment of its personnel to the Receiving City pursuant to this Agreement, the Sole Employer shall be reimbursed by the Receiving City for the total amount of overtime pay liability incurred by the Sole Employer. It is understood and agreed that the calculation of overtime pay due to the assignment of personnel to the Receiving City shall be based upon the base pay compensation rates set for such personnel by the Sole Employer, and that the assignment of personnel under this Agreement shall not result in any change in the base pay compensation rates for such personnel. Quarterly, any Sole Employer incurring such overtime pay costs shall send an invoice to the Receiving City for reimbursement of such overtime costs, which shall be paid by the Receiving City within thirty (30) days of 1W receipt. 4, Governing Boards/Committee. The governing board of each City is it' City Council, as applicable. A committee comprised of the Fire Chiefs an representItives from each bargag unit of the Fire Department of each City shall b established to review and evaluate, quarterly in the first year, and at least bi-annuall, thereafter, all aspects of this Agreement and the operations, ranks, salaries, disciplin procedures hereunder, and with that, the opportunity for formation of a single entit, encompassing both of the Cities. 5. The Unions. As of the Effective Date of t ' his Agreement, the San Rafael Firefighters Association, the San Rafael Chief Officers Association and the Larkspur Professional Firefighters Association represent the Battalion Chiefs and Firefighters employed by both the Cities. The existing respective collective bargaining agreements for such associations, as may be amended from time to time, shall apply to the shared personnel contemplated by this Agreement, according to the specific collective bargaining agreement(s) in effect between the respective City and its personnel. 11 6. Administration of Agreement: The City Managers of SAN RAFAEL and LARKSPUR, or their respective designees, are each authorized to take such actions as are necessary to implement and administer the terms of this Agreement on behalf of their respective Cities provided, however, that either City Manager may determine in his or her sole discretion that it is necessary to receive the approval of his or her City's City Council. 7, Employer/Emploxee Relatio 0 0 It is the intent of the parties that each City shall remain the sole employer of any and all of its employees temporarily assigned to the Receiving City under the terms of this Agreement (the "Sole Employer"). Employees of the Sole Employer shall continue to receive the rights, privileges and benefits conferred by the Sole Employer at all times that the employee is temporarily assigned to the Receiving City. A. Compensation. No employee of a Sole Employer may receive any compensation (including salary, retirement, leave and other benefits) from the Receiving City. Compensation shall only be conferred upon the employee by the Sole Employer regardless of the number of hours the employee may be assigned to the Receiving City. B. Disc . No party that is not the Sole Employer of an employee may reprimand, suspend, or take any disciplinary action whatsoever against such employee. Discipline may only be taken against the employee by the employee's Sole Employer regardless of the number of hours the employee may be assigned to the Receiving City. C. Control of Work and Temporary Hour Limitations. The parties expressl understand and agree that the Sole Employer controls and shall continue to control th means and manner by which all work is to be performed by the personnel of the SoV Employer at all times while the personnel are temporarily assigned to a Receiving Ci under the terms of this Agreement. Additionally, the parties expressly understand an agree that the employees of the Sole Employer shall not be temporarily assigned to th Receiving City in excess of any of the following: 1) an average of twenty (20) hours pe week per year-, 2) one thousand (1,000) hours within a fiscal year; or 3) full-time for an, six-month period. liq 11111111q 1 11 I Employer, regardless of how many hours, days, months or years that employee may be assigned to the Receiving City under this Agreement. E. Notice to Ernp,loyees. The parties further represent and warrant that each Sole Employer shall provide a copy of this section or summary of the provisions of this section to each of its employees that may be assigned to the Receiving Agency under this Agreement within 30 days of the effective date of this Agreement or the employee's date of hire, whichever comes later. Each Sole Employer shall retain a copy of the notice provided to each employee under this section in a form that bears the signature of the employee with the date of the employee's signature attesting to the receipt of such notice and the understanding of the employee as to his/her rights while being assigned to the Receiving Agency under this Agreement and the date of the employee's signature. No Sole Employer shall assign any employee to the Receiving Agency until the Sole Employer has received a signed copy of this notice from its employee. 8. Insurance: A. Workers' Compensation Insurance. Each City shall provide workers' compensation insurance for its employees, even when such employees are assigned to a Receiving City. All workers' compensation claims shall be filed exclusively with the employee's Sole Employer and each City retains its own losses for any workers' compensation loss, without any right of subrogation or other recourse against any other City. Each City warrants that it carries workers' compensation insurance that complies with the requirements of the California Workers" Compensation Act. B. Each City shall maintain at its sole cost and expense, either through a bona fide program of self-insurance, a risk -sharing Joint powers authority, or any combination thereof, commercial general liability insurance coverage with minimum limits of One Million Dollars ($1,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate and commercial automobile liability coverage in the amount of One Million Dollars ($ 1,000,000) combined single limit. C. Other Requirements. All required insurance coverages shall be substantiated with a certificate of insurance and must be signed by the insurer or its representative evidencing such insurance to each City. The general liability policy shall be endorsed naming the other City as an additional insured. The certificates of insurance and required endorsement shall be furnished to each City prior to the Effective Date of this Agreement. Said policies shall remain in force through the term of this Agreement and shall be pavable on a per occurrence basis only. Nothing, herein shall be construed as a limit of either City's liability, and each City shall indemnify, defend, and hold harmless the other City in accordance with the provisions of Section 9 of this Agreement. Failure to provide and maintain the insurance required by this Agreement will constitute a material breach of the Agreement. In addition to any other remedies, either City ma�, suspend payment to the other C*t- I yr for any services provided I during the time that 11 insurance was not in effect and until such time as ine default*ng City I provides adequate evidence that it has obtained the required coverage. 0 9, Indemnification and Hold Harmless:. A. LARKSPUR agrees to protect, defend, indemnify, and hold harmless, SAN RAFAEL, t elected officials, agents, and employees, from any and all claims, judgments, awards, costs and . expenses (including attorneys' fees and disbursements), caused by or occurring by reason of any act and/or omission of LARKSPUR, its directors, officials, officers, employees, agents and/or volunteers, and/or SAN RAFAEL Fire Department personnel, arising out of, or in connection with, fire protection or emergency services provided within the boundaries of LARKSPUR under this Agreement, provided that such hold harmless and indemnification shall not extend to willful misconduct by SAN RAFAEL Fire Department personnel. B. SAN RAFAEL agrees to protect, defend, indemnify, and hold harmless LARKSPUR, its officers, elected officials, agents, and employees, from any and all claims, judgments, awards, costs and expenses (including attorneys" fees and disbursements) caused by or occurring by reason of any act and/or omission of SAN RAFAEL, its directors, officials, officers, employees, agents and/or volunteers, and/or LARKSPUR Fire Department personnel, arising out of, or in connection with, fire protection or emergency services provided within the boundaries of SAN RAFAEL under this Agreement, provided that such hold harmless and indemnification shall not extend to willful misconduct by LARKSPUR Fire Department personnel. C. The provisions of this Section shall survive the termination or expiration of this Agreement. D. Nothing contained in this Section or this Agreement shall be construed t create any liability or a right of indemnification in any third party. I 10, Third Part I Action Notificafion: Each City shall give the other City prompt notice in writing of any action or suit filed, and prompt notice of any claim made against the other City by any person or entity that may result in litigation related in any way to the services performed pursuant to this Agreement. 11. Non -Waiver: A waiver by either City of the breach of any provision of this Agreement by the other City shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 12, Termination: Either City may terminate this Agreement with or witho cause by giving the other City sixty (60) calendar days written notice of termination. I the event of termination, anv compensation pursuant to this Agreement shall be made to V all services rendered through the effective date of termination. M 13, Notices: Unless stated otherwise herein, all notices and demands shall be in writing and sent to the Cities to their addresses below, or to such other addresses as the parties may hereafter designate 'in writing-, Christopher Gray, Fire Chief City of San Rafael Fire Department 1039 C Street San Rafael, CA 94 901 Robert Sinnott, Fire Chief City of Larkspur Fire Department 420 Magnolia Avenue Larkspur, CA 94939 Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when so mailed or hand delivered at the addresses specified above. 14, Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term of expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Governing Law: This Agreement shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. 16. Non -Exclusive Agreement: Neither LARKSPUR nor SAN RAFAEL shall be precluded by anything in this Agreement from entering into similar agreements with other municipal corporations or public agencies. 17. Compliance with Law-, The Cities shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and 5 conditions of this Agreement. 18. Neutral Author Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of LARKSPUR and SAN RAFAEL. No presumption or other rules of construction which would interpret the provisions of this Agreement 'in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 19. Entire Agreement—Amendments: The terms and conditions of this Agreement represent the entire agreement of the Cities with respect to the subject matter of this Agreement". and supersede any and all prior negotiations, discussions", understandings, and agreements between the Cities as to the subject matter hereof. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by SAN RAFAEL and LARI KSPU which the SAN RAFAEL and LARKSPUR City Managers, or their designees, ar authorized to sign without further approval by their respective City Councils. 20. Severabili : A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the Cities' rights and obligations under this Agreement shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of California, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision, IN WITNESS WHEREOF, the Cities have executed this Agreement as of the day, month and year first above written. i!� aim ESTHER C. BEIRNE, City Clerk HIS HUIS AN, City Clerk APPROVED AS TO FORM. - 4 ROBERT F. EPSTEIN., ityAoey tt' SKY DRQ' FF, pity t ornev I 104,4740811 ml W "IMASS a ROUTING SLIP FOR APPROVAL Of CONTRACTS AGREEMENTS ORDINANCES RESOLUTIONS INSTRUCTIONS: FORM WITH EACH SUBMITTAL OF ORIGINAL AGREEMENTCONTRACT / ORDINANCE BEFORE APPROVAL ! ! ii AGENDASRCC DATE OF i FROM: Christopher Gray, ., Chief 1 1 RESOLUTION MANAGER AGREEMENT SHARED FIRE AND EMERGENCY SERVICES BY THE CITY OF SAN RAFAEL AND THE CITY OF LARKSPUR YJU /I, Department Head (LOWER HALF OF FORM FOR APPROVALS CouncilReviewed by City Manager / Executive Director Approved as ► APPROVED AS TO FO e City Attorney (Sig4a'turej__FF