Loading...
HomeMy WebLinkAboutCC Resolution 12656 (Shared Services; Larkspur)RESOLUTION NO. 12656 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISION OF BATTALION CHIEF SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, there is a need in the City of Larkspur Fire Department for the services of a City of San Rafael Fire Department Battalion Chief (referred to below as a "duty chief") in a dedicated vehicle to respond to 1 S` alarm and other incidents in the City of Larkspur; and WHEREAS, the duty chief will be dispatched in a seamless fashion along with other initial dispatch resources; and WHEREAS, the duty chief understands that he is to treat an incident in Larkspur just as he would an incident in San Rafael when the incident is one that would normally include a battalion chief, and WHEREAS, this Agreement shall not prevent the duty chief from responding to incidents and emergencies in San Rafael when necessary; and WHEREAS, this agreement assists in unifying fire services in the Marin County region NOW THEREFORE BE IT RESOLVED, that the CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an Agreement For The Provision Of Battalion Chief Services By The City Of San Rafael To The City Of Larkspur, a copy of which is hereby attached and by this reference made a part hereof. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a re ular meeting of the City Council of said City held on Tuesday, the 17th day of February, 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro None Miller ... .......... ESTHER C. BEIRNE, City Clerk AGREEMENT FOR THE PROVISION OF BATTALION CHIEF SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR This Agreement is made and entered into this ,2i* -A day of 14ia,-c- eI , 2009, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL") and the CITY OF LARKSPUR (hereinafter "LARKSPUR"). RECITALS WHEREAS, LARKSPUR has a need to utilize a SAN RAFAEL duty chief officer in LARKSPUR when a LARKSPUR chief officer is delayed or unavailable at the time of initial dispatch, and SAN RAFAEL desires to cooperate with LARKSPUR in providing the needed duty chief services; and WHEREAS, the parties' intention is that the SAN RAFAEL duty chief (hereafter "the DUTY CHIEF") will respond to 1" alarm or other incidents in LARKSPUR that would normally include a battalion chief in a dedicated vehicle as part of the LARKSPUR response matrix; and WHEREAS, the DUTY CHIEF will be dispatched in seamless fashion along with other initial dispatch resources, subject to the understanding that he can be relieved or cancelled by a LARKSPUR chief who is in the area and responding; and WHEREAS, the parties' intention is that upon dispatch to LARKSPUR, or while on scene, the DUTY CHIEF shall evaluate any simultaneous incidents that are occurring in SAN RAFAEL and LARKSPUR, and then determine where the DUTY CHIEF'S response should best be provided, considering available alternate resources; and WHEREAS, all parties understand that the DUTY CHIEF will not be expected or required to respond to LARKSPUR during a regional emergency or disaster or during a local emergency or disaster in SAN RAFAEL; and WHEREAS, all parties understand that the DUTY CHIEF will not be responsible for any LARKSPUR administrative functions or duties in connection with the performance of duty chief services pursuant to this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Purpose: The purpose of this Agreement is to define the scope of duty chief services to be provided to LARKSPUR by SAN RAFAEL, set forth the compensation to be paid by LARKSPUR for such services, and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Term: This Agreement shall become effective on March 1, 2009, and shall continue unless and until terminated as provided for in section 11 herein. 3. Scope of Services: SAN RAFAEL shall provide, to the best of its ability, a duty chief officer response to any 1" alarm or other incident in LARKSPUR that would normally include a battalion chief in a dedicated vehicle as part of the LARKSPUR response as dispatched, particularly when a LARKSPUR chief is delayed or unavailable. During response and upon arrival, the DUTY CHIEF shall direct and oversee the emergency event in an incident command role and function, subject to the understanding that he can be relieved or cancelled by a LARKSPUR chief who is in the area and responding. The DUTY CHIEF shall remain on scene until the incident is mitigated or command is transferred to a LARKSPUR officer. The LARKSPUR Fire Department may include any or all of the SAN RAFAEL Fire Department personnel who serve as a DUTY CHIEF in training sessions as mutually agreed upon by the two fire departments, any and all such SAN RAFAEL personnel may, as time permits, interact with the LARKSPUR Fire Department staff, tour the community, and take those steps they deem necessary to develop a basic understanding of target hazards, automatic aid agreements, areas with poor water supply, and other issues that might negatively or unexpectedly impact an emergency. In the event of simultaneous calls in SAN RAFAEL and LARKSPUR, the responding DUTY CHIEF shall have sole and absolute discretion as to the priority handling of such calls, considering alternate available resources. SAN RAFAEL, subject to the terms, conditions and limitations herein, shall be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by SAN RAFAEL employees while performing services under this Agreement. 4. Administration: The DUTY CHIEF shall not be responsible for any LARKSPUR administrative functions or duties in connection with the performance of this Agreement. 5. Contract Pavment: In exchange for and in consideration of the emergency response services to be performed by the DUTY CHIEF hereunder, and for additional time required (non -emergency) for familiarization and training, LARKSPUR agrees to pay SAN RAFAEL compensation for such services at an hourly rate of Ninety Three Dollars ($93.00) for each full hour, or portion thereof, per person. The charges shall begin at the time the DUTY CHIEF is dispatched, and the fees shall be assessed with a two-hour minimum. The parties shall periodically review the cost benefit of this Agreement and adjust the terms to ensure fairness and adequate compensation for services. LARKSPUR shall not be liable for any additional SAN RAFAEL expenses, except as otherwise specifically provided herein and/or as approved in advance by the LARKSPUR Fire Chief or his/her designee. SAN RAFAEL shall present an invoice to LARKSPUR on a quarterly basis. LARKSPUR shall pay SAN RAFAEL within sixty (60) calendar days of receipt of the invoice. 2 6. After -Action Review: The DUTY CHIEF may coordinate an after -action review depending upon the severity/magnitude of the incident. An incident report shall be completed by the DUTY CHIEF at the conclusion of every response. 7. Indemnification and Hold Harmless: A. LARKSPUR agrees to protect, defend, indemnify, and hold harmless SAN RAFAEL, its officers, elected officials, agents, and employees, from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all 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 the DUTY CHIEF, arising out of, or in connection with this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding. Notwithstanding the foregoing, such hold harmless and indemnification shall not extend to willful misconduct of the DUTY CHIEF. B. The provisions of this Section shall survive the termination or expiration of this Agreement. C. Nothing contained in this section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 8. Third Partv Action Notification: Each party to this Agreement shall give the other prompt notice in writing of any action or suit filed, and prompt notice of any claim made against the other party by any person or entity that may result in litigation related in any way to the services performed pursuant to this Agreement. 9. Severabilitv: 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 parties' rights and obligations to 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. 10. Non -Waiver: A waiver by either party of the breach of any provision of this Agreement by the other party 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. 3 11. Termination: Either party may terminate this Agreement with or without cause by giving the other party thirty (30) calendar days written notice of termination. In the event of termination, LARKSPUR shall compensate SAN RAFAEL for all services rendered through the effective date of termination. 12. Notices: Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing: TO CITY OF SAN RAFAEL: TO CITY OF LARKSPUR: Christopher Gray, Fire Chief City of San Rafael Fire Department 1039 C Street San Rafael, CA 94901 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. 13. 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. 14. Governing Law: This Agreement shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. 15. Non -Exclusive Aereement: The parties to this Agreement shall not be precluded from entering into similar agreements with other municipal corporations or public agencies. 16. Compliance with Law: All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 17. Neutral Authorship: Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. 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. 18. Filing: A copy of this Agreement shall be filed with the SAN RAFAEL City Clerk's office. Fj 19. No Emplovment Relationship: SAN RAFAEL and LARKSPUR understand and expressly agree that each agency bears full responsibility for controlling the manner and means by which their respective employees perform work, and for providing all compensation and other employment benefits including payroll taxes and worker's compensation coverage to their respective employees. LARKSPUR employees are not SAN RAFAEL employees and SAN RAFAEL employees are not LARKSPUR employees, and employees of either agency shall have no right to, and shall make no claim for, any type of employment benefits or compensation from the other agency. 20. Entire Agreement—Amendments: The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement and supersede any and all prior negotiations, discussions, understandings, and agreements between the parties 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 LARKSPUR. The SAN RAFAEL City Manager, or his designee, is authorized to alter or modify the terms and conditions on behalf of SAN RAFAEL as necessary. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CITY OF LARKSPUR KO06�,-& NORDHOFF, Ci"ag,r t C ST HER , F�irfe Chief ATTEST: ESTHER C. BEIRNE, City Clerk APPRO/V)E(D� AS TO FORM: LCSC T� Rte& ROBERT F. EPS lN, ty Attorney 9 BONANDER, City Manager ROBERT SINNOTT, Fire Chief _ ATTEST: K�"City Clerk A, RESOLUTION NO. 12656 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISION OF BATTALION CHIEF SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR THE CITY COUNCIL OF TI IE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, there is a need in the City of Larkspur Fire Department for the services of a City of San Rafael Fire Department Battalion Chief (referred to below as a "duty chief') in a dedicated vehicle to respond to 151 alarm and other incidents in the City of Larkspur; and WHEREAS, the duty chief will be dispatched in a seamless fashion along with other initial dispatch resources; and WHEREAS, the duty chief understands that he is to treat an incident in Larkspur just as he would an incident in San Rafael when the incident is one that would normally include a battalion chief; and WHEREAS, this Agreement shall not prevent the duty chief from responding to incidents and emergencies in San Rafael when necessary; and WHEREAS, this agreement assists in unifying fire services in the Marin County region NOW THEREFORE BE IT RESOLVED, that the CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an Agreement For The Provision Of Battalion Chief Services By The City Of San Rafael To The City Of Larkspur, a copy of which is hereby attached and by this reference made a part hereof. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a re ular meeting of the City Council of said City held on Tuesday, the 17th day of February, 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller ESTHER C. BEIRNE, City Clerk