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Home My WebLink AboutCC Resolution 11973 (Shared Servies; Marinwood)RESOLUTION No. 11973 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES. (Term of Agreement Commencing July 1, 2006 and Termin- ating on June 30, 2009) WHEREAS, the City of San Rafael and Marinwood Community Services District have both benefited from fire protection and emergency response agreements dating back to 1973; and WHEREAS, the City of San Rafael desires to continue an agreement for fire protection services with the Marinwood Community Services District; and WHEREAS, the City established a negotiating team that was tasked with structuring a new Agreement prior to the termination of the current fire protection services Agreement; and WHEREAS, the City's negotiating team and staff have met with District representative and staff over this past year and have structured an Agreement that continues services response and requirements for both entities in a manner consistent with current and past practice; and WHEREAS, the City of San Rafael has determined that services provided under said Agreement are proper, in the best interest of our residents and businesses, and will continue to provide important fire protection to our community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The MAYOR, INTERIM CITY MANAGER and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Marinwood Community Services District for fire protection and emergency response services, a copy of which is hereby attached and by this reference made a part hereof. I, Jeanne M. Leoncini, 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 19t�' of June, 2006, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips Je ne M. Leoncini, City Clerk WAManagement Services- WorkFile\Finance- WorkFile\Council Material\Resolutions\2006\City\City-MCSD fire prot reso 06.doc AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES This Agreement is made and entered into this 13th day of June, 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY and DISTRICT, in June of 2005, entered into a one-year, interim agreement for fire protection services after the June 5, 2005 termination of their April 6, 1998 Agreement for Fire Protection Services; and, WHEREAS, CITY and DISTRICT have negotiated a structural agreement that will provide both the City and Community Services District with a higher level of fire protection services to residents, businesses and visitors by continuing the two agencies' historic cooperation in the provision of fire protection services to their respective communities; and, WHEREAS, the interim Agreement will terminate on June 30, 2006 and both CITY and DISTRICT desire to enter into a new operational and structural agreement for the provision of fire protection and emergency services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: TERM OF AGREEMENT The term of this Agreement shall be for three (3) years, commencing July 1, 2006 and terminating on June 30, 2009. Additionally, either party may terminate the Agreement pursuant to Section 9 herein. 2. TR.NINING. A. DISTRICT's employees shall participate in CITY's Fire Department training sessions, exercises, drills and proficiency indexes. B. In situations where DISTRICT utilizes CITY's training facility at Fire Station #2, CITY will provide emergency response from the closest appropriate CITY emergency response unit to DISTRICT while DISTRICT's personnel are absent from their station for purposes of said training. 3. DUTIES OF DISTRICT. DISTRICT agrees to perform the following duties and obligations: A. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company with three (3) full time professional firefighting personnel on a single engine response within the San Rafael Fire Department service area, as illustrated in Exhibit "A" attached hereto. B. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company with three (3) frill time professional firefighting personnel on any multi- company response or alarm within the San Rafael Fire Department service area, as illustrated in Exhibit "A" attached hereto. C. To establish and maintain the three (3) person complement mentioned in 3.A. and 3.13. above, as consisting of one (1) officer or acting officer and two (2) firefighters. 4. DUTIES OF CITY. CITY agrees to perform the following duties and obligations: A. To integrate coverage of the Marinwood Station into the overall CITY system of fire station coverage, including automatic move -up, as defined in the mutual aid matrix in use by DISTRICT and CITY and the Marin County Mutual Aid Plan. B. To dispatch, within CITY's capabilities of available personnel and equipment, on a first alarm two (2) fire engines, one truck and one Chief Officer to DISTRICT's service area as illustrated in Exhibit "A" attached hereto. C. When DISTRICT' s first -out engine is dispatched to an emergency and DISTRICT's second engine is not staffed within eight (8) minutes, CITY shall, within its capabilities of available personnel and equipment, relocate an engine within or near the DISTRICT's Fire Station until such time as DISTRICT's second engine is staffed or DISTRICT's first -out engine is available within DISTRICT. D. To provide DISTRICT with 9-1-1 and twenty-four (24) hour dispatching service, for receipt and re -transmission of emergency alarms. E. To respond within City's capabilities of available personnel and equipment, to all emergencies occurring within DISTRICT while DISTRICT is engaged in emergency operations within CITY, or to subsequent alarms occurring within DISTRICT. F. To provide upon request and with reasonable notice, a chief officer to respond to the DISTRICT to assume position of Incident Commander should the DISTRICT's Fire Chief be unavailable. 5. COMPENSATION. As additional consideration for DISTRICT's performance under this Agreement, CITY shall compensate DISTRICT as follows: a) Fiscal year 2006-2007: $225,000.00 b) Fiscal year 2007-2008: 250,000.00 c) Fiscal year 2008-2009: 275,000.00 This annual amount is payable in two separate and equal installments, on December 30, and June 30, of each year. 6. AGREEMENT ADMINISTRATION/NOTICES. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The CITY's Fire Chief is hereby designated the Agreement Administrator for the CITY, and said Administrator shall supervise all aspects of the progress and execution of this Agreement for CITY. The District Manager shall be the representative of DISTRICT for all purposes under this Agreement. The DISTRICT's Fire Chief is hereby designated the Agreement Administrator for the DISTRICT, and said Agreement Administrator shall supervise all aspects of the progress and execution of this Agreement for DISTRICT. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Fire Chief, San Rafael Fire Department City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO DISTRICT: Fire Chief, Marinwood Fire Department Marinwood Community Services District 777 Miller Creek Road San Rafael, California 94903-1323 3 7. INDEMNIFICATION. CITY shall defend, indemnify and hold harmless DISTRICT, its officers, agents and employees, while acting within the course and scope of their employment, from any liability, including attorneys' fees, arising by virtue of law, because of injury to property or injury or death of persons which occurred by reason of any actions of CITY, its officers, agents and employees, while acting within the course and scope of their employment, under the provisions of this Agreement. DISTRICT shall defend, indemnify and hold harmless CITY, its officers, agents and employees, while acting within the course and scope of their employment, from any liability, including attorneys' fees, arising by virtue of law, because of injury to property or injury or death of persons which occurred by reason of any actions of DISTRICT, its officers, agents and employees, while acting within the course and scope of their employment, under the provisions of this Agreement. 8. ENTIRE AGREEMENT -- AMENDMENTS. This Agreement supercedes any and all prior agreements between the parties and represents the whole and entire Agreement between CITY and DISTRICT. No provision or obligation hereunder may be amended except upon subsequent written agreement of CITY and DISTRICT. 9. TERMINATION. Either party may tenninate this Agreement, for any reason, by giving written notice to the other party, one hundred eighty (180) days prior to the effective date of termination. 10. REGIONALIZATION OF SERVICES. Both the CITY and the DISTRICT have expressed a willingness to explore alternative means of delivering fire protection services to the San Rafael/Marinwood service area. Over the term of this Agreement, both parties agree to have discussions and explore ideas around fire protection and emergency response service delivery, including regionalization or consolidation of services, and to include other agencies as appropriate in their discussions. 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. Cy Irll•Z1] �i.�`►i_�7:\ �� 111 Albert J. B'oro, M r Ken khl, Interim City Ma age ATTEST: eanne M. Leoncini, City Clerk Attorney MARINWOOD COMMUNITY SERVICES DISTRICT D-?,u_.V14 David S. Mitchell, Board President T masD. Horne, �Distr�ictfanager ATTEST: Tomas D. Horne, �Dist�nctManager APPROVED AS TO FORM: -P*pttt7 County Counsel W:'•City Managers- WorkHeNeetingsWtarinwood negotiationsWlarinwood Agreement fmal.doc