HomeMy WebLinkAboutMS Emergency Management Services (2)c'ry o!",5,-,, "L Agenda Item No: 7
43 Meeting Date: May 18, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services
Prepared by: Steven Hancock,
Emergency Services
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 EMERGENCY MANAGEMENT SERVICES BY
THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR.
RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute the
agreement.
BACKGROUND:
The City of San Rafael Office of Emergency Services (OES) currently has one full-time
Emergency Services Manager and has been employing one part-time
temporary/seasonal position for the last several years for additional support. OES has
previously created a 2007-2012 Emergency Management Strategic Plan which has
identified a long-term strategy for developing and sustaining within the City of San
Rafael a comprehensive emergency management organization.
It is recognized that major emergencies and disasters will not limit themselves to
political boundaries. Rather, it will be necessary for us to foster and develop a unified
and coordinated approach to major emergency and disaster operations that disregards
political boundaries and embraces collective response and recovery operations with a
focus on an effective and efficient use of resources.
One of the six goals OES identified as part of its strategic plan is to "build new and
further develop existing partnerships with neighboring agencies and jurisdictions and
lead the enhancement of emergency management programs countywide."
FOR CITY CLERK ONLY
I91Ia1 NX
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The City of Larkspur, lying adjacent to the City of San Rafael, shares a common desire
to enhance its emergency services organization in an effort to better provide for the
residents and visitors of Larkspur during a major emergency or disaster. The City of San
Rafael, having a fully functional OES, is in a position to support the City of Larkspur in
its pursuits of becoming a fully developed, disaster ready organization.
The City of Larkspur has agreed to enter into agreement with the City of San Rafael for
the provision of emergency management services in an effort to improve their
emergency management organization.
ANALYSIS:
San Rafael OES shall provide emergency management services to Larkspur and assist
in developing a comprehensive emergency management system that will prepare for,
respond to, and recover from any natural, technological, or human caused disaster that
may affect Larkspur. These services will include, but are not limited to;
• Emergency Management Advocate / Advisor — OES will represent Larkspur
as needed at countywide emergency management meetings and will provide
recommendations and advise as needed on actions to take regarding issues of
relevance. Review and recommend on what is most applicable and necessary in
regards to emergency services trainings, meetings, workshops, and systems.
• EOP Implementation and Orientation - Ensure completion of the emergency
operations plan (EOP), which is currently being revised, and implement,
distribute, and provide orientation sessions on the new EOP to Larkspur staff and
council members.
• SEMS / NIMS Required Training - Provide and ensure that all staff is receiving
required federal and state emergency services trainings.
• EOC Staff Development and Training - Develop and implement an Emergency
Operations Center (EOC) staff training program that prepares and supports
Larkspur staff for their roles in the emergency operations center.
• EOC Oversight - Assist in the maintenance and administration of the Larkspur
EOC, including support in the development of a new EOC. Explore opportunities
for consolidating EOC operations with San Rafael
• Disaster Council - Provide guidance and assistance in the development of the
Larkspur disaster council.
Other Services - As possible, as projects and tasks are undertaken by San
Rafael, OES will look for opportunities as to how these same items can benefit
Larkspur and to provide the necessary materials, resources, and support for
adoption by Larkspur.
OES staff will work with the City of Larkspur to identify the needed system
enhancements and projects that will ultimately improve Larkspur's emergency
management organization. Once these projects are identified, they will be compared
with existing San Rafael efforts and prioritized in order to develop a realistic and
achievable timeline.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3
As possible, as projects and tasks are undertaken within San Rafael, OES will look for
opportunities as to how these same items can benefit Larkspur and to provide the
necessary materials, resources, and support for adoption by Larkspur.
OES will provide to the City of Larkspur an annual summary of all activities that were
performed the previous year in relation to this agreement. This will provide an
opportunity to evaluate the services provided to Larkspur and ensure that all parties are
satisfied with agreement.
FISCAL IMPACT:
Implementation of this agreement between the City of San Rafael and the City of
Larkspur will provide an increase in revenue to the City of San Rafael, with relatively
minor expenses. The City of Larkspur will pay to the City of San Rafael a total annual
compensation of $25,000 which will be invoiced to the City of Larkspur at the beginning
of each fiscal year. This amount will be increased 3% annually (see below). Funds from
this agreement will go towards the partial funding of one position within OES. The
agreement for services is for a period of three (3) years, with an option to terminate
each fiscal year, if desired.
1. Fiscal Year 2009-2010: $25,000.00
2. Fiscal Year 2010-2011: $25,750.00
3. Fiscal Year 2011-2012: $26,522.00
ACTION REQUIRED:
Adopt Resolution as presented.
ATTACHMENTS:
Attachment A: Resolution
Attachment B: Agreement for the Provision of Emergency Management Services by the
City of San Rafael to the City of Larkspur.
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR THE PROVISION OF EMERGENCY MANAGEMENT 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, the City of Larkspur, lying adjacent to the City of San Rafael, shares a
common desire to enhance its emergency management organization in an effort to better
provide for the residents and visitors of Larkspur during a major emergency or disaster; and
WHEREAS, San Rafael, having a fully functional Office of Emergency Services is in a
position to support the City of Larkspur in its pursuits of becoming a fully developed, disaster
ready organization; and
WHEREAS, the City of San Rafael Office of Emergency Services (OES) will provide
certain emergency management services to the City of Larkspur in an effort to enhance
Larkspur's disaster response and recovery capabilities that will prepare for, respond to, and
recover from any natural, technological, or human caused disaster that may affect Larkspur; and
WHEREAS, OES will work with the City of Larkspur to determine an overall strategy for
developing a comprehensive emergency management system and prioritizing projects and tasks
to be completed in Larkspur; and
WHEREAS, this agreement will not lessen the services provided to the residents,
businesses, and visitors of San Rafael.
NOW THEREFORE BE IT RESOLVED, that the City Manager of San Rafael is authorized to
execute, on behalf of the City of San Rafael, an Agreement for the Provision of Emergency
Management 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 regular meeting of the City
Council of said City held on Monday, the 18th day of May, 2009 by the following vote, to wit:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Esther C. Bierne, City Clerk
AGREEMENT FOR THE PROVISION OF EMERGENCY
MANAGEMENT SERVICES BY THE CITY OF SAN RAFAEL TO THE
CITY OF LARKSPUR
This Agreement is made and entered into this day of , 2009, by and between
the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL") and the CITY OF LARKSPUR
(hereinafter "LARKSPUR")
RECITALS
WHEREAS, LARKSPUR, lying adjacent to SAN RAFAEL, shares a common desire to
enhance its emergency services organization in an effort to better provide for the residents and
visitors of Larkspur during a major emergency or disaster; and
WHEREAS, SAN RAFAEL having a fully functional Office of Emergency Services
(hereinafter "OES"), is in a position to support LARKSPUR in its pursuits of becoming a fully
developed, disaster ready organization; and
WHEREAS, the parties' intention is that OES will provide certain emergency management
services to LARKSPUR in an effort to enhance LARKSPUR'S disaster response and recovery
capabilities that will prepare for, respond to, and recover from any natural, technological, or human
caused disaster'that may affect LARKSPUR; and
WHEREAS, the parties' intention is that OES will work with LARKSPUR to determine an
overall strategy for developing a comprehensive emergency management system and prioritizing
projects and tasks to be completed in LARKSPUR; and
WHEREAS, OES will represent LARKSPUR, as needed, at countywide and regional
emergency management meetings; and
WHEREAS, OES will identify opportunities to develop projects and programs that will
benefit both SAN RAFAEL and LARKSPUR; and
WHEREAS, SAN RAFAEL and LARKSPUR will work cooperatively to share and
mutually participate in tramings, exercises, and other projects, as appropriate.
NOW, THEREFORE, the parties agree as follows:
1. Purpose: The purpose of this Agreement is to define the scope of emergency
management 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 July 1, 2009, and shall continue
for three (3) fiscal years (July 1 — June 30) thereafter. Either party may terminate this agreement as
provided for in section 11 herein.
3. Scope of Services: OES shall provide emergency management services to
LARKSPUR and assist in developing a comprehensive emergency management system that will
prepare for, respond to, and recover from any natural, technological, or human caused disaster that
may affect LARKSPUR. These services will include, but are not limited to;
a) Emergency Management Advocate / Advisor — OES will represent
LARKSPUR as needed at countywide emergency management meetings and will provide
recommendations and advise as needed on actions for issues of interest and review and recommend
on what is most applicable and necessary in regards to emergency services trainings, meetings,
workshops, and systems.
b) FOP Implementation and Orientation - Ensure completion of the
Emergency Operations Plan (EOP), which is currently being revised, and implement, distribute, and
provide orientation sessions on the new EOP to LARKSPUR staff and council members.
C) SEMS / NIMS Required Training — SAN RAFAEL will provide and
LARKSPUR will ensure that all staff is receiving required federal and state emergency services
trainings. OES will provide LARKSPUR a method of tracking and verifying employee required
training.
d) EOC Staff Development and Training - Develop and implement an
Emergency Operations Center (EOC) staff training program that prepares and supports LARKSPUR
staff for their roles in the Emergency Operations Center.
e) EOC Oversight - Assist in the maintenance and administration of the
LARKSPUR EOC, including support in the development of a new EOC. Explore opportunities for
consolidating EOC operations with SAN RAFAEL.
f) Disaster Council - Provide guidance and assistance in the development of the
LARKSPUR Disaster Council.
g) Other Services - As possible, as projects and tasks are undertaken by SAN
RAFAEL, OES will look for opportunities as to how these same items can benefit LARKSPUR and
to provide the necessary materials, resources, and support for adoption by LARKSPUR.
h) Annual Summary — OES will provide to LARKSPUR an Annual Summary
of all activities that were performed the previous year in relation to this agreement. The Annual
Summary will be provided to LARKSPUR the first week of April of each year of this agreement.
OES and other SAN RAFAEL staff will, as time permits, interact with LARKSPUR
staff, tour the community, familiarize themselves with the LARKSPUR organization, and take those
steps they deem necessary to develop a basic understanding of local hazards and capabilities as they
relate to major emergency and/or disaster response and recovery operations.
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: All OES staff will participate, at the direction of the
Emergency Services Manager, in the development and implementation of these projects. Additional
SAN RAFAEL staff may be needed in support of this agreement and will be utilized at the discretion
of SAN RAFAEL. LARKSPUR staff will be needed to provide administrative and logistical
support, as well as provide certain managerial support and guidance.
5. Contract Payment: In exchange for and in consideration of the emergency
management services to be performed by OES hereunder, and for additional time required for
familiarization, training, and other needed services, LARKSPUR agrees to pay SAN RAFAEL
compensation for such services at an annual rate of Twenty -Five Thousand dollars ($25,000) for the
fiscal year 2009-2010. A three percent increase will be added annually thereafter, for annual
compensation for each fiscal year as set forth below. 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 LARKSPUR. SAN
RAFAEL shall present an invoice to LARKSPUR on an annual basis at the beginning of each fiscal
for the full amount of compensation owing for the coming fiscal year. LARKSPUR shall pay SAN
RAFAEL within sixty (60) calendar days of receipt of the invoice.
1. Fiscal Year 2009-2010:
$25,000.00
2. Fiscal Year 2010-2011:
$25,750.00
3. Fiscal Year 2011-2012:
$26,522.00
6. Disaster Operations: OES will not be responsible for participating in actual disaster
operations in LARKSPUR. However, OES will endeavor to provide guidance and advisement
during and immediately following a disaster on recommended actions to take. During an event
affecting both parties, OES will work to ensure that actions being undertaken in SAN RAFAEL are
communicated to LARKSPUR. During a major emergency or disaster that is only affecting
LARKSPUR, OES will, as able, provide support for disaster response and recovery operations.
After -action reviews of actual incidents will be inclusive of both parties as an opportunity to share
lessons learned and to explore continual opportunities to enhance both parties' emergency
management capabilities.
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 OES, 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. Nothwithstanding the foregoing, such hold harmless and indemnification shall not
extend to willful misconduct of OES.
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 parry.
8. Third Party Action Notification. Each parry 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 parry by any person or entity that may result in litigation related in any way to the
services performed pursuant to this Agreement.
9. Severability.
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.
11. Termination. Either party may terminate this Agreement, effective at the end of
each respective fiscal year, June 30, by written notice to do so on or before May 1 of the same
fiscal year, to the other party. The rights and obligations of the withdrawing party shall terminate
at the end of the fiscal year after the date of notice.
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:
Steven Hancock, Emergency Services Manager
City of San Rafael Office of Emergency Services
1400 Fifth Avenue
San Rafael, California 94901
Robert Sinnott, Fire Chief
City of Larkspur Fire Department
420 Magnolia Avenue
Larkspur, California 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 Agreement. 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.
19. No Employment 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 terns 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
KEN NORDHOFF, City Manager
CITY OF LARKSPUR
JEAN BONANDER, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk