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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