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Agenda Item No:
Meeting Date: February 17, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by:
Christopher Gray, Fire Chief City Manager Approval.
Keith
Admin. Chief
SUBJECT: Resolution authorizing the City Manager to enter into an agreement with the County of Marin
to provide Fire Department Dispatch Services.
RECOMMENDATION: Adopt Resolution
BACKGROUND: The San Rafael Fire Department has historically provided its own emergency
communications and dispatch services. For many years, dispatching was provided by firefighters that
over time transitioned to one full-time 40 hour Dispatcher with "Cadets" covering afterhours and
weekends. In 1987, this transitioned again with the hiring of three full-time dispatchers, one assigned to
each of the three fire suppression shifts. This staffing method remains in place today with dispatchers
working a 48-hour shift on a 56 -hour workweek, the same as the firefighters.
The current Budget for the Fire Communications Program is approximately $510,000. This amount is
allocated as $225,000 for salaries, $120,000 for overtime and the per diem position, $125,000 for other
personnel -related costs and $40,000 in maintenance and operating costs. This amount is funded 1/3
from the General Fund ($170,000) and 2/3 from the EMS Budget ($340,000) - due to the volume of EMS
activity.
Over the past 10 -plus years, several attempts and multiple studies and have been initiated toward
consolidating the SRFD dispatch function with another dispatch provider to improve local and county -wide
response efficiency and to reduce service expenses. There are a growing number of concerns that make
this conversion imperative, including: 1) the performance issues inherent with the current staffing model
(48 hr. schedule for one dispatcher); 2) escalating costs of functioning as a separate center; and 3) the
fact that SRFD essentially operates as an island within Marin County. These and several other logical
reasons indicate that we should use the present opportunity for a change in the current method of
service.
The two presently available, carefully considered, alternatives are:
Consolidation of the City of San Rafael Police and Fire Dispatch Centers
- SRFD Dispatch Services being provided by the Marin County Public Safety Communications Center
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
Considerations to consolidation of San Rafael Police and Fire Department Dispatch Centers:
• An excellent level of cooperation exists between San Rafael Police and Fire;
• Maintenance of an existing City of San Rafael function;
• SRPD Staff believe their existing facility will be able to physically accommodate Fire Dispatch
functions despite its limitations;
• SRPD serves as the 9-1-1 answering point for San Rafael and, as such, would be able to
dispatch Fire/Medical resources without transferring a call elsewhere;
• SRPD Staff estimate the necessity to add a minimum of three (3) FTE employees to cover
dispatching/ managing fire/rescue and medical emergencies; this provides the potential to
transfer the two (2) current SRFD Dispatchers to the Police Department, resulting in no layoffs;
• Existing Police Dispatchers would be required to learn new skills and complete training in order to
provide Emergency Medical Dispatching, handle structure and brush fire responses (including
Mutual/Automatic Aid), and maintaining station coverage;
• Calls dispatched by SRPD would also require use of the Marin County Communication Center's
Computer Aided Dispatch (CAD) system. Police Dispatch Center dispatchers would be required
to know, and simultaneously make use of, two different CAD systems; these two CAD systems
cannot be integrated and the same information would need to be separately entered.
• SRPD costs for three Police Communications Dispatchers are $307,329 for salary and benefits
(not including any shift differentials, incentives, overtime and FLSA); this amount would be an
approximate $200,000 savings to the City (allocated as $67,000 less in General Fund and
$133,000 less in EMS Fund.)
Considerations to SRFD dispatch services being provided by the Marin "Comm Center"
• Utilizing the existing staffing for ten other fire agencies, Comm Center will be able to incorporate
the San Rafael call load with the addition of 2.5 FTE employees, to be used during peak call
periods. A new Dispatch Supervisor position is also being included at no cost to San Rafael;
• Comm Center costs are contractually set at $284,903 for the first year, which includes the 2.5
FTE's and a 5% admin. charge plus related CAD costs; this would represents an approximate
$225,000 savings to the City (allocated as $75,000 less in General Fund and $150,000 less in
EMS Fund.)
• Each San Rafael fire apparatus uses a Mobile Data Computer that only functions with the
Computer Aided Dispatch (CAD) system operated by Comm. Center. Operation of a separate
system is redundant and could lead to delays and duplication of efforts;
• SRFD and other fire departments in Marin are working to establish "boundary drop" automatic aid
agreements that allow the closest fire engine to respond to an emergency, even if it were out of
that agency's jurisdiction; SRFD is currently in the process of providing "Duty Chief' coverage to
Larkspur which may extend to other opportunities;
• SRPD currently has available a small number of trained Fire dispatchers. Comm Center has a
much larger number of available EMS and Fire -trained dispatchers, which is very beneficial to
maintaining station coverage for multiple calls within any fire jurisdiction during moderate to large
scale incidents or day-to-day operations
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pau: 3
Important mutual benefits to 11 Marin Co. fire agencies combining resources into this single,
regional, communication center
• San Rafael serves as centralized location within the most densely populated area within Marin
County with several fire protection and emergency challenges; SRFD responds to nearly 7000
emergency incidents annually. Our on -duty staffing of 23 personnel are unable to manage
simultaneously more than a house fire, a traffic accident with injuries, and a medical call;
• Due to call volume and type, SRFD is continuously involved with other Marin fire/medical
agencies to ensure that call handling and allocation of resources to fulfill requests are made in the
timeliest possible manner. The existing fire and medical response system requires this high level
of interdependence and cooperation among neighboring departments, making regional
coordination an ideal model for Fire/Emergency Medical service delivery;
In our current SRFD dispatch system, and equally true if utilizing the SRPD dispatch, delays will
occur when receiving or sending mutual aid. San Rafael is the only fire agency within the County
not using the County CAD System. As a result, the County is unaware of the status of our units
and their availability for immediate aid to other agencies. Similarly, SRFD dispatchers are
unaware of the status of units from other agencies. Subsequently, all requests for resources
must be handled via a telephone call between dispatch centers. This collective inability of
County or SRFD dispatchers to do direct dispatching of the units from all agencies results in
delayed responses;
• San Rafael Fire joining Comm Center is an essential step towards creating a unified response
system throughout Marin. A centralized coordination of fire and medical emergency responses
within Marin County will facilitate sending the closest available unit regardless of jurisdictional
boundaries; this will improve efficiency, reduce costs, and most importantly, save lives and
property.
• Consolidated services provide a faster access to CA-OES resources through ROSS (Resource
Ordering System & Status), a national system for dispatch of Mutual Aid Resources from beyond
Marin to another jurisdiction's fire or requests for resources for larger scale incidents,
• Fire stations are alerted automatically through the County CAD system, which provides a hard-
copy printout and can display dispatch information on mobile computer terminals. (MCT's are
already installed in all SRFD apparatus, but this feature will not be operational until the
department completes transition to the County CAD system);
• County CAD can also provide: notifications to key personnel, triggered by alarm level or incident
type; a detailed incident history information; "ReddiNet" hospital status on the County -operated
MCT's; and in-depth statistical analyses of fire and rescue incidents to individual departments
using the data captured by the CAD system.
• The County's decision to construct a new Emergency Operation Facility (EOF) will only serve to
increase the effectiveness of regional cooperation and service, which may be further enhanced
by the potential of an adjoining Fire Station operated by San Rafael.
Conclusions
Because of the performance issues inherent with our existing system, the Fire Department does not
believe the "status quo' is a viable or warranted option. After consideration of the two available
alternatives, the Fire Department believes joining the Marin County Public Safety Communications Center
is in the best interest of San Rafael.
In making this move, the San Rafael Fire Department will join ten other Marin Fire Agencies and seven
Law Enforcement Agencies that are currently being dispatched by Marin County. This transition should
improve the efficiency of emergency response services on a county -wide basis, saving lives and property,
and at a reduction in costs.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa¢e: 4
FISCAL IMPACT: The agreement, that the Resolution contemplates having the City Manager sign, is
proposed to cost the Fire Department $284,903.00. This amount is for the 2.5 FTE dispatch employees
that the Marin Sheriff will be adding to the County Comm Center staff and access to the Marin CAD
system. This amount is inclusive of the costs ($2,172.00) that the City would have incurred, regardless
of this proposed move, to make more efficient use of the new Mobile Data Computers (received by
grants) that the Fire Department has in each emergency response apparatus.
The Fire Communications Program's current budget is approximately $510,000. This is allocated as
$225,000 for salaries, $120,000 for overtime and the per diem position, $125,000 for other personnel -
related costs (Health, Dental, Retirement, etc.), and $40,000 in non personnel costs (Professional Dues,
Building Maintenance, Utilities, etc.). This total allocated amount is funded 1/3 from the General Fund
($170,000) and 2/3 from the EMS Budget ($340,000) - due to the volume of EMS activity.
The fiscal impact of adopting this resolution is an annual savings to the General Fund of approximately
$75,000 and $150,000 to the EMS Fund.
M •
1) Transition of the San Rafael Fire Department dispatch services to the San Rafael Police Department
dispatch center. The Fire and Police Chiefs have discussed this and concluded that because of
personnel limitations, dissimilar CAD technologies, and the benefits of regional fire/EMS systems, this
option is prohibitive at this time.
2) Continuing the existing SRFD dispatch center with the inherent performance issues, comparatively
reduced efficiency, and additional cost to the City.
ACTION REQUIRED: Adopt Resolution authorizing the City Manager to execute the agreement for Fire
Department Dispatch Services with the County of Marin.
Encls
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE COUNTY OF MARIN FOR FIRE
DEPARTMENT DISPATCH SERVICES
WHEREAS, in 1987, the San Rafael Fire Department increased staffing to operate its dispatch
center, from one -full time weekday employee, augmented by "cadets" operating nights and
weekend, to three full-time dispatchers working 48 hours shifts, and a 56 hour workweek
schedule (one dispatcher on duty for each firefighter shift); and
WHEREAS, since at least the year 2000 the call volume and level of expertise required of
dispatchers has greatly increased; and
WHEREAS, the San Rafael Fire Department is involved with other Marin fire/medical
emergency response agencies on a daily basis to provide and receive mutual assistance; and
WHEREAS, the San Rafael Fire Department operation of a stand-alone dispatch center is not
integrated into the Marin County CAD system, resulting in the inability of dispatchers at both
centers to know immediately the status of available resources or to directly dispatch the closest
unit regardless of jurisdictional boundaries; and
WHEREAS, consolidation of the present system will improve efficiency, reduce costs to the
City, and potentially save lives and property; and
WHEREAS, San Rafael Fire Department staff has reviewed all available alternatives and has
determined that the best alternative would be for the Department to be dispatched by the Marin
County Public Safety Communications Center; and
WHEREAS, the County of Marin has proposed an "AGREEMENT FOR PROFESSIONAL
SERVICES" to provide dispatch services for the City's Fire Department for the amount of
$284,903.00 per year in the first year, with a formula for cost adjustments in later years; and
WHEREAS, the proposed Agreement, including its Exhibits A and B and Appendix A to
Exhibit B, are attached to this resolution as Attachment I;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
approves and authorizes the City Manager to execute the "AGREEMENT FOR
PROFESSIONAL SERVICES" for Fire Department dispatch services with the County of Marin
in the form attached hereto as Attachment L
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 Tuesday, the 17th day of, 2009 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this _ day of , 2009, by and between the
COUNTY OF MARIN (Tax I.D. Number 94-6000519), a political subdivision of the State of California
(hereinafter referred to as "COUNTY") acting by and through its Sheriff's Office and the City of San Rafael
for its Fire Department (hereinafter referred to as "CITY").
WITNESSETH:
In consideration of the mutual promises set out below CITY and COUNTY agree as follows:
1. The Services to be performed; the schedule for provision of said Services; the
compensation for said Services; and the schedule for payment of said compensation shall all be set forth
in Exhibits A and B.
2. DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the representative of the
COUNTY and will administer this Agreement for the COUNTY. City Manager Ken Nordhoff is the
authorized representative for the CITY. Changes in designated representatives shall occur only by
advance written notice to the other party.
3. EXHIBITS. The following Exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A" — General Terms and Conditions
Exhibit "B" — Financial Terms and Conditions
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first
above written.
"COUNTY"
COUNTY OF MARIN
By: By:
"CITY"
CITY OF SAN RAFAEL
EXHIBIT — A
GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN
THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL
REGARDING THE DELIVERY OF FIRE COMMUNICATIONS SERVICES
The City of San Rafael ("AGENCY" hereafter) and the County of Marin ("COUNTY" hereafter) have
entered into a contract for the delivery of fire communications services by the Marin County Sheriff's
Office Communications Division ("MARIN COMM" hereafter).
This exhibit to the contract fully describes the general terms and conditions agreed to by COUNTY and
AGENCY. EXHIBIT— B describes the financial terms and conditions of the agreement.
During the term of this agreement, MARIN COMM will provide Agency with normal and customary
services related to the performance of public safety communications dispatching services, including, but
not limited to emergency and routine calls for service, telephone answering services, radio
communications, and computer data entry related to said services. These services are more expressly
described in the following sections.
TELEPHONE SERVICES
A. Emergency Telephones. MARIN COMM will receive and process all emergency
telephone calls, including those received on 9-1-1 telephone lines and on published
seven digit emergency telephone lines intended for AGENCY. All requests for response
will be received and processed by MARIN COMM for fire, medical emergency and urgent
fire incidents occurring within Paramedic Service Area B (AGENCY'S Jurisdiction).
B. Alternate Emergency Line. MARIN COMM maintains a seven -digit emergency telephone
line to be used as an alternate for 9-1-1. This line (415-472-0911) may be published by
AGENCY as an alternate emergency telephone number.
II. COMPUTER AIDED DISPATCH SYSTEM (CAD) AND COMPUTER SERVICES
A. CAD Overview. MARIN COMM operates a CAD system for maintaining unit and incident
status and other services, such as queries into law enforcement databases, interfaces to
ancillary systems, etc.
B. Unit Status Function. MARIN COMM will maintain accurate status of all available
AGENCY fire units, including chief and administrative officers, fire apparatus, and
emergency medical vehicles. AGENCY will provide MARIN COMM with unit status
changes as they occur. MARIN COMM maintains a unit history report for all fire units on-
line for thirty days. Additional unit history reports can be provided from the back up
tapes. Simple requests, such as those that can be done in a few minutes are available at
no cost to AGENCY, however, as described in EXHIBIT — B, AGENCY will be charged for
more time consuming requests falling outside the scope of this agreement.
1. Radio Procedures. AGENCY agrees to utilize radio procedures that conform to
the CAD procedures and to operate under the general guidelines of the Marin
County Fire Chiefs' Association, and the Marin Emergency Radio Authority.
2. Fire Unit Availability. AGENCY will notify MARIN COMM of the availability of
apparatus and key personnel such as the duty commander. If any units are
cross -staffed, that is the personnel at a particular station may respond in more
than one unit, AGENCY will inform MARIN COMM of any changes in the cross -
staffing status. AGENCY agrees to notify MARIN COMM whenever any reserve
apparatus are available for dispatch. This is vital to the proper assignment of
units during greater alarms or whenever extra personnel are available in their
station. The fire officer in charge will notify MARIN COMM of any unusual
planned activity that may impact dispatch services. MARIN COMM will maintain
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EXHIBIT A -- General Terms and Conditions for Communications Services
the current unit availability status in CAD and will notify the officer -in -charge of
any coverage problems in AGENCY'S Jurisdiction.
C. Incident Status. MARIN COMM will electronically record all calls for fire and/or medical
service in the CAD system. MARIN COMM will maintain the electronic record for
AGENCY for the same duration of time that they keep Marin County Sheriff records.
D. Incident Numbering. MARIN COMM will electronically record an "Agency Number" for all
incidents within AGENCY'S Jurisdiction or when AGENCY units respond to calls outside
of AGENCY'S Jurisdiction. The number is sequential, reset annually at 00:00 on January
1 each new year. MARIN COMM will maintain electronic record for AGENCY for the
same duration of time that they keep such records for the Marin County Sheriffs Office.
E. Additional CAD Services. MARIN COMM will assist AGENCY in implementing additional
CAD services if desired. All costs for these additional services will be borne by
AGENCY, or the costs will be shared on a prorated basis by all entities, including County,
benefiting from the enhancement. Options include, but are not limited to:
1. Interfacing with the records computer system operated by AGENCY, such as
Firehouse or Fire Point systems.
2. Providing access to the CAD system from workstations at AGENCY fire station(s)
to access unit status and incident information.
3. Providing CAD dispatch information to printers in AGENCY fire station(s).
4. Providing access to the CAD from mobile computer terminals in the AGENCY
vehicles, including access to a mobile mapping system.
5. Providing Automatic Vehicle Location and Automatic Response and Route
Recommendation system.
F. Geofile. MARIN COMM maintains a Graphical Information System (GIS) based geofile in
the CAD system that is integral to the response recommendation system. AGENCY will
be responsible for the initial development of their Geofile. AGENCY agrees to provide
quality checking and quality assurance for streets, addresses, common places and other
GIS data points within AGENCY'S Jurisdiction.
If AGENCY desires any significant changes to the geofile after the initiation of this
agreement, they will be charged the actual cost of the change. Any change(s) which
takes more than one hour to perform by a MARIN COMM employee off -the -console will
be charged back to the AGENCY as described in EXHIBIT — B. For example, if the fire
department makes a major change in their station boundaries, AGENCY will be charged
for the actual time and materials for the effort to implement the changes.
III. OPERATIONAL ISSUES
A. Policies and Procedures. AGENCY is responsible for establishing their policies,
practices, and procedures on dispatching services in conjunction with MARIN COMM.
MARIN COMM and AGENCY will follow said policies, practices and procedures in the
performance of dispatch service pursuant to this Agreement. Where possible, AGENCY
will align their communications dispatch policies and procedures with the other agencies
dispatched by MARIN COMM. In all cases, the policies and procedures will not conflict
with those published by the Marin County Fire Chiefs' Association, or the Marin
Emergency Radio Authority.
B. Police and Fire Dispatch Steering Committee. A committee comprised of chief
executives or their personal designees will meet biennially with Sheriff's Office
administrators and Communications Division managers to review performance issues
and consider and recommend service fee adjustments necessary in adopting or
implementing changes in operating procedures or information technology enhancements.
The Sheriff's Office Administration and Support Services Bureau Commander chairs this
committee.
Page - 2
EXHIBIT A -- General Terms and Conditions for Communications Services
C. Fire Dispatch User's Group. The Fire -Dispatch User's Group is established to provide a
common forum for all fire agencies that contract with COUNTY for the delivery of Fire
Communication services. It meets bimonthly at locations announced in advance of the
meeting. AGENCY agrees to provide representation at each meeting. Committee chair
is rotated annually in the month of January among the participating fire agencies.
D. Conflict Resolution. MARIN COMM provides a Supervising Communications Dispatcher
on each shift to provide oversight of operational activity and personnel supervision.
Supervisory or command personnel from AGENCY shall attempt to resolve operational
activity and personnel problems by contacting MARIN COMM shift supervisor as soon as
possible. Unresolved or repetitive problems shall be referred to the Assistant
Communications Dispatch Manager assigned as the Contract Services Liaison. Serious
problems occurring after-hours should be referred to a Communications Dispatch
Manager by pager or telephone. AGENCY may document a problem by addressing an
email message to CommManager@co.marin.ca.us.
E. Disaster Operations; Interaction With Emergency Operations Centers. MARIN COMM
will be the primary point for dispatching day to day emergencies. In the event AGENCY
emergency operations center is activated, there will be a need to modify how incidents
are handled, especially for a large-scale event which has truly exhausted local resources.
The details of the interaction between MARIN COMM and AGENCY emergency
operations center will be developed as a component of the policies, practices, and
procedures as referenced herein.
F. Special Events. AGENCY may request COUNTY to provide extra support for a special
event held within AGENCY'S Jurisdiction, such as a fair or other community activity.
Whenever possible, AGENCY should provide COUNTY with at least two weeks notice so
that an overtime employee may be scheduled. In no case will extra personnel be
assigned for a scheduled event with less than seventy two (72) hours notice. AGENCY'S
authorized representative must provide express written request to COUNTY, and agree
to assume all additional costs associated with assigning additional MARIN COMM
personnel to the event, prior to COUNTY incurring extra personnel expenses. In cases
where a special event affects more than one agency, the costs for the added services will
be shared by all of the involved agencies through a special formula that will be reviewed
and approved by the authorized representatives from each agency.
IV. OTHER GENERAL PROVISIONS
A. COUNTY or AGENCY shall have the right to terminate this Agreement at any time by
giving notice in writing to the other party, one hundred eighty (180) calendar days prior to
the date of such termination. On the date of termination, the COUNTY shall immediately
cease rendering the services required by this Agreement, and the following shall apply:
1. AGENCY shall pay COUNTY at the termination of the Agreement any and all
bills outstanding for the services rendered by COUNTY to the date of termination
pursuant to this Agreement. COUNTY shall furnish to AGENCY such financial
information as, in the judgment of the AGENCY, is necessary to determine the
amount due for the services rendered by COUNTY. The foregoing is cumulative
and does not affect any right or remedy which AGENCY or COUNTY may have
in law or equity.
2. COUNTY may terminate its services under this Agreement upon one hundred
and twenty (120) calendar days written notice to the AGENCY, without liability for
damages, if COUNTY is not compensated according to the provisions of the
Agreement or upon any other material breach of the Agreement by AGENCY,
provided that COUNTY has first provided AGENCY with a written notice of any
alleged breach, specifying the nature of the alleged breach and providing not less
than twenty (20) working days within which time AGENCY may cure the alleged
breach.
Page - 3
EXHIBIT A -- General Terms and Conditions for Communications Services
3. AGENCY may terminate its services under this Agreement upon one hundred
and twenty (120) calendar days advance written notice to COUNTY, upon any
material breach of the Agreement by COUNTY, provided that AGENCY has first
provided COUNTY with a written notice of any alleged breach, specifying the
nature of the alleged breach and providing not less than twenty (20) working
days within which time the COUNTY may cure the alleged breach.
B. This Agreement, together with its specific references, exhibits and attachments,
constitutes all of the agreements, understandings, representations, conditions, warranties
and covenants made by and between the parties hereto.
C. No substantial modification or waiver of any provisions of this Agreement or its
attachments shall be effective unless such waiver or modification shall be in writing,
signed by all parties, and then shall be effective only for the period and on the condition,
and for the specific instance for which given. Minor modifications to this agreement may
be made between both parties if agreed upon in writing, signed by AGENCY chief
executive and the Sheriff or their authorized representatives.
D. If any term, covenant, condition or provision of this Agreement is held by a Court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision
and/or provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
E. This Agreement may be executed simultaneously and in several counterparts, each of,
which shall be deemed an original, but which together shall constitute one and the same
instrument.
F. Prior to initiating any litigation arising out of this agreement, the parties shall meet and
confer in good a faith effort to resolve the issues in dispute. In any action at law or in
equity, including an action for declaratory relief, brought to enforce or interpret provisions
of this Agreement, each party shall bear its own costs, including attorney's fees.
G. Unless otherwise expressly waived in writing by the parties hereto, any action brought to
enforce any of the provisions hereof or for declaratory relief hereafter shall be filed and
remain in a Court of competent jurisdiction in the County of Marin, State of California. The
laws of the State of California shall govern this Agreement and all matters relating to it.
H. Each individual executing this Agreement on behalf of their public agency represents and
warrants that he or she is duly authorized to execute and deliver this Agreement on
behalf of the public agency in accordance with a duly adopted resolution or minute order
of the Governing body of said public agency in accordance with the laws of the State of
California. AGENCY shall deliver to COUNTY a certified copy of a resolution or minute
order of AGENCY governing body authorizing the execution of this agreement. COUNTY
shall within thirty (30) days of the receipt of the AGENCY governing body resolution or
minute order deliver to AGENCY a certified copy of a resolution of the Board of
Supervisors authorizing or ratifying the execution of this Agreement.
I. All notices and demands of any kind which either party may require or desire to serve on
the other in connection with this Agreement must be served in writing either by personal
service or by registered or certified mail, return receipt requested, and shall be deposited
in the United States Mail with postage thereon fully prepaid, and addressed to the party
to be served as follows:
If to COUNTY:
Board of Supervisors, County of Marin
Civic Center, Room 315
3501 Civic Center Drive
San Rafael, CA 94903
and to:
Sheriff, County of Marin
Civic Center, Room 145
EXHIBIT A -- General Terms and Conditions for Communications Services
3501 Civic Center Drive
San Rafael, CA 94903
If to AGENCY:
Ken Nordhoff, City Manager
City of San Rafael
1400 Fifth Avenue 203
San Rafael, CA 94915-1560
and to:
Christopher Gray, Fire Chief
City of San Rafael
1039 C Street
San Rafael, CA 94901
Each party shall provide the other with telephone and written notice of any change of
address as soon as practicable.
Notices given by personal delivery shall be effective immediately.
J. Indemnification
AGENCY agrees to defend, indemnify, hold harmless and release COUNTY, its Board of
Supervisors, and the officers, agents, and employees of COUNTY, from and against any
and all actions, claims, damages, disabilities, or expenses that may be asserted by any
person or entity including AGENCY, arising out of or in connection with the activities of
AGENCY, its governing body, the officers, agents, and employees of AGENCY pursuant
to this Agreement whether or not there is concurrent negligence on the part of COUNTY
but excluding liability due to the sole active negligence or sole willful misconduct of
COUNTY. This indemnification obligation is not limited in any way by any limitation on
the amount or type of damages or compensation payable to or for AGENCY or its agents
under workers' compensation acts, disability benefits act, or other employee benefit acts.
2. COUNTY agrees to defend, indemnify, hold harmless, and release AGENCY, its
governing body, and the officers, agents, and employees of AGENCY, from and against
any and all actions, claims, damages, disabilities, or expenses that may be asserted by
any person or entity including COUNTY, arising out of or in connection with the activities
of COUNTY, its Board of Supervisors, the officers, agents, and employees of COUNTY
pursuant to this Agreement whether or not there is concurrent negligence on the part of
the AGENCY but excluding liability due to the sole active negligence or sole willful
misconduct of AGENCY. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to or for COUNTY
or its agents under workers' compensation acts, disability benefits acts, or other
employee benefit acts.
Page - 5
EXHIBIT — B
FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN
THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL
REGARDING THE DELIVERY OF COMMUNICATIONS SERVICES
The City of San Rafael ("AGENCY" hereafter) and the County of Marin ("COUNTY" hereafter) have
entered into a contract for the delivery of public safety communications by the Marin County Sheriff's
Department's Communications Division (Marin County Communications, "MARIN COMM" hereafter).
This exhibit to the contract fully describes the financial terms and conditions agreed to by the COUNTY
and the AGENCY.
A. Cost Recovery Mandate. COUNTY is required by policy to recover costs for providing services to
other local government agencies. This Exhibit describes how COUNTY determines its costs for
providing police and/or fire communications services.
B. Determination of Cost of Services.
1. COUNTY provides several types of contracts to local government agencies, including
emergency telephone answering and dispatching services, as well as providing local
agencies with access to the CAD system for use by those agencies personnel.
2. COUNTY owns, operates and maintains a Computer Aided Dispatch (CAD) system for
use by agencies directly dispatched by MARIN COMM as well as for use by other
agencies that operate their own dispatch center. Using data from the CAD management
information system (MIS), COUNTY will determine the amount of activity handled by
MARIN COMM for AGENCY within AGENCY's Jurisdiction for a twenty four (24) month
period. This information is displayed in Appendix A, Section 2, in the columns labeled
"24M CAD Activity." This activity is exclusive of any response to mutual aid request
occurring outside of Paramedic Service Area B (AGENCY'S Jurisdiction).
A) AGENCY'S first year formula will be dispatch calls for calendar year 2007 times two
plus 13%.
B) AGENCY'S second year formula will be dispatch calls for calendar year 2008 times
two plus 13%.
C) AGENCY'S third year formula will be 12 months of COUNTY CAD -MIS times two.
D) Once AGENCY receives dispatch services by COUNTY for a 24 month period the
formula used to determine AGENCY'S share of cost will revert back to the formula
described above in Paragraph B, Section 2, in the columns labeled "24M CAD
Activity."
3. AGENCY will pay COUNTY for AGENCY'S percentage of the cost of the CAD Service
Maintenance Agreement as determined by the overall activity on the CAD system.
Appendix A, Section 2, Column A displays the percentage of use of the CAD system for
all entities operating from the CAD system.
4. In addition to the CAD Service Maintenance Agreement, the AGENCY will pay COUNTY
for the full salary and benefit cost of two and one half (2.5) Communications Dispatcher II
FTE employees.
a) Appendix A, Section 1 displays the personnel costs for FY2008-09.
5. CAD Enhancements.
a) COUNTY will coordinate improvements and enhancements to the CAD
periodically.
EXHIBIT B — Financial Terms and Conditions for Communications Services
b) If AGENCY or COUNTY benefit from the improvement or enhancement, they will
share in the cost of these changes with the affected agencies that benefit by the
change. For example, an enhancement that only benefits one agency will be
paid for by that agency, but if the enhancement benefits both County and
AGENCY, both will pay their share, based on the formula In Appendix A, Section
2, Column A.
C) Depending on how agencies are benefited by an enhancement or change in the
CAD, COUNTY may develop a special formula to pay for that particular change,
such as fire departments only, or grouping of police departments.
d) In no circumstance will COUNTY allow improvements or enhancements to the
CAD that will be paid for by AGENCY or by AGENCY and others without the
express written consent of AGENCY'S authorized representative.
C. Administrative Fee. COUNTY assesses an annual five percent (5%) administration fee based on
the total charge to AGENCY for dispatching service and/or CAD service. This fee is included in
the "Cost" column in Appendix A, Section 2, Columns A, B, C and D.
D. Special Events. AGENCY may request COUNTY to provide extra support for a special event
held within AGENCY'S Jurisdiction, such as a fair or other community activity. Whenever
possible, AGENCY should provide COUNTY with at least two weeks notice so that an overtime
employee may be scheduled. In no case will extra personnel be assigned for a scheduled event
with less than seventy two (72) hours notice. AGENCY'S authorized representative must provide
express written request to COUNTY, and agree to assume all additional costs associated with
assigning additional MARIN COMM personnel to the event, prior to COUNTY incurring extra
personnel expenses. In cases where a special event affects more than one agency, the costs for
the added services will be shared by all of the involved agencies through a special formula that
will be reviewed and approved by the authorized representatives from each agency.
E. Special Circumstances. AGENCY may request COUNTY to perform services outside of the
scope of this agreement, such as major changes to their response system, merging of
departments affecting the response procedures, etc. COUNTY will issue an estimation of the
cost for changes, in writing, to the designated agency representative. AGENCY must authorize
the work to be performed on their behalf, and agree to reimburse COUNTY for all costs
associated with those changes in writing, before COUNTY will commence the effort.
F. Billing. COUNTY shall submit requests for payment on a quarterly basis. The payment requests
will be submitted no later than the tenth (10th) of the quarterly month following provision of
services. Payment is due upon receipt of the invoice.
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