Loading...
HomeMy WebLinkAboutFD Shared Fire Services; Marinwood 2014CITY OF �. Agenda Item No: 5.a Meeting Date: April 7, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Fire f Christopher Gray, Fire Chief Prepared by: City Manager Approval: SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR, CITY MANAGER AND FIRE CHIEF TO EXECUTE A. JOINT EXERCISE OF POWERS AGREEMENT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING BETWEEN THE CITY OF SAN RAFAEL AND THE MARINWOOD COMMUNITY SERVICES DISTRICT RECOMMENDATION: Adopt Resolution approving the proposed agreement as presented. BACKGROUND: The City of San Rafael (City) and the Marinwood Community Services District (Marinwood) have maintained a fire protection services agreement since 1973. The most recent amendments to the agreement were completed in June 2011. The City's goal is to enhance shared services where possible, while continuing to provide high quality and efficient fire and rescue services. Over the past two years, City and Marinwood officials, Fire Chiefs and staff met to explore additional means to enhance sharing services between the two agencies. City staff is pleased to bring to the City Council for its consideration a proposed agreement that expands coverage and improves services to both communities. This proposed agreement would supersede the existing agreement as currently amended. Under the proposed agreement, the City will continue to provide Marinwood with emergency response resources. In exchange, Marinwood will provide their Engine to serve the Operational Area as the closest available appropriate resource as shown on the Map attached to the proposed agreement — Exhibit "A" Operational Area Map. This proposed agreement �v ill improve the response of the Marinwood Engine. which up until now has had limited eon erage to only tiro responses on the east side of Higim iV 101. Under the proposed agreement, the Marinwood Lngine will respond to San Rafael as needed. If the Marinwood Engine is in�okcd with a call in their District and another call occurs in their jurisdiction, a City Unit will be dispatched. Likewise if City FOR CITY CLERK ONLY File No.: 4 —t© " 1-eD Council Meeting: Lf 4 --- Disposition: �� Loi to -J SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Units are unavailable, the Marinwood Engine will be dispatched. The City also will provide a Battalion Chief to Marinwood and CSA 13 for Incident Command and support. The City also will continue to be responsible for all dispatch -related costs through our contract with the Marin County Sheriff, provide coordination of training and use of the training facility and will support computer equipment that has been provided for the district to manage incident reports completed by the District. Under the proposed agreement, there also will be certain operational changes as part of a continued effort to enhance the City's Paramedic services. In particular, the City will assist Marinwood with their assignment of a Firefighter on the Marinwood Engine who has been trained and licensed as a Paramedic to complement our San Rafael Paramedic service. The enhanced service and benefit of a Paramedic on the Marinwood Engine is consistent with the practice in San Rafael and will provide additional benefits to residents of Marinwood, San Rafael and the CSA's. The City of San Rafael remains as dedicated as ever to regionalizing fire services. Recent progress has been made in further sharing services, with several Fire Chiefs and Labor Representatives in Marin now actively working toward this goal. DISCUSSION: The proposed agreement will include provisions for Operational Staff to voluntarily work shifts in the partner agency's fire stations when there is a need to fill vacancies due to unexpected illness, injury or when employees are on vacation. This portion of the agreement would be entirely voluntary and contains the same provisions as the agreement approved last year with Larkspur. No staff member from one agency would be required to work a shift in the neighboring agency. Personnel would receive overtime pay as they would for working an extra shift in their home agency. Each agency would reimburse personnel for working shifts in the neighboring agency. Both agencies have minimum staffing agreements with their Firefighter employees. In the City of San Rafael, we maintain daily staffing of 23 on -duty personnel. Marinwood maintains on -duty staffing of three personnel. Any member scheduled to work who cannot fill his or her assigned shift due to scheduled vacation or because of illness or injury must be replaced by an off duty member. Occasionally, this can place a burden on the agency if multiple employees are sick, injured or on vacation. The use of shared service agreements will enable us to utilize employees from Marinwood to potentially fill temporary vacancies. If no San Rafael employee can work the vacant shift, prior to mandatorily ordering an off-duty member to work, the shift can be offered to off-duty Marinwood staff members. A systematic rotation schedule will be developed in order to streamline the call back process. Off duty personnel receive time - and -one-half pay for working an unscheduled shift. We envision that use of outside personnel to fill vacancies will occur on a limited basis. Presently it is rare to have a situation where there are too many vacancies and not enough off duty personnel who want to work the overtime shifts. However, this provision of the agreement will be instrumental in reducing the mandatory staffing condition that has cm tcd for several ,\ears. It will also further enhance operations by enabling crew members from, the tvto agcncics to X�ork more closer to ctlier in a continued effort to regionalize services. The City of San Rafael hers ohtaimA letter opinions fri;nr hoth CalPERS and the Marin County Employee Retirement Association (MCF R.\) ckmfirming that no retirement benefit conflict will occur as a result of this iLreement. These letter opinions from CalPERS and VICERA are attached. Additionally, management and labor are jointly dcticleping an operational plan that describes the staffing, trainin_ and implementation provisions of the shared services plan. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Lastly, an employee acknowledgement notice has been developed. This document describes the employer/employee relationships, compensation, discipline, and control of work hour limitations, to ensure that all employees are aware and acknowledge the key elements of the program. The operational enhancements include sending the closest available appropriate unit to emergencies and provide assistance to support Paramedic staffing on the Marinwood Engine. Both measures are in the best interest of both communities and have taken time, creativity and patience to develop. ANALYSIS: Both the City and Marinwood have expressed the desire to enter into this enhanced operational and structural agreement for the provision of fire protection and emergency services that will provide more efficient and effective services. Marinwood approved the new agreement on February 11, 2014. Major components of the proposed new agreement include: • City and Marinwood will respond to emergency calls within the Operational area sending the closest available appropriate unit regardless of jurisdictional boundaries. • City will continue to commit additional resources to the Marinwood as needed. • Marinwood will respond to calls in the City as needed. • City will support the Marinwood effort to staff the Marinwood's Engine with a Firefighter/Paramedic similar to the City. • City and Marinwood will initiate a system to voluntarily exchange personnel to fill temporary vacancies between both agencies. • City will provide the Marinwood Engine with Paramedic support equipment similar to City Engines. • City will loan Marinwood if desired a fire engine from the City if it is available. • City will continue to provide access to fuel if available for Marinwood Engines, and under the new agreement no reimbursement of the City will be required. • City will place a reserve ambulance at Marinwood's Fire Station upon written request to City to have it there, for use at the discretion of the on -duty Battalion Chief or on -duty Fire Captain. • City will continue to provide Dispatch Services to Marinwood via the City's contract with the Marin County Sheriff s Office. • Marinwood will continue to participate in City training and have access to the training facility. FISCAL IMPACT: The enhanced operational agreement will have some impact on supply, fuel and personnel costs. The projected impact on future expenditure budgets is less than 1%. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 There is sufficient funding in the Paramedic Tax fund, and sufficient appropriations in the current fiscal year budget as well as in the proposed fiscal year 2014-2015 budget with which to provide for these additional costs. OPTIONS: 1. Adopt the Resolution with the proposed agreement as presented. 2. Direct staff to undertake further negotiations for modifications to the proposed agreement to be brought back to the Council 3. Do not approve the resolution and proposed agreement leave the 2011 agreement in place. ACTION REQUIRED: Adopt Resolution approving the proposed agreement as presented. ATTACHMENTS: 1. Resolution 2. Proposed Agreement with Exhibit "A" Operational Area Map. 3. PERS and MCERA Letter Opinions RESOLUTION NO. 13702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR, CITY MANAGER AND FIRE CHIEF TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING BETWEEN THE CITY OF SAN RAFAEL AND THE MARINWOOD COMMUNITY SERVICES DISTRICT WHEREAS, the City of San Rafael ("City")and the Marinwood Community Services District ("Marinwood") have shared fire services under a number of agreements since 1973, the last being an agreement dated June 20, 2011, as currently amended; and WHEREAS, the San Rafael Fire Department works closely with the Marinwood Fire Department to manage emergencies that occur in both communities. WHEREAS, Over the past two years, City and Marinwood officials, Fire Chiefs and staff have met to explore additional means to enhance sharing services between the two agencies, and have negotiated a proposed agreement which would expand coverage and improves services to both communities and would supersede the existing agreement as currently amended; and WHEREAS, both the City's and Marinwood's Fire Departments work under minimum staffing agreements that, respectively, require the San Rafael Fire Department to maintain daily staffing of 23 on -duty personnel and the Marinwood Fire Department to maintain on -duty staffing of three personnel. To meet the minimum staffing requirements, any member scheduled to work who cannot fill his or her assigned shift due to scheduled vacation or because of illness or injury must be replaced by an off-duty member; this can occasionally place a burden on the agency if multiple employees are sick, injured or on vacation; and WHEREAS, the San Rafael Fire Department and the Marinwood Fire Department desire to enter into a new agreement whereby the two agencies can share fire and emergency services personnel to assist in filling temporary vacancies when necessary to meet minimum staffing requirements; and WHEREAS, such a new cooperative agreement would enhance each fire department's operations by enabling crew members from the two agencies to work more closely together in a continued effort to regionalize services. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves and authorizes the Mayor, City Manager and Fire Chief to execute the proposed agreement for the joint exercise of powers between the City of San Rafael and the Marinwood Community Services District for the sharing of fire and emergency services personnel, in the form on file with the City Clerk and attached to the Staff Report supporting this Resolution. BE IT FURTHER RESOLVED, that upon the execution of the aforementioned agreement by the City of San Rafael and the Marinwood Community Services District, the 1 existing agreement between the parties, dated June 20, 2011, as currently amended, shall be superseded. 1, 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 the City of San Rafael, held on Monday, the 7th day of April 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: McCullough 2 Esther C. Beirne, City Clerk JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING This Joint Exercise of Powers Agreement ("Agreement") is entered into this S?r4 day of &k I L- , 2014, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARINWOOD COMMUNITY SERVICES DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY and DISTRICT, the agency parties to this Agreement, have entered into a series of cooperative agreements for fire and emergency services since 1973 and mutually agree to continue with an automatic aid agreement for the benefit of both communities; and WHEREAS, CITY and DISTRICT desire to continue their cooperative efforts in delivering fire and emergency services with this automatic aid agreement for the benefit of both communities; and WHEREAS, CITY and DISTRICT have determined that the continued sharing of personnel services between CITY and DISTRICT exemplified in previous agreements between the two agencies will be advantageous to each of them; and WHEREAS, CITY and DISTRICT agree that a more comprehensive agreement for the sharing of fire service personnel between CITY and DISTRICT over a unified operational area depicted in Exhibit A attached hereto and incorporated herein ("the Unified Operational Area"), would provide enhanced benefits to each of them by increasing the availability of required minimum staffing for emergency response throughout the Unified Operational Area; and WHEREAS, it is the CITY's and DISTRICT's intention in entering into this Agreement not to alter or in any way affect the employment relationship each has with its respective fire department employees, and is on a voluntary basis; and WHEREAS, the parties understand and agree that under Government Code Sections 6513 and 55634, when one party's employees are performing their functions and duties extraterritorially in the other party's jurisdiction under this Agreement, these employees shall continue to have and enjoy the same privileges and immunities, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which these employees have and enjoy when engaged in such duties and functions within the territorial limits of their own jurisdiction; and WHEREAS, both CITY and DISTRICT desire to enter into a new operational agreement for the provision of fire protection, emergency services, and personnel sharing, which shall supersede the existing agreement between the CITY and DISTRICT dated June 20, 2011; 1 and WHEREAS, in carrying out their obligations under this Agreement, the parties understand and agree that they are acting under the authority of the Joint Exercise of Powers Act, Government Code Sections 6500 et seq.; AGREEMENT NOW, THEREFORE, the agency parties hereby agree as follows: TERM OF AGREEMENT This Agreement shall commence on , 2014 (the "Effective Date") and shall remain operative and effective until participation is terminated by one of the parties. It is further agreed that either of the parties may terminate the Agreement at any time by giving written notice to the other parry at least ninety (90) days prior to the date of the termination. 2. TYPE OF ASSISTANCE - CITY TO DISTRICT In aid of DISTRICT, CITY agrees: A. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a first alarm structural fire response within DISTRICT's service area as illustrated in Exhibit "A", one (1) CITY Engine Company, one (1) CITY Aerial Ladder Truck Company, and one (1) CITY Chief Officer. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional CITY Engine Company for a total of three (3) Fire Companies. B. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a vegetationlwildland fire response within DISTRICT's service area as illustrated in Exhibit "A", two (2) CITY Engine Companies, and one (1) CITY Chief Officer. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional CITY Engine Company for a total of three (3) Fire Companies. C. To automatically dispatch, within CITY's capabilities of available personnel and equipment, on a rescue response within DISTRICT's service area as illustrated in Exhibit "A", one (1) CITY Aerial Ladder Truck Company and one (1) CITY Chief Officer. If the DISTRICT Engine Company is unavailable for response, CITY agrees to send one (1) additional CITY Engine Company for a total of two (2) Fire Companies. D. To automatically dispatch, within CITY's capabilities of available personnel and equipment, within DISTRICT's service area as illustrated in Exhibit "A", one (1) CITY Engine Company on a single engine response when the DISTRICT Engine Company is not available. E. To arrange for the County of Marin Sheriff Department's Communication Center ("COMM CENTER") to provide DISTRICT with twenty-four (24) hour 9-1-1 response and dispatching service and oversight for receipt and re -transmission of emergency alarms. 2 F. To provide, within CITY's capabilities of available personnel and equipment, a Chief Officer response to any first alarm or other incident in the DISTRICT that would normally include a Battalion Chief in a dedicated vehicle in the CITY, as part of the DISTRICT response, as dispatched by the COMM CENTER. During response and upon arrival at the incident, the CITY's Chief Officer shall direct and oversee the emergency event in an incident command role and function. The CITY understands that the Chief Officer can be relieved or cancelled by the DISTRICT's Fire Chief who appears at the incident scene and communicates to the CITY's Chief Officer his intention to assume command. The CITY Chief Officer will remain on scene until the incident is mitigated or command is assumed by the DISTRICT's Fire Chief. In the event of simultaneous calls in the CITY and DISTRICT, the responding CITY Chief Officer shall have discretion as to the priority handling of such calls, considering alternate available resources. G. To provide computer related support for fire reporting and communication purposes. H. Subject to the terms of this Agreement, to be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by CITY employees while performing services under this Agreement. I. To place a reserve ambulance at DISTRICT's Fire Station upon DISTRICT's written request to CITY to have it there, for use at the discretion of the on -duty Battalion Chief or on -duty Fire Captain, to maintain adequate service levels, provided the ambulance can be a cross -staffed ALS unit with a minimum of one (1) Captain, Engineer or Firefighter EMT -P and one (1) Captain, Engineer or Firefighter EMT. CITY shall perform regular maintenance on such ambulance by CITY's mechanics at the times and places determined by CITY. J. As specified herein, to assist DISTRICT in establishing Engine 58 (DISTRICT's Engine) as an ALS Engine Company to complement CITY's paramedic services in Paramedic Service Area B. Within 120 days from the Effective Date, CITY shall provide DISTRICT with ALS Equipment, Medical Direction, ongoing training, and other ALS needs that are required to provide services that meet Marin County EMS standards, and to match what CITY provides to its own ALS Engines; provided that: i. DISTRICT paramedic personnel shall serve strictly within the parameters of the medical and operational procedures and requirements of and for CITY's firefighter -paramedics; ii. In recognition that regular rotation of paramedic personnel onto ambulance units is desirable for the maintenance of essential paramedic skills, DISTRICT and CITY shall cooperate to establish a mutually agreeable staffing and operational plan to require and enable DISTRICT's paramedic personnel to participate with CITY's paramedic personnel in regular rotations onto ambulance units; iii. DISTRICT shall retain discretion on when to operate Engine 58 as an ALS Engine Company; and iv. If and when DISTRICT commences to provide paramedic services in Paramedic Service Area B, then CITY shall, on an annual basis, reimburse DISTRICT for any paramedic pay differential costs actually incurred by DISTRICT for not more than three (3) members serving in the rank of firefighter/paramedic. Additional expenditures by DISTRICT in connection with the provision of 3 paramedic services may be eligible for reimbursement by CITY provided that prior approval for such expenditures has been given by CITY in writing. K. To provide fuel for DISTRICT Fire Apparatus from any of CITY's Fire Department Fuel Stations, at no cost to DISTRICT, to the extent such fuel is available and in excess of CITY's needs, at times and places determined by CITY. L. To provide to DISTRICT a Type 1 Fire Apparatus, capable of front line service, for DISTRICT use as needed when requested by DISTRICT, to the extent that CITY has such an apparatus in good working order that is not presently needed by CITY, and to perform regular maintenance on such apparatus by CITY's mechanics at the times and places determined by CITY. M. To establish and define a structure for the sharing of personnel between the fire departments of DISTRICT and CITY, to jointly provide necessary fire and emergency services to both agencies within the Unified Operational Area, thus improving the delivery of such services to both Agencies while achieving greater efficiency and economic benefit. 3. TYPE OF ASSISTANCE - DISTRICT TO CITY In aid of CITY, DISTRICT agrees: A. To dispatch, within DISTRICT's capabilities of available personnel and equipment, one (1) Engine Company on a single engine response within the San Rafael Fire Department service area, as illustrated in Exhibit "A". B. Subject to the terms of this Agreement, to be solely responsible for control of its personnel, standards of performance, discipline, and all other aspects of performance by DISTRICT employees while performing services under this Agreement. C. To establish and define a structure for the sharing of personnel between the fire departments of DISTRICT and CITY, to jointly provide necessary fire and emergency services to both Agencies within the Unified Operational Area, thus improving the delivery of such services to both Agencies while achieving greater efficiency and economic benefit. 4. MUTUAL BENEFIT - INTERAGENCY PERSONNEL DEPLOYMENT AND OPERATIONAL STRUCTURE A. CITY and DISTRICT intend that this Agreement will provide mutual benefits to both parties, and agree to continue to participate in the Marin County Local Fire Service and Rescue Mutual Aid Plan and other areas of cooperation. B. Sharing of Personnel. Subject to the limitations and requirements of the collective bargaining agreement(s) between each agency and its respective union(s), as of the Effective Date, the Fire Chief of each agency is hereby authorized to assign any of the agency's fire department personnel, subject to such personnel's voluntary agreement to this assignment, to temporary duty with the other agency upon the request of the Fire Chief of the other agency. Personnel from the agency providing services (hereinafter the "Sole Employer") assigned for 21 duty to the other agency (hereinafter the "Receiving Agency") shall become familiar with and observe all operational policies and procedures of the Receiving Agency. C. Staffing Plan. A staffing plan shall be developed and implemented jointly by the DISTRICT Fire Chief and the CITY Fire Chief. The objective of sharing personnel and the goal of the staffing plan will be to cover overtime shifts or vacancies in each agency for captain, firefighter or engineer positions, on an as -needed basis. In no event shall personnel deployment cause either agency to fall below defined minimum staffing levels; each agency shall continue to be responsible for maintaining its own minimum staffing levels. D. Budgets/Reimbursement of Overtime Costs. Each agency will maintain its existing separate budget; provided, however that the DISTRICT Fire Chief and the CITY Fire Chief shall work together to facilitate the efficient and equitable allocation of revenues and costs under this Agreement. The agencies agree that when an agency acting as the Sole Employer incurs overtime costs due to the assignment of its personnel to the Receiving Agency pursuant to this Agreement, the Sole Employer shall be reimbursed by the Receiving Agency for the total amount of overtime pay liability incurred by the Sole Employer. It is understood and agreed that the calculation of overtime pay due to the assignment of personnel to the Receiving Agency shall be based upon the base pay compensation rates set for such personnel by the Sole Employer, and that the assignment of personnel under this Agreement shall not result in any change in the base pay compensation rates for such personnel. Quarterly, any Sole Employer incurring such overtime pay costs shall send an invoice to the Receiving Agency for reimbursement of such overtime costs, which shall be paid by the Receiving Agency within thirty (30) days of receipt. 5. THE UNIONS As of the Effective Date, the San Rafael Firefighters Association, the San Rafael Chief Officers Association and Marinwood Professional Firefighters Association represent the Firefighters employed by both Agencies. The existing respective bargaining agreements, as may be amended from time to time, shall apply to the shared personnel contemplated by this Agreement, according to the specific collective bargaining agreement(s) in effect between the Agency and said personnel. 6. ADMINISTRATION OF AGREEMENT The City Manager of CITY and the District Manager of DISTRICT, or their respective designees, are each authorized to take such actions as are necessary to implement and administer the terms of this Agreement on behalf of their respective agencies, provided, however, that either Manager may determine in his or her sole discretion that it is necessary to receive the approval of his or her agency's Elected Body. 7. EMPLOYER/EMPLOYEE RELATIONSHIP It is the intent of the parties that each agency acting as a Sole Employer shall remain the sole employer of any and all of its emploN ees temporarily assigned to the Receiving Agency under the terms of this Agreement. Employees of the Sole Employer shall continue to receive the rights, privileges and benefits conferred by the Sole Employer at all times that the employee 5 is temporarily assigned to the Receiving Agency. A. Compensation. No employee of a Sole Employer may receive any compensation (including salary, retirement, leave and other benefits) from the Receiving Agency. Compensation shall only be conferred upon the employee by the Sole Employer regardless of the number of hours the employee may be assigned to the Receiving Agency. B. Discipline. The Receiving Agency may not reprimand, suspend, or take any disciplinary action whatsoever against an employee of the Sole Employer temporarily assigned to the Receiving Agency. Only the Sole Employer may discipline an employee temporarily assigned to a Receiving Agency, regardless of the number of hours the employee may be assigned to the Receiving Agency. C. Control of Work and Temporary Hour Limitations. The parties expressly understand and agree that the Sole Employer controls and shall continue to control the means and manner by which all work is to be performed by the personnel of the Sole Employer at all times while the personnel are temporarily assigned to a Receiving Agency under the terms of this Agreement. Additionally, the parties expressly understand and agree that the employees of the Sole Employer shall not be temporarily assigned to the Receiving Agency in excess of any of the following: 1) an average of twenty (20) hours per week per year; 2) one thousand (1,000) hours within a fiscal year; or 3) full-time for any six-month period. D. Retirement System and Benefits. CITY and DISTRICT further represent and warrant that each of them are contracting agencies of the Public Employees' Retirement System ("PERS''), established by Part 3 of Division 5 of Title 2 of the Government Code (Gov. Code §§ 20000 et M.) or the Marin County Employees' Retirement Association ("MCERA"), established pursuant to the County Employees Retirement Law of 1937 (Gov. Code §§ 31450 et SeMc .), and will remain contracting agencies with such retirement systems throughout the term of this Agreement. The agencies further warrant that each agency's employees that will be assigned to the other agency pursuant to this Agreement are members of the Sole Employer's retirement system at all times that such members are assigned to the Receiving Agency. No employee of a Sole Employer may accrue any retirement credits or be entitled to any retirement benefits from the Receiving Agency, regardless of how many hours, days, months or years that employee may be assigned to the Receiving Agency under this Agreement. E. Notice to Employees. The parties further represent and warrant that each Sole Employer shall provide a copy of this section or summary of the provisions of this section to each of its employees that may be assigned to the Receiving Agency under this Agreement within 30 days of the Effective Date or the employee's date of hire, whicheN er comes later. Each Sole Employer shall retain a copy of the notice provided to each employee under this section in a form that bears the signature of the employee with the date of the employee's signature attesting to the receipt of such notice and the understanding of the employee as to his/her rights while being assigned to the Receiving Agency under this. No Sole Employer shall assign any employee to the Receiving Agency until the Sole Employer has received a signed copy of this notice from its employee. 8. INSURANCE A. Workers' Compensation Insurance. CITY and DISTRICT shall each provide workers' compensation insurance for its respective employees, even when such employees are assigned to a Receiving Agency. All workers' compensation claims shall be filed exclusively with the employee's employer and each agency party retains its own losses for any workers' compensation loss, without any right of subrogation or other recourse against the other agency party. CITY and DISTRICT each warrants that it carries workers' compensation insurance or is self-insured in compliance with the requirements of the California Workers' Compensation Act. B. Liability Insurance. CITY and DISTRICT each shall maintain at its sole cost and expense, either through private insurance or membership in a risk -sharing joint powers authority, liability insurance coverage with minimum limits of five million dollars ($5,000,000) per occurrence for death, bodily injury, personal injury, or property damage. C. Auto Physical Damage Insurance. For any CITY ambulance or Type 1 Fire Apparatus provided by CITY to DISTRICT under this Agreement, DISTRICT shall maintain for CITY's benefit replacement cost auto physical damage insurance coverage on such vehicle through a private insurer or through its membership in a risk -sharing joint powers authority. In the event of any damage to such vehicle while provided to DISTRICT, DISTRICT shall be responsible for the payment of the amount of any deductibles under such coverage that may be necessary to replace such vehicle. D. Other Requirements. All required insurance coverages shall be substantiated with a certificate of insurance or certificate of coverage and must be signed by a representative of the insurer or risk -sharing joint powers authority evidencing such insurance to its named insured. Each agency parry's general liability policy shall be endorsed naming the other agency parry as an additional insured. Each agency party's workers' compensation policy shall be endorsed to waive any right of subrogation against the other agency party. The certificates of insurance and required endorsements shall be furnished to each agency party prior to the Effective Date. Said policies shall remain in force through the term of this Agreement and shall be payable on a per occurrence basis only. Nothing herein shall be construed as a limit of either agency parry's liability, and each agency parry shall indemnify, defend, and hold harmless the other agency party in accordance with the provisions of Section 11 of this Agreement. Failure to provide and maintain the insurance required by this Agreement will constitute a material breach of the Agreement. In addition to any other remedies, an agency party may suspend payment to the other agency party for any services provided during the time that insurance was not in effect and until such time as the defaulting agency party provides adequate evidence that it has obtained the required coverage. 9. TRAINING DISTRICT's Fire Chief and firefighters shall be able to participate in all CITY Fire Department exercises, drills and proficiency indexes, at no cost to DISTRICT, subject to any qualification requirements and any limitations on space available for such training. Subject to the CITY Fire Department's first priority for its use, DISTRICT may utilize the CITY's training facility at Fire Station No. 2. CITY will provide emergency response, within the CITY's 7 capabilities of available personnel and equipment, from the closest appropriate CITY emergency response unit to DISTRICT while DISTRICT's personnel are absent from their station for purposes of said training. 10. 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 implementation 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 implementation 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 11. INDEMNIFICATION To the fullest extent allowed by law, CITY shall defend, indemnify and hold harmless DISTRICT, its officers, agents and employees, while acting within the course and scope of their employment under this Agreement, from any liability or damage, including but not limited to attorneys' fees, arising from any acts or omissions of CITY, its officers, agents and employees, provided that such hold harmless and indemnification shall not extend to liabilities or damages caused by the sole negligence or willful misconduct of DISTRICT. To the fullest extent allowed by law, DISTRICT shall defend, indemnify and hold harmless CITY, its officers, agents and employees, while acting within the course and scope of their employment under this Agreement, from any liability or damage, including but not limited to attorneys' fees, arising from any acts or omissions of DISTRICT, its officers, agents and employees, except such liability or damage caused by the sole negligence or willful misconduct of CITY. DISTRICT shall further defend, indemnify and hold harmless CITY, its officers, agents and employees, from any and all loss, liabilities, or property damage incurred, no matter how caused, in connection with the use and/or operation, for any purpose whatsoever, of any CITY - owned vehicles provided for DISTRICT use pursuant to this Agreement, provided that such hold harmless and indemnification shall not extend to liabilities or damages caused by the sole negligence or willful misconduct of CITY. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination of this Agreement for the full period of time allowed by law. 12. ENTIRE AGREEMENT -- AMENDMENTS Subject to the provisions of Section 1, this Agreement supersedes 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Nancy Macklel City Manager t Christopher Fray, ire Chief ATTEST: Esther C. Beime, City Clerk APPROVED AS TO FORM: MARINWOOD COMMUNITY SERVICES DISTRICT 401 Bill flans 11,.E rd President Thbmas D. Horne, DisfridManager Thomas Roach, Fire Chief ATTEST: om - lllvom J Carolyn t divan, Secretary to the Board of Directors APPROVED AS TO FORM: Robert F. Epstein, City Attorney District Counsel EXHIBIT A California Public Employees' Retirement System Customer Account Services Division P.O. Box 942709 Sacramento, CA 94229-2709 TTY for Speech and Hearing Impaired: (916) 795-3240 CaIPERS (888) CaIPERS (225-7377) FAX (916) 795-3005 March 26, 2014 Eric Davis, Deputy City Attorney 11 City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Mr. Davis; CII [ A TTORPgEy This letter is regarding your inquiry concerning a shared services agreement between the City of San Rafael and the Marinwood Community Services District (Marinwood CSD). CalPERS has reviewed the submittesd documentation, and we have determined that San Rafael employees working under this agreement shall continue to be deemed employees of San Rafael for all service performed under the agreement. Likewise, Marinwood CSD employees working under this agreement shall continue to be deemed employees of Marinwood CSD for such service. The shared service agreement between San Rafael and Marinwood CSD is structured as a Joint Exercise of Powers Agreement. Government Code section 6513 and Government Code section 55634 provide benefit protection for employees working extraterritorially though a Joint Powers Agreement, and specifically provides for sharing of public safety services. CalPERS has therefore determined that CalPERS members who are employees of the Marinwood Community Services District shall continue to be reported to CalPERS for such service. Employees of the City of San Rafael shall remain in their respective retirement system, and should not be reported to CalPERS. This determination shall be applicable to the agreement as currently reviewed. Should the agreement later be amended or revised, please advise CalPERS of any revisions, as we may require further review. CalPERS remains committed to assisting our members in all matters related to their retirement within the statutory authority available to us. Should you have any further questions regarding this matter please do not hesitate to contact me at (916) 795-2363. Sincerely, Ronald Gow, RPS Il Membership, Analysis & Design Unit Customer Account Services Division cc- Marinwood Community Services District January 31, 2014 Eric Y Daviot ElepW) (1, Mwrne� City of San RaM 11400 nth Arlen is San Rat`ael, (',\ 9491 i- I ti00 Deat-Mr. Davis - W Ali W Q . J."wil 4 r, -i, i -,: ' F This Ict-ter is in rc-sponso to wurkmuowy 23, 2014 raptem that the 1136n ( ot"ity knpkj�kzs' Redrernerill Assn ckj"n (MM"RA) rc% ieNv at proy sed Shrund Sen Was Agivorfun homoi K U; of San Ralel ;uhl th, Nlarinx%thM Commit) Sm Was DiNI&L SpM lVal 4, ) ou onked whethor "lilt. rpeclv ofillc prklposed avrck-illevi "ould impact the henelits ot'dw lircdepartoikol erripjo�wcs kir the (in 4` mi UK! vv -ho art: oil -rem ly inen4mrs N NIC FAM Mased kin tho lollo"ing f-inAMus in We p"yowd -q-lveilleflt it is Illy \ ickv that the (,itl oi,.S+tn Rathel einplu;Lxv provitling the SIMCLI nervicc, "in "Pitaw4l he niumbon of VU IM 10 as kmy as Owl rortuin it MCHIA nwnbcAlip QHK Is `;i (e.g. per ',R'l AM Q( mok hi the Chs's nillocalcol laidgmd Ytimls duothig not ks-,, Gian st;\vott-li\ e 1-leceetl I (75'tio o I Thal full-linic ally;lted • Section 7 cif tic piwINincd aprocinein pn,\ ides M Te indhiduAs pr"% My the 011,0d ser% icc tN ill renwin ol'dw ( it% • Section 7A that Otc Iroln dic. ti!'!;tCwit Cr\ ic,` \N in eolltiott': to he pros idad I)l the (ii, Man PlAcl rind no dirccl ctlnlpcnsation mMI be piroMd by Marilmood (onillitillit" ,k:r\Wk: • Sccifoii 7( 411w prolN,Awl alf-cment provides that the City of San Rafael will retain all conrvl ()\ k"l. d ic work to ht,• 1)1-,)\ idcd. IRA: tu"Imanul that the A \ hH> also Mcd dw ( Ali Ando Puldic Fniphivecs' IfeiJivinm `,stem (CilITT \n licii1cr (it d Safi italic! ejuldtoys "ho po" 4k, ski\ Koh on(Wr die Ngrecincrit wriAl hc consklored (M904 incmhuis in illi rcypcct fit thit swA int'. M, P&MI yin file City crilpio-y k.,k-,s C011finuhw 10 ho rfwn&vOF N11 1 T), ikill 1110 ( ill rcc-cin, ill", confirmation from CallILICS that diose ciaployecs would not becorne members of CaIPERS. Fric T. Davis Jars nary 31, 2414 Page 2 This detcxrnkwion iw haqui tm the dmR agwcr1wn( d.rted \uc"'Itm I�- -"OI' _ r�ith Uiti edits t)t 13, and 1,314, included in I our Jar)um) 23.:_'t)14 letter. Any mmeri ll changes it.) the agreement rn- in C'A!'(_1; S' cx)mImAms "HI need tc) he reg hG MCERA to c_k;termine wllcther there 1lre iirp_rcts tc) the retirement hcncl'its id*o rr rncullhc°rs. Alst). this leact addressc-. mils krith thy"lrrestiun A the (it, emplt)yees' membership in NICRUN, and does not address clueIi,)ns rel wd to c;?rltl)cnwwon cm-nal4t; Or <:nlpkgces hired imo MC F'R'\ nlemht.-rshih positionrh p6ortoJanuar, 1. ?U1:; or Imi sic)n rblc coml)cri<.ation liar thtr,e first hireci on or allt.,r Jitnu.'my I, 2013. TQ ou have in, huScr qucstit"is or require :Kldrtkm wrl inumnaiton plcai, 1ocl free it) cont;tct we W01% at (415) '=17__-_ 73 IcL4 iel.rllrtii _. Radrcrllerlt ;ltirllir)i��ir�ric�r 0m MichAW I larMlt. As5i cant 11clit ocntAdminrztr_lwr Ashley Dunninrj A1CI RA (icncr<rl MaII<:tr and Phillip" CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRSA / SRCC AGENDA ITEM NO. 5.a DATE OF MEETING: APRIL 7, 2014 FROM: CHIEF CHRISTOPHER GRAY DEPARTMENT: FIRE DEPARTMENT DATE: APRIL 2, 2014 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR, CITY MANAGER AND FIRE CHIEF TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT FOR FIRE PROTECTION, EMERGENCY SERVICES, AND PERSONNEL SHARING BETWEEN THE CITY OF SAN RAFAEL AND THE MARINWOOD COMMUNITY SERVICES DISTRICT k Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: �I/,i J�:i i `� dill City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: City Attorney (signature)