HomeMy WebLinkAboutCC Resolution 13702 (Fire Protection Emergency Services)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
existing agreement between the parties, dated June 20, 2011, as currently amended, shall be
superseded.
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 the City of San Rafael, held on Monday, the 7 I day of April 2014, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers: Bushey, Colin, Connolly & Mayor Phillips
Councilmembers: None
Councilmembers: McCullough
�. � . /tea 2•-c.e -
Esther C. Beirne, City Clerk
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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 Sri day of
4Pje► ►— , 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;
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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:
1. 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 party 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 vegetation/wildland 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.
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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:
L 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
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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
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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. EMPLOYERi 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 employees 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 l lour 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 Svstem 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 seq.) or the Marin County Employees' Retirement Association ("MCERA"),
established pursuant to the County Employees Retirement Law of 1937 (Gov. Code §§ 31450 et
seq.), 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 Emplovees. 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, whichever 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.
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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 Damap-e 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 party's general liability policy shall be endorsed naming the other agency party 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 party's
liability, and each agency party 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
Il
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 ADMINISTRATIONINOTICES
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
F
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
G
Nancy Macklel City Manager
Christopher 'ray, Fire Chief w. _
ATTEST:
Esther C. Beime, City Clerk
APPROVED AS TO FORM:
Robert F. Epstein, City Attorney
MARINWOOD COMMUNITY
SERVICES DISTRICT
OBill Han Dd P s'-id--en-t
rest
W
Th ma _. s D Horne, Di rD M
��. anager
Thomas Roach, Fire Chief
ATTEST:
jl(owa I u
Carolyn llivan, Secretary to the Board of
Directors
APPROVED AS TO FORM:
GregorT
ryepanicich, District Couns 1
EXHIBIT A
i
San Rafael
Larkspur
Marinwood
Fire Departments
STA 58, MARINWOOD
o
STA 56, SAN RA AI
STA, 53 SAN, RAFAEL
STA 57, SAN RAFAEL
101
STA SAN RAFAEL
STA 51, S N RAFAEL
J&
STA S2, SAN RAFAEL
STA 54, SANRAFAEL
STA 1A I ARK -1
STA 15, LARKSPUR
1101
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
CalPERS (888) CaIPERS (225-7377) FAX (916) 795-3005
March 26, 2014
Eric Davis, Deputy City Attorney II
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Dear Mr. Davis;
RECEIVED
APR 01 2014
CITY ATTORNEY
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 II
Membership, Analysis & Design Unit
Customer Account Services Division
cc: Marinwood Community Services District
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January 31, 2014
Eric 3'. Davis
Deputy City Attorney
City of San Rafael
1400 5`h Avenue
San Rafael, CA 94915-1560
Dear Mr. Davis,
This letter is in response to your January 23, 2014 request that the Marin County Employees'
Retirement Association (MCERA) review a proposed Shared Services Agreement between the
City of San Rafael and the Marimvood Community Services District. Specifically, you asked
whether any aspects of the proposed agreement would impact the benefits of the lire department
employees for the City of San Rafael who are currently members of MCERA.
Based on the following provisions in the proposed agreement it is my view that the City of San
Rafael employees providing the shared services will continue to be members of MCERA for as
long as they remain in MCERA membership eligible positions (e.g., per MCERA Bylaws, in the
City's "allocated budgeted positions devoting not less than seventy -rive percent (75%) of that
Full-time allocated budgeted position"):
• Section 7 of the proposed agreement provides that the individuals providing the shared
service will remain employees of the City of San Rafael.
• Section 7A defines that the compensation from the shared service will continue to be
provided by the City of San Rafael and no direct compensation will be provided by
Marinwood Community Service District.
• Section 7C of the proposed agreement provides that the City of San Rafael will retain all
control over the work to be provided.
We understand that the City has also asked the California Public Employees' Retirement System
(CaIPERS) whether City of San Rafael employees who provide scrN ices under the Agreement
would be considered CaIPERS members with respect to that service. My position on the City
employees continuing to be members of MCERA is contingent on the City receiving
confirmation from CaIPERS that these employees would not become members of CaIPERS.
Eric T. Davis
January 31, 2014
Page 2
This determination is based on the draft agreement dated August 15, 2013, with City edits of
9/23/13, 12/2/13 and 1/3/14, included in your January 23, 2014 letter. Any material changes to
the agreement or in CaIPERS' conclusions will need to be reviewed by MCERA to determine
whether there are impacts to the retirement benefits of our members.
Also, this letter addresses only with the question of the City employees' membership in MCERA
and does not address questions related to compensation earnable for employees hired into
MCERA membership positions prior to .lanuary 1, 2013 or pensionable compensation for those
first hired on or after January 1, 2013.
If you have any further questions or require additional information please feel free to contact me
directly at (415) 473-3733.
Sincerely.
Jeff is ma
V
Retirement Administrator
Cc: Michelle Flardesty, Assistant Retirement Administrator
Ashley Dunning. MCERA General Counsel, Manatt Phelps and Phillips