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FD Fire Protection Services Agr.FIRE PROTECTION SERVICES AGREEMENT This Agreement is made and entered into as of the day of June, 2016, by and among the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "County"), COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "CSA"), and the CITY OF SAN RAFAEL, a charter city (hereinafter "City"). RECITALS A. The City, County and CSA have had joint powers agreements since February 17, 1976 with respect to the City's provision of fire protection services and the sharing of costs for such services within the jurisdictional boundaries of the CSA and other nearby areas located in the jurisdiction of the County. B. The City, County and CSA desire to continue with such a joint powers agreement, contingent upon the City and County entering into a Lease Agreement with respect to the County's property that contains the Fire Station #57 Improvements owned by the City. City intends to construct a new Fire Station #57 on the existing site, a two company prototype of approximately 10,000 square feet with three drive-through bays, including an approximately 1,000 square foot ambulance bay, as described more fully in the Lease Agreement. NOW THEREFORE, the parties agree as follows: 1. Fire Protection Services. City shall house such equipment and personnel at Fire Station #57, and shall utilize such equipment and personnel from its other fire stations in the City, to provide fire protection services in the Service Area described in Paragraph 3 that are comparable to the fire protection services being provided by the City's Fire Department within the incorporated boundaries of the City. It is understood that any City obligation to provide paramedic response services to the Service Area arises independently of this Agreement and that no funding for such paramedic services is provided under this Agreement. 2. Fire Prevention Services. The County shall provide fire plan review services for all building and construction permit and planning applications involving new buildings and substantial remodels for compliance with County Standards. The County shall notify and consult with the City as appropriate on operational and access issues related to construction permits as well as planning applications. The County shall be responsible for commercial life safety inspections, vegetation management inspections/compliance, as well as State Fire Marshal Occupancy inspections within the agreed service area. The County shall notify the City of those inspections that reveal violations that may affect operations and emergency response by the City. The County will assume responsibility for fire investigation services within the Service Area. The City shall conduct an initial investigation by virtue of its first response. However, if any initial investigation by City determines that the cause of the fire is unknown or arson, or the fire results in an injury, the County will conduct a fire investigation. Both parties (City and County) agree to work collaboratively and share information. 3. Service Area. The City's fire protection services as specified herein shall be provided for the following areas located within the boundaries of the CSA and other nearby lands within the jurisdiction of the County, as identified by the denoted City Fire Department Fire Management Area ("FMA") numbers, shown on the Service Area Map attached hereto as Exhibit "A", as such FMA numbers and Map may be amended from time to time: Santa Venetia China Camp Los Ranchitos Country Club Bayside Acres California Park Point San Pedro Sun Valley San Quentin Village Richmond Bridge 4. Compensation. 5770, 5772, 5773, 5775, 5779 1500 5700 5229 5553 5404 5550 1530, 5110, 5117 1502 1520 For the first year of this Agreement, CSA shall pay the City $1,850,000, adjusted annually thereafter by the greater of (A) 3.0% OR (B) the percentage annual growth in base property tax revenues attributed to CSA 19, as measured by relating the actual collections for the most recent two prior fiscal year-end periods, up to a maximum of 7.0% per year. By April 1" of each year, the City shall provide the County and the CSA with a statement of the estimated payment due in the subsequent fiscal year, informed by County calculation of actual property tax growth for the most recent two prior fiscal year-end periods. By July 1" of each year, the City shall provide the County and the CSA with a statement of the actual payment due in the subsequent fiscal year. CSA shall make its annual payment to City in two equal installments, due on December 24 and April 24 of each year. 5. State Responsibility Lands. Notwithstanding other provisions in this Agreement, the City's obligation under this Agreement for fire protection services to the State Responsibility Lands portion of the Service 2 Area, for which the County has an agreement with the State of California, shall be limited to an initial response, following which County shall assume full responsibility for wildland fire protection services with its own personnel and equipment. 6. Term. Contingent upon the parties having entered into the Lease Agreement, attached hereto and incorporated herein by reference, bearing the same date as this Agreement, the term of this Agreement shall commence on July 1, 2016 and shall continue through June 30, 2026. This Agreement shall automatically renew for subsequent ten (10) year periods on the same terms and conditions through 2056, consistent with the Lease Agreement, unless either party terminates this Agreement upon 36 months' advance written notice relative to each ten (10) year anniversary date of this Agreement, which will be June 30`" of 2026, 2036, and 2046. In the event that any party terminates this Agreement with 36 months' advance written notice of any ten (10) year anniversary date, the termination provisions set forth in Paragraph 5 of the Lease Agreement shall be exercised. 7. Interests in Fire Station #57 Imnrovements Not Transferable In no event may City sell, transfer or otherwise assign its interest in the Fire Station #57 Improvements to another party without the prior written consent and agreement of the County and CSA. 8. Amendments. This Agreement may only be amended by written consent of all parties. 9. Notices. All notices or communications hereunder shall be in writing and shall be sent by first class mail, addressed to the other party at the addresses indicated below, or such other addresses as the parties may from time to time designate in writing. Notice shall be deemed given upon placement of the notice into the mail. To County: County Administrator County of Marin, Room 325 3501 Civic Center Drive San Rafael, CA 94903 To CSA: County Administrator County of Marin, Room 325 3501 Civic Center Drive San Rafael, CA 94903 To City: City Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF SAN AEL GAI(Y HIL PV, Mayor ATTEST: e-li-gfkag 2w—t,e-'e ESTHER BIERNE, City Clerk APPROVED AS TO FORM: �. 2 �-'irF ROBERT EPSTEIN, ity Attorney 4 COUNTY OF MARIN President of the Board of Superv')ors ATTEST: Clerk APPROVED AS TO FORM: STEVEN WOODSIDE, County Counsel �ja C t -L l . ��-•� ( , �S S Exhibit A - Service Area Map Exhibit A San Rafael/Madn County Fire Protection Agreement Service Area Map Fire Management Areas San Rafael Q CSA 19 ® State Recreational Area QCounty unincorporated City Limits San Rafael Boundary for Map Other Jurisdictions l