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HomeMy WebLinkAboutResolution No. 6109RESOLUTION NO. 6109 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with the County of Marin and the County Service Area 19 of the County of Marin for Fire Protection Services in and Around County Service Area 19- a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the first day of June 19 81 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEA/1BERS : None ABSENT: COUNCILMEMBERS: None ANNE M. LEONCINI, City Clerk r� CYINAL coq c� AMENDMENT TO AGREEMENT FOR FIRE PROTECTION SERVICES IN AND AROUND COUNTY SERVICE AREA 19 THIS AMENDMENT TO AGREEMENT, made and entered into this 1 / day of 1981, by and between the CITY OF SAN RAFAEL (herein re- ferred to as "CITY") and the COUNTY OF MARIN (herein referred to as "COUNTY") and COUNTY SERVICE AREA 19 of the COUNTY OF MARIN (herein referred to as "SERVICE AREA") witness: WHEREAS, the CITY, COUNTY, and SERVICE AREA entered into an agree- ment on the 17th day of February 1976, the purpose of which was to provide for fire protection services in the territory of COUNTY SERVICE AREA 19 and adjoining areas; and WHEREAS, it was the expectation of the parties that the agreement Would be renewed for a subsequent period on the same terms and conditions. NOW, THEREFORE, the parties do hereby agree to renew this agree- ment for five years, terminating on June 30, 1986, with the following amendments: 1. Section A-4 is amended to read, "The CITY agrees to assume full fire protection responsibilities; said fire protection responsibilities to be effective throughout SERVICE AREA as well as China Camp area of the San Pedro peninsula, and the Richmond -San Rafael bridge over to the County line. These areas are defined on maps attached hereto and incorporated into this agreement." 2. Section C-2 is amended to read as follows: "compensate the CITY for fire protection services defined in paragraphs A-3 and A-4 above as follows: a. For 1981-82 pay $339,000. b. For 1982-83 pay an amount equal to the preceding year, increased by the percentage of salary increase granted to city fire fighters for 1982-83. C. For 1983-84 pay an amount equal to the precedlAg year, increased by the percentage of salary increase granted to city fire fighters for 1983-84. r d.. For 1984-85 pay an amount equal to the preceding year, increased by the percentage of salary increase granted to city fire fighters for 1984-85. e. For 1985-86 pay an amount equal to the preceding year, increased by the percentage of salary increase granted to city fire fighters for• 1985-36." The term "salary increase" as used in this section shall include any increase in the City contribution to City fire fighters retire- ment, defined in terms of percentage of salary. These amounts will be paid to the City in two annual incre- ments on December 24 and April 24. 3. Add new Section C-5 to read as follows: "Fairly consider extraordinary capital expenses; Service Area expresses its intent to pay City for the Service Area's proportionate share of such extraordinary capital expenses (i. e., replacing a fire truck destroyed by fire), above and beyond normal replacement and maintenance and which are necessary to fulfill the objectives of this agreement." 4. Section D is amended to read as follows: "This agreement shall be for five years, terminating on June 30, 1986. It is understood that it is the present expectation of the parties that this agreement shall be renewed for a subsequent five-year period on the same terms and condi- tions. In the event that a requirement mandated by statutory decision of the State or Federal government or a court of competent jurisdiction adds more than 10% per year to the costs incurred by any party to this contract or reduces the total revenue to the Service Area in any one year by more than 10 compared to the preceding year, then the party affected by such decision may, in writing, seek a renegotiation of this agreement, with the understanding that renegotiation as used here includes the possibility of termination." 5. Section E is amended to read as .follows:- "written notice by any party of the intent not to renew this agreement for another five years must be submitted to the other parties not later than May 30, 1985. Any termination of thls agreement will occur on June 30 of the year of termina- tion. In the event of non -renewal, County or Service Area is hereby afforded the option to acquire full title to fire station improvements and -2- the remaining leasehold title vested with City for a payment not to exceed $75,000; in the event that this option is not exercised by County or Ser- vice Area, the City shall have the rights to continue to use the building as a fire station during the remainder of the leasehold period. 6. This amendment shall be null and void if the voters of Service Area do not authorize additional financing to meet the obligations of this contract, not later than November, 1981. IN WITNESS WHEREOF, the parties hereto have entered into this amendment to the agreement on the day and year first written above. CITY,OF SAN RAFAEL ATTEST: Lawrence E•,-� Mulryan, Mayor c'anne M. •Leoncini, City Clerk COUNTY VRVICEA A 19 OF COUNTY OF MARIN By _X ATTEST: Chairman of the Board of Supervisors V �Z';'✓ Clerk ATTEST: of . C er COUNTY YIIAR I N B W-&',d,b. Chairman b f the Board of Supervisors all