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HomeMy WebLinkAboutCC Resolution 11976 (Fire Protection Services Agr.)RESOLUTION NO. 11976 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE FIRE PROTECTION SERVICES AGREEMENT FOR CSA #19 AND ADJOINING AREAS, WITH THE COUNTY OF MARIN AND COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN (Term of Agreement shall commence on July 1, 2006 and continue through June 30, 2016) WHEREAS, the Joint Powers Agreement, dated May 19, 1986, as amended, between the County of Marin, County Service Area 19, and the City of San Rafael, for Fire Protection Services for CSA#19 and adjoining areas, expires on June 30, 2006, and WHEREAS, the parties desire to continue with such a joint powers agreement, concurrently with the City of San Rafael and the County of Marin entering into a Lease Agreement with respect to the County property containing the Fire Station #7 improvements owned by the City; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the Mayor to execute the Fire Protection Services Agreement for CSA #19 and adjoining areas, with the County of Marin and County Service Area 19 of the County of Marin, in the form attached hereto as Exhibit "I". I, Jeanne M. Leoncini, 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 San Rafael City Council held on the 19th day of June, 2006, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Cohen, Heller, Miller and Mayor Boro None Phillips A. JEAN14E-M. LEONCINI, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE FIRE PROTECTION SERVICES AGREEMENT FOR CSA #19 AND ADJOINING AREAS, WITH THE COUNTY OF MARIN AND COUNTY SERVICE AREA 19 OF THE COUNTY OF MARIN. WHEREAS, the Joint Powers Agreement, dated May 19, 1986, as amended, between the County of Marin, County Service Area 19, and the City of San Rafael, for Fire Protection Services for CSA#19 and adjoining areas, expires on June 30, 2006, and WHEREAS, the parties desire to continue with such a joint powers agreement, concurrently with the City of San Rafael and the County of Marin entering into a Lease Agreement with respect to the County property containing the Fire Station #7 improvements owned by the City; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the Mayor to execute the Fire Protection Services Agreement for CSA #19 and adjoining areas, with the County of Marin and County Service Area 19 of the County of Marin, in the form attached hereto as Exhibit "I". I, Jeanne M. Leoncini, 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 San Rafael City Council held on the 19th day of June, 2006, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: JEANNE M. LEONCINI, City Clerk EXHIBIT "I" FIRE PROTECTION SERVICES AGREEMENT This Agreement is made and entered into as of the '264 day of June, 2006, by and between 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 #7 improvements owned by the City. NOW THEREFORE, the parties agree as follows: Fire Protection Services. City shall house such equipment and personnel at Fire Station #7, 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 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. Plan Check Services. County shall provide to the City copies of all plans submitted to the County in connection with applications for land use permits for property within the Service Area described in Paragraph 3, and the City shall review such plans for compliance with the California Fire Code and the fire safety portions of the California Building Code, and shall provide the County as expeditiously as possible with its recommendations for fire protection measures. In addition, County shall provide to City on a weekly basis, via email to the City -specified email address(es), a list of all building permit applications submitted to the County for construction projects on property within the Service Area. For those construction projects identified by the City, the County shall provide for City's review at the County offices (Community Development Agency, Building & Safety Department—"CDA") the construction plans submitted with such building permit applications. City shall provide the County as expeditiously as possible with its recommendations for fire protection measures in connection with such projects. Service Area. The City's fire protection services and plan check 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 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 Richmond Bridge 4. Compensation. 5770, 5772, 5773, 5775, 5779 1500 5700 5229 5553 5404 5550 1502 For the first year of this Agreement, CSA shall pay the City $1,310,000, adjusted by the percentage change to firefighter salaries that the City has agreed to pay during the period July 1, 2006 through June 30, 2007 (hereinafter the "base compensation amount"), plus an amount equal to the lease payments to be made by City to County for the period July 1, 2006 through June 30, 2007 under the Lease Agreement between the City and County for the property containing the Fire Station #7 improvements. For each subsequent year of this Agreement, CSA shall pay City the preceding year's base compensation amount, adjusted by the percentage change to firefighter salaries that the City has agreed to pay during such subsequent year, plus an amount equal to the lease payments to be made by City to County during such subsequent year under the Lease Agreement between the City and County for the property containing Fire Station #7 improvements. 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 year, and 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 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 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 fire protection services with its own personnel and equipment. 2 6. Extraordinary Capital Costs. In the event that that the City incurs extraordinary capital costs (beyond normal replacement and maintenance costs) in connection with fulfilling its obligations under this Agreement, including situations where any of the City's fire protection equipment is destroyed or becomes inoperable in providing fire protection services under this Agreement, the CSA will reimburse City for the CSA's proportionate share of the cost of replacement of such equipment within six (6) months of the City's request for reimbursement. 7. Term. Contingent upon the parties having entered into the Lease Agreement, bearing the same date as this Agreement, the term of this Agreement shall commence on July 1, 2006 and shall continue through June 30, 2016, provided that (1) either party may terminate this Agreement upon giving the other party thirty-six (36) months advance written notice of such termination, and (2) the parties may agree, following good faith negotiations to be held prior to June 30, 2015, to a ten (10) year extension of this Agreement. 8. Amendments. This Agreement may be amended by written consent of both 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 3501 Civic Center Drive San Rafael, CA 94903 To CSA: County Administrator County of Marin 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 3 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 RAFAEL ALEfERT J. BO, Mayor ATTEST: J ANNE M. LEONUINI, City Clerk APPROVED AS TO FORM: IC 6 -TV - GARY T. RAGGHIANTI, City Attorney 4 COUNTY OF MARIN h.Oda4v President of the Board of Supervisors ATTEST: Clerk of the Board COUNTY SERVICE AREA 19 OF THE COE1 TY OF M 6�� ( President of the Board of Supervisors ATTEy Clerk of the Board TFA A OFf �. ULKER, County Counsel