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HomeMy WebLinkAboutCC Resolution 7350 (Fire Protection Services)RESOLUTION NO. 7350 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 COUNTY OF MARIN AND COUNTY SERVICE AREA #19 FOR FIRE PROTECTION SERVICES IN AND AROUND COUNTY SERVICE AREA #19 (FOUR YEARS, TEP11INATING JUNE 30, 1990), 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 --R27„lar City -held on Monday meeting of the City Council of said the 19th day of May ' 19 86 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEIAE M. LEONCINI, 'City Clerk A 1 7350 -AGREEMENT • • FIRE PROTECTION SE- u IN AND AROUND COUNTY SERVICE AREA #19 THIS AGREEMENT, made and entered into this day of _&6ej ti , 1986, by and between the CITY OF SAN RAFAEL, hereinafter referred to as "City", the COUNTY OF MARIN, hereinafter referred to as "County", and COUN'T'Y SERVICE AREA #19 OF THE COUNTY OF MPR N, hereinafter referred ..o as "Service Area", provides for fire protection services in the territory of County Ser- vice Area #19 and adjoining areas. WHEREAS, the parties to this agreement first entered into a previous agreement, dated February 17, 1976, which, among other things, provided for: 1. The City to construct a fire station to City specifications at a site on the Marin County Civic Center property, with City bearing responsibility and costs for architectural services, site preparation, access, landscaping, outfitting, and equipping of said station, with County being afforded oppor- tunity to review design and construction plans for said station. 2. The County to provide City with a thirty-year lease of the land for the station referred to above in paragraph #1, at an annual cost to the City of $1.00. 3. The Service Area to contribute to the construction of the fire sta- tion defined above in an amount equal to $75,000. 4. The Service Area to provide a share of the operating costs of said station, as well as a share of the costs of other fire protection services provided within the County Service Area. I%TE:RFAS, the fire station referred to above was constructed and has been continually operated as a City fire station since the date of its opening. WHEREAS, the above agreement was amended, effective June 16, 1981, to revise the method of funding from Service Area to City in recognition of the changes in property taxes effected by Proposition 13 of 1978, and WHEREAS, the parties now wish to continue the arrangements reflected in the earlier agreement and add pertinent new language; the parties do herP.by agree as follows: A. That agreement made and entered into February 17, 1976, as amended on June 16, 1981, is hereby terminated. B. City agrees to: 1. Utilize the fire station referred to above to house such equipment and qualified fire fighters as will allow City to provide an adequate and timely first response fire protection to all areas defined in paragraph B.3. below. C", cl�)p C. 2. Provide the following as first response to any structural fire within Service Area: One squad company, two engine companies, one truck company (four trucks and a minimum. of seven to nine fire fighters), all to be dispatched simultaneously. 3. Assume full 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, to the County line. These areas are defined on maps attached hereto and incor- porated into this agreement. 4. Provide full and adequate review and recommendations for proper fire protection features in all structures proposed for develop- ment within Service Area, to make such recommendations via the County Chief Building Inspector to insure that these features are included within the approved plan. 5. Assume all fire protection responsibilities and supervision of fire protection services beyond those enumerated herein throughout Service Area. County agrees to: 1. Recognize the City's fire protection authority over all areas of Service Area and surrounding areas, as defined in paragraph B.3. above. 2. Send to the City Fire Chief for review fire protection features, all proposed development plans for construction of structures within Service Area and adjoining areas, as defined in paragraph B.3. Service Area agrees to: 1. Compensate City for fire protection services defined in this agreement as follows: a. For 1986-87, pay an amount equal to the preceding year, plus $5,000 for the added cost of depreciation (vehicle rental) for the vehicle upgrade referred to in paragraph D.3. below, increased by the percentage of salary increase granted to City fire fighters for 1986-87. b. For 1987-88, pay an amount equal to the preceding year, increased by the percentage of salary increase granted to City fire fighters for 1987-88. c. For 1988-89, pay an amount equal to the preceding year, increased by the percentage of salary increase granted to City fire fighters for 1988-89. d. For 1989-90, pay an amount equal to the preceding year, increased by the percentage of salary increase granted to City fire fighters for 1989-90. The term ' ary increase" as used in tt. section shall also include any increase in City contribution to City fire fighters' retirement, defined in terms of a percentage of salary. These amounts will be paid to City in two increments, on December 24 and April 24. 2. Fairly consider extraordinary capital costs; Service Area expresses its intent to pay City for Service Area's proportionate share of such extraordinary capital expenses (i.e., replacing a fire truck destroyed by fire), above and beyond the normal replacement and maintenance which are necessary to fulfill the objectives of this agreement. 3. Pay to City the amount of $55,000, over the term of this agree- ment, to cover the Service Area's proportionate share of upgrading a squad truck, now located at the fire station referred to this agreement, to an engine truck; the payments to be made on the following schedule, with the dates of payments as indicated in paragraph D.1. above: a. 1986-87 -- $12,000 b. 1987-88 -- $13,000 c. 1988-89 -- $14,500 d. 1989-90 -- $15,500 E. This agreement shall be for four years, terminating on June 30, 1990. It is understood thatit is the present expectation of the parties that the agreement will be renewed for subsequent periods on the same terms and condi- tions, excepting paragraph D (3) above. 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 ten percent per year to the costs incurred by any party to this agreement, then that party may, in writing, seek a re -negotiation of this agreement, with the understanding that re -negotia- tion, as used here, includes the possibility of termination. F. Written notice by any party of the intent not to renew this agreement for another four years must be submitted to the other parties not later than May 30, 1989. Any termination of this agreement will occur on June 30 of the year of termination. In the event of non -renewal, County or Service Area is hereby afforded the option to acquire full title of fire station improvements and the remaining leasehold title vested with City, for a payment not to exceed $75,000; in t -i -,e event that this option is not exercised by County or Service Area, City x;,;11 have the rights to continue to use the building as a fire station during the remainder of the leasehold period. G. Upon corpletion of this agreement and appropriate extensions to the full extent of a Uiir ty-year lease period, County or Service Area is hereby afforded the option to acquire full title to the fire station improvements for an amount not to c.xccca $75,000; in the event that this option is not executed by County or Service Area, full title in the fire station, as well as the lease property, shall vest with City. IN WITNESS 1A, UEOi , the parties hereto have entez, - into this agreement the day and year lint above written. DATED: CITY OF SALT RAFAEL May 19, 1986 Mayor ATTEST: COUI-,TI'Y SEMICE AREA 19 OF THE COUNTY OF SARIN X.7 By Chairman of the BZV of Supervisors ATTEST: PRO TFM Clerk COTJIM OF MARIN DY Chairman of the Boa ,rd,;'of Supervisors ATTEST: .,,o TEM Clerk