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HomeMy WebLinkAboutCC Resolution 11552 (MarinMap JPA Amendment)RESOLUTION NO. 11552 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE FIRST AMENDMENT TO MARINMAP JOINT EXERCISE OF POWERS AGREEMENT TO IMPLEMENT FUNDING FORMULA WHEREAS, there is a concern that the current flat rate formula is unfair to smaller agencies; and WHEREAS, the MTA Board of Directors asked the MarinMap Steering Committee to consider changes to the membership formula; and WHEREAS, the Steering Committee felt it was important to find a formula that all members could support so that all cities/towns remained MarinMap members; and WHEREAS, the MarinMap Steering Committee recommended a three -tiered formula, which was adopted by the MTA Board at its February 2004 meeting; and WHEREAS, the Joint Exercise of Powers Agreement for MarinMap specifies a compensation amount of $10,000 per year, per member in Section 3.04. The MTA General Counsel has determined that implementation of the new tiered formula would require amending the JEPA; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that the "First Amendment to the Joint Exercise of Powers Agreement", attached hereto as Exhibit "A", is hereby approved and that the Mayor is hereby authorized to execute the First Amendment Agreement. 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 Council of said City on the 17th day of May, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None X&ANNE M. LEONCINI, City Clerk File No.: 10.02.03 FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT This First Amendment to Joint Exercise of Powers Agreement ("First Amendment") is entered into as of May 17, 2004, and is made by and among the Marin Telecommunications Agency, the County of Marin, the Cities of Belvedere, Mill Valley, Novato, San Rafael and Sausalito, the Towns of Corte Madera, Fairfax, Larkspur, Ross, San Anselmo, and Tiburon, the Marin Municipal Water District, the Marin Local Agency Formation Commission, Novato Sanitary District and such other Local Agencies within the County of Marin as may hereafter become signatories hereto (the "Member Agencies"). RECITALS A. The Member Agencies entered into that certain Joint Exercise of Powers Agreement (the "Agreement") as of September 4, 2001. All capitalized terms used herein without definition shall have the same meanings assigned to them in the Agreement. B. The Member Agencies parties desire to enter into this First Amendment in order to revise the amount of annual compensation to be paid by each Member Agency imder the Agreement. NOW, THEREFORE, the parties hereto agree as follows: AGREEMENT 1. Section 3.04, Compensation, is hereby deleted in its entirety and replaced by the following revised Section 3.04: "Compensation. In consideration for the services to be performed by the MTA, the MTA Board of Directors shall establish an annual fee or fee schedule, not to exceed $10,000 per Member Agency. Such fees, as determined by the MTA Board, will be paid by each Member Agency on or before July 1 of each year while this Agreement is in effect." 2. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same instrument. 3. Except as expressly modified by this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. EXHIBIT A 5-17-04 FIRST AMENDMENT TO MARINMAP JEPAI.DOC 1 � �► IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed and attested by their proper officers thereunto duly authorized as of the date shown below. Date: Flay 17 12004 MARIN TELECOMMUNICATIONS AGENCY By: - - Chairperson COUNTY OF MARIN By: President of the Board of Supervisors CITY OF BELVEDERE By: Mayor CITY OF MILL VALLEY By: Mayor CITY OF NOVATO Mayor ATTEST: CITY OF S RAFAEL ' ane 'Pl. Leonci ni , Mayo 1 bert `� . Boro City Clerk CITY OF SAUSALITO By: Mayor TOWN OF CORTE MADERA By:_ _. Mayor 5-17-04 FIRST AMENDMENT TO MARINMAP JEPAI.DOC 2 TOWN OF FAIRFAX By: Mayor TOWN OF LARKSPUR By: Mayor TOWN OF ROSS By: Mayor TOWN OF SAN ANSELMO By: Mayor TOWN OF TIBURON By: Mayor MARIN MUNICIPAL WATER DISTRICT By: President of the Board of Directors MARIN LOCAL AGENCY FORMATION COMMISSION By: Chairperson NOVATO SANITARY DISTRICT By: President of the Board of Directors 5-17-04 FIRST AMENDMENT TO MARINMAP JEPALDOC 3