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
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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