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HomeMy WebLinkAboutTC Res 2013-03-20RESOLUTION NO. 10-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) TO PROVIDE FIRE PROTECTION SERVICES ON ANGEL ISLAND WHEREAS, when the Town of Tiburon incorporated in 1964, fire protection services on the Tiburon peninsula were provided by two special districts, the Tiburon Fire Protection District ("TFP") and the Southern Marin Fire Protection District ("SMFP"). To avoid needless duplication, the Town did not develop its own fire protection department; and WHEREAS, the Town of Tiburon's municipal borders include Angel Island, which consists entirely of a park owned, managed and controlled by the State of California through the State's Department of Parks and Recreation ("State Parks Department"), but Angel Island is not within the boundaries of either TFP or SMFP; and WHEREAS, to provide baseline fire protections services on Angel Island, Town staff and officials from the California Department of Forestry and Fire Protection ("Cal Fire") and the State Parks Department negotiated an agreement that was approved by the Town Council on July 21, 2013 ("Wildland Agreement"). WHEREAS, due to a clerical error, the Wildland Agreement that Cal Fire presented to the Town for signature contained new provisions in Exhibit B that had not been included in the drafts exchanged by the parties. WHEREAS, the parties now wish to amend the Wildland Agreement to modify said new provisions in a manner that is mutually satisfactory, as set forth in Exhibit A, which is attached hereto and incorporated herein by reference ("Amendment"). NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves and authorizes the Town Manager to execute the Amendment. 3. The Town Clerk shall certify to the adoption of this Resolution. 4. This Resolution shall take effect immediately upon adoption. Tiburon Town Council Resolution No. 10-2013 312012013 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 20th day of March, 2013, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Collins 1 f rEMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOVI, TOWN CLERK Attachments: Exhibits A and B Tiburon Town Council Resolution No. 10-2013 312012013 2 EXH I BIT A COOPERATIVE FIRE PROGRAMS FIRE PROTECTION REIMBURSEMENT AGREEMENT AMENDMENT LG-1A REV. 03/2011 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT AMENDMENT NUMBER NUMBER 1 CA01755 1 This Agreement is entered into between the State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection - (CAL FIRE) LOCAL AGENCY'S NAME Town of Tiburon 2. The term of this Agreement is: July 1, 2012 through June 30, 2015 3. The maximum amount of this $ 55,660.18 Agreement is: Fifty five thousand, six hundred sixty dollars and eighteen cents. 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit B, Budget Detail, Invoicing, Payment and Reconciliation, 2. Budget Contingency Clause, C. The following sentence will be added to C. "In the event this agreement is terminated by STATE in accordance with this provision, LOCAL AGENCY may seek a pro rata reimbursement for services not rendered, beginning from the date of termination, for advanced payments made to STATE." All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Aareennent has been executed by the LOCAL AGENCY hereto. LOCAL AGENCY'S NAME BY (Authorized Signature) DATE SIGNED(Do not type) )K PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Clare Frank, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety DATE SIGNED(Do not type) California Department of General Services Use Only ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 3. BUDGET CONTINGENCY CLAUSE A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.