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HomeMy WebLinkAboutReso 079-97 JPA DRFARESOLUTION NO. 79 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING JOINT EXERCISE OF POWERS AGREEMENT DOUGHERTY REGIONAL FIRE AUTHORITY WHEREAS, by Resolution No. 15-88, the City Council approved the "Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority", which was subsequently executed by the Mayor; and WHEREAS, the "Joim Exercise of Powers Agreement/Dougherty Regional Fire Authority: can be mended, as provided in Section 9.4 of said Agreement upon approval of the-City Councils of the Cities of Dublin and San Ramon; and WHEREAS, the City Councils of the Cities of Dublin and San Ramon approved the "First Amendment to Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority", effective December 15, 1988; and WHEREAS, the City Manager has presented to the Council and has recommended approval of the "Second Amendment to Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority", a copy of which is attached hereto as Exhibit A; and WHEREAS, the Council is familiar with the coments of Exhibit A. NOW, THEREFORE, the Dublin City Council does hereby approve the "Second Amendmem to Dougherty Regional Fire Authority Joint Exercise of Powers Agreement", and authorizes the Mayor to execute said Amendment. PASSED, APPROVED AND ADOPTED this 17th day of June, 1997. AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None Mayor If 7G/6-17-97/resodrfa. doc SECOND AMENDMENT TO DOUGHERTY REGIONAL FIRE AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT This is the Second Amendment to the Joint Exercise of Powers Agreement (which, together with the First Amendment thereto is referred to as "JEPA") entered into between the Cities of san Ramon and Dublin to create the Dougherty Regional Fire Authority (hereinafter referred to as "Authority") The City of San Ramon has elected to exercise its right under Paragraph 8.1 of the JEPA to terminate the JEPA and the Authority effective June 30, 1997. Paragraph 8.1 of the JEPA provides that: "Upon termina- tion, any obligation of the Authority which, continues following termination sh~ll be borne by the Member Agencies based on the percentage determined pursuant to Paragraph 8.3" However, in the course of planning for termination of the. Authority, the Board of Directors has determined that the obligation of the Authority to provide medical benefits to its retired employees can be best met by continuing the 'Authority in existence for limited purposes beyond June 30, 1997. This will allow the Authority to maintain the contractual relationship with the Public Employees Retirement System through which these medical benefits are currently provided. The purpose of this amendment is to allow for continua- tion of the Authority beyond June 30, 1997, for the limited purposes of winding up the affairs of the Authority as set forth herein. IT IS AGREED as follows: EXHIBIT 3 1. Term. This Second Amendment shall become effective when approved by both the City of Dublin and the City of San Ramon and shall remain in effect until terminated pursuant to Article VIII of the JEPA. 2. Continuation of Authority. Neither the JEPA nor the Authority shall terminate on June 30, 1997,as a result of the notice of termination given by the city of San Ramon on June 27, 1996, but shall~.continue in effect for the limited purposes set forth in this Second Amendment. 3. Administration of Authority. 3.1 Governinq Board. Commencing July 1, 1997, the Authority shall be administered by a Board of Directors consisting of the City Managers of the Cities of San Ramon and Dublin. The 'Board shall meet as needed but at least once each year and shall receive no compensation from the Authority with the exception of reimbursement for reasonable and necessary expenses incurred in performance of their duties. Any action by the.Board requires the concurrence of both members. A quorum consists of both members. All.meetings of the Board shall be conducted in aCcordance with the Ralph M. Brown Act. 3.2 officers. The Management Committee is abolished effective July 1, 1997. The offices of Secretary and Controller/Treasurer shall be filled as designated by the Bylaws. 3.3 Employees. Effective July .1, 1997, the Authority shall have no employees. 4. Powers of the Authority. The Board of Directors 2 shall have the following ~specific powers and no others, beginning July 1, 1997: 4.1 To wind up the affairs of the Authority; 4.2 To perform any contractual obligations of the Authority existing on June 30, 1997; 4.3 To make and administer contracts which provide medical benefits to retired employees of the Authority; 4.4 To process and act upon worker compensation claims filed with the Authority or to contract for the processing of such claims; 4.5 To sue and be sued in its own name; and 4.6 To retain legal counsel or other consultants to assist in carrying out the powers authorized under this paragraph. 5. Disposition of Personal Property Owned by Authority. Personal property assets, however and whenever acquired, held by the Authority on June 30, 1997, shall be distributed as follows: All vehicles, tools, equipment and supplies considered by the San Ramon Valley Fire Protection District as necessary to serve its newly acquired service area shall be distributed t° the City of San ~Ramon for transfer to the San Ramon Valley Fire Protection District. Likewise, all vehicles, tools, equipment and supplies considered by the Alameda County Fire Protection District as necessary to serve its newly acquired service area shall be distributed to the City of Dublin for use by the ~Alameda County Fire Protection District. All vehicles, tools, equipment and supplies unclaimed by the San Ramon Valley Fire Protection District or the City of Dublin on behalf of the Alameda County Fire Protection District without resolution of the conflicting claims by June 30, 1997 shall be offered for sale to the below-listed agencies in the following order: a. Alameda County Fire Protection District/San Ramon Valley Fire Protection District. b. Cities of San Ramon and Dublin.- c. Any other governmental agency. All remaining items not distributed or purchased as provided above shall be sold at public auction with sales proceeds distributed in accordance with the JEPA provisions relating to distribution of cash. This paragraph shall not affect distribution of Authority real property and improvements, all of which continue to be governed by applicable provisions of the JEPA and by Paragraph 6 below. 6. Disposition of Real Property Owned by Authority. Section 8.3 of the JEPA provides that on termination of the Authority, title to any real property conveyed to the Authority by either city be transferred back to that city. Additional real property has been acquired subsequent to creation of the Authority. It is intended that such real property be treated the same as the original real property referenced in Section 8.3 of the JEPA with the result that title to all real property and improvements thereon shall be transferred by the Authority on or before June 30, 1997, 4 to the city in which such real property is located. 7. Allocation of Operatinq Costs for FY 1996-97. withstanding Section 6.3(b) of the JEPA, the cost of performance pay bonuses given during FY 1996-97 associated with the Board's action on April 21, Not- any and any costs 1997 approving amendment of its contract with the Public Employees Retirement System to provide additional service credit options pursuant to Government Code §§20903 and 20903.5 for the Battalion Chief/Fire Marshal (Fire Prevention Division) and the Battalion Chief (Operations Division) positions shall be paid by the City of San Ramon. 8. ~attalion Chief Incremental Cost. The City of San Ramon shall reimburse the City of Dublin for the "incremental cost" incurred and paid by the City of Dublin in its contract with the County of Alameda for provision of fire service (the "Dublin Fire Contract") for payment of compensation to Battalion Chief T.J. Welch as follows: During the first five years of the Dublin Fire Contract, San Ramon shall reimburse Dublin in the amount of 50% of the "incremental cost;" during the second five years of the Dublin Fire Contract, San Ramon shall reimburse Dublin in the amount of 100% of the "incremental cost;" and during the following five years of the Dublin Fire Contract, Dublin shall be responsible for 100% of the "incremental cost." As used herein, the incremental cost" shall mean 27% of T.J. Welch's total compensation ~as a Battalion Chief with the Alameda County Fire District until such time that the Alameda County Fire District forms a third battalion or T.J. 5 Welch moves into another position other than the position he will hold on July 1, 1997. San Ramon shall reimburse Dublin within 30 days of submission by Dublin of an invoice for such costs. 9. Conflicts Between JEPA and Second Amendment. In the event of any conflict, express or implied, between this Second Amendment and the JEPA, the provisions of this Second Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the dates indicated below. CITY OF SAN RAMON Dated: By: APPROVED AS TO FORM: BOB SAXE, city Attorney PATRICIA BOOM, Mayor ATTEST: JUDY MACFARLANE, City Clerk CITY OF DUBLIN Dated: By: APPROVED AS TO FORM: ELIZABETH H. SILVER City Attorney GUY HOUSTON, Mayor ATTEST: KAY KECK, City Clerk ramon19, doc/~ 6