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HomeMy WebLinkAboutReso - CC - 028-2009RESOLUTION NO. 28-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND AMENDMENT TO THE CENTRAL COUNTY FIRE DEPARTMENT JOINT POWERS AGREEMENT TO CLARIFY THE DISBURSEMENT OF REVENUES WHEREAS, on April 20, 2004, the City of Burlingame and the Town of Hillsborough formed a joint powers authority, the Central County Fire Department, to provide fire protection, suppression and emergency medical services in their respective jurisdictions; and WHEREAS, the CCFD provides that the Treasurer of the Department shall act as Controller and shall perform all such financial functions such as disbursements of revenues, payment of outstanding obligations of the Department and other similar functions; and WHEREAS, in December of 2008, the governing Board of the CCFD determined and recommended to the parties to the CCFD that the joint powers agreement be amended to reflect the manner in which revenue received by CCFD was being and is disbursed; and WHEREAS, specifically, CCFD desires to memorialize within the joint powers agreement the current practice of revenue distribution, namely that user fees collected by CCFD are remitted to the city in which they were collected and that fire service reimbursements collected by CCFD are shared by the two cities on a 60/40 basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AND ORDER AS FOLLOWS: The City Council hereby approves and authorizes the Mayor to execute an amendment to the Central County Fire Department Joint Powers Agreement to reflect the manner in which revenue received by CCFD is disbursed between the City and Hillborough, namely that user fees collected by CCFD are remitted to the city in which they were collected and that fire service reimbursements collected by CCFD are shared by the two cities on a 60/40 basis. Ann Keighran, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of April, 2009, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, MGMtAN, NAGEL, 07MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE W Mary Ellen Kearney, City Clerk hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo. 10. Disputes. In the event legal action shall become necessary in order to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 11. Entire Agreement. This Agreement constitutes the entire agreement between Brisbane and Burlingame and supersedes and cancels any prior agreement or understanding, whether written or verbal. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Brisbane and Burlingame. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the day and year first above written. CITY OF BRISBANE CITY OF BURLINGAME IC Clay Holstine, City Manager APPROVED AS TO FORM: Harold Toppel, City Attorney -3- Jim Nantell, City Manager APPROVED AS TO FORM: Gus Guinan, City Attorney