CC Resolution 11183Resolution No. 11183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AN AMENDMENT TO THE FIRE SERVICES AGREEMENT WITH
THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT
WHEREAS, the City of Campbell has experienced severe and ongoing budget
difficulties for many years as a result of very challenging economic times; and
WHEREAS, the City's current budget deficit has necessitated the reduction of
several million dollars in expenditures from the budget and to maintain compliance
with City financial policies; and,
WHEREAS, City Staff met with and discussed possible options for revising its
contract for the provision of fire services with the Santa Clara County Central Fire
Protection District; and,
WHEREAS, both parties have agreed to modify the financial terms of the
contract to meet their respective needs.
NOW, THEREFORE BE IT RESOLVED, that the attached First Amendment
to Fire Services Agreement be approved, and
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute
this amendment.
PASSED AND ADOPTED this 29t" day of June, 2010, by the following roll call
vote:
AYES: Councilmembers Kotowski, Kennedy, Furtado, Baker, Low
NOES: Councilmembers None
ABSENT: Councilmembers None
APPROVED:
Ev D. Low, Mayor
ATTE
Anne Bybee, City Clerk
FIRST AMENDMENT TO FIRE SERVICES AGREEMENT
City of Campbell and Santa Clara County Central Fire Protection District
THIS FIRST AMENDMENT to the Fire Services Agreement between City of
Campbell and Santa Clara County Central Fire Protection District (the "Agreement") is
made this day of , 2010, by
and between the CITY OF CAMPBELL, a municipal corporation, ("CITY"), and SANTA
CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT ("DISTRICT");
WHEREAS, the parties entered into the Agreement on July 1, 2008. The Agreement is
attached hereto as Exhibit A and incorporated herein;
WHEREAS, this First Amendment was approved by the City of Campbell City Council on
and the DISTRICT has authority to enter in this First Amendment pursuant
to a Delegation of Authority by the Governing Board of the District on or about May 5, 2009;
and
WHEREAS, CITY and DISTRICT desire to enter into this First Amendment.
THEREFORE, for mutual consideration hereby acknowledged, the parties agree as follows:
1. All terms and conditions contained in the Agreement are to remain in full force and
effect except to the extent that such terms and conditions may be inconsistent with
the terms and conditions of this Amendment, the terms of this First Amendment shall
control.
2. Paragraph 3 of the Agreement shall be replaced in its entirety with the following:
"3. At the expiration of this five (5) year Agreement, this Agreement shall
automatically renew on a year-to-year basis for up to an additional five (5)
one-year terms unless CITY or DISTRICT provides written notice of non-
renewal to the other party at least three-hundred and sixty-five (365) days
prior to the expiration date of this Agreement.
If the CITY or DISTRICT terminates the Agreement at any time prior to July 1,
2017 the CITY shall pay a termination payment to the DISTRICT in
accordance with the schedule attached as Exhibit "B" of this Amendment.
The termination payment amounts set forth in Exhibit B represent the
amounts that the CITY will owe the DISTRICT on the corresponding
termination date."
First Amendment to Firc Services Agreement
3. Paragraphs 41 and 42 of the Agreement shall be replaced in their entirety with the
following:
"41. Effective July 1, 2008 the CITY shall pay to the DISTRICT the annual
base costs in the amount of $ 5,544,740. Effective July 1, 2009 the CITY
shall pay to the DISTRICT the annual base costs in the amount of $
6,016,043. Effective July 1, 2010 the CITY shall pay to the DISTRICT the
annual base costs in the amount of $6,256,685. Effective July 1, 2011 the
CITY shall pay to the DISTRICT the annual base costs in the amount of
$6,460,027. Effective July 1, 2012 the CITY shall pay to the DISTRICT the
annual base costs in the amount of $ 6,660,288.
The DISTRICT shall invoice the CITY monthly, and the CITY shall make
monthly payments as listed on Exhibit "B" of the Agreement. Any payments
not received within fifteen (15) days of the remittance date shall be subject to
a late fee of one percent (1%) times the overdue amount. The parties agree
that the amount provided in this Article shall be sufficient to cover all
expenses associated with providing comprehensive fire services including,
but not limited to, staffing, supplies, services, capital outlay, other than that to
be covered by the CITY pursuant to Paragraph 21 of this Agreement, vehicle
and equipment amortization, and communications. The parties further agree
that the level of service required by this Agreement shall be sufficient for the
CITY'S needs, and that neither party is subsidizing the other's cC:st of
providing fire service."
42. Effective July 1, 2013 and each year thereafter the annual base amount
will be increased a minimum of 3.5% and a maximum of 6.0% determined by
the following formula:
The annual percent increase shall be the weighted average percent
change of the following three indices:
A. The percent increase from the second-most prior February to the
February immediately prior to the July being considered for the increase, San
Francisco-Oakland-San Jose, All Urban, All Items, not seasonally adjusted,
Consumer Price Index published by the U.S Department of Labor, Bureau of
Labor Statistics. If the percent change is zero or a negative value, the
change will be assigned the value of zero. This index will be assigned a
weight of one-half.
B. The percent increase in the Firefighter/Engineer Total
Compensation; which is defined as the annual percentage change in monthly
base wage, the dollar change in the employer's share of Kaiser Medical, and
the dollar change in the employer's share of Delta Dental. If the percent
First Amendment to Fire Services Agreement
change is zero or a negative value, the change will be assigned the value of
zero. This index will be assigned a weight of one-forth.
C. The percent increase in the total Local Secured Values, inclusive of
the Homeowner's Property Tax Relief (HOPTR) and State Board of
Equalization (SBE) for all the parcels in the CITY as reported by the
Controller of the County of Santa Clara for July of each year. If the percent
change is zero or a negative value, the change will be assigned the value of
zero. This index will be assigned a weight of one-forth."
4. Exhibit "B" -Termination Payment Schedule, which is attached hereto, is
hereby incorporated herein as part of the First Amendment.
5. The Agreement as amended constitutes the entire agreement of the
parties concerning the subject matter herein and supersedes all prior oral and
written agreements, representations and understandings concerning such
subject matter.
SANTA CLARA COUNTY CENTRAL
FIRE PROTECTION DISTRICT
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BY: --Kenneth L: aldvogel, Fire Chief
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Date: ~-=~~~ `
APPROVED:
APPROVED AS TO FORM
AND LEGALITY: /~+
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BY: Neysa Fligor, Deputy County Counsel
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Office of the County Executi,
CITY OF CAMPBELL
APPROVED AS TO FORM:
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BY: Daniel Rich, City Manager BY: V~'(I~eligmann, City AttorneyCity Attorney
Date: ~' ~X, ~~.
Date: ` ~-
First Amendment to Fire Services Agreement
EXHIBIT "B"
SCHEDULE OF TERMINATION PAYMENTS
If the CITY or DISTRICT terminates the Agreement prior to June 30, 2017, the District
shall be entitled to a termination payment in accordance with the following schedule:
If notice of termination or non-renewal is given prior to:
July 1, 2010 the termination payment is $180,481
July 1, 2011, but after June 30, 2010 the termination payment is $318,549
July 1, 2012, but after June 30, 2011 the termination payment is $421,309
July 1, 2013, but after June 30, 2012 the termination payment is $460,035
July 1, 2014, but after June 30, 2013 the termination payment is $430,795
July 1, 2015, but after June 30, 2014 the termination payment is $329,477
July 1, 2016, but after June 30, 2015 the termination payment is $151,783
July 1, 2017, but after June 30, 2016 the termination payment is $ -0-
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