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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 .- ~~ ,- ~' E r j:~ / / BY: --Kenneth L: aldvogel, Fire Chief ,~` , .' Date: ~-=~~~ ` APPROVED: APPROVED AS TO FORM AND LEGALITY: /~+ I~L . BY: Neysa Fligor, Deputy County Counsel Date: ~ ~ ~ ~,~ ~~ ./ 7 Office of the County Executi, CITY OF CAMPBELL APPROVED AS TO FORM: ~, ,~ , ~~ ~ V ~ n 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- Attach. 4 ~~~ ~I ~ ~ 0 0 0 0 0 ~ it ji cfl co cfl co cfl . m ea w ~ o 0 0 0 0~ o 0 ~ ~ _ ~ ono 00000 ~ ~ O N ~-- ~ ~ ~ ~ ~ Q C 'ct C'') cM M M M M M w = .-~ r 00 O CO O 00 d' tC) N Cf) d ~ W O O N V O Cfl OO to ~ O f~ ~ N M O~ ~ O o O 00 N 00 O r I~ OD O c1- M f0 IC 00 M O M N O I~ t() O N ~1 ~ t o r r r r r N (f} C ~ Z Z L •i•+ Q E!-? 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