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HomeMy WebLinkAboutNorth Central Fire Protection District Amdt No 1CITY OF FRESNO City Clerk's Office (Original) AMENDMENT NO. 1 TO SERVICE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY SERVICES THIS AMENDMENT NO. 1 is made this/ lik day of &y 2007, by and between the CITY OF FRESNO, a charter city and municipal corporation hereinafter referred to as "CITY," and the NORTH CENTRAL FIRE PROTECTION DISTRICT, a California fire protection district, organized and operated pursuant to the Fire Protection District Law of 1987, Health and Safety Code, Sections 13800, et seq., hereinafter referred to as "DISTRICT," the promises and agreements of each being in consideration of the promises and agreements of the other. RECITALS WHEREAS, CITY and DISTRICT entered into a Services Agreement for Fire Protection and Emergency Services dated December 20, 2006, ("Agreement"); and WHEREAS, CITY AND DISTRICT desire to modify the Agreement in certain regards, upon the terms and conditions herein; and WHEREAS, at the August 22, 2007 meeting of the District Board meeting, the District Board moved to add a truck company at Station 21 (Kerman); and WHEREAS, the addition of a truck company at Station 21 (Kerman) will require the additional hiring of eight firefighters; and WHEREAS, the City is willing to hire eight firefighters and the District is willing to reimburse the City for the cost of the additional staffing of eight firefighters for Station 21; and WHEREAS, at the February 28, 2007 meeting of the District Board meeting, the Board accepted a proposal to transfer the Business Manager from the District to the City; and WHEREAS, the City is willing to employ the Business Manager for the District as a City employee so long as the District is willing to contribute to the cost of the position for the first four years of employment with the City. WHEREAS, the Agreement provides in Paragraph 3.A. that the base annual fee paid by the District to the City may be adjusted by approval of the parties to meet increased service level demands. NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows: 1. For the purpose of transferring the Business Manager position from the District to the City, the City shall add a position to the Fresno Fire Department Budget for a Management Analyst II. City shall allow the person who is employed as the NCFPD-COF Amendment No. 1 Page 1 of 3 Business Manager for the District the option of transferring his or her employment to City effective October 1, 2007 subject to the terms in Paragraphs 6.A.1-8 of the Agreement. 2. Paragraph 2.D. of the Agreement shall be replaced with the following: As of October 1, 2007 the Business Manager shall be employed by the City as a Management Analyst II and have all of the responsibilities described in Appendix F. 3. Appendix 'B' of the Agreement shall be amended to provide for the following footnote to be added to the figure of "$4,354,825`" in the agreement: •' Pursuant to Amendment No. 1 of the Agreement, in addition to this Service Contract Fee, the District shall also pay to the City the following: • For additional staffing for a truck company at Station 21 (Kerman): $ 370,054 for FY 2008 $1,026,330 for FY 2009 $1,026,330 (plus any adjustments allowed under Section 3 of the Agreement) for FY 2010 and thereafter. • For transfer of the Business Manager from the District to the City, the District shall reimburse City for the costs of the salary and benefits for the Business Manager as follows: 100% of the salaries and benefits for FY 2008 for the period of FY 2008 that the Business Manager is employed by the City as a Management Analyst II. 75% of the salaries and benefits for FY 2009 50% of the salaries and benefits for FY 2010, and 25% of the salaries and benefits for FY 2011 4. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. 5. In all other regards, the Agreement shall be and remain in full force and effect. NCFPD-COF Amendment No. 1 Page 2 of 3 IN WITNESS WHEREOF, the parties authorized agents have executed this Amendment No. 1 to Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO a Municipal Corporation NORTH CENTRAL FIRE PROTECTION DISTRICT By: By: Namp: Date: Zog row ATTEST: Rebecca E. Klisch City Clerk Date: Date: 0 /S- 4&)6 - APPROVED AS TO FORM: James C. Sanchez By: ftz� Kathryn Phelan, Deputy Attorney Date: I 103 Addresses: City of Fresno Attention: Cheryl Carlson Fresno Fire Department 450 M Street Fresno, CA 93721-3622 Phone: 559-621-4004 FAX: 559-498-4323 Attachments: NCFPD-COF Amendment No. 1 Page 3 of 3 APPROVED AS TO FORM: McCorrpick, Kabot,,,Jerx@r & Lew 0 Nancy A. Jen e Attorneys for Ndrth Central Fire Protection District NCFPD: Addresses: North Central Fire Protection District Attention: Board Chairman 15850 W. Kearney Blvd Kerman, CA 93630-9335 Phone: 559-275-5531 FAX: 559-846-3788