Amendment
No.
6 to
Agreement
C2013
-
298
Page
1 of
3 AMENDMENT NO.
6 TO
COOPERATIVE JOINT POWERS DISPATCHING SERVICES AGREEMENT
NAPA CITY
AGREEMENT NO. C2013
-
298
AMERICAN CANYON FIRE PROTECTION DISTRICT AGREEMENT NO. 2013 -
04 This Amendment No.
6 to Agreement No. C2013
-
298 (hereinafter
“Amendment”) is
dated this
1st
day
of
December
202
2 , by and between the City of Napa, a municipal corporation (hereinafter “City”), and American Canyon Fire Protection District (hereinafter “American Canyon”).
RECI
TALS
A.
City and American Canyon entered into an Agreement entitled Cooperative Joint Powers Dispatching Services Agreement
(hereinafter “Agreement”) for dispatching services in the amount of $35,774 in FY 2013/20
14 and $36,847 in FY 2014/2015;
extended by Amendment No 1 in the amount of $37,952 FY
2015/2016
; extended by Amendment No 2 in the amount of $64,351
;
and extended by
Amendment No 3 in
the amount of $67,569
by which the City agreed to perform dispatch services.
In addition, in FY 2014/2015
and 2015/2016 American Canyon contributed $17,000 each year towards infrastructure improvements (emergency generator, FAA lighting,
emergency uninterruptable power) of the Oat Hill radio site.
B.
After negotiations between the parties, American Canyon has agreed to extend the agreement for
two
(2
) year
s
from July 1, 20
20 through June 30, 20
2 2
.
NOW, THEREFORE, IN CONSIDERATION
OF THE MUTUAL COVENANTS AND CONDITIONS
IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. INCORPORATION BY REFERENCE
.
This Amendment hereby incorporates by reference
all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendmen t shall remain
in full force and effect.
2. AMENDMENT
.
Exhibit
“
B
-
6 ,
”
“Rate for service per year,”
is amended
by adding
new line
s
under the column for “Fiscal Year”
for FY 20
20 /202
1 and FY
2021/2022;
and corresponding line
s
under
“Rate”
in the amount of
$
7 4
,
193
and $76,419 respectively
for the cost of Dispatch Services
.
Thus, the total
compensation payable to the City in accordance
with the Agreement as amended
herein shall not exceed
$
568,733
($35,774 in FY 2013/2014 and $53
,847 in FY 2014/2015 for the original Agreement
;
$54
,952 in FY
2015/2016 for Amendment
No 1;
$
6 4
,351
in FY 2016/2017 for Amendment
2; $67,569
in FY 2017/2018
for
Amendment No 3;
$
69,596 for FY 2018/2019
in Amendment No. 4
; $72,032
in FY 2019/2020
in Amendm
ent
No. 5, and $
150,
612
in FY 2020/2021
and FY 2021/2022
for
this
A
mendment
No.
6 .)
3. AMENDMENT
.
SECTION
5 of the Agreement
, “TERM,”
is hereby
deleted in its entirety, and
replaced by a new Section 5, “TERM,” to read as follows:
The term of this
Agreement shall be from
July 1, 2013 until June 30, 202
2 unless terminated earlier as
provided herein; except that the obligations of the parties under Paragraph 12 (Insurance) and Paragraph 13 (Indemnification) shall continue in full force and effect afte r said expiration date or early termination in relation to acts or omissions occurring prior to such dates during the term of this Agreement.
4 .
ENTIRE AGREEMENT
. This Amendment (including the Agreement as amended herein and all documents incorporated h
erein by reference) comprises the entire integrated understanding between the parties concerning the services described in this Amendment. This Amendment supersedes all prior negotiations, agreements and understandings regarding the additional services de scribed herein, whether
written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all.
5 .
SIGNATURES
. The individuals executing this Amendment represent and warrant that they
have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of ATTACHMENT 1
Amendment
No.
6 to
Agreement
C2013
-
298
Page
2 of
3 the respective legal entities of the American Canyon and the City. This Amendment shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written.
CITY:
AMERICAN CANYON:
CITY OF NAPA, a California charter city
_________________________________
___________________________________
(Print name of American Canyon/form of
organization)
*
By:
___________________________________
(Signature)
Date:
___________________________________
(“
Effective Date
”)
(Print name and title)
COUNTERSIGNED:
By:
___________________________________
(Signature)
___________________________________
(Print name and title)
APPROVED AS TO FORM:
Budget Code:
10021400
-
43420
ATTACHMENT 1
Amendment
No.
6 to
Agreement
C2013
-
298
Page
3 of
3 Exhibit “B
-
6 ”
Rate for Service Per Year
Fiscal Year Rate
Rate
FY 2013/2014
$35,774
FY
2014/2015
$53,847
FY 2015/2016
$54,952
FY 2016/2017
$64,351
FY 2017/2018
$67,569
FY 2018/2019
$69,596
FY 2019/2020
$72,032
FY 2020/2021
$74,193
FY 2021/2022
$76,419
ATTACHMENT 1