Cities Index.
ATCH 2 -Agreement C2013 298 Amendments 1-5

Napa City Council
December 6, 2022

Document
ATCH 2 -Agreement C2013 298 Amendments 1-5
Meeting
December 6, 2022
Body
Napa City Council
Original file
2.4 MB
Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

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AMENDMENT
NO.2
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.
2 to
Agreement
No.

C2013-298
(hereinafter
"Amendmenf')
is
dated
this
30th
day
of
May
2017,
by
and
between
the
City
of
Napa,
a
municipal
corporation
(hereinafter
"Citt),
and
American
Canyon
Fire
Protection
District
(hereinafter
"American
Canyon
11 ).

RECITALS
A.

City
and
American
Canyon
entered
into
an
Agreement
entitled
Cooperative
Joint
Powers
Dispatching
Services
Agreement
(hereinafter
11 Agreemenf')
for
dispatching
services
in
the
amount
of
$35,774
in
FY
2013/2014
and
$36,847
in
FY
2014/2015,
and
extended
by
Amendment
No
1 in
the
amount
of
$37,952
FY
2015/2016
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
one
(
1)
year
from
July
1 ,
2016
through
June
30,
2017.

NOW,

THEREFORE,

INCONSIDERATION
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
Amendment
shall
remain
in
full
force
and
effect.

2. AMENDMENT.

Exhibit
"8,
11 "Rate
for
service
per
year,''
is
amended
by
adding
a
new
line
under
the
column
for
"Fiscal
Year"
for
FY
2016/2017
and
a
corresponding
line
under
"Rate"
in
the
amount
of
$64,351
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
$208,924
($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 and
$64,351
in
FY
2016/2017
for
this
Amendment.)

3. AMENDMENT.

SECTION
5 of
the
Agreement,
"TERM,''
is
hereby
deleted
in
its
entirety,
and
replaced
by
a
new
Section
5,
"TERM,
11 to
read
as
follows:

The
term
of
this
Agreement
shall
be
from
July
1,
2013
until
June
30,
2017
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
after
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
i.ncorporated
herein
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
described
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
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.

Amendment
No.1
to
Agreement
C2013-298
Page
1 of2
ATTACHMENT 2
IN

WITNESS

WHEREOF
,
the
parties
have
duly
executed
this
Agreement
the
day
and
year
first
above
written.

CITY
OF
NAPA
:
~
~
·
~-W
Mike
Parness
.

City
Manager
(Type
name
and
title)
ATTEST:

By
:
(Signature)
(f\Dorothy
Robert
s,
City
Clerk
(Type
n
a
me
and
titl
e)
jJ
C
}-i(
.:loN~.4+J
5'11~
I
~PVf1t
I.

I.
cfC~tK
Desiree
Br;un
,ei
ty
Auditor
~~
R
~
(Signa
ture)
Mic
~
rr
ett.

City
Attorney
(Type
name
and
titl
e)
Budget
Code
:
42151-
342
05 A
m
e
ndm
e
nt
N
o.
1 t
o
Ag
r
ee
men
t
C2013
-
298
Page
2 of
2 By
:

AMERICAN
CANYON:

America
n
fc
(ltfarl
n
'r
c..

Pr
o-k.e:ltott.
0T.SJY
I
vt'
(Print
name
of
Ame
~
can
Canyon/form
of
organization)*
fr~Gcw~
Leon
Garcia
,
D
istrict
Chair
(S~ur
e)
Glen
E
.

Weeks
.

Fire
Chief
(Print
name
and
t
itle)
(Signatur
e)
William
D
.

Ro
ss.

District
Counsel
(Print
name
and
t
itle)
*corporation
,
partnership
,
limited
liability
corporation,
sole
proprietorship
,
etc.

Unless
corporate
re
so
luti
o
n
delegates
a
n
indi
v
idu
a
l
to
s
ign
contra
c
t
s,
an
ag
r
eement
with
a
corpo
r
at
ion
shall
be
sig
ned
by
th
e
President
or
Vice
President
and
the
Se
c
retary
or
Treasurer
of
the
corporation
.

A
general
partner
shall
sig
n
on
behalf
of
a
general
partnership
.

The
managing
m
e
mb
e
r,
i
f
authorized
,
may
s
ign
on
b
e
half
of
a
limited
liability
corporation.

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