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HomeMy WebLinkAbout32732Agreement No. 13-530-4 1 FOURTH AMENDMENT TO AGREEMENT 2 THIS FOURTH AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made 3 and entered into this 23rd day of January , 2018, by and between COUNTY OF FRESNO, a 4 Political Subdivision of the State of California, Fresno, California (hereinafter "COUNTY"), and 5 '.City of Kerman, a CITY, whose address is 850 S. Madera Avenue, Kerman, CA (hereinafter 6 "CITY"). WITNESSETH: 7 8 WHEREAS, COUNTY and CITY entered into Agreement number 13-530, dated 9 September 10, 2013, pursuant to which CITY agreed to contract with COUNTY for the 10 performance of law enforcement dispatch services/9-1-1 answering responsibilities for CITY 11 by COUNTY's Sheriff-Coroner Office ("Sheriff"); and 12 WHEREAS, COUNTY and CITY entered into Amendment I to Agreement 13-530, 13 . ,dated August 19, 2014, in order to extend the term of the agreement and change the 14 compensation to be paid by City beginning July 1, 2014; and 15 WHEREAS, COUNTY and CITY entered into Amendment II to Agreement 13-530, 16 dated August 25, 2015 in order to extend the term of the agreement and change the 17 , compensation to be paid by CITY beginning July 1, 2015; and 18 WHEREAS, COUNTY and CITY entered into Third Amendment to Agreement 13-530, 19 dated August 23, 2016 in order to. extend the term of the agreement and change the 20 compensation to be paid by CITY beginning July 1, 2016 (Agreement No. 13-530, 21 · Amendment I, Amendment II, and Third Amendment to Agreement No. 13-530 are hereinafter 22 collectively referred to as "the Agreement"); and 23 WHEREAS, COUNTY and CITY now desire to amend the Agreement in order to 24 extend the term of the agreement and change the compensation to be paid by CITY beginning -1 - 1 July 1, 2017. 2 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 3 which is hereby acknowledged, COUNTY and CITY agree as follows: 4 1. Section No. 3 TERM of the Agreement, located on page 2, lines 20 through 21 is 5 deleted in its entirety and replaced with the following: 6 "This Agreement shall become effective on the 1st day of July, 2013 and shall 7 terminate on the 30th day of June, 2018." 8 2. Amended Exhibit A-2 of the Agreement is deleted in its entirely and replaced with 9 Amended Exhibit A-4, attached hereto and incorporated herein by this reference. All 10 references to "Amended Exhibit A-2" in the Agreement are amended to state 11 "Amended Exhibit A-4." 12 COUNTY and CITY agree that this Fourth Amendment is sufficient to amend the 13 Agreement and, that upon execution of this Fourth Amendment, the Agreement, Amendment 14 I, Amendment II, Third Amendment, and this Fourth Amendment together shall be considered 15 the Agreement. 16 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 17 covenants, conditions and promises contained in the Agreement and not amended herein 18 shall remain in full force and effect. 19 This Fourth Amendment shall be effective July 1, 2017. 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill - 2 - This Fourth Amendment is hereby executed by the parties hereto . 2 3 4 5 6 CITY OF KERMAN _____s::;2_ (Authorized Signature) Print Name & Title 850 S . MADERA AVE . KERMAN , CA 93630 7 11---------------- Ma iling Address 8 9 10 11 12 13 14 15 16 17 18 19 2 0 2 1 22 23 24 FOR ACC OUNTIN G USE ON LY: OR G No .: 311 13320 Accou nt No .: 497 5 Requ isition No.: N/A -3 - COUNTY OF FRESNO a irman of th e isors of the Co unt y of Fresno ATTEST: Bernice E . Seide l Clerk to the Board of S uperv isors Coun ty of Fres no , State of Cal ifornia 1 Amended Exhibit A-4 2 The COUNTY agrees to perform contracted services for the CITY at the rate specified below per resident of the CITY (as determined by the State Department of Finance certified 3 population estimate as of January 1st of that year) for each year of this Agreement. 4 Monthly Charge for FY 2013-14 (July 1, 2013-June 30, 2014) (hereinafter the "2013-2014 Monthly Charge"): $18,600.96/month. The methodology to calculate this 5 amount is as follows: Per resident charge= $16.01 (100% of $16.01 per resident) 6 Number of residents in CITY (as determined by State Department of Finance certified population estimate as of January 1, 2012) = 13,942 7 2013-2014 Monthly Charge= ($16.01/resident x 13,942 residents)/12 months= $18,600.96/month 8 Monthly Charge for FY 2014-15 (July 1, 2014-June 30, 2015) (hereinafter the 9 "2014-2015 Monthly Charge"): $17,780.36/month. The methodology to calculate this amount is as follows: 10 Per resident charge= $14.88 (100% of $14.88 per resident) Number of residents in CITY (as determined by State Department of Finance certified 11 population estimate as of January 1, 2014) = 14,339 2014-2015 Monthly Charge= ($14.88/resident x 14,339 residents)/12 months= 12 $17,780.36/month 13 Monthly Charge for FY 2015-16 (July 1, 2015-June 30, 2016) (hereinafter the "2015-2016 Monthly Charge"): $17,427.29/month. The methodology to calculate this 14 amount is as follows: Per resident charge= $14.61 (100% of $14.61 per resident) 15 Number of residents in CITY (as determined by State Department of Finance certified population estimate as of January 1, 2015) = 14,314 16 2015-2016 Monthly Charge= ($14.61/resident x 14,314 residents)/12 months= $17.427.29/month 17 Monthly Charge for FY 2016-17 (July 1, 2016-June 30, 2017) (hereinafter the "2016-2017 18 Monthly Charge"): $17,490.61/month. The methodology to calculate this amount is as follows: 19 Per resident charge= $14.61 (100% of $14.61 per resident) Number of residents in CITY (as determined by State Department of Finance certified 20 population estimate as of January 1, 2016) = 14,366 2016-2017 Monthly Charge= ($14.61/resident x 14,366 residents)/12 months= 21 $17,490.61/month 22 Monthly Charge for FY 2017-18 (July 1, 2017-June 30, 2018) (hereinafter the "2017-2018 23 Monthly Charge") are split due to Board's late approval of Master Schedule of Fees (MSF) on October 17, 2017 and reflect the new MSF rates effective December 1, 2017. 24 The methodology to calculate these amounts are as follows: -4 - 1 (July 1, 2017-November 30, 2017) 2 Per resident charge= $14.61 (100% of $14.61 per resident) Number of residents in CITY (as determined by State Department of Finance certified 3 population estimate as of January 1, 2017) = 14,614 2017-2018 Monthly Charge= ($14.61/resident x 14,614 residents)/12 months= 4 $17,792.55/month 5 (December 1, 2017-June 30, 2018) Per resident charge= $14.75 (100% of $14.75 per resident) 6 Number of residents in CITY (as determined by State Department of Finance certified population estimate as of January 1, 2017) = 14,614 7 2017-2018 Monthly Charge= ($14.75/resident x 14,614 residents)/12 months= $17,963.04/month 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -5 -