Loading...
HomeMy WebLinkAboutAgreement A-13-529-3 with the City of Fowler.pdf1 THIRD AMENDMENT TO AGREEMENT 2 THIS THIRD AMENDMENT TO AGREEMENT (hereinafter "Amendmenf') is made and 3 entered into this 1st day of July, 2016, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California (hereinafter "COUNTY"), and City of 5 Fowler, whose address is 128 S. Fifth Street, Fowler, CA 93625 (hereinafter "CITY"). 6 WITNESSETH: 7 WHEREAS, COUNTY and CITY entered into Agreement number 13-529, dated 10, 8 September, 2013 (hereinafter "Agreement"), pursuant to which CITY agreed to contract with 9 COUNTY for the performance of law enforcement dispatch services/9-1-1 answering 10 responsibilities for CONTRACTOR by COUNTY's Sheriff-Coroner's Office ("Sheriff'); and 11 WHEREAS, COUNTY AND CITY entered into First Amendment to Agreement 13-529, 12 dated 19, August 2014, in order to extend the term of the agreement and change the 13 compensation to be paid by CITY beginning July 1, 2014 14 WHEREAS COUNTY AND CITY entered into Second Amendment to Agreement 13- 15 529, dated 25 , August 2015 in order to extend the term of the agreement and change the 16 compensation to be paid by CITY beginning July 1, 2015 (Agreement No. 13-529, First 17 Amendment and Second Amendment to Agreement No. 13-529 are hereinafter collectively 18 referred to as "the Agreement"); and 19 WHEREAS, COUNTY and CITY now desire to amend the Agreement in order to 20 extend the term of the agreement and change the compensation to be paid by CITY beginning 21 July 1, 2016 . 22 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 23 which is hereby acknowledged, COUNTY and CITY agree as follows: 24 1. Section No. 3 TERM, of the Agreement, located on page 2, lines 20 through 21, - 1 - 1 is deleted in its entirety and replaced with the following: 2 "This Agreement shall become effective on the 1st day of July, 2013 and shall 3 terminate on the 30th day of June, 2017." 4 2. Amended Exhibit A-1 of the Agreement, is deleted in its entirety and replaced 5 with Amended Exhibit A-2, attached hereto and incorporated herein by this reference. All 6 references to Amended Exhibit A-1 in the Agreement are amended to state "Amended Exhibit 7 A-2." 8 COUNTY and CONTRACTOR agree that this Amendment Ill is sufficient to amend the 9 Agreement and, that upon execution of this Amendment Ill, the Agreement, Amendments I 10 and II, and this Amendment Ill together shall be considered the Agreement. 11 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 12 covenants, conditions and promises contained in the Agreement and not amended herein 13 shall remain in full force and effect. 14 This Amendment Ill shall be effective July 1, 2016. 15 Ill 16 /// 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 24 -2- 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment Ill as of 2 the day and year first herein above written . 7 128 SOUTH FIFTH STREET FOWLER, CA 93625 8 Mailing Address 9 !10 DATE : 6-,2]-,(0/~ 11 12 13 14 15 APPROVED AS TO LEGAL FORM 16 17 18 19 ORG No .: 31113320 Account No.: 4975 20 21 Ill 22 Ill 23 Ill 24 Ill -3- ATTEST: BERNICE E . SEIDEL , Clerk Board of Supervisors By Su-.~ ~sb ~ Depuy DATE: REVIEWED & RECOMMENDED FOR APPROVAL Margaret MimS,Sheii1F-Coroner APPROVED AS TO ACCOUNTING FORM 1 Amended Exhibit A-2 2 The COUNTY agrees to perform contracted services for the CITY at the rate specified below 3 per resident of the CITY (as determined by the State Department of Finance certified 4 population estimate as of January 1st of that year) for each year of this Agreement. 5 Monthly Charge for FY 2013-14 (July 1, 2013-June 30, 2014) (hereinafter the 6 "2013-2014 Monthly Charge"): $7,679.46/month. The methodology to calculate this amount 7 is as follows: 8 Per resident charge= $16 .01 (100% of $16 .01 per resident) 9 Number of residents in CITY (as determined by State Department of Finance certified 10 population estimate as of January 1, 2012) = 5 ,756 11 2013-2014 Monthly Charge= ($16.01/resident x 5,756 residents)/12 months= 12 $7,679.46/month 13 Monthly Charge for FY 2014-15 (July 1, 2014-June 30, 2015) (hereinafter the 14 "2014-2015 Monthly Charge"): $7 ,294 .92/month. The methodology to calculate this amount 15 is as follows: 16 Per resident charge= $14.88 (100% of $14.88 per resident) 17 Number of residents in CITY (as determined by State Department of Finance certified 18 population estimate as of January 1, 2014) = 5 ,883 19 2014-2015 Monthly Charge= ($14.88/resident x 5 ,883 residents)/12 months= 20 $7 ,294.92/month 2 1 Monthly Charge for FY 2015-16 (July 1, 2015-June 30, 2016) (hereinafter the 22 "2015-2016 Monthly Charge"): $7 ,252.65/month . The methodology to calculate this 23 amount is as follows : 24 Per resident charge= $14.61 (100% of $14 .61 per resident) -4- 1 Number of residents in CITY (as determined by State Department of Finance certified 2 population estimate as of January 1, 2015) = 5,957 3 2015-2016 Monthly Charge= ($14.61/resident x 5,957 residents)/12 months= 4 $7 ,252.65/month 5 Monthly Charge for FY 2016-17 (July 1, 2016-June 30, 2017) (hereinafter the "2016-2017 6 Monthly Charge"): $7,236.82/month. The methodology to calculate this amount is as 7 follows: 8 Per resident charge= $14.61 (100% of $14.61 per resident) 9 Number of residents in CITY (as determined by State Department of Finance certified 10 population estimate as of January 1, 2016) = 5,944 11 2016-2017 Monthly Charge= ($14.61/resident x 5,944 residents)/12 months= 12 $7 ,236.82/month 13 14 15 16 17 18 19 20 21 22 23 24 - 5 -