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ACFD 250128.Pdf REVISED AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING FIRE AND EMERGENCY RESPONSE SERVICES This Amendment No. 1 is made and entered into this 20th day of June 2017, by and between the ALAMEDA COUNTY FIRE DEPARTMENT, a dependent fire district formed under the Fire Protection District Law of 1987 (Health and Safety Code Sections 13800, et seq.) and governed by the Board of Directors of the County of Alameda as its Board of Directors, hereinafter referred to as "ACFD", and the CITY OF EMERYVILLE ("City"), a municipal corporation, collectively referred to as the "Parties." RECITALS WHEREAS, ACFD has provided services to City since 2012 pursuant to the Agreement Between the City of Emeryvilie and the Alameda County Fire District Regarding Fire and Emergency Response Services, entered into on or about June 5, 2012 (the "2012 Fire Services Agreement"); and WHEREAS, the term of the 2012 Fire Services Agreement expires on June 30, 2017; and WHEREAS, the Parties intend to enter into a new Fire Services Agreement to replace the 2012 0 Fire Services Agreement; and I 1'J WHEREAS, the Parties require additional time to reach mutually agreeable terms for a new Fire 0 Services Agreement; and -..j WHEREAS, the Parties desire to extend the term of the 2012 Fire Services Agreement in order ' to prevent service interruption in the event that the 2012 Fire Services Agreement expires and the (11 City has not made alternative arrangements for fire and emergency response services; <.t\ THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ACFD and City agree as follows: AGREEMENT 1. The foregoing recitals are true and correct. 2. Section 9.a. of the 2012 Fire Services Agreement City is amended as follows: Delete: "This Agreement is for a term of five years. It shall continue in force from 12:00 a.m. on July 1, 2012 ("Effective Date") until 11 :59 p.m. on June 30, 2017, unless sooner terminated in accordance with the provisions herein." Insert: "This Agreement is for a term of six years. It shall continue in force from 12:00 a.m. on July 1, 2012 ("Effective Date") until 11:59 p.m. on June 30, 2018, unless Contract No. 16183-0114-CM05 Resolution No. 17-93 1 sooner terminated in accordance with the provisions herein or replaced with a successor agreement by mutual written agreement of the Parties." All other provisions of the 2012 Fire Services Agreement remain unchanged. 3. Signatory. By signing this Amendment No. 1, signatory warrants and represents that he/she executed this Amendment No. 1 in his/her authorized capacity and that by his/her signature on this Amendment No. 1, he/she or the entity upon behalf of which he/she acted, executed this Amendment No. 1. 4. Counterparts. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. ALAMEDA COUNTY FIRE DEPARTMENT By: Date: WILMA CHAN President, Board of Directors Approved as to form DONNA . ZIEGLER, County Counsel: By: ----..>----'~----­ Heather Littlejolin Deputy County Counsel CITY OF EMERYVILLE Carolyn Lehr, Ci}\' M~ager Date: 7 - 5 - I 7 Attest: ~ / V'-­ Sheri Hartz, City Clerk 2 ( 3 RESOLUTION N0. 17-93 Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The Alameda County Fire Department Agreement To Extend Fire And Emergency Response Services WHEREAS, on June 2010, the City Council directed staff to evaluate methods of streamlining costs and increasing efficiencies in the Fire Department; and WHEREAS, on June 2011, staff presented the City Council with the Citygate Associates report on the functioning, effectiveness and efficiency of the Emeryville Fire Department and including a recommendation to request proposals from the City of Berkeley, City of Oakland and the Alameda County Fire District (ACFD); and WHEREAS, staff received proposals from the City of Oakland and ACFD, with the ACFD proposal representing the most comprehensive and efficient full-service turnkey operation; and WHEREAS, on February 7, 2012, the ACFD proposal was presented in an open session to the City Council, with full support of the ACFD proposal voiced by the members of the Fire Services Task Force and the leadership of the Emeryville Local 55-IAFF bargaining unit; and WHEREAS , Council directed staff to negotiate a contract for fire and emergency response services with ACFD; and WHEREAS, on June 5, 2012, the City of Emeryville and the ACFD entered into a five­ year Agreement Regarding Fire and Emergency Response Services ("Agreement") effective July 1, 2012 through June 31 , 2017 (Resolution No. 12-79); and WHEREAS, the ACFD possesses the unique set of knowledge, expertise and a proven track record of providing exceptional fire and emergency services to the City of Emeryville and desires to continue to provide such services; and WHEREAS, the public interest will be served by this First Amendment; now, therefore be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a First Amendment to the Agreement between the City of Emeryville and the Alameda County Fire Department regarding fire and emergency response services, to extend the term for one year, to June 30, 2018. ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 20 , 2017 by the following vote: ~~C I TY OF EMERYVILLE Resolution No. 17-93 First Amendment Fire Service Agreement I June 20, 2017 Page 2 of 2 Mayor Donahue, Vice Mayor Bauters and Council Members AYES: 5 Martinez, Medina and Patz NOES: 0 ABSTAIN: 0 ABSENT: 0 AITEST: 8A-w I CITY CLERK CITY ATIORNEY ~~CITY OF EMERYVILLE For City Clerk's Office Only: AGREEMENT PACKET ROUTING SLIP Contract No. 14007-0000-CM04 [FOR ALL AGREEMENTS EXCEPT NEW PUBLIC BIDS] Resolution No. 12-79 Alameda Coun Fire District 2012-2017 Consultant/ContractorNendor Department Fire and Safet Emergency Response Services I Patrick O'Keefe Project Name Project Manager/Department Head D Contract Amount To Date I $560,000.00 I CIP Number EPW Number D Amendment Amount · I I $560,000.00 Total Amount D City Manager approval ($0 - $25,000) This agreement requires: D Redevelopment Agency approval (over $25,000) D City Council approval (over $25,000) STEP 1: ADMINISTRATIVE/LEGAL REVIEW Procedure: 1. Submit to City Attorney for "Approval as to Form". City Attorney review agreements, signs, and checks which documents are to be included in the agreement packet. (City Attorney initial} 2. Project Manager submits agreements to Vendor for approval and signature. 3. Project Manager assembles documents as required by City Attorney, then submits compiled agreement packet to City Clerk's Office for processing. (Project Manager initial) Required by Submitted Required Prior to Council/Agency Meeting CAO with Packet D D Scope of Work or Bid Quote D D Vendor Signature D D Fee Schedule (if applicable) D D Initial agreement plus any previous amendments (if applicable) Required Prior to City Manager Execution D D Bid Bond D D Payment Bond D D General Liability D D Professional Liability 0 D Performance Bond D D Auto Insurance 0 D Worker's Comp./Waiver Clause D D City Living Wages/Prevailing Wages D D W-9 0 D Business License Application & Fees I License# D D Certificate of Insurance (COl)-Terms must match Agreement Requirements D D Purchase Order Requisition Form STEP 2: REVIEW BY CITY CLERK 0 I attest that the attached agreements have been signed by both the City Attorney and Vendor before being submitted to the City Clerk's Office. (City Clerk initial) Date agreement submitted to Council/Agency for approval (if applicable): (Date) 0 I attest that all the above checked documents are included in this contract packet. ____ (City Clerk initial) STEP 3: EXECUTION BY CITY MANAGER STEP 4: RETURN TO PROJECT MANAGER Agreements executed by City Manager: Original agreements returned to Project Manager: • RESOLUTION NO. 12-79 ;..' ·• ) , r ·.:.-- : , - . REsoLuT10N of · r.:ie ·>·crrv~. cnuNc1L oF THE c1TY oF EMERYVILLE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND THE ALAMEDA COUNTY FIRE DISTRICT REGARDING FIRE AND EMERGENCY RESPONSE SERVICES WHEREAS, in June 2010 the City Council directed staff to evaluate methods of streamlining costs and increasing efficiencies in the Emeryville Fire Department; and WHEREAS, in September 2010 staff responded with a plan to evaluate Emeryville's fire services system by contracting with Citygate Associates consulting group and creating a Fire Services Task Force, comprised of Council members, representatives of the Emeryville Fire union and representatives of the Emeryville community; and WHEREAS, in June 2011 staff presented to the City Council the Citygate Associates report of findings which detailed the functioning, effectiveness and efficiency of the Emeryville Fire Department, and included a recommended several options including requesting proposals from the City of Berkeley, City of Oakland and the Alameda County Fire District (ACFD) to provide fire and emergency response services in the City; and WHEREAS, staff received proposals from the City of Oakland and ACFD, with the ACFD proposal representing the most comprehensive and efficient full-service, turnkey operation wherein all fire service related functions would be provided by the ACFD, at a cost savings to the cost of the current Emeryville fire service system; and WHEREAS, on February 7, 2012, the ACFD proposal was presented in an open session to the City Council, with full support of the ACFD proposal voiced by the members of the Fire Services Task Force and the leadership of the Emeryville Local 55- IAFF bargaining unit; and WHEREAS, the Alameda County Fire District possesses the unique set of knowledge, .
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