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HomeMy WebLinkAboutUkiah Valley Fire District 2014-04-10; Amendment 3 2017-01-18COU NO. 1314-198-A3 THIRD AMENDMENT TO INTERIM TWO-YEAR AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN UKIAH VALLEY FIRE PROTECTION DISTRICT AND CITY OF UKIAH THIS THIRD AMENDMENT to the Interim Two -Year Agreement ("Interim Agreement") between the Ukiah Valley Fire Protection District ("District") and the City of Ukiah ("City"), dated April 10, 2014, as amended by City Council Resolution No. 2015-19 ("First Amendment") and the Second Amendment to Interim Two -Year Agreement for Fire Protection and Emergency Medical Services Between Ukiah Valley Fire Protection District and City of Ukiah, effective July 1, 2016 ("Second Amendment") is entered in Ukiah, California on 3A;Nu.A jLy t 8 , 2017 ("the Effective Date"). Sections 2.I.c. of the Interim Agreement, entitled Fire Chief, and 3.11 of the Second Amendment, entitled Cost of Fire Chief are amended in their entirety as stated below. The First Amendment and the Second Amendment are the only amendments to the Interim Agreement prior to the Effective Date of this Third Amendment. Except as expressly stated in this Third Amendment, all other terms and conditions of the Interim Agreement, the First Amendment and the Second Amendment remain in full force and effect as stated therein. All further references to the Interim Agreement include the Interim Agreement as amended by the First Amendment and the Second Amendment. 2.I.c. FIRE CHIEF: The City agrees to employ a Fire Chief ("Chief') to provide administration of fire services for the City and District for the term of the Interim Agreement. The Chief shall be deemed to be the Fire Chief for the City and District for all purposes required by law. The Chief will equally devote his/her entire productive time, ability, and attention to the business of the City and District during the term of the Interim Agreement. Notwithstanding Section 13 of the Interim Agreement: a. District shall hold harmless, and shall indemnify City and the Fire Chief from any and all costs, damages, claims., fees (including attorney fees or other court related costs or expenses) or other losses arising out of or in any way related to the acts or omissions of the Fire Chief in the performance of those duties and functions of the Fire Chief in providing Fire Chief services to the District as delegated by the District Board of Directors, or arising out of or in any way related to those acts or omissions connected with the administration of fire services for District. In the event of any such claims or lawsuits, District agrees to resist and defend said claims or lawsuits by counsel reasonably satisfactory to City. b. City shall hold harmless, and shall indemnify District and the Fire Chief from any and all costs, damages, claims., fees (including attorney fees or other court related costs or expenses) or other losses arising out of or in any way related to the acts or omissions of the Fire Chief in the performance of those duties and functions of the Fire Chief in providing Fire Chief services to the City as delegated by the City Council, or arising out of or in any way related to those acts or omissions connected with the administration of fire services for the City. In the event of any such claims or lawsuits, City agrees to resist and defend said claims or lawsuits by counsel reasonably satisfactory to District. 3.11 COST OF FIRE CHIEF The City and District shall share equally all costs to the City of employing the Fire Chief, including the salary and benefits provided to the Fire Chief as compensation for his services and other expenses associated with his or her employment such as workers' compensation and unemployment insurance. COU NO. 1314-198-A3 These costs will be reconciled with the payments and True -Up for the Merged Services Costs made by or to the City. IN WITNESS WHEREOF, the parties have entered this Agreement on the Effective Date. UKIAH VALLEY FIRE PROTECTION DISTRICT CITY OF UKIAH By: By: -- Board Presidersâś“ City anage ATTEST: Clerk o the ar ,Rsviewed as to form District Counsel ATTEST: City Clerk Reviewed as to form: City e