Agmt21 between Cities of Redwood and San Carlos

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ATTY/AGR/2021/AMENDMENTS/1st AMEND SAN CARLOS – RWC FIRE AGREEMENT REV: 04-01-2021 VR Page 2 of 3 Year 6+: To be determined by the Participating Agencies through the process described in Section 2(b)(i)(7) of the Original Agreement. (6) San Carlos shall pay the other post-employment benefits (OPEB) Unfunded Liability associated with providing the Services (which are included in Exhibit “C”, Item F) as set forth in the following “Unfunded Liability Schedule”: Year 1: 45% of the “Unfunded Rate” Year 2: 45% of the “Unfunded Rate” Year 3: 40% of the “Unfunded Rate” Year 4: 45% of the “Unfunded Rate” Year 5: 50% of the “Unfunded Rate” (7) The Participating Agencies agree to perform an actuarial study to determine the schedule for unfunded liabilities for PERS and OPEB associated with employees providing Services to San Carlos beyond Year 5. The cost of such actuarial study will be borne equally by the Participating Agencies to meet the intent of the Original Agreement and selection of the actuarial firm to perform the work will be mutually agreed upon by the Participating Agencies.” 2. Each Party’s Role In Drafting the Amendment. Each party to this Amendment has had an opportunity to review this Amendment, confer with legal counsel regarding the meaning of the Amendment, and negotiate revisions to the Amendment. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of this Amendment. 3. Severability. The invalidity or unenforceability of any provision of the Original Agreement shall in no way affect, impair or invalidate any other provision hereof, and such other provisions shall remain valid and in full force and effect to the fullest extent permitted by law. 4. Entire Agreement; Amendments. Except as modified by this Amendment, the Original Agreement remains in full force and effect. IN WITNESS WHEREOF, the Participating Agencies have executed this Amendment as of the Effective Date. [Signature Page Follows]