Agmt18 Second Amendment to Restated Agreement between Cities of RWC and San Carlos for Fire and Emergency Services

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unfunded liability associated with employees providing Services under this agreement. Participating Agencies agree to meet in September 2018 to discuss the results of this study and determine the schedule for unfunded liability payments in Years 3-5 of the Agreement. The Participating Agencies further agree that the schedule will be structured to meet the intent of the Original Agreement, which was for San Carlos to pay the actual annual cost of providing the Services, including the unfunded liability associated with providing the Services. If an amount for Years 3-5 has not been determined by the end of Year 2, San Carlos shall continue to pay the Year 2 amount until the amount for Years 3-5 is determined. Any amount owed by San Carlos under the preceding sentence shall be adjusted to reflect actual cost once the amount for Years 3-5 is determined. The cost of the above mentioned actuarial study will be paid for by San Carlos. The cost of any future actuarial studies will be borne equally by the parties to meet the intent of the Original Agreement as provided in Section 2f. All future appointments of actuarial funis to perform the work will be mutually agreed upon by the parties. (c) Increases and decreases in the actual cost incurred during any fiscal year shall be carried on the books of Redwood City as a credit or charge. Any payments by San Carlos in excess of actual cost shall be carried on the books of Redwood City as a credit against the Personnel Staffing costs in the following fiscal year, with one quarter of the amount applied in each of the four quarterly payments. Any shortfall in payment of actual costs shall be added to the Personnel Staffing costs in the following fiscal year, with one quarter of the amount applied in each of the four quarterly payments. (d) An updated Exhibit "C" shall be prepared annually by Redwood City. San Carlos shall have sixty (60) days to review the proposed updated Exhibit "C" with the understanding that the Unfunded Liability cost shall reflect the Unfunded Liability Schedules under Subsections 2(b)(i)(5) and 2(b)(i)(6) and the workers' compensation cost shall reflect the terms of Subsection 2(b)(i)(1), and such costs are not subject to annual review by San Carlos. If San Carlos does not notify Redwood City of any objections within sixty (60) days, Exhibit C shall be deemed approved by both parties. If San Carlos objects to any element of the proposed updated Exhibit "C", the Participating Agencies shall meet and confer to resolve the outstanding issues. If agreement is not reached within sixty (60) days, then the parties shall mediate any disputes as set forth in Section 15. Until resolution of any differences on the proposed updated Exhibit "C", San Carlos shall pay the undisputed amounts due. Within thirty (30) days following an agreement on the revised cost of Services, the San Carlos City Council shall consider the updated Exhibit "C" and if approved authorize the City Manager to sign. Such executed updated Exhibit "C" shall include any changes to staffing and compensation and shall replace the then -current Exhibit "C" attached to this Agreement as an amended Exhibit "C". Upon execution of the updated Exhibit "C", San Carlos will be responsible for the payment of all amounts due and owing for the full fiscal year notwithstanding when the agreement is reached or when the updated Exhibit "C" is executed. For example, if the updated Exhibit "C" is executed in the fourth month of the fiscal year, San Carlos shall pay the costs associated with months 1-4 -of that fiscal year as well as the quarterly payments moving forward. ATTY/AGR/20181AMENDMENTS/AMEND NO.2 SAN CARLOS — RWC FIRE AGREEMENT REV: 04-17-18 JS Page 4 of 32