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

Browse Search

keep the Facilities in a safe, secure, broom -clean and sightly condition. Redwood City shall execute a Lease for use of said San Carlos Facilities, in the form attached hereto as Exhibit "D". 6. Term. (a) The term of this Agreement shall commence on July 1, 2018, and shall expire on June 30, 2023 (Term'). Upon written notice the Participating Agencies shall meet and confer for a period of up to ninety (90) days regarding the existing terms and conditions of the Agreement. If no agreement is reached by the Participating Agencies during this ninety (90) day period, then the parties shall mediate any disputes as set forth in Section 15 until a total of one hundred eighty (180) days has elapsed. If the Participating Agencies cannot reach mutual agreement on terms and conditions during the one hundred eighty (180) days total, then either Participating Agency may terminate the Agreement upon written notice to the other at least one (1) year in advance ("Termination Notice'). The termination date shall be set forth in the Termination Notice; however, in no event shall the termination date be earlier than June 30, 2021. (b) San Carlos shall notify Redwood City no later than January 1, 2022 of its desire for Redwood City to continue to provide Fire and Emergency Services for and on behalf of San Carlos after the expiration of the Term. Upon such notice, the Participating Agencies shall meet and confer for a period of up to ninety (90) days to negotiate and reach a mutual agreement for the Services to take effect upon expiration of this Agreement. If no agreement is reached by the Participating Agencies during this ninety (90) day period, then the parties shall mediate any disputes as set forth in Section 15 until a total of one hundred eighty (180) days has elapsed. If the Participating Agencies cannot reach mutual agreement on terms and conditions on or before November 30, 2022, then the Agreement shall terminate and be of no further force or effect as of June 30, 2023. (c) Each Participating Agency shall fully discharge all obligations that accrue under this Agreement prior to expiration or earlier termination of the Term. The Participating Agencies shall meet and confer in good faith to engage in an orderly termination of this Agreement, including reaching agreement on the financial expense of supporting retiree benefits, including pensions, heath care, and insurance, associated with Redwood City having provided the Services to San Carlos, and if agreement is not reached within ninety (90) days, then the parties shall mediate any disputes as set forth in Section 15. (d) The City Managers of the Participating Agencies may extend any deadline set forth in this Section 6 through a written agreement signed by both City Managers. 7. Indemnificati-on. (a) Redwood City shall defend, hold harmless and indemnify San Carlos, its officers, agents and/or employees from any claims for injuries to persons (including workers' compensation claims) and/or damage to property, which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of Redwood City, its officers, agents, and/or employees. (b) San Carlos shall defend, hold harmless and indemnify Redwood City, its officers, agents and/or employees _ from any claims for injuries to persons (including workers' AM/AGR/2018IAMENDMENTSIAMEND NO.2 SAN CARLOS — RWC FIRE AGREEMENT REV: 04-17-18 JS Page 7 of 32