AMENDMENT TO THE AGREEMENT BETWEEN THE
COUNTY OF SAN MATEO AND THE SAN MATEO COUNTY BAR

ASSOCIATION FOR THE PRIVATE DEFENDER PROGRAM

This amendment is entered into this ___ day of _________, 2002, by and between the County of San Mateo ("County") and the San Mateo County Bar Association ("Association")

WHEREAS, on August 21, 2001, County and Association entered into a five-year agreement, for the term July 1, 2001 through June 30, 2006, for Private Defender Program services; and

WHEREAS, there has been presented to this Board of Supervisors for its consideration and acceptance an Amendment to the Agreement with the Association, reference to which is hereby made for further particulars, whereby the Association shall provide additional legal services for mental health cases at Sequoia Hospital and the Veteran's Administration; and

WHEREAS, this Board has been presented with the Amendment to the Agreement and has examined and approved it as to both form and content and desires to enter into the Amendment to the Agreement;

It is therefore agreed as follows:

1. Paragraph 2.c. of the Agreement shall be amended to read as follows:

"TYPE C" CASE is generally described as any case initiated pursuant to the Lanterman-Petris-Short Act or the Developmental Disability laws set forth in the California Welfare and Institutions Code. A Type C case also includes any probable cause hearings for involuntarily confined psychiatric patients conducted pursuant to section 5250 of the Welfare and Institutions Code and all Riese hearings regarding involuntary medication of such patients, as described in greater detail in APPENDIX A and APPENDIX D, attached hereto and incorporated by reference as though fully set forth herein.

2. Paragraph 3.b. of the Agreement shall be amended to read as follows:

For the period commencing July 1, 2002 and ending June 30, 2003, the total amount of compensation to be paid by the County to the Association shall be $11,007,462. This includes compensation of $30,000 to the Association for the provision of services specified in Appendix D.

3. Appendix A of the Agreement shall be amended to read as follows:

"TYPE C" CASES include probable cause and Riese hearings, and shall be provided as follows: the Private Defender Program shall provide representation at Mills-Peninsula Hospital and San Mateo County General Hospital at a maximum occurrence of two calendars per week at each facility, for a total of 208 calendars. The Private Defender Program will also serve as "back-up" representation at Sequoia Hospital and the Veterans Administration Hospital for no more than 20 calendars when the representative of the Health Department is unavailable. The Health Department shall provide notification 24 hours in advance when attendance is required at those proceedings.

4. Appendix D is added to the Agreement as follows:

For the period July 1, 2002 through June 30, 2003, "TYPE C" CASES shall include those as described in Appendix A, except that the "back-up" provisions of Type C cases as described in Appendix A are replaced and superceded by the following: the Private Defender Program shall also provide representation at Sequoia Hospital and the Veteran's Administration Hospital at a maximum occurrence of two calendars per week at each facility, for a total of 208 calendars.

5. In all other respects the Agreement, as adopted on August 21, 2001, shall remain in full force and effect.

IN WITNESS WHEREOF the parties hereto, by their duly authorized representative have executed this Amendment on the ___ day of ____________, 2002.

COUNTY OF SAN MATEO

Dated: ______________ By _______________________________

Jerry Hill, President

SAN MATEO COUNTY BAR ASSOCIATION

Dated: ______________ By _______________________________

Executive Director