20050125_a

SECOND AMENDMENT

AGREEMENT BETWEEN INDUSTRIAL EMERGENCY COUNCIL

AND THE COUNTY OF SAN MATEO

This Second Amendment to the Agreement entered into on the 1st day of October, 2003, by and between INDUSTRIAL EMERGENCY COUNCIL, hereinafter called "CONTRACTOR" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter called "COUNTY."

W I T N E S S E T H :

WHEREAS, the parties previously entered into an Agreement [No. 30000-04-D020] on October 1, 2003 to host Weapons of Mass Destruction classes for the Sheriff’s Office; and

WHEREAS, both parties have subsequently adopted Change Order No. 1 to this Agreement, extending the term by nine (9) months to June 30, 2005 and increasing the contractual maximum by $67,200; and

WHEREAS, it is now the mutual desire and intent of the parties to make further modifications and amendments providing for an increase of the contractual maximum by $33,000 to $120,200; and

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES that the existing Agreement is hereby amended, by reference to Sections of the original Agreement and Exhibits as follows:

1.

Last sentence of Section 3. Payments, of the Agreement is hereby amended to read as follows:

In no event shall total payment for services under this Agreement exceed ONE HUNDRED TWENTY THOUSAND TWO HUNDRED DOLLARS AND NO CENTS, $120,200.00.

2.

Subsection C - 2. of Section I. Description of Services to be Performed by the Contractor, of Exhibit A to the Agreement is hereby replaced in its entirety with the following:

2.)

Stage Two – Implementation: (In connection with 03 Part I Grant Code: 30546-SGHS1-OS1EX)
Contractor will provide the following services during the implementation of 12 Weapons of Mass Destruction (WMD) Exercise Drills:

ê Manage registration process (i.e. create rosters, nametags, maintain records, etc.).

ê Coordinate logistics for exercises (i.e. snacks, restroom facilities, outside area for hands-on demonstrations).

ê Coordinate role players.

ê Provide a Safety Officer to oversee activities to insure no safety issues occur.

ê Provide one (1) expert to demonstrate WMD hazmat awareness and show sample explosives.

ê Develop and distribute (20 copies) a final After Action Report.


3.	Section II. Amount and Method of Payment, of Exhibit A to the Agreement is hereby replaced in its entirety with the following:
A.		County will reimburse Contractor at a rate of $15.62 per student hour for Introduction of Weapons of Mass Destruction classes *(for the period between October 1, 2003 to April 1, 2004)*
B.		Planning Services: County will reimburse Contractor at a rate of $150 per hour, per person for WMD Exercise Planning. [No more than two people and a combined maximum of 160 hours or $24,000 for the term of this agreement.]
C.		Implementation Services: County will reimburse Contractor for each hosted WMD Exercise Drill at a rate of $6,350. [Not to exceed $76,200 or 12 exercises for the term of this agreement.]
D.		Contractor shall prepare and submit an invoice for payment, which details the date of the exercise and the number of attendees.
E.		Payment of services rendered shall be in accordance with the policies and procedures established by the County Controller’s Office. In any event, the total payment for services of Contractor shall not exceed $120,200. County shall have the right to withhold payment if County determines that the quality or quantity of work performed is unacceptable. Payments shall be made within 45 days from the date of the applicable undisputed invoice.

4.	These amendments are hereby incorporated and made a part of the Original Agreement and subject to all provisions therein.


IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

		COUNTY OF SAN MATEO A Political Sub-division of the State of California

		By:
			Richard S. Gordon, President Board of Supervisors

			Date:

ATTEST:

By:
	Clerk of Said Board

		INDUSTRIAL EMERGENCY COUNCIL

		By:

			Date:


*SECOND AMENDMENT* AGREEMENT BETWEEN INDUSTRIAL EMERGENCY COUNCIL AND THE COUNTY OF SAN MATEO

This Second Amendment to the Agreement entered into on the 1st day of October, 2003, by and between INDUSTRIAL EMERGENCY COUNCIL, hereinafter called "CONTRACTOR" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter called "COUNTY."

*W I T N E S S E T H :*

WHEREAS, the parties previously entered into an Agreement [No. 30000-04-D020] on October 1, 2003 to host Weapons of Mass Destruction classes for the Sheriff’s Office; and

WHEREAS, both parties have subsequently adopted Change Order No. 1 to this Agreement, extending the term by nine (9) months to June 30, 2005 and increasing the contractual maximum by $67,200; and

WHEREAS, it is now the mutual desire and intent of the parties to make further modifications and amendments providing for an increase of the contractual maximum by $33,000 to $120,200; and

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES that the existing Agreement is hereby amended, by reference to Sections of the original Agreement and Exhibits as follows:

1.	Last sentence of Section 3. Payments, of the Agreement is hereby amended to read as follows:
			In no event shall total payment for services under this Agreement exceed ONE HUNDRED TWENTY THOUSAND TWO HUNDRED DOLLARS AND NO CENTS, $120,200.00.

2.	Subsection C - 2. of Section I. Description of Services to be Performed by the Contractor, of Exhibit A to the Agreement is hereby replaced in its entirety with the following:
		2.)		Stage Two – Implementation: (In connection with 03 Part I Grant Code: 30546-SGHS1-OS1EX) Contractor will provide the following services during the implementation of 12 Weapons of Mass Destruction (WMD) Exercise Drills:
					ê Manage registration process (i.e. create rosters, nametags, maintain records, etc.). ê Coordinate logistics for exercises (i.e. snacks, restroom facilities, outside area for hands-on demonstrations). ê Coordinate role players. ê Provide a Safety Officer to oversee activities to insure no safety issues occur. ê Provide one (1) expert to demonstrate WMD hazmat awareness and show sample explosives. ê Develop and distribute (20 copies) a final After Action Report.

Last sentence of Section 3. Payments, of the Agreement is hereby amended to read as follows:

Subsection C - 2. of Section I. Description of Services to be Performed by the Contractor, of Exhibit A to the Agreement is hereby replaced in its entirety with the following:

Section II. Amount and Method of Payment, of Exhibit A to the Agreement is hereby replaced in its entirety with the following:

Contractor shall prepare and submit an invoice for payment, which details the date of the exercise and the number of attendees.