This is a one-year Amendment representing the last year of an existing three-year Agreement. The plan is for a new Agreement, commencing in July 2007, to be developed for countywide Hazmat services, which will also incorporate the new service and reimbursement provisions listed below. This will be accomplished over the next several months. Given the organizational changes that were underway with the service provider, but not finalized at the time the working group commenced contract negotiations, it was determined that a one-year Amendment to close out the old Agreement and allow time for a new Agreement, with a new JPA or fire agency, to be developed, was the best approach.
Because the original Agreement was with the South County Fire Authority JPA, this Amendment also reflects SCFA as the signatory party, however we have included a provision that allows recognition of the new JPA, the Belmont-San Carlos Fire Department, which has replaced SCFA as a legal entity, but will provide the same countywide Hazmat services.
Finally, it should be noted that the Amendment satisfactorily addresses the concerns and issues of all the parties, on a going-forward basis. It does not directly address any prior-year payment concerns which have been at issue with the parties. However, the Amendment provides a process for SCFA, as a staff agency to the Emergency Services Council, to communicate with the Council directly as regards continued discussion and resolution of any prior-year issues, which results could then be appended by a side letter to the Agreement. Any additional fiscal impact would have to be agreed to by a majority of the countywide Emergency Services Council members.
Amendment One to the Agreement with SCFA accomplishes the following:
§ Increases the contract maximum by $119,000 to $740,000, updating payment in accordance with the proposed FY 2006-07 hazmat budget;
§ Amends the termination clause to establish a minimum six-month termination notification period, and ties any payments to SCFA during a termination to the quarterly budget reimbursement process established later in the Amendment;
§ Allows specific assignability of the Agreement to a potential SCFA successor agency with a different name (ex. “Belmont/San Carlos Fire Department”), provided said agency continues with the same mission, personnel, and general operations as SCFA;
§ Sets forth the specific duties and working responsibilities of the assigned Hazmat Battalion Chief position, which are included as a new Attachment to amended Schedule “A” of the Agreement. Duties include certain staff responsibilities to the Emergency Services Council JPA, as relates to hazmat fire response services;
§ Sets forth the County’s role to provide annual budgetary support and consultation for development of the annual Hazmat emergency response, in coordination with SCFA fiscal staff;
§ Establishes the annual Emergency Services Council JPA budgetary process as the vehicle through which the SCFA hazmat response reimbursement under the Agreement will be developed, specified, budgeted, and approved in the future;
§ Sets forth in detail the specific components to be included in both the annual operating budget, and the capital equipment budget, and establishes parameters for these costs by way of percentage relationships;
§ Sets forth the requirements for a narrative document to accompany the annual budget, to be prepared by SCFA management, which discusses key budget issues; changes in the proposed budget; and provides some key workload and performance data (to be determined mutually) and can in turn be incorporated into the overall Emergency Services Council Annual Budget document process;
§ Revises the invoice & payment process to be a straight-forward quarterly invoice against the adopted SCFA portion of the JPA Hazmat budget, submitted in even quarterly invoices at the beginning of the last month in each quarter, with payment by the County within 30 days of receipt;
§ Establishes a definition of, and procedure to be followed for SCFA to seek remedy, in the event of a catastrophic, or “extraordinary (Hazmat) event” which results in SCFA incurring response costs that are clearly, and by specific definition, above and beyond the planned budgeted level of expenditures; and
§ Establishes that any other costs or reimbursements not otherwise incorporated must be mutually agreed to by the County, SCFA, and the Emergency Services Council, and documented by a side letter.
County Counsel has reviewed and approved the Resolution and Amendment as to legal form.
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